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2002/10/07Council met on Monday, October 7, 2002 at 5:00 p.m. in Committee -of -the Whole. All members of Council, with the exception of Alderman Craitor, were present. Alderman Shirley Fisher presided as Chairman. Following consideration of the items presented, the Committee -of- the -Whole rose to report in open session. READ AND ADOPTED, AAA NINETEENTH MEETING COMMITTEE -OF- THE -WHOLE REGULAR MEETING ADOPTION OF MINUTES Committee Room #2 October 7, 2002 DEAN IORF A, CITY CLERK WAYNE THOMSON, MA Alderman loannoni declared a conflict of interest due to an ongoing grievance. R Council Chambers October 7, 2002 Council met on Monday, October 7, 2002 at 6:00 p.m. for the purpose of considering Regular Business matters. All members of Council, with the exception of Alderman Craitor, were present. Alderman Selina Volpatti offered the Opening Prayer. Prior to dealing with further items on the Agenda, discussion ensued with respect to the water sampling issue and of allegations made with respect to a violation to the Freedom of Information Protections Privacy Act, during the Council meeting of September 16, 2002. In response to questions raised, the Chief Administrative Officer advised that this was an inappropriate forum to discuss the allegations and that once all the data had been obtained, staff would respond to the matter. In response to questions raised, the Chief Administrative Officer provided clarification on the motions dealing with the City maintaining ownership of the Jolley Cut and he further provided clarification on the recording of specific actions from Committee -of- the -Whole matters. -2- During the discussion, on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, that the visualization presentation be provided to Council on October21, 2002. The motion was Lost. with Alderman Wing abstaining from the vote because she owns property in common with a Niagara Parks employee. Following the discussion, it was suggested that a time could be set up for any interested Aldermen wishing to view the visualization presentation. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the Minutes of the Planning /Regular Meeting of September 16, 2002 be approved as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman Wayne Campbell indicated a pecuniary interest on Report F- 2002 -57, Cheque No. M93373, because he is the recipient; and on Cheque No. 270445 and on correspondence received in Council's Handout Package, because the District School Board of Niagara is his employer. Alderman Art Federow indicated a pecuniary interest on Report F- 2002 -57, Cheque No. 270467 because a member of his family is employed by the Niagara Catholic District School Board; and indicated a pecuniary interest on Cheque No. 270251 and 270443, Niagara Falls Humane Society, because of an incident in his barn Alderman Ken Feren indicated a pecuniary interest on Report F- 2002 -57, Cheque No. 270544 because the recipient is his company. Alderman Victor Pietrangelo indicated a pecuniary interest on Report F- 2002 -57, Cheque No. 270467, because the Niagara Catholic District School Board is his employer. Alderman Selina Volpatti indicated a pecuniary interest on Report F- 2002 -57, Cheque No. 270284 because she is the recipient. Alderman Janice Wing indicated pecuniary interests from Community Services Committee dealing with the Possibility Program for Youth, because she is employed by Brock University and on the water meters issue, because she is financially tied to an affected family. Bishop Don Mullen, St. Luke's Church introduced Father Dave Beaman, the new Executive Director of Holy Family Boys Home and Assistant Priest at St. Luke and St. Francis Churches. Bishop Mullen, on behalf of the Monarchist Order of Canada, presented the Queen's Golden Jubilee Flag to the City to be flown for the remainder of the year. 2002 Summer Trillium Awards PRESENTATIONS His Worship Mayor Thomson and Ms. Pearl Bacon, a Committee member presented the 2002 Summer Trillium Awards to the following: Residential Category First Place: Larry Shirley Maraldo Second Place: Bill Wilma Selman Third Place: John Sharlene Seidl First Place: Second Place: Third Place: First Place: Award of Merit: Fire Prevention Week -3- Awards of Merit Residential Category Ray Rita Woodhead Linda Orlando; Mr. Mrs. P. Cody; Dave Edie Mullen and Ms. Irene Bodorkos Commercial Institutional /Industrial /Multiple Dwelling Complexes: Patterson Funeral Home Ruth Nieuwesteeg Happy Wanderer Restaurant Hilde Mercnik Souvenir City Headquarters Harold Mancini Awards of Merit Commercial /Institutional /Multiple Residential Dwellings St. Stephen's ;Anglican Church Harold Barnes Planet Hollywood Dino Sherry DiCienzo Burger King Charlie Han Best Neighbourhood Residential Thomas Diane Thomson Willoughby Manor Barry Irene Beaton Pat Woodruff Fred Maureen Cade John Gruyich Allan Saks Gary Mercnik Dino Sherry DiCienzo George Carmela Bandi Joseph Teresa Maggiolo G. Spironello Robert Beth Prest DEPUTATIONS Fire Chief Patrick Burke introduced John Laur, Director of Fire Prevention and Jim Jessop, Fire Prevention Officer who provided information on the upcoming events and activities during Fire Prevention Week and invited the community to participate. Inspector Jessop introduced New York Firefighter, Eugene McCarey from Ladder 36, FDNY to members of Council and requested that Council proclaim the week of October 6 to October 12', 2002 as "Fire Prevention Week Following the presentation, it was ORDERED on the motion of Alderman loannoni, seconded by Alderman Janvary-Pool, that the week of October 6 to October 12 2002 be proclaimed as "Fire Prevention Week Carried Unanimously. Consultant's Reports Dealing with Live Adult Entertainment Parlours; Body -Rub Parlours and Adult Stores. -AND Correspondence from Correspondence from Correspondence from Correspondence from Correspondence from Correspondence from Correspondence from Correspondence from -4- Public Meeting Skip Eskildsen, Lilly 'n' Lace Lingerie the Downtown Niagara Falls Board of Management the Stanley Avenue Business Park Association the Chamber of Commerce of Niagara Falls Regional Niagara, Planning and Development Department Marine Clean Limited Ground Aerial Maintenance Services Ltd. Factor Forms Niagara Ltd. AND Report L- 2002 -60 Chief Administrative Officer Re: Adult Businesses By -Law. His Worship Mayor Thomson declared the Public Meeting open and the City Clerk advised that Notices of the Public Meeting had been given by advertising in the Niagara Falls Review on September 7, 2002 and by Prepaid First Class mail on September 6, 2002. His Worship Mayor Thomson indicated that prior to the Council meeting, it had been suggested that the matter be deferred in order that the by -laws be finalized and also to provide an opportunity for discussion with interested industrial owners. He received a positive response to his request for a show of hands by persons present who were interested in the report. The City Solicitor advised that the Official Plan Amendment and the Zoning By -Law could be deferred in order to provide an opportunity for interested industrial owners to meet with the Consultant and the City Solicitor. Mr. Joseph Irving, Solicitor, on behalf of the Adult Entertainment Association of Canada, advised that the Association and the four Adult Entertainment Parlours that were currently in existence in Niagara Falls would endorse the by -law with the recommended changes that he put forward to the City Solicitor. Ms. Nadine Karachi, was in attendance on behalf of her mother who resides on the corner of McLeod Road and Oakwood Drive and expressed the concern that since their home and business, Niagara Protective Coatings, were located in an industrial zone, an adult entertainment parlour could open beside them. The City Solicitor referred to the issue of sensitive zones and sensitive uses and advised that if they were residing in an industrial area, they would be affected by the proposed by -law. Mr. David Crowe expressed the opinion that there were two issues to be addressed licencing and regulation. Mr. Dave Allan, Stanley Avenue Business Park Association, advised that the Association was in agreement to meet with the City Solicitor and the Consultant to express their concerns. Federal Boundaries -5- Mr. Skip Eskildsen, Lilly "n" Lace Lingerie, enquired what matters were being deferred and he was advised by the City Solicitor that the Official Plan Amendment, the zoning by -law as well as the proposed licensing by -law were being deferred to the November4 2002 Council meeting, in order to obtain feedback from the industrial owners. Since no further comments were forthcoming, His Worship Mayor Thomson declared the meeting closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that the matter be deferred to the November 4, 2002 Council meeting in order that the Consultants meet with the industrial owners to discuss the zoning and licencing by -law. Carried Unanimously. Mayor's Reports, Announcements, Remarks City Crest His Worship Mayor Thomson advised that information had been incorrectly provided indicating that renowned sculptor, the late Helen Robertson, had been responsible for designing the City Crest and stated that he had been advised by Mrs. Linda McNaughton that her father, Mr. C. H. Williams had been responsible for designing the City Crest. His Worship Mayor Thomson discussed the issue of Federal Boundaries and the Federal or Provincial representation in the Niagara Region. He requested that any comments on reducing or increasing the Federal or the Provincial Legislative representation in the Niagara Region be provided to the City Clerk who would forward them to the Region; he advised that the deadline for submissions was October 12 2002. Following some discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that staff request the Minister of Municipal Affairs of the feasibility that the City of Niagara Falls hold the 2003 Municipal elections with 8 elected members and the top 3 candidates sit on the Regional Council; and further, that a report be brought back on the matter. The motion Carried with Aldermen Federow, loannoni, Orr and Wing voting contrary to the motion and with all others voting in favour. Following further discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the City of Niagara Falls supports the abolition of Regional Council and that it be replaced with a Utility Services Board to govern the services that are provided at a Regional level. Carried. ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Fisher, that a report be brought back to Council regarding the issue of having a Utility Board. Carried. Congratulations His Worship Mayor Thomson extended congratulations and best wishes to Alderman Victor Pietrangelo and his wife Anita on the birth of their son. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that a letter of congratulations be forwarded to Alderman Victor Pietrangelo and his wife Anita on the birth of their son. Carried Unanimously. Annual Subsidy -6- His Worship Mayor Thomson advised that concerns had been expressed by individuals that were on fixed incomes and experiencing difficulties in paying their water bills; he referred to an annual subsidy that could be provided to seniors or residents who were on fixed incomes and suggested that this matter be referred to budget discussions. Carried Unanimously. COMMUNICATIONS Communication No. 161 Lupus Foundation of Ontario Re: Proclamation The communication requests that Council proclaim the month of October as "Lupus Awareness Month ORDERED on the motion of Alderman Volpatti, seconded by Alderman Puttick, that the request be approved. Carried Unanimously. Communication No. 162 Minister of Citizenship and Immigration Re: Proclamation. The communication requests that Council proclaim the week of October 14 -20, 2002 as "Canada's Citizenship Week ORDERED on the motion of Alderman Volpatti, seconded by Alderman Puttick, that the request be approved. Carried Unanimously. Communication No. 163 Niagara Falls Public Library Re: Proclamation. The communication requests that Council proclaim the week of October 21 -27, 2002 as "Ontario Public Library Week ORDERED on the motion of Alderman Volpatti, seconded by Alderman Puttick, that the request be approved. Carried Unanimously. Communication No. 164 Sunshine Dreams for Kids Re: Proclamation. The communication requests that Council proclaim the week of October 21- October 27, 2002 as "Talk Sunshine Week ORDERED on the motion of Alderman Volpatti, seconded by Alderman Puttick, that the request be approved. Carried Unanimously. Communication No. 165 The Optimist Club of Niagara Falls Re: Proclamation. The communication requests that Council proclaim the week of November 3 November 10, 2002 as "Youth Appreciation Week" in Niagara Falls. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Puttick, that the request be approved. Carried Unanimously. Communication No. 166a) Correspondence from Alderman Janice Wing Re: Changes to Federal Electoral Boundaries AND Communication No. 166b) Correspondence from Regional Niagara, Office of the Regional Clerk. -AND RESOLUTION NO. 22 -WING JANVARY -POOL That Niagara Falls City Council urges the Federal Electoral Boundaries Commission of Ontario to consider maintaining the most recent electoral ridings. The motion Carried with Alderman Puttick voting contrary to the motion and with all others voting in favour. MW- 2002 -127 Chief Administrative Officer Re: Contract 2002 117 -02; 2002 New Sidewalk Construction. The report recommends that the unit prices submitted by the low tenderer, Alfidome Construction Ltd., be accepted. REPORTS -7- ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. MW- 2002 -128 Chief Administrative Officer Re: Contract 2002 123 -02; Ash Street Storm Sewer Construction from Franklin Avenue to Drummond Road. The report recommends that the unit prices submitted by the low tenderer, Alfred Beam Excavating Ltd., be accepted. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. MW- 2002 -129 Chief Administrative Officer Re: Appointment of Consulting Engineer for the Design of the Murray Hill Pedestrian Bridge. The report recommends that the City of Niagara Falls enters into a consulting services agreement with Totten Sims Hubicki Associates for the design of the pedestrian bridge over Murray Street, subject to funding being provided by the Skylon Tower and Falls Management Company. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. MW- 2002 -130 Chief Administrative Officer Re: Ontarians with Disabilities Act; Amendments to By -laws and Set Fine. The report recommends the following: 1. That the set fine for persons with disabilities, as legislated in the Ontarians with Disabilities Act, be increased to $300.00; 2. That Schedule "b" of By -Law No. 94 -262, be amended, to include a tab stating $300.00 Fine 3. That owners /operators required to provide disabled parking spaces be required to display the new fine tab within three months of the set fine being approved by the Attorney General; 4. That staff conducts an "awareness campaign" through the newspaper and other advertising mediums informing the public of the increase in the fines for disabled parking spaces and the new requirements under the by -law; 5. That staff continues to sell the disabled parking signs and the new tabs at cost to the public; 6. That Council amends By -Law No. 94 -262 to ensure that off street designated parking spaces on municipal or private property for persons with disabilities have a minimum width of 3.9 metres. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. See By -law No. 2002 -175 PD- 2002 -95 Chief Administrative Officer Re: Appeal of Council's refusal to Adopt the Requested Official Plan Amendment; AM- 32/2000, 5840 Dunn Street; Michael Colaneri Tara Colaneri. The report recommends that Council reaffirm, by resolution, the refusal to adopt the requested Official Plan Amendment, which would facilitate the construction of a 5- storey, 27 -unit apartment building at 5840 Dunn street. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. See Resolution No. 23 -8- RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the actions taken in Community Services Committee, earlier this evening, be approved: 1. Adoption of the September 16, 2002 Community Services Committee Minutes; 2. Possibility Program for Youth that the program be referred to the 2003 budget discussions; 3. R- 2002 -53 Phase 2 of the Millennium Trail on the East Side of the Ontario Power Canal that the Trails Bikeway Committee host a public meeting with the residents of Redhaven Ronnie Crescent whose properties back onto the Power Canal; 4. R- 2002 -50 Proposal for a Community Health Wellness Program that a Health Wellness Co- ordinator be retained on a contract, that Council endorses the partnership with Heart Niagara, the YMCA and Track Niagara. Further, that a report be prepared to update Council on the Health Wellness Program and that staff look into providing a program to pay for Smoking Cessation Drugs; 5. R- 2002 -52 International Boxing Match that the report be received for the information of Council; 6. F- 2002 -57 Municipal Accounts that the Municipal Accounts totalling $15,729,540.56 for the period ending October 7, 2002 be approved; That the cost of $20,000 for a water connection to the City's welcome sign on the Q.E.W. be referred to Capital Budget; That the Oakwood Park Turning Circle be referred to the Capital Budget; That staff prepare a report on requiring homes with galvanized services change their plumbing to allow for the installation of water meters; That staff prepare a report on additional by -law enforcement officers for evenings and weekends; That staff prepare a report on the construction of a sidewalk/pathway from Marineland to Chippawa on Portage Road; New Business That Council concur that Alderman Carolynn loannoni attend the Federation of Canadian Municipalities Conference. RESOLUTIONS NO. 22 WHEREAS after each census, Federal legislation requires that representation assigned to each province in the House of Commons be adjusted; and WHEREAS Ontario is currently allocated 106 seats in the House of Commons; and WHEREAS the Federal Electoral Boundaries Commission of Ontario is proposing an adjustment to the electoral boundaries which would decrease representation in Niagara from five (5) members to four (4); -9- and WHEREAS a new, proposed electoral boundary would combine Niagara Falls and Fort Erie into one riding; and WHEREAS the Provincial Representation Act, 1996 stipulates that Provincial electoral boundaries will be identical to Federal ones; and WHEREAS the Federal Electoral Boundaries Commission does have the discretion to deviate from its' numerical formula to reflect historical patterns of electoral districts, amongst other criteria. THEREFORE BE IT RESOLVED that Niagara Falls City Council opposes the reduction of ridings in the Niagara Region from five (5) to four (4); and FURTHER BE IT RESOLVED that Niagara Falls City Council urges the Federal Electoral Boundaries Commission of Ontario to consider maintaining the most recent electoral ridings. AND The Seal of the Corporation be hereto affixed. The motion Carried with Alderman Puttick voting contrary to the motion and with all others voting in favour. NO. 23 FEREN- PIETRANGELO BE IT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls reaffirms its refusal to adopt the requested amendment to the Official Plan to permit the construction of a 5- storey, 27 unit apartment building on the land located at 5840 Dunn Street. AND The Seal of the Corporation be hereto affixed. RATIFICATION OF COMMITTEE -OF- THE -WHOLE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the actions taken in Committee -of- the Whole, earlier this evening be approved: Lawsuit between Peninsula Maintenance and the City of Niagara Falls that the. City authorize the written offer to Peninsula Maintenance of dismissing this action without costs; That the strip of land behind the Stamford Lions Club on Portage Road be transferred for nominal consideration from the City to the Stamford Lions Club and further that the City have the right to revert the property back to the City should the Stamford Lions Club cease or the lands be disposed of. 2002 -174 2002 -175 BY -LAWS Carried Unanimously. 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 -171 A by -law to amend By -law No. 2002 -151, being a by -law to amend By -law No. 79 -200, as amended. 2002 -172 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 29/2002, 4779 Zimmerman Ave.) 2002 -173 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 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, Stop Signs at Intersections, Through Highways) A by -law to amend By -law No. 94 -262, being a by -law to provide designated parking spaces reserved for the sole use of vehicles operated by or carrying disabled persons (Minimum width of parking spaces signs) -10- 2002 -176 A by -law to authorize the execution of a Subdivision Agreement with Rodilio Recine and Rita Recine respecting the Recine Court Subdivision. 2002 -177 A by -law to authorize monies for General Purposes (October 7, 2002) 2002 -178 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 7 day of October, 2002. The motion Carried with Aldermen Campbell, Feren, Federow, Pietrangelo, Volpatti and Wing abstaining from the vote on By -law No. 2002 -177 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the following by -laws be now read a second and third time: 2002 -171 A by -law to amend By -law No. 2002 -151, being a by -law to amend By -law No. 79 -200, as amended. 2002 -172 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 29/2002, 4779 Zimmerman Ave.) 2002 -173 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2002 -174 2002 -175 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, Stop Signs at Intersections, Through Highways) A by -law to amend By -law No. 94 -262, being a by -law to provide designated parking spaces reserved for the sole use of vehicles operated by or carrying disabled persons (Minimum width of parking spaces signs) 2002 -176 A by -law to authorize the execution of a Subdivision Agreement with Rodilio Recine and Rita Recine respecting the Recine Court Subdivision. 2002 -177 A by -law to authorize monies for General Purposes (October 7, 2002) 2002 -178 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 7 day of October, 2002. The motion Carried with Aldermen Campbell, Feren, Federow, Pietrangelo, Volpatti and Wing abstaining from the vote on By -law No. 2002 -177 on conflicts of interest previously noted and with all others voting in favour. Santa Claus Parade NEW BUSINESS Alderman Shirley Fisher provided an update on the upcoming Santa Claus Parade to be held on November 23, 2002. Heart Niagara Alderman Ken Feren informed that Heart Niagara would be holding its 25 Anniversary Celebration at the Canadian Niagara Hotels on November 2, 2002, and would be recognizing Dr. Stafford Dobbin; His Worship Mayor Thomson; Dr. Munkley and Mr. John Cunnane for their contributions to the community and advised that a table of 8 would cost $1,000.00. Inter- Municipal Transit Alderman Norm Puttick referred to the Region setting up an inter- municipal transportation system for the physically challenged. He was advised by Mayor Thomson that a Regional Transportation Committee had been set up and they were attempting to determine whether there was a political will to have an inter municipal transit system and advised that this matter would be coming back to Council. Niagara Falls Hydro Board Alderman Carolynn loannoni commented on a recent article in the Niagara Falls Review entitled "Alderman Puttick urging the City to take over the Hydro Board" and to Letters to the Editor. Following the discussion, it was ORDERED on the motion of Alderman loannoni, seconded by Alderman Janvary-Pool, that Council reaffirms its support of the existing Hydro Board. The motion Carried, with Alderman Puttick voting contrary to the motion. His Worship Mayor Thomson advised that the hydro issue would be addressed on his Wednesday evening, October 9, 2002 television program on Cable 10. Alderman Janice Wing commented that Peter Kormos presently had a Private Member's Bill before the House for the direct election of local Hydro Board representatives. AMO Conference Alderman Janice Wing requested further information on the City's policy with respect to paying for spouses of Aldermen who attended the recent AMO Conference. The Director of Finance and the City Clerk provided clarification on the matter. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, DEAN IORI IDA, CITY CLERK WAYNE THOMSON, MAYOR