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2002/04/29Rain Barrel Sale ELEVENTH MEETING REGULAR COUNCIL ADOPTION OF MINUTES DISCLOSURES OF PECUNIARY INTEREST MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS Purchase of the former Niagara River Railway Bridge Council Chambers April 29, 2002 Council met on Monday, April 29, 2002 at 6:00 p.m. for the purpose of considering Regular Business matters. All members of Council, were present. Alderman Carolynn loannoni offered the Opening Prayer. Alderman Pietrangelo requested that the Minutes of April 15, 2002 be amended to reflect that his conflict of interest was because the Niagara Catholic District School Board is his employer. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the Minutes of the Planning Meeting of April 15, 2002 be approved as amended; and that the Minutes of the Regular Meeting of April 22, 2002 be approved as printed. Carried Unanimously. Alderman Craitor indicated a pecuniary interest on Report F- 2002 -27, Cheque Nos. 267146; 267212; 267014; 267073, because a member of his family is employed by the Region. Alderman Feren indicated a conflict of interest on Report PD- 2002 -41 dealing with Beefeater Niagara Ltd. Alderman Fisher indicated a pecuniary interest on Report F- 2002 -27, Cheque Nos. 267142 and 2670087 dealing with the railway crossings. His Worship Mayor Thomson advised that rain barrels would be going on sale at Niagara Square on June 1' 2002 commencing at 7:30 a.m. for $20.00 per barrel, on a First Come First Serve Basis. Mayor Thomson referred to a recent Media Release announcing that the Whirlpool International Truck Bridge Inc. has agreed to purchase the former Niagara River railway bridge from the Canada Southern Railway Company (CASO) which is jointly owned by CNR and CPR. -2- COMMUNICATIONS Communication No. 56 Canadian Hemochromatosis Society Re: Proclamation. The communication requests that Council proclaim the Week of May 25 to May 31S 2002 be proclaimed as Hemochromatosis Awareness Week ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that the request be approved. Carried Unanimously. Communication No. 57 Mr. Will Beaudoin, Event Coordinator Re: The Medieval Festival Fund Raiser. The communication advises that the Festival will be held on June 22'° and June 23' 2002, and requests: 1) permission to use Centennial Square in front of City Hall, the Market Square and to close Queen Street from Crysler Avenue to Erie Street during the festival; 2) requests permission to erect signs at each end of the street; 3) requesting to access the washroom facilities downstairs at City Hall; 4) requests public access via the stairs at City Hall and at the Market Square; and 5) requests that the City waive all fees associated with the participation in this festival. ORDERED on the motion of Alderman Feren, seconded by Alderman Campbell, that the matter be referred to staff. Carried Unanimously. REPORTS MW- 2002 -49 Chief Administrative Officer Re: Niagara Public Purchasing Committee 2002 -T -12; Granular Materials. The report recommends that the supply of granular material be awarded to Lafarge Canada, Walker Bros., and Ridgemount Quarries. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. MW- 2002 -55 Chief Administrative Officer Re: Contract #2002 -06, Tender for the Supply of Materials and Services for Pavement Markings (On- Street Application Only). The report recommends that the low bid, Provincial Maintenance, be accepted. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. MW- 2002 -56 Chief Administrative Officer Re: Contract #2002 -07, Tender for the Supply of Materials and Services for Pavement Markings (Parking Lots City Owned Lands). The report recommends that the low bid, R C Line Painting, be accepted. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. R- 2002 -19 Chief Administrative Officer Re: Agreement Between Architects and City of Niagara Falls. The report recommends that the Contract of Agreement with the Joint Venture Architectural Team of MacLennan Jaunkalns Miller and Chapman Murray and Associates be accepted. The City Solicitor requested that Sections 5.5.2 and 5.8.1 be deleted from the Contract of Agreement with the Joint Venture Architectural Team of MacLennan Jaunkalns Miller and Chapman Murray and Associates. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the report be approved as amended. Carried Unanimously. PD- 2002 -41 Chief Administrative Officer Re: Response to Beefeater Niagara Ltd. Allegations. The report recommends that the report is for Council's information. The City Clerk provided a video presentation from the Council meeting of April 15 2002 whereby Mr. Charles Burland and his Solicitor, Mr. Toshi Takishita, on behalf of Beefeater Niagara Ltd., had been in attendance and had made certain allegations and criticisms of staff. -3- The Director of Planning and Development responded to the issues raised by Mr. Burland and provided clarification on matters dealing with the Committee of Adjustment approvals; the Fountain Encroachment on Public Sidewalk; and the Falls Avenue Master Plan as outlined in Report PD- 2002 -41. He advised that Beefeater Niagara Ltd. had lodged an appeal to the Ontario Municipal Board on the first matter dealing with the minor variance application, but that the matter had been settled between the parties; he further advised that the second matter in Action No. 43328/01 was under appeal at the present time. In response to the suggestions made by Beefeater Niagara Ltd., of staff's reluctance to share information dealing with the Streetscaping Master Plan, the Chief Administrative Officer advised that a copy of the final plans were provided as soon as they were made available and that the staff would not provide draft plans to another party. The City Solicitor stated that the City followed the legally required process; he expressed the opinion that Beefeater Niagara Ltd. could have raised the issue of the minor variance application at the Ontario Municipal Board, but chose to settle the matter and, therefore, can be deemed to have accepted the minor variance application; he advised there were no legal requirements to produce plans to a business competitor; referred to comments made with respect to the building of the fountain and stated as this was only a water feature, it did not require a building permit, site plan approval or rezoning and that a survey was being prepared to deal with the encroachment issues. He expressed the opinion that the allegations had been responded to and that there had been no impropriety or breach of any legal process and there had not been any evidence to suggest the contrary. Mr. Toshi Takishita, Solicitor on behalf of Beefeater Niagara Limited, stated Mr. Burland did not oppose the streetscaping plans, in principle, but had been at the April 15 meeting to ensure that the City followed the appropriate planning process. Mr. Takishita claimed that comments by Mr. Burland directed at the City were not meant to infer criticism on City staff; he provided comments with respect to the responses made in Report PD- 2002 -41, dealing with the lack of transparency in the City's public decision process; the Committee of Adjustment decisions; the construction of the water fountain and the provision of streetscaping plans. In response to comments made by Mr. Takishita, the City Solicitor advised that the decision of the OMB had only dealt with the issue of height, rear yard setback and that the OMB approved the "0" lot line and approved the height to go beyond the 35 foot height restriction. The City Solicitor stated that the OMB decision dealt with elevation not the building footprint. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the report be received and filed. The motion Carried with Alderman Feren abstaining from the vote on a conflict of interest previously noted and Aldermen Federow, loannoni and Pietrangelo voting contrary to the motion and with all others voting in favour. F- 2002 -27 Chief Administrative Officer Re: Municipal Accounts. The report recommends that City Council approve the municipal accounts totalling $3,242,196.21 for the period ending April 29, 2002. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. The motion Carried with Aldermen Craitor and Fisher abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By -Law No. 2002 -075 -4- F- 2002 -28 Chief Administrative Officer Re: Development Charges, 2002 Financial Information. The report recommends that City Council receive and file the attached financial statements regarding Development Charges for the 2001 fiscal year. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. F- 2002 -29 Chief Administrative Officer Re: 2001 Reserves and Reserve Funds. The report recommends that the City Council review and approve the 2001 transfers to reserves and reserve funds. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. F- 2002 -30 Chief Administrative Officer Re: 2001 Capital Accounts. The report recommends that the report is for the information of the City Council. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously.\ F- 2002 -31 Chief Administrative Officer Re: Major Receivables Quarterly Report. The report recommends that the report is for the information of the City Council. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. Following some discussion, it was ORDERED on the motion of Alderman Craitor, seconded by Alderman loannoni, that staff investigate the possibility of a different payment dates for the two components of the combined water /hydro bills. The motion Carried with Alderman Puttick voting contrary to the motion and with all others voting in favour. F- 2002 -32 Chief Administrative Officer Re: 2002 Financial Update, First Quarter. The report recommends that the report is for the information of the City Council. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. F- 2002 -33 Chief Administrative Officer Re: Lundy's Lane Battlefield Millennium Project. The report recommends that the report is for the information of the City Council. AND R- 2002 -20 Chief Administrative Officer Re: Alderman Wing /Friends of Lundy's Lane Battlefield Allegations. The report recommends that the report is for the information of the City Council. -AND Communication No. 58 Correspondence from Margaret Mingle, President, Friends of the Lundy's Lane Battlefield. The communication advises that Mrs. Mingle will not be available to address Council until after mid -May and requests that the matter be deferred until that time. AND Communication No. 59 Crawford, Smith and Swallow, Chartered Accounts. The communication provides clarification to the City's request on certain specified expenditures that are recorded in the records of the Municipality as Lundy's Lane Battlefield Project. Following some discussion, on the motion of Alderman Orr, seconded by Alderman loannoni, that the reports be deferred. The motion was Defeated. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that Report Nos. R- 2002 -20 and F- 2002 -33 be read to members of Council. The motion Carried -5- The City Clerk read Report R- 2002 -20 to Council dealing with the allegations that had been expressed by Alderman Wing at the April 8` 2002 Council meeting which included Background information and staffs response to the following allegations: 1) Conducting an Audit of the Friends; 2) Meeting with the Friends; 3) Numerous Untrue Statements; 4) Friends and LACAC Barely Tolerated; 5) Millennium Bureau Authority for the Project; 6) Staff Actions Offensive; and Staffs Conclusions on the matter. The City Clerk also read correspondence attached to the report from the firm of Chapman Murray Associates Architects Inc., in response to enquiries regarding the involvement of LACAC and the Friends of Lundy's Lane Battlefield (FLLB) The City Clerk read Report F- 2002 -33, Lundy's Lane Battlefield Millennium Project which included Background information on the Actual Costs of the Project; Lost Financial Opportunity; referred to the Original Costs and the Actual City Expenses for the project; In conclusion the report stated that the Friends of the Lundy's Lane Battlefield committed to pay the quarterly invoices and to submit claims to the Millennium Bureau for funding; The Friends had paid $53,000.00; had been credited with the International Postal Tournament donation of $6,058.50, and were responsible to pay an outstanding account balance of $197,120.28. In response to questions raised on whether a memberof Council, who has declared a conflict of interest on a matter, can now revisit that matter,1the City Solicitor advised that under Section 5 of the Municipal Conflict of Interest Act, it states that a member of Council who has declared a conflict of interest on a specific matter „cannot in any way influence the voting of the matter, before, during or after the conflict stated. it Following the discussion, it was ORDERED on ttie motion of Alderman Volpatti, seconded by Alderman Puttick, that the City exercise all collection efforts to obtain the outstanding funds. Carried Unanimously. The Director of Parks, Recreation and Culture provided clarification on enquiries regarding the management and control of the project. Following further discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that when partnering with any group, the City establish a Memorandum of Agreement between the parties. Carried Unanimously. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the correspondence be received and filed. Carried Unanimously. Public Meeting CD- 2002 -11- Chief Administrative Officer Re: Reduction of Council Size. The report recommends that the report is for the information and consideration of Council. CD- 2002 -12 Chief Administrative Officer Re: Elimination fo Wards. The report recommends that the report is for the information and consideration of Council. In his opening remarks, His Worship Mayor Thomson advised that the purpose of the public meetings for this evening was for Council to consider reports dealing with the Reduction of Council Size and with the Elimination of Wards and indicated that there were a number of speakers who wished to address these issues. -6- The City Clerk advised that at the Council meeting of January 28, 2002 Council had instructed staff to schedule a public meeting to deal with the reduction of Council size, which was taking place this evening; he provided the background history on the question of the reduction of Council; reviewed the number of councillors in similar sized municipalities; he presented the pros and cons of a smaller Council size and stated that the decision to reduce the size of Council rested with the elected officials. The City Clerk advised that Council had the authority, under the Municipal Act, to divide, redivide or dissolve the existing ward system and stated that Council must hold at least one public meeting to consider the matter and that the matter was being considered at tonight's public meeting; he provided a brief overview of the electoral systems in similar -sized municipalities; presented the pros and cons of at -large and ward systems; and stated the opinion that in order for the Ontario Municipal Board to decide to change a system, that there must be an inequity in that system. Mr. Ron Planche addressed the issues of restructuring, reduction, representation and remuneration; he advised that he was in support of the reduction of Council size. He expressed the opinion that election campaigns would be more costly to run with an at -large system; he proposed a "blended" system which would have possibly three ward representatives and three at -large representatives, who would also sit on Regional Council. Mr. Wayne Gates advised that he was opposed to both motions and expressed the opinion that all areas of the City were presently represented through the ward system; he discussed the motives for the elimination of Aldermen and indicated that there would be no real savings to the taxpayers by reducing the number of Aldermen; he also indicated that Council consider that the residents of Niagara Falls had voted in favour of the ward system. Mr. Mel Grunstein indicated that he was in favour of a ward system and expressed the opinion that a reduction in Council size would entail a huge pay raise for the remaining Aldermen. Mr. David Devine, expressed the view that an at -large system would be a failure; and that reducing the number of Aldermen would mean increased Aldermanic salaries and administrative support costs. He advised that he was in favour of the present ward system. Ms. Bernadette Secco suggested that the Aldermen listen to the speakers and their opinions; hold more public meetings and vote on the issues at a later date; she expressed the opinion that it would be in the best interests of Niagara Falls for the present ward system and the present number of Aldermen remain until 2003. Ms. Secco indicated there was a need for change, but that a plan was needed to implement that change. Mr. Julius Banfai, advised that the citizens of Niagara Falls would like to see a Council that is cooperative and cohesive in their activities and able to balance both the interests of the residents and business. He expressed the view that the ward system does not represent the masses or grass roots of a community; he advised that he resides in one ward and operates a business in another ward, and felt that he should be able to chose from the entire slate of municipal candidates; he stated that residents favoured choosing candidates based on experience, leadership skills, compassion and intelligence not where they happen to reside. It was his opinion that it was time to scrap the ward system. Mr. Don Pierson requested that Council abolish the present ward system and move forward to an at -large system. He stated that an at -large system would permit residents to choose the best candidates to represent Niagara Falls in a unified way; and that an at- large system would change its focus from a parochial system to what is best for all the residents. -7- Mr. Guy Ungaro suggested that Council consider an at -large system, as it would permit a greater number of qualified candidates to present themselves to the voting public; and that the City's needs as a whole, could be considered; he stated that the ward system had been designed during times of poor communication and for the need to bring the unique problems of a neighbourhood to the City's attention. Mr. Felix Pingue expressed doubts about reducing the Council size, as he felt that due to the large number of tourists to Niagara Falls, it was not appropriate to compare Niagara Falls to other municipalities; he indicated that he was in favour of an at -large system and that the ward system should be eliminated. Following the presentations, it was ORDERED on the motion of Alderman Craitor, seconded by Alderman Orr, that other speakers in attendance be permitted to address Council. Carried Unanimously Mr. Frank DeLuca, expressed the opinion that the issue of the reduction of Council should be a separate issue; he stated that Council should have a clear vision for the future that is shared by a majority of citizens and should be clearly communicated in a timely manner. He indicated that there was no public outcry for an at -large system and that the ward system was created by the people for the people; and proposed changes to the existing ward boundaries. Mr. Chad Breaden advised that he was in support of the ward system and stated that in an at -large system, citizens may not have the representation from their ward and that Niagara Falls residents had voted in favour of the ward system. Ms. Lynne Savage advised that she was in favour of the ward system and she was also in favour of keeping the present number of Aldermen. Following the discussion, it was ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that Reports CD- 2002 -11 and CD- 2002 -12 be deferred. Carried BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that leave be granted to introduce the following by -law and the by -law be read a first time: 2002 -074 A by -law to amend By -law No. 2001 -01, being a by -law to provide for appointments to certain Boards, Commissions and Committees. 2002 -075 A by -law to authorize monies for General Purposes (April 29, 2002) 2002 -076 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on April 29, 2002. The motion Carried with Aldermen Craitor and Fisher abstaining from the vote on By -law No. 2002 -075 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Orr, that the following by -laws be now read a second and third time: 2002 -074 A by -law to amend By -law No. 2001 -01, being a by -law to provide for appointments to certain Boards, Commissions and Committees. 2002 -075 A by -law to authorize monies for General Purposes (April 29, 2002) 2002 -076 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on April 29, 2002. The motion Carried with Aldermen Craitor and Fisher abstaining from the vote on By -law No. 2002 -075 on conflicts of interest previously noted and with all others voting in favour. NEW BUSINESS Letter of Condolence ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that a letter of condolence be forwarded to the family of the late Jean Maniece Schram, mother of David Schram. Carried Unanimously. Greater Niagara Circle Trek Alderman Wayne Campbell extended an invitation to the members of Council and the community to participate in the Greater Niagara Circle Trek fundraiser, on May 4, 2002, in order to raise funds for Phase 2 of the Millennium Trail. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, -8- DEAN IORF A, IC;ITY CLERK W NE THOMSON, MAYOR