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2003/03/03SIXTH MEETING REGULAR COUNCIL ADOPTION OF MINUTES DISCLOSURES OF PECUNIARY INTEREST Council Chambers March 3, 2003 Council met on Monday, March 3, 2003 at 6:00 p.m. for the purpose of considering Regular Business matters. All members of Council, with the exception of Alderman Feren, were present. Mayor Wayne Thomson offered the Opening Prayer. ORDERED on the motion of Alderman Pieterangelo, seconded by Alderman Craitor, that the Minutes of the February 17, 2003 Planning meeting be approved as printed. Carried Unanimously. Alderman loannoni indicated a conflict of interest from the Corporate Services Committee on Report F- 2003 -09, Cheque No. 273718 because it is made out to a member of her family. Alderman Wing indicated a conflict of interest from the Corporate Services Committee on Report F- 2003 -09, Cheque No. 273603 and from Communication No. 50 regarding the Niagara Falls Illumination Board because she owns property with an employee for the Niagara Parks Commission. Alderman Federow indicated a conflict of interest from the Corporate Services Committee on Report F- 2003 -09, Cheque No. 273973 because he is the recipient and on Cheque Nos. 273380 and 273747 because of his ongoing dispute with the Niagara Falls Humane Society. Alderman Craitor indicated a conflict of interest from the Corporate Services Committee on Report F- 2003 -09, Cheque Nos. 273420, 273618, 273760, 273762, 273933, 273619 because a family member is employed by the Region. Letters of Condolence MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that a letter of condolence be forwarded to the family of the late Frank Branscombe, a well respected businessman in the Community. Carried Unanimously. ORDERED on the motion of Alderman Craitor, seconded by Alderman Janvary-Pool, that a letter of condolence be forwarded to the family of the late Madeline Fiazza, a well respected politician in our City, the Town of Fort Erie and the Regional Municipality of Niagara. Carried Unanimously. Letter of Congratulations Women's Place of South Niagara ORDERED on the motion of Alderman loannoni, seconded by Alderman Fisher, that a letter of condolence be forwarded to the family of the late John Shoveller, former Police Chief and well respected member of our Community. Carried Unanimously. Improvements to Chippawa Firehall Day of Mourning Monument Winter Economic Report 2002 ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that a letter of congratulations be forwarded to the Stamford Skating Club for the wonderful performance and excellent program they ran over the weekend. Carried Unanimously. Alderman loannoni advised Council of the Women's Place of South Niagara's fundraiser and thanked Mayor Thomson for the donation of golf passes for Legends on the Niagara. March 3, 2003 Council Minutes ORDERED on the motion of Alderman Fisher, seconded byAlderman Volpatti, that Council support the payment of the additional cost for the improvements to the Chippawa Firehall as a result of the tender prices that were received which were approximately $75,000 over what was budgeted. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary-Pool, that Council direct staff to work with the local District Labour Council to have the monument relocated to City Hall. Carried Unanimously. ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that a letter of congratulations be forwarded to the Business Development staff for the production of this report as well as the wonderful work they do on a regular basis. Carried Unanimously. Above Beyond Publication by The Review ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Fisher, that a letter of congratulations be sent to the Niagara Falls Review as well as Reudi Hafen for producing this spectacular publication which depicts all areas of the City. Carried Unanimously. Ontario Weight Lifting Championships Canadian Cancer Society -3- PRESENTATIONS Mayor Thomson made a presentation to Jason MacLean, who placed first at the Ontario Weight Lifting Championships at the University of Toronto on February 8, 2003. He also advised Council that Jason will be competing in the Canadian Weight Lifting Championship in May and expressed Council's best wishes. DEPUTATIONS Sara Snyder requested Council's support for the Skylon Stair Climb for Cancer on April 5, 2003 and invited the Mayor and Members of Council to participate. Mayor Thomson suggested that Council participate as a "team" in memory on former Alderman Gary Hendershot. Alderman Federow requested that the City Clerk obtain pledge sheets for the Members of Council as well as have some sheets available at City Hall for the general public to make pledges. Opportunities for Volunteers at the Library Mr. Joe Longo, Chief Librarian, Niagara Falls Public Library, advised Council on the opportunities for volunteers at the Library. -AND Report from the Niagara Falls Public Library Following the presentation, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and filed for the information of Council. Carried Unanimously. COMMUNICATIONS March 3, 2003 Council Minutes Communication No. 48 Niagara Falls Minor Hockey Association Re: Approval to use the rink boards for advertising. The communication requests Council's approval for the use of the rink boards at Stamford Arena for advertisements from local businesses. ORDERED on the motion of Alderman Campbell, seconded by Alderman loannoni that the matter be deferred and that Staff to prepare a policy to address requests of this nature. The motion Carried with Aldermen Orr, Volpatti, Pieterangelo and Fisher voting contrary to the motion and with all others voting in favour. Communication No. 49 Canadian Red Cross, Niagara Area Branches Re: Proclamation. The communication requests that Council proclaim the month of March, 2003 as "Red Cross Month" in Niagara Falls and requested the flying of the Red Cross flag during the month of March. ORDERED on the motion of Alderman Pieterangelo, seconded by Alderman Fisher that the request be supported. Carried Unanimously. Communication No. 50 Niagara Falls Illumination Board Re: Request for Increase in Funding. The communication requested Council's favourable consideration of an increase of fees from $30,550 Canadian to $34,550 Canadian. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pieterangelo, that the request be supported. The motion Carried with Alderman Wing abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. -4- 5. That the Municipal Accounts in the amount of $3,067,268,10 for the period ending February 24 be approved. 6. That the Niagara Youth Network's request for waiving of arena fees be referred to staff. Carried Unanimously. March 3, 2003 Council Minutes Communication No. 51 SMARTRISK Heroes Re: Proclamation. The communication requested that Council proclaim the week of March 17 to March 19 2003 as "Injury Prevention Days" in Niagara Falls. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pieterangelo, that the request be supported. Carried Unanimously. REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the actions taken in Corporate Services Committee, earlier this evening be approved. 1. That the minutes of the December 2, 2002 meeting be adopted as recorded. 2. That a six -month review be undertaken of the 3 -way stop installation at the corner of Mears Crescent Gunning Drive. 3. That the Optimist Club's request for an interest -free loan be referred to staff for a report on the financial impact. 4. Report F- 2003 -08 That Financing Lease Policy No. 700.17 be approved. MW- 2003 -44, Chief Administrative Officer Re: Parking Operating Budget. The report recommends that Council endorse the "2003 Parking Operating Budget ORDERED on the motion of Alderman Craitor, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. PD- 2003 -25, Chief Administrative Officer Re: Request for Removal of part Lot Control; Lots 8 to 12 (inclusive) and 23, Registered Plan 59M -92; Calaguiro Estates (Phase 2); Applicant: Kybala Ventures Inc. The report recommended that Council approve the request and pass the by -law to designate Lots 8 to 12 (inclusive) and 23, Registered Plan 59M -92, as exempt from Part Lot Control; and 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 Volpatti, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By -law No. 2003 -45 Communication No. 52 Correspondence from the Ontario Municipal Board. The correspondence advised that the appeal by Canadian National Railway was withdrawn. ORDERED on the motion of Alderman Campbell, seconded by Alderman Pieterangelo, that the correspondence be received and filed. Carried Unanimously. RATIFICATION OF MUNICIPAL PARKING TRAFFIC COMMITTEE ACTIONS ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the actions taken in Municipal Parking Traffic Committee from the February 18, 2003 meeting be approved. 1. MW- 2003 -43, Municipal Parking Traffic Committee Recommendations February 18, 2003 meeting. The report recommends that Council endorse the actions of the February 18, 2003 meeting of the Parking Traffic Committee. 1) By -law 89 -2000 Updates It is recommended that the updates to By -law 89 -2000 appearing later on tonight's agenda be approved. 2) MW- 2003 -03 Temperance Avenue Parking Review It is recommended that the existing parking restriction on the east side of Temperance Avenue at North Street be extended 15 metres southerly. 3) MW- 2003 -23 Dyson Avenue Parking Review It is recommended that: -5- March 3. 2003 Council Minutes 1. parking be restricted at all times on the east side of Dyson Avenue from Ferguson Street to a point 60 metres south of Ferguson Street; and, 2. corner "no parking" restrictions be implemented on both sides of Ferguson Street from Dyson Avenue to a point 20 metres west of Dyson Avenue. Carried Unanimously. See By -law No. 2003 -44 RATIFICATION OF ENVIRONMENTAL PLANNING GREENING COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the actions taken in Environmental Planning Greening Committee from the February 19, 2003 meeting be approved. -6- R- 2003 -12, Actions Stemming from EP G Meeting of February 19, 2003. The reports recommends that Council endorse the actions of the February 19, 2003 meeting of the Environmental Planning Greening Committee. 1. That the City of Niagara Falls participate in the Communities in Bloom Program and that the Committee be granted a budget of $1,000. 2. R- 2003 -11 Earth Day, Arbour Day, Operation Clean Sweep and Environment Week That the report be endorsed. 3. PD- 2003 -20 Woodlot Cutting That the Committee develop policies and guidelines for woodlot protection and that they provide input to staff and ouncil on significant woodlot issues related to specific developments. 4. That the City enter into a lease and cost sharing program with the property owners for the development and maintenance of the Five Corners Beautification Development. CONSENT AGENDA March 3. 2003 Council Minutes Carried Unanimously. ORDERED on the motion of Alderman Pieterangelo, seconded by Alderman Puttick, to approve the recommendations contained in the reports of the Consent Agenda. 1. MW- 2003 -38 Static Sewer Software Purchase. The report recommends that the City of Niagara Falls enter into a Consulting Services Agreement for the development of a city-wide static sewer software with Earthtech Canada Limited, for the upset limit of $45,900, as per the attached proposal. It is also recommended that City staff purchase one copy of H2O Map Sewer at a cost of $13,700. 2. MW- 2003 -41 Appointment of Consulting Engineer to Design The Murray Street Retaining Wall. The report recommends that the City of Niagara Falls enter into a consulting service agreement with Ellis Engineering Inc. for the design work of the Murray Street Retaining Wall for an upset limit of $36,480. 3. MW- 2003 -42 Flow Monitor Purchase. The report recommends that the City of Niagara Falls purchase four in -sewer flow meters at a total cost of $41,878.40 from Can Am Instruments Ltd of Oakville. 4. R- 2003 -13, Community Centre Memorandum of Agreement. The report recommends that the City enter into a Memorandum of Understanding with its partners, the YMCA of Niagara and the Niagara Falls Public Library in the Niagara Falls Community Centre project. 5. CD- 2003 -05 Services for the Disabled. The report recommends that the information be received and filed by Council. 6. CD- 2003 -06, Special Occasion Permit. The report recommends that Council indicate it has no objection to the issuance of a Special Occasion Permit to the Mike Tychynski Memorial Hockey Tournament. 7. L- 2003 -17 Establish as a Public Highway; Part 3 on 59R- 11976; As part of Garner Road. The report recommends that a road widening, being Part 3 on Reference Plan 59R -11976 be established as a public highway, to be known as Garner Road. See By -law No. 2003 -42 8. L- 2003 -18 Release of Agreement; Lot 5 on 59M -257 and Lot 56 on 59M -274. The report recommends that Council authorize execution of an Application to Amend the Register and documents necessary for the purchase of releasing and terminating an Agreement made between Leonard V. Routledge, Owner, The Corporation of the City of Niagara Falls, City, and Herbert E. Davies, Leon Corr, Robert Thiessen and W.A. Wurster, Purchasers, for lands known as Lot 5 on 59M -257 and Lot 56 on 59M -274 located east of Kalar Road and north of Beaverdams Road. Alderman Volpatti left the Council Meeting. -7- BY -LAWS March 3, 2003 Council Minutes 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: 2003 -42 A by -law to establish Part 3 on Reference Plan 59R -11976 as a public highway, to be known as and to form part of Garner Road. 2003 -43 A by -law to authorize the execution of an Extension of Licence Agreement with 820872 Ontario Limited. 2003 -44 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Limited Parking, Stopping Prohibited) 2003 -45 A by -law to designate Lots 8,9,10,11, 12 and 23 on Registered Plan No. 59M -92 not to be subject to part lot control. (Re: Calaguiro Estates, Phase II) 2003 -46 A by -law to amend By -law No. 79 -200, to permit the development of a golf course on lands fronting onto Marineland Parkway. (Re: AM- 01/2003) 2003 -47 A y -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. (Re: Miller Road Estates (North) draft plan of subdivision (Revised) and AM- 17/2000) 2003 -48 A by -law to amend By -law No. 395, 1966, as amended. (Re: miller Road Estates (North) draft plan of subdivision (Revised) and AM- 17/2000) 2003 -49 A by -law to authorize monies for General Purposes. 2003 -50 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 3 day of March, 2003. The motion Carried with Alderman Federow declaring a conflict to By -law Nos. 2003 -47 and 2003 -48 because he lives in the general area and with Aldermen loannoni, Wing, Federow and Craitor abstaining from the vote on By -law No. 2003 -49 on conflicts of interest as previously noted and with all others voting in favour.. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pieterangelo, that the following by -laws be now read a second and third time: 2003 -42 A by -law to establish Part 3 on Reference Plan 59R -11976 as a public highway, to be known as and to form part of Garner Road. -8- March 3, 2003 Council Minutes 2003 -43 A by -law to authorize the execution of an Extension of Licence Agreement with 820872 Ontario Limited. 2003 -44 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Limited Parking, Stopping Prohibited) 2003 -45 A by -law to designate Lots 8,9,10,11, 12 and 23 on Registered Plan No. 59M -92 not to be subject to part lot control. (Re: Calaguiro Estates, Phase II) 2003 -46 A by -law to amend By -law No. 79 -200, to permit the development of a golf course on lands fronting onto Marineland Parkway. (Re: AM- 01/2003) 2003 -47 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. (Re: Miller Road Estates (North) draft plan of subdivision (Revised) and AM- 17/2000) 2003 -48 A by -law to amend By -law No. 395, 1966, as amended. (Re: Miller Road Estates (North) draft plan of subdivision (Revised) and AM- 17/2000) 2003 -49 A by -law to authorize monies for General Purposes. 2003 -50 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 3` day of March, 2003. The motion Carried with Alderman Federow abstaining from the vote on By -law Nos. 2003 -47 an 2003 -48 on a conflict of interest previously noted and with Aldermen loannoni, Wing, Federow and Craitor abstaining from the vote on By -law No. 2003 -49 on conflicts of interest as previously noted and with all others voting in favour. 2003 Water Rates Federal Budget NEW BUSINESS Alderman loannoni referred to the advertisement that was in the Niagara Falls Review reporting the increase in water charges and indicated the calculations were incorrect. The Director of Finance advised Council that Staff realized a mistake was made and confirmed that the ad would be corrected. Alderman loannoni requested clarification on why the rate charged by the region for water was increased by the City. The Director of Municipal Works explained that the charge from the Region is for water only and the City incurs additional costs for infrastructure (labour, maintenance, infiltration, water loss and capital improvements) which the City must pass on to the consumer. Alderman loannoni referred to newspaper articles and expressed her disappointment over the absence of funding for municipalities in the recently announced Federal Budget. Letter of Congratulations ORDERED on the motion of Alderman loannoni, seconded by Alderman Fisher, that a letter of congratulations be forwarded to Alderman Craitor for successfully winning the Liberal nomination and also that a letter of congratulations be forwarded to Alderman Volpatti for the hard fought campaign she ran. Carried Unanimously. March Break ORDERED on the motion of Alderman Fisher, seconded by Alderman Pieterangelo, that a letter of congratulations be forwarded to Vito Scaringi for the excellent job on the March Break Program scheduled for Niagara Square. Carried Unanimously. Stanley Avenue Bridge Construction Alderman Pieterangelo inquired whether a notice would be placed in the newspaper outlining the construction time line. The Director of Municipal Works advised that the construction will take 6 to 8 months to complete and he will put a notice in newspaper. Alderman Campbell requested that the Director of Municipal Works send a letter to the schools in the area advising tem of the construction and ask that they encourage the students not to cross the highway. "Contribution" Cheques Alderman Puttick requested a report that explains the particulars listed as "contributions" under Money By -law 2003 -10. ORDERED on the motion of Alderman Orr, seconded by Alderman Puttick, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, -9- March 3, 2003 Council Minutes DEAN I@RFIDA, CITY CLERK WAYNE THOMSON, MAYOR