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2002/04/08EIGHTH MEETING COMMITTEE -OF- THE -WHOLE Committee Room #2 April 8, 2002 Council met on Monday, April 8, 2002 at 5:40 p.m. in Committee -of -the Whole. All members of Council, were present. Alderman Ken Feren presided as Chairman. Following consideration of the items presented, the Committee -of- the -Whole rose to report in open session. READ AND ADOPTED, DEAN IORFYDA, CITY CLERK WAYNE THOMSON, MAYOR Letters of Condolence: REGULAR COUNCIL Council Chambers April 8, 2002 Council met on Monday, April 8, 2002 at 6:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present. His Worship Mayor Wayne Thomson provided the Opening Prayer. His Worship Mayor Thomson requested that the following matters be dealt with prior to dealing with Regular Council Business. ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that a Letter of Condolence and the Book of Condolence be forwarded to the family of Her Late Royal Highness the Queen Mother. Carried Unanimously. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that a letter of condolence be forwarded to the family of the late Gary Frank Hendershot, Alderman for the City of Niagara Falls. Carried Unanimously. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that a letter of condolence be forwarded to the family of the Hugh E. Detlor, an active member in the scouting movement and well respected citizen of the community. Carried Unanimously. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that a letter of condolence be forwarded to the family of the late Francesco "Frank" Elia, former City employee. Carried Unanimously. -2- ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that a letter of condolence be forwarded to the family of the late William Thomas, former Alderman for the Village of Chippawa. Carried Unanimously. ORDERED on the motion of Alderman Orr, seconded by Alderman Wing, that a letter of condolence be forwarded to the family of the late Sydney Rave, former Superintendent of water distribution for the City of Niagara Falls. Carried Unanimously. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that the Minutes of March 18, 2002 be adopted as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman Campbell indicated a conflict of interest on Report No. F- 2002 -23, Cheque Nos. 266606 and 266419 and the Deputation on Education Week, because the District School Board of Niagara is his employer. Alderman Craitor indicated a pecuniary interest on Report No. F- 2002 -23, Cheque Nos. 266396; 266416; 266457; 266574; 266614; 266616 and 266683 because a member of his family is employed by the Region. Alderman Federow indicated a pecuniary interest on Report BDD- 2002 -01 because he is a member of the Ontario Real Estate Board and on Report No. F- 2002 -23, Cheque Nos. 26606 and 266419 because a member of his family is employed by the recipient. Alderman Pietrangelo indicated a pecuniary interest on Report F- 2002 -23, Cheque Nos. 266606 and 266419 because the recipient is his employer. PRESENTATIONS Sport Karate World Games His Worship Mayor Thomson congratulated and presented tokens of appreciation to Darcy Dungey, a Grade 12 Westlane Secondary School student, who won two World titles in the 12 Annual Sport Karate World Games in California; Kendra Lawrie, a Grade 8 Our Lady of Mount Carmel student, who won in the Traditional Forms category and Jonathan Makowski, a Grade 6 Prince Philip School student, who won titles in the Creative Weapons and Traditional Kata categories. The Many Hands Project Mr. Sean McGrillen, Manager, Marketing and Communications of Niagara College's Many Hands Project provided background information on the project. Volunteers will be upgrading and renovating new and existing facilities at the Niagara Support Services' Kalar Road residence; Members of Council and the community were invited to attend the one day renovation blitz on April 13, 2002 and assist in the project. District School Board of Niagara -3- Annual Greater Niagara Circle Trek Fun Ride Mr. Clyde Carruthers recognized Mr. Vince Catone, and Alderman Wayne Campbell, of the Trails Bikeways Committee, and provided information on the 1s Annual Greater Niagara Circle Trek Fun Ride being held on May 4, 2002, commencing at the Millennium Trail Oakwood Drive and McLeod Road, in order to raise funds for Phase 2 of the Millennium Trail. Mr. Carruthers encouraged the community to participate in this worthwhile event. Ms. Linda Baiano, Vice Principal, Stamford Collegiate, advised that April was Education Month in Niagara Falls and extended an invitation to members of Council, City staff and the community to visit the Niagara schools during the month of April. Mr. Dave Redekop, a teacher at Orchard Park Elementary School introduced Daniel Woods, a student at Orchard Park Elementary School, who discussed the issue of Excellence in Education at Niagara schools and provided a brief overview of the educational activities being held during the month of April. Ms. Baiano introduced Emily Flexhaug, a Grade 9 student at Stamford Collegiate who provided her personal reflections on education. His Worship Mayor Thomson thanked all the participants for their presentations. Privatization and Deregulation of Ontario Hydro Mr. Frank Fohr, Niagara Chapter of the Council of Canadians and the Ontario Electrical Coalition advised that the Ontario government planned to deregulate the electricity industry in Ontario as of May 1s 2002 and sell Hydro One which operates Ontario's transmission system; he also advised that the proposed deregulation and privatization of electricity would result in higher consumer and industrial rates and requested that Council approve a resolution to call upon the Government of Ontario to cancel its plans for the deregulation of electricity and privatization of Ontario's electricity assets. Mr. Frank Fohr introduced Ms. Lisa Bower who provided statistics on the experiences with respect to deregulation in Alberta and California. She advised that a Walk for at -cost public electricity in Ontario" would be held at Queen Victoria Park on April 20, 2002 and invited everyone to participate. Following the presentation, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that Council supports the resolution calling upon the Government of Ontario to cancel its plans for the deregulation of electricity and privatization of Ontario's electricity assets. Carried Unanimously. Following further discussion, it was suggested that representatives from our local hydro be invited to an upcoming Council meeting to discuss the issues. -4- Niagara Inter Faith Council ORDERED on the motion of Alderman Feren, seconded by Alderman loannoni, that Council supports the resolution of the Niagara Inter -Faith Council to petition the Canadian government to urge the United Nations to immediately dispatch a peace force to the Middle East in order to protect the lives of Israelis and Palestinians alike; and to provide cease fire and security; and to summon a committee made up of representatives from Israel, Arab League, United States, European Union and Canada to work under the chairmanship of the United Nations to come up with a just treaty, respecting the right of Israel to live in peace with its neighbours, and for Palestinians to have their own independent state where they can regain their humanity and dignity. Carried Unanimously. Water Usage and Rain Barrels His Worship Mayor Thomson advised that as a result of concerns raised by residents about the cost of watering their gardens and lawns under a user pay system, the City had looked into several alternatives and options to help residents save money. His Worship provided a demonstration on the use of rain barrels to help with watering; he indicated that 3, 000 barrels would be made available to City residents, at a subsidized rate of $20.00 per barrel with a limit of 2 barrels per person. He requested that Council approve subsidizing the rain barrels and advised that Mr. David Watt from the City's Engineering Department had been instrumental in bringing this concept to the forefront and requested that a letter of appreciation be forwarded to Mr. Watt on behalf of the City. Following some discussion, it was ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that Council approve the request and that a letter of appreciation be forwarded to Mr. David Watt for his efforts in bringing this concept to the forefront. The motion Carried, with Aldermen Orr, Puttick and Wing voting contrary to the motion and with all others voting in favour. BUDGET CONSIDERATIONS The Chair of the Corporate Services Committee advised that Council's objective was "to make every effort to maintain current levels of service without placing an undue burden on the City's taxpayers"; advised that the City of Niagara Falls was enjoying a season of growth which presented challenges and opportunities and that staff had prepared budgets that addressed these challenges; he indicated that growth in property assessment would enable the City to embrace a set of revenues and expenditures that matched the rising demand of municipal services; advised that the interest payment from the Niagara Falls Holding Co. would provide $1.6 million per year commencing May 1, 2002 and that changes of the waste management fee to a flat tax would be charged to all properties to pay the contract costs of the Regional service. He indicated that the 2002 -2006 Capital Projects Budget provided a balanced approach to prioritizing reconstruction of roads, sidewalks, sewers and water distribution systems along with new projects. The Director of Finance provided an overview of how the current capital 2002 budgets had been prepared; referred to the revenue generation capabilities; discussed the general purposes fund; capital works fund and municipal utilities and reviewed the five major revenue sources which included taxation; payment from government agencies in lieu of taxes; grants and subsidies; licences, fees and rents and other. -5- The Executive Director of Corporate Services reviewed Report F- 2002 -21, Amendments to the 2002 Budget and advised that a motion had been passed at the March 18, 2002 Corporate Services Committee that staff be directed to review and consider a list of projects not included in the 2002 budget; he advised that staff had investigated the costs of the projects and reviewed the options from a revenue and expense perspective. In response to concerns expressed with respect to fees and services dealing with the Humane Society, the Executive Director of Corporate Services advised that whether it required an amendment to a level of services or whether it was necessary to find additional monies to provide the same level of service, there would be some opportunity for staff to work with the Humane Society on the matter. Clarification was provided with respect to the financing arrangements dealing with the railway acquisition; penalties and interest projections. Discussion ensued with respect to doctor recruitment; the Mayor provided examples of incentives provided by other municipalities, some of which may be contrary to the Municipal Act. Following the discussion, it was ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that a resolution be forwarded to the Minister of Health and our local MPP indicating that Council objects to municipalities circumventing the Municipal Act by offering incentives and bonuses to doctors. Carried Unanimously. F- 2002 -17 Chief Administrative Officer Re: 2002 General Purposes Budget. The report recommends that Corporate Services Committee approve the 2002 General Purposes Budget. F- 2002 -18 -Chief Administrative Officer Re: 2002 -2006 Capital Projects Budget. The report recommends that the Corporate Services Committee approve the 2002 -2006 Capital Projects Budget. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Aldermen Craitor, Federow, loannoni, Orr and Wing voting contrary to the motion and with all others voting in favour. F- 2002 -21 Chief Administrative Officer Re: Amendments to the 2002 Budget. The report recommends that City Council direct staff to amend the 2002 General Purposes Budget; and that City Council approve Report F- 2002 -17, General Purposes Budget and Report F- 2002 -18, 2002 -2006 Capital Projects Budget, as amended. -AND Correspondence from the Niagara Falls Public Library. Correspondence from the Niagara Falls Humane Society. Following the discussion, it was ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, to approve the budget as amended, with the inclusion of $22,000 to the Niagara Falls Transit; $81,700 to the Niagara Falls Library and $50,000 to the Greater Niagara General Hospital Foundation. The motion Carried with Aldermen Campbell, Feren, Fisher, Pietrangelo, Puttick and Volpatti voting in favour and Aldermen Craitor, Federow, loannoni, Orr and Wing voting contrary to the motion. Report MW- 2002 -26 Chairperson, Municipal Parking Traffic Committee Re: Municipal Parking Traffic Committee Recommendation Review of Monthly Parking Rates February 19, 2002. The report recommends that the monthly parking rates be reverted back to the 2001 rates for the year 2002. ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary to the motion and with all others voting in favour. -6- Report MW- 2002 -27 Chairperson, Municipal Parking Traffic Committee Re: Municipal Parking Traffic Committee 2002 Budget Recommendations, February 19, 2002. The report recommends the following: 1. That based on Report Number MW- 2002 -23 Review of Monthly Parking Rates that the 2002 Operating Budget revenues section be reduced by $24,000.00; 2. That the 2002 Municipal Parking Operating Budget and 2002 Capital Parking Projects, attached, as amended, be endorsed and forwarded to City Council for approval. ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary to the motion and with all others voting in favour. PLANNING MATTERS PD- 2002 -34 Chief Administrative Officer Re: Recommendation Report, Orchard Grove West Draft Plan of Subdivision 26T -11- 2001 -03 (Revised); Zoning By -law Amendment Application AM- 3412001; Owner: 527786 Ontario Limited (Agreement of Purchase and Sale). The report recommends the following: 1. That the Orchard Grove West Plan of Subdivision be draft approved subject to the conditions in the attached Appendix; 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council; 4. That the application to amend the Zoning By -law be approved as detailed in this report to provide the necessary land use regulations to guide the development of the subdivision; 5. That Council authorize staff to close that portion of the unopened road allowance between Stamford Township Lots 122 134 (part of proposed Lots 29 30, and part of Block 96) as shown on Schedule 4. -AND Communication No. 25 Canadian National Railway Properties Inc. The communication requests that the comments provided in the correspondence be included in the Draft Conditions; Communication No. 26 J. Mark Lelievre, 8263 Harvest Crescent. The communication enquiries whether consideration has been given to putting a stop light system or a four -way stop system in order to accommodate the two subdivisions; suggests the installation of a rail barrier at the railway crossings located at Kalar and Beaverdams Roads; enquires as to the type of development that was being proposed and whether sidewalks and proper drainage systems and sound barriers would be installed. Communication No. 27 Canadian National Railway Properties Inc. The communication comments on the railway crossings in proximity to the proposed development. Communication No. 28 Niagara Peninsula Conservation Authority. The communication requests that Conditions 1 through 5 be implemented by the applicant. -7- Communication No. 29 Regional Niagara, Planning and Development Department. The communication advises as having no objection to the draft approval of the development subject to the conditions of draft plan approval. Communication No. 30 Brooks, Bielby Smith, on behalf of KOA Campground. The communication expresses various concerns with respect to the proposal. Communication No. 31 Acres International. The communication provides comments on the Orchard Grove West Subdivision Noise Study. Communication No. 32 Lancaster, Brooks Welch. The communication refers to the specific wording of the warning clause to be included in the conditions for the draft plan approval. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid First Class mail on March 15, 2002. His Worship Mayor Thomson received indication that Mr. Victor Muratori, Solicitor, was in attendance on behalf of the applicant, and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; The Proposal; The Planning Review; advised that stormwater management concerns would be further looked into; referred to the Kalar Road Upgrades; advised that the issue of the Unopened Road Allowance would be included as part of the Conditions for Draft Plan Approval; advised that an agreement had been reached and negotiated indicating that a 2 -metre noise attenuation fence be built along the entire width of the subdivision; that a warning clause and a 15 metre setback be included in the Conditions of Draft Approval. He advised that subject to those modifications being made, staff were recommending approval of the application. There was a positive response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response in opposition to the application. Mr. Thomas Bielby, Solicitor on behalf of the KOA Campground advised that subject to the inclusion of the requested wording in the warning clause and minimum; dwelling setback from the campground, his client was in favour of the application. Mr. Jim Williams, former owner of the KOA Campground, referred to the inclusion of the warning clause and thanked staff for their co- operation during the past 29 years. Mr. Peter Grandoni, advised that he was not opposed to the proposed subdivision but expressed concerns regarding the draining the subdivision water into a farm field water course, that drained into Beaverdams Creek; he expressed the opinion that the storm storage pond should be located on the north east corner beside the storm sewer and not in the north west corner of the property. -8- Mr. Victor Muratori, advised that his client endorsed the staff recommendation report and that all the issues with respect to the warning clauses had been addressed. In response to Mr. Grandoni's concerns, he advised that current standards on storm water drainage were that post development flows must not be any greater than the current flows on the undeveloped site; he advised that the developer must control the quality of flows and provide for settlement of any sediment in the stormwater. Mr. Muratori stated that the location of the potential storm water pond was only to indicate that there was sufficient lands to accommodate a storm water management facility and that it did not necessarily mean that would be the location of the pond. Mr. Muratori referred to and reviewed Conditions 30 through 35 of the Conditions for Draft Plan Approval. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 34/2001, closed. ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that the report be received and adopted as amended subject to Paragraph #16 of the Conditions for Draft Plan Approval being amended to include the warning clause as set out by KOA Campground's lawyers (Communication #32) and further, that the Zoning By -law Amendment require a minimum dwelling setback from the campground lands of 15 meters. Carried Unanimously. ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the correspondence be received and filed. Carried Unanimously. Alderman Feren requested that he be excused from the meeting. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS New Walker Bros. Quarry Waste Management Facilities His Worship Mayor Thomson advised of his attendance at the official opening of the Walker Bros. Quarries Waste Management Facilities, which would provide an opportunity to have a drop off point for residential garbage. He congratulated Waker Bros. and the Region for coming to an agreement on the matter. Nurse Practitioners Winter Festival of Lights His Worship Mayor Thomson referred to a Media Release advising that The Winter Festival of Lights had been selected as the Provincial winner in the Attractions Canada 2002 awards contest, and are being considered as a potential nation -wide winner. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that Council supports a request from the Corporation of the City of Brantford requesting the Ontario Ministry of Health and Long Term Care to develop mechanisms to allow Nurse Practitioners to practice as members of an interdisciplinary team or independently to the full extent of their licensure and scope of practice and that a mechanism and appropriate funding be established by the Province of Ontario to fund Nurse Practitioner positions in a variety of settings across the Province. Carried Unanimously. Long -term Care His Worship Mayor Thomson referred to Mr. John Carter's recent presentation at the Regional Council indicating that under the Niagara Health System proposal, the government is to spend $325 million in refurbishing old hospitals; and that for $400 million, a brand new state -of -the art, super hospital could be built and located at a central location. Mayor Thomson requested that Council endorse a resolution and forward it along with Mr. Carter's comments, to the Provincial government and the Niagara Health System, requesting that they study and examine the issue of building a new state -of- the -art hospital. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that Council endorse a resolution and forward it along with Mr. John Carter's comments to the Provincial government and the Niagara Health System requesting that they study and examine the issue of building a new state -of- the -art hospital. Carried Unanimously. City of Woodstock Resolution -9- ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that Council endorses a resolution from the City of Woodstock supporting the recommendations outlined in the Canadian Police Association fact sheet requesting the Province of Ontario to enact legislation to strengthen Canada's system of sentencing, corrections, parole and release. Carried Unanimously. Mid Peninsula Corridor Proposal His Worship Mayor Thomson referred to concerns expressed with respect to the Mid Peninsula corridor proposal, which suggests that the corridor go through good agricultural land located in the Niagara Region and requested that staff bring in a definitive report on the proposal, and further that staff contact the City of Hamilton and Burlington for their comments on the matter. ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that staff bring in a definitive report on the Mid Peninsula corridor proposal and further, that staff contact the Cities of Hamilton Burlington for their comments. Carried Unanimously. COMMUNICATIONS Communication No. 33 Youth for Christ Niagara Re: Outdoor Concerts. The communication requests permission to hold a series of free outdoor concerts, beginning with a concert at City Hall during Hiphop Appreciation Week, being the third week of May and to use various parks throughout the City from May 18 to August 31, 2002. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the matter be referred to staff. Carried Unanimously. Communication No. 34 Chippawa Amateur Athletic Association Re: Arena Complex in Chippawa. The communication requests that this item be budgeted for this year. ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that the correspondence be received and filed. Carried Unanimously. -10- Communication No. 35 Downtown Niagara Falls Re: Downtown Beautification. The communication requests that Council 1) help subsidize the hydro expense that is incurred to keep the lights on the trees located on Queen Street; and 2) requests unlimited access and use of the market area between Queen and Park Street and 3) that Council waive all permit fees and support the effort by cleaning and repairing the building area for their ongoing use and 4) that the City provide electricity to accommodate vendors who will provide perishables and in addition to providing washroom facilities to the patrons of the market. ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the matter be referred to staff. Carried Unanimously. Communication No. 36 Lundy's Lane Historical Museum Re: Commemorating Railway History. The communication requests that consideration be given to two sections of railway track, both the rails and ties be preserved to be later reintroduced as part of a streetscape design and to allow for a plaque to be placed in a prominent location commemorating one of the most important eras of our City's past. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the matter be referred to staff. Carried Unanimously. Communication No. 37 The Niagara Parks Commission Re: Fireworks Displays. The communication requests permission to carry out the Falls Fireworks Displays from May 17 2002 through September 1, 2002 commencing at 10:00 p.m. on Sunday and Friday nights; including Victoria Day, May 20 Memorial Day, May 27 Canada Day, July 1" Independence Day, July 4 in the Lower Gorge along the Power Generation Access Road. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the request be approved subject to established policy. Carried Unanimously. Communication No. 38 Heart and Stroke Foundation of Ontario Re: Big Bike for Stroke Research. The communication requests permission to hold its annual "Big Bike for Stroke" event on April 28 2002. ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that the request be approved subject to established policy. Carried Unanimously. REPORTS BDD- 2002 -01 -Chief Administrative Officer Re: Niagara Commercial Properties User Agreement. The report recommends that Council agree to sign the Niagara Commercial Properties User Agreement. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Alderman Federow abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. MW- 2002 -39 Chief Administrative Officer Re: Tender Contract #2002 -03, Asphalt Patching. The report recommends that the unit prices submitted by the low tenderer, Norjohn Ltd., be accepted. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Puttick, that the report be received and adopted. Carried Unanimously. MW- 2002 -40 Chief Administrative Officer Re: Tender Contract #2002 116 -01, Victoria Avenue BIA Sidewalk Improvements. The report recommends that the unit prices submitted by the low tenderer, Sacco Construction Ltd., be accepted. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Puttick, that the report be received and adopted. Carried Unanimously. MW- 2002 -44 Chief Administrative Officer Re: Building Division Renovation, Tender #04 -2002. The report recommends that Council award Tender No. 04 -2002 for the Office alterations Building By -Law Services Division, 1s Floor City Hall to Serianni Construction of Welland, Ontario for the total sum of $47,015.80. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. MW- 2002 -45 Chief Administrative Officer Re: Highway No. 420 Reconstruction; Information Report. The report recommends that the report be received for the information of Council. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. R- 2002 -16 Chief Administrative Officer Re: Friends of Lundy's Lane Battlefield. The report recommends that the report is for the information of Council. Alderman Janice Wing referred to the comments provided in the staff recommendation report; and to the comments made by Mrs Margaret Mingle on the Friends of Lundy's Lane Battlefield matter. She reviewed the Minutes of the January 28th, 2002 Community Services Committee meeting and expressed the opinion that Mrs. Mingle's comments were accurate. She advised that it had come to her attention that a report was being prepared on her and indicated that there had been a lot of effort put into blackening her name over the past three years and suggested that there seemed to be an abuse of power taking place. The Chief Administrative Officer responded that in reference to Mrs. Mingle's correspondence, staff were of the opinion that the source of her information was incorrect and expressed concerns on references made that the former Chief Administrative Officer had supported the fact that a report was being prepared on the Alderman. In response to questions raised, the Director of Finance advised that the City was still waiting for the full payment of funds in the amount of $189,000 plus interest, from the Friends of Lundy's Lane Battlefield project. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the matter be referred to staff for a report back on the matter. Carried Unanimously. RATIFICATION OF PARKING TRAFFIC COMMITTEE ACTIONS ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that the actions taken at the Municipal Parking Traffic Committee on March 19, 2002 be adopted. MW- 2002 -43 Chairperson Municipal parking Traffic Committee. The report recommends the following: 1. 2002 Shrine Ceremonial Request for Parking Passes that the request from the Shriners to provide free parking passes to it's delegates, for parking throughout the City, during the 2002 Shrine Ceremonial to be held June 6,7, 8 9, 2002 be approved; 2. MW- 2002 -28 Request to Place Waste Container on Public Property in Municipal Lot #13 (Main Street) that the request to place two waste containers on public property in a predesignated area in Municipal Lot #13 (Main Street) be granted subject to site specific details; and that staff be authorized to prepare the necessary agreement; 3. MW- 2002 -29 Prospect Street Parking Review that a "no parking" restriction be implemented on the north side of Prospect Street from Drummond Road to a point 45 metres east of Drummond Road; that a "no parking" restriction be implemented on the north side of Prospect Street from a point 60 metres east of Drummond -12- Road to a point 115 metres east of Drummond Road; that a "no standing" restriction be implemented on the north side of Prospect Street from a point 45 metres east of Drummond road to a point 60 metres east of Drummond Road; 4. MW- 2002 -30 Longhurst Avenue On Street parking review Update that the current parking situation along Longhurst Avenue be maintained; 5. MW- 2002 -31 Homewood Avenue at Menzie Street Intersection Control review that a stop sign be installed on the west leg of Menzie Street at Homewood avenue facing eastbound motorists. Carried Unanimously. See By -law No. 2002 -059 F- 2002 -23 Chief Administrative Officer Re: Municipal Accounts. The report recommends that City Council approve the municipal accounts totalling $26,939,739.71 for the period ending April 8, 2002. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Aldermen Campbell, Craitor, Federow and Pietrangelo abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By -law No. 2002 -060 IS- 2002 -01 Chief Administrative Officer Ministry of Natural Resources Agreement for Hydrology Data. The report recommends that Council agree to sign the Ministry of Natural Resources Agreement. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. FS- 2002 -07 Chief Administrative Officer Re: Agreement with Walker Brothers Quarries Limited Temporary Training site for Niagara Falls Fire Department; Vacant House at 9555 Mountain Road. The report recommends that council authorize an agreement with Walker Brothers Quarries Limited to permit the Niagara Falls Fire Department to temporarily use th property and building at 9555 Mountain Road for the training of its firefighters. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. L- 2002 -18 Chief Administrative Officer Re: Agreement with The Regional Municipality of Niagara temporary Training Site for Niagara Falls Fire Services Vacant Houses and Apartment Building Roberts Street. The report recommends that Council authorize an agreement with The Regional Municipality of Niagara to permit the Niagara Falls Fire Services to temporarily use the property and buildings on Roberts Street for the training of its firefighters. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. RATIFICATION OF COMMITTEE -OF- THE -WHOLE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the actions taken in Committee -of- the -Whole earlier this evening be approved: 1. To authorize the issuance of an operator's licence and body rubbers' licence to the two appellants from Council's Body -Rub Parlour Licencing Review Committee; 2. That the Mayor be authorized to forward a letter requesting that the Niagara Regional Police Services Board assume enforcement of the City's Body Rub Parlour Licencing By -law. Carried Unanimously. -13- BY -LAWS Following some discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that By -law No. 2002 -057 be rescinded and that there be no tables purchased. The motion was Defeated Following further discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Orr, that the wording in By -law 2002 -057 be amended to read "reimbursement" instead of "paid Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that leave be granted to introduce the following by -laws, and the by -laws be read a first time: 2002 -057 A by -law to provide members of Council with an Aldermanic Community Expense Allowance. 2002 -058 A by -law to amend By -law No. 99 -140, as amended, being a by -law to appoint by -law enforcement officers for the City of Niagara Falls. 2002 -059 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (parking Prohibited, Standing Prohibited, Stopping Prohibited, Stop Signs, Parking Meter Zones) 2002 -060 A by -law to authorize monies for General Purposes (April 8, 2002). 2002 -061 A by -law to amend By -law No. 79 -200, as amended. (Re: AM -18 -200, Housekeeping Amendments to By -Law No. 79 -200) 2002 -062 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on April 8, 2002. The motion Carried with Alderman Wing voting contrary to By -law No. 2002 -057; Aldermen Campbell, Craitor, Federow and Pietrangelo abstaining from the vote on By -law No. 2002 -060 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Orr, seconded by Alderman Pietrangelo, that the following by -laws be now read a second and third time: 2002 -057 A by -law to provide members of Council with an Aldermanic Community Expense Allowance. 2002 -058 A by -law to amend By -law No. 99 -140, as amended, being a by -law to appoint by -law enforcement officers for the City of Niagara Falls. 2002 -059 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (parking Prohibited, Standing Prohibited, Stopping Prohibited, Stop Signs, Parking Meter Zones) 2002 -060 A by -law to authorize monies for General Purposes (April 8, 2002). 2002 -061 A by -law to amend By -law No. 79 -200, as amended. (Re: AM -18 -200, Housekeeping Amendments to By -Law No. 79 -200) 2002 -062 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on April 8, 2002. The motion Carried with Alderman Wing voting contrary to By -law No. 2002 -057; Aldermen Campbell, Craitor, Federow and Pietrangelo abstaining from the vote on By -law No. 2002 -060 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Campbell, seconded by Alderman Fisher, to go past 11 o'clock. Carried Unanimously. Letter of Appreciation ORDERED on the motion of Alderman Fisher, seconded by Alderman loannoni, that a letter of appreciation be forwarded to Janie Palmer for all of her efforts during her tenure at the United Way. Carried Unanimously. Alderman Craitor advised that the Lord Halifax Chapter (IOD) which had been in operation since 1939, had ceased operations and requested that a letter of appreciation be forwarded to Pat Hughes. ORDERED on the motion of Alderman Craitor, seconded by Alderman Orr, that a letter of appreciation be forwarded to Pat Hughes, the Lord Halifax Chapter (IOD) for all their efforts. Carried Unanimously. Farewell Good Luck His Worship Mayor Thomson advised that Mr. Tom Smith, of the Finance Department will be retiring from the City and taking a position with the Niagara Parks Commission; he requested that a letter be forwarded to Tom Smith in appreciation for his many years of service to the City along with expressing congratulations and best wishes on his new position at the Niagara Parks Commission. Downtown Bars Alderman Campbell referred to concerns expressed regarding the parking on Crysler Street between Queen and Victoria Street; garbage and nightly noise from the downtown bars. He requested that the matter regarding how downtown bars are affecting the residents in the downtown area be seriously looked at. ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the matter be referred to staff. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, -14- New Business DEAN IOR A, ITY CLERK ,o THOMSON, MAYOR