Loading...
2003/02/10FOURTH MEETING REGULAR COUNCIL Council met on Monday, February 10, 2003 at 6:00 p.m. for the purpose of considering Regular Business matters. All members of Council, were present. Alderman Victor Pietrangelo offered the Opening Prayer. ONE MINUTE OF SILENCE A Minute of Silence was observed in memory of the seven students that lost their lives in the British Columbia avalanche. ADOPTION OF MINUTES Council Chambers February 10, 2003 ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the Minutes of the February 3, 2003 Regular meeting be approved as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman Federow indicated a conflict of interest from the February 3, 2003 Council meeting on Report F- 2003 -06, Cheque Nos. 273308 and 273224 because of his ongoing dispute with the Humane Society. Alderman Feren indicated a pecuniary interest from the Community Services Committee on Report BBS- 2003 -03 because he has a business relationship. Alderman Fisher indicated a pecuniary interest from the Community Services Committee on Report BBS- 2003 -03 because a member of family is employed by Mr. Burland. Alderman Orr indicated a pecuniary interest from the Community Services Committee on Report MW- 2003 -30 because she is employed by the Casino. Alderman Pietrangelo indicated a pecuniary interest on Report PD- 2003 -09, because a member of his family is involved in testamentary devise matters. Mayor Thomson indicated a conflict of interest from the Community Services Committee on Report BBS- 2003 -03. Alderman Wing indicated a pecuniary interest from the Community Services Committee on Report MW- 2003 -31 because she owns property with a Niagara Parks employee. Heart Stroke Foundation of Ontario Greater Niagara Transit Commission -2- DEPUTATIONS February 10.2003 Council Minutes Ms. Judy Ziraldo, Area Manager on behalf of the Heart and Stroke Foundation advised that the month of February was Heart Month and that the Heart and Stroke Foundation would be carrying out their door to door campaign to raise funds for research, education, public awareness programs and to combat heart disease. His Worship Mayor Thomson expressed best wishes for the success of the campaign. Mr. Ted Salci, Chairman, Greater Niagara Transit Commission, presented the Annual 2002 Financial Statements for the Niagara Transit and Niagara Chair -A -Van. He mentioned future routing challenges in the Garner Estates and Glendale Niagara College areas and the Commission's goals for the coming year: continued, good labour relations; to look for other revenue sources and maintain costs while maximizing service. Following the presentation, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the 2002 Financial Statements for the Niagara Transit and Niagara Chair -A -Van be approved. Carried Unanimously. Mr. Bill Haskin, Chair of the Niagara Falls Hydro, introduced Mr. Mark Rodger, Co- Chair, Energy Markets Law Group who provided a brief overview of the major issues dealing with Bill 210: requirements for municipalities; the direct and indirect consequences of failing to pass the resolution; the implications of passing the resolution; the for profit and non -profit analysis; the tax implications in selling the utility; the possible decrease in the utility's value as a result of Bill 210. He recommended that Council affirm the for profit method for Niagara Falls Hydro by passing the resolution as required by Bill 210. Bill 210 The Electricity Pricing. Conservation and Supply Act -AND Resolution NOW THEREFORE BE IT RESOLED THAT: 1. The Council of the Corporation of the City of Niagara Falls affirms that Niagara Falls Hydro Holding Corporation and its wholly -owned subsidiaries Niagara Falls Hydro Inc., an electricity distributor licensed under the Ontario Energy Board Act, 1998 and Niagara Falls Hydro Services Inc., its affiliate should each continue to be incorporated as a corporation under the Business Corporations Act (Ontario) as provided in Subsection 142(1) of the Electricity Act, 1998 and to operate on a for profit basis. 2. The Mayor and Clerk are authorized to prepare and file with the Minister of Energy the necessary certificate required under Section 159.1 of the Electricity Act, 1998 as provided for in the Act. -3- Mr. Wayne Gates expressed the opinion that the hydro board members needed to be accountable, therefore, Council should be the board. He requested information on the appraisal price for the sale of Niagara Falls hydro and who would be the recipient of those monies; he advised that he was in favour of standardizing the utility bills, but that there should be a breakdown of the service charges. He also indicated that he wished to suggest further amendments to the proposed resolution. Mr. Rogers responded to Mr. Gates' concerns with respect to electricity rates and wholesale privatization; he further commented that the proceeds from the sale of the utility would go to the municipality and that it was at Council's discretion whether it wished to become the Hydro Board as of March 1, 2003.. It was suggested that Council convey a message to the Provincial government in the form of a resolution, that although this Council was passing the requested Hydro resolution, it was doing so under protest. Mayor Thomson advised that resolutions had been forwarded in the past, objecting to the privatization of Niagara Falls Hydro. Following the discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the matter be deferred. The motion was Defeated with Aldermen Campbell, Craitor, Feren, Fisher, loannoni, Janvary-Pool, Pietrangelo, and Volpatti voting contrary to the motion and with Aldermen Federow, Orr, Puttick and Wing voting in favour. Following further discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the resolution be approved as presented. The motion Carried with Alderman Puttick voting contrary to the motion and with all others voting in favour. During further discussion, it was ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing, that a resolution be forwarded to the Provincial government requesting that whatever changes are deemed necessary, be made to provide the citizens an opportunity to once again, directly elect their Hydro Board. The motion Carried with Aldermen Campbell, Craitor, Federow, loannoni, Orr, Pietrangelo, Puttick, Volpatti and Wing voting in favour of the motion and with Aldermen Feren, Fisher and Janvary-Pool voting contrary to the motion. Alderman Norm Puttick requested that he be excused as he had a conflict of interest on the following matter. Niagara Falls Minor Hockey Association February 10, 2003 Council Minutes Mr. Joe Brugman expressed concerns with respect to correspondence addressed to him from the Niagara Falls Minor Hockey Association Executive being provided to members of Council; he questioned minor hockey's financial statements dealing with rental equipment and the accumulated surplus; he expressed the view that Council should take the lead and work for the benefit of young people, small business and the community. He was advised that the correspondence to him was provided by Minor Hockey for the information of Council and in response to concerns he raised in public at the Council Meeting of December 9, 2003. -4- Mr. Don DeLorenzo, Solicitor on behalf of Niagara Falls Minor Hockey Association expressed the view that Council was not the proper forum, nor had the jurisdiction, to address minor hockey concerns and suggested that Mr. Brugman be advised to take his complaints to the Minor Hockey Executive. He provided information on the criteria and procedures required to sit on the bench; referred to comments made by Alderman Federow at the January 13` and January 20` 2003 Council meetings; outlined the situation concerning Mr. Shugg and the opportunities for hearings that he had; dealt with the issues of public access and abuse allegations. He requested that Alderman Federow not abuse the privilege of free comment that is granted while speaking in the Council Chambers and advised that Minor Hockey has offered Alderman Federow the opportunity to speak before a video camera to discuss his allegations against minor hockey. In Camera: Alderman loannoni vacated Council Chambers due to illness. February 10, 2003 Council Minutes Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Federow, that Council supports the Niagara Falls Minor Hockey Association; thank them for their thousands of hours of volunteerism and encourage them to continue their work for the children of the community. Carried Unanimously. Following further discussion, it was ORDERED on the motion of Alderman Campbell, seconded by Alderman Wing, that Council supports all the volunteers in our community that are involved in minor sports at all levels. Carried Unanimously. REPORTS 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 February 3, 2003 Community Services Committee Minutes; 2. Report BBS- 2003 -03 Canadian Niagara Hotels, Clifton Hill at Falls Avenue, Sign Variance that the required variances to the Sign By -law No. 6661, be approved; 3. Report MW- 2003 -30 Preparation of Base Plans for The Casino Road Reconstruction that this report be received for information; 4. Report MW- 2003 -31 Falls Avenue Transfer to The Regional Municipality of Niagara that Part 1 on Plan 59R -11573 be transferred to The Regional Municipality of Niagara; 5. Report R- 2003 -09 Proposed Cemetery Fee Charges and Business Plan Update that the recommendations contained in this report be approved; 6. IS- 2003 -01 Acceptable Use for Internet Access and Computer Systems that Council approves Option #2 and #3 as recommended in the report. 1. That staff investigate the possibility of acquiring lands. Carried -5- Alderman Volpatti vacated Chambers. February 10, 2003 Council Minutes PD- 2003 -08 Chief Administrative Officer Re: Walker Bros. Quarries Ltd., Proposed Changes to Licensed Site. The report recommends that the Ministry of Natural Resources be informed that the city has no objections to the proposed licensed site plan changes, subject to the requests outlined in this report. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. PD- 2003 -09 Chief Administrative Officer Re: Site Plan Control By -law for Testamentary Devise Parcels. The report recommends the following: 1. That the site plan control by -law on the Council agenda be passed by Council; 2. That a copy of this report be sent to assessed owners of testamentary devise parcels and those in the surrounding area explaining the procedural framework for developing the parcels. ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Alderman Pietrangelo abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. See By -Law No. 2003 -28 PD- 2003 -10 Chief Administrative Officer Re: Request for Removal of Part Lot Control; 8040/8042 Post Road; Lot22, Registered Plan 59M -78; Owners: Kevin Lisa Mayes. The report recommends the following: 1. That Council approve the request and pass the by -law to designate Lot 22, Registered Plan 59M -78, as exempt from Part Lot Control; 2. That the applicant be required to notify the City when the separate deeds as described in this report have been registered. ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By -law No. 2003 -29 PD- 2003 -14 Chief Administrative Officer Re: Amending Zoning By -law; AM- 32/2000, 5840 Dunn Street; Applicant: Michael Colaneri Tara Colaneri; Proposed 4- storey, 16 unit Apartment Dwelling. The report recommends that Council pass the amending by -law included in tonight's agenda to permit the construction of a 4- storey, 16- unit apartment dwelling on the southwest corner of Dunn Street and Ailanthus Avenue in keeping with the recent Ontario Municipal Board Decision and Order. ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By -law No. 2003 -30 CD- 2003 -02 Chief Administrative Officer Re: Local Architectural Conservation Advisory Committee (LACAC) Revision to Terms of Reference. The report recommends that staff be directed to undertake the revisions to the Terms of Reference for the Local Architectural Conservation Advisory Committee to change the name, remove the reference to City Historian, revise the composition to seven (7) members and, when completed, formalize the Terms of Reference in a by -law to be passed by City Council. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. -6- PD- 2003 -12 Chair, LACAC Re: Matters Arising from the Local Architectural Conservation Advisory Committee (LACAC). The report recommends that Council endorse the three (3) matters arising from the Local Architectural Conservation Advisory Committee (LACAC). ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. PD- 2003 -15 Chief Administrative Officer Re: Proposed Changes to the Ontario Heritage Act through the Government Efficiency Act. The report recommends that this report be received for the information of Council. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. L- 2003 -14 Chief Administrative Officer Re: City of Niagara Falls transfer to The Trustees of Lundy's Lane United Church; Lot 94, Plan 330. The report recommends that Lot 94, Plan 330 be declared surplus and transferred to The Trustees of Lundy's Lane United Church, for the sum of $650.00, which amount was paid to the City in 1956 pursuant to an Agreement. ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. Alderman Volpatti returned to Council Chambers. BY -LAWS February 10, 2003 Council Minutes ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that leave be granted to introduce the following by -laws, and the by -laws be read a first time: 2003 -28 A by -law to amend By -law No. 2001 -103 respecting the classes of development that may be undertaken in the site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or 5 of the Planning Act. (Re: AM- 20/99, testamentary devise parcels) 2003 A by -law to designate Lot 22 on Registered Plan No. 59M -78 not to be subject to part lot control (Re: 8040/8042 Post Road) 2003 -30 A by -law to amend By -law No. 79 -200, to permit the construction of an apartment dwelling on the southwest corner of Dunn Street and Ailanthus Avenue. (Re: AM- 32/2000, Michael Colaneri Tara Colaneri) 2003 -31 A by -law to authorize the execution of a Development Agreement with Eva Fortuna Respecting Fortuna Development. 2003 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 10 of February, 2003. The motion Carried with Alderman Pietrangelo abstaining from the vote on By -law No. 2003 -28 on a conflict of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the following by -laws be now read a second and third time: 2003 -28 A by -law to amend By -law No. 2001 -103 respecting the classes of development that may be undertaken in the site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or 5 of the Planning Act. (Re: AM- 20/99, testamentary devise parcels) 2003 -29 A by -law to designate Lot 22 on Registered Plan No. 59M -78 not to be subject to part lot control (Re: 8040/8042 Post Road) 2003 -30 A by -law to amend By -law No. 79 -200, to permit the construction of an apartment dwelling on the southwest corner of Dunn Street and Ailanthus Avenue. (Re: AM- 32/2000, Michael Colaneri Tara Colaneri) 2003 -31 A by -law to authorize the execution of a Development Agreement with Eva Fortuna Respecting Fortuna Development. 2003 -32 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 10`" of February, 2003. The motion Carried with Alderman Pietrangelo abstaining from the vote on By -law No. 2003 -28 on a conflict of interest previously noted and with all others voting in favour. City Column in the Review Letter of Appreciation -7- NEW BUSINESS February 10, 2003 Council Minutes Tax relief for low- income seniors and low- income persons with disabilities Alderman Janice Wing referred to correspondence from the Ministry of Finance regarding relief from reassessment related tax increases on residential properties owned by persons who are low- income seniors or low- income persons with disabilities. She was advised by the Director of Finance that such relief was not automatic but would be a matter of policy set by the Region. Alderman Paisley Janvary-Pool proposed that a City newspaper column be started, as needed, to better acquaint the citizens of Niagara Falls of the positive developments in the community and to provide clarification on certain discussed topics. She was advised by the City Clerk that this would be a cost to the City. Following the discussion, it was ORDERED on the motion of Alderman Janvary- Pool, seconded by Alderman Feren, that a City column be placed in the Niagara Falls Review. The motion Carried with Aldermen Craitor, Campbell, Feren, Pietrangelo, Janvary- Pool and Mayor Thomson voting in favour and with Aldermen Federow, Fisher, Orr, Volpatti and Wing voting contrary to the motion. Alderman Kim Craitor requested that a letter of appreciation be forwarded to the School Crossing Guards for all their efforts during this harsh winter season. ORDERED on the motion of Alderman Craitor, seconded by Alderman Janvary-Pool, that a letter of appreciation be forwarded to the School Guard Crossing Guards for all their efforts during this harsh winter season. Carried Unanimously. Audio Difficulties -8- February 10.2003 Council Minutes Alderman Ken Feren referred to the audio difficulties experienced due to the noise and the rustling of papers being heard from the microphones on the Aldermen's desks and requested that staff look into the matter. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Orr, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, DE 10 FILIA, C CLERK WAYNE THOMSON, MAYOR