The "NINTH MEETING" (REGULAR) of the Port Colborne City

The "NINTH MEETING" (REGULAR) of the Port Colborne City Council was held at
the Municipal Offices, 66 Charlotte Street, Port Colborne on Monday, March 11, 2013
commencing at approximately 7:25p.m.
ATTENDANCE
Deputy Mayor David Elliott presided with the following members in attendance:
COUNCILLORS
A. Desmarais
F. Danch
R. Bodner
W. Steele
Y. Doucet
B. Kenny
B. Butters
Absent: V. Badawey (due to a personal matter), B. Kenny (due to vacation)
STAFF:
R. Heil, Chief Administrative Officer
A. Grigg, City Clerk
L. Merritt, Chief Building Official
R. Hanson, Director of Engineering & Operations
P. Senese, Director of Community & Corporate Services
H. Hakim, Manager of Community Services
D. D'lnnocenzo, Recording Clerk
Also in attendance were interested citizens, members of the news media and
Cogeco TV.
CALL MEETING TO ORDER- DEPUTY MAYOR DAVID ELLIOTT
1.
INTRODUCTION OF ADDENDUM ITEMS
Addition:
Correspondence from Josephine Davies dated March 7, 2013 in support of the
application for the heritage designation of the Abraham Ramey Homestead in
relation to item 1, Department of Planning & Development, Report No. 2013-11,
Subject: Request for Heritage Designation for Property Located at 352 Chippawa
Road, under the Ontario Heritage Act.
Addition:
Addition of item 13, Community and Corporate Services, Community Services
Division Report 2013-6: Subject Municipal Infrastructure Investment Initiative Funding for Asset Management Plan.
Addition:
Addition of By-law 5929/35/13, Being a By-law to Authorize Entering into an
Agreement Between Her Majesty The Queen in Right of Ontario as Represented
by the Minister of Agriculture, Food and Rural Affairs and the Corporation of The
City Of Port Colborne Re the Municipal Infrastructure Investment Initiative
Funding for Asset Management Plan
2.
CONFIRMATION OF THE AGENDA
No. 54
Moved by Councillor F. Danch
Seconded by Councillor Y. Doucet
That the Agenda dated March 11 , 2013 be confirmed as circulated.
CARRIED.
Minutes, Ninth Meeting (Regular) of Council, March 11, 2013
3.
Page 2 of8
DISCLOSURES OF INTEREST
Deputy Mayor Elliott declared an indirect pecuniary interest with regard to closed
session item (c), Confidential Memorandum from the Director of Planning and
Development dated March 1, 2013, concerning the potential sale of City owned
land and item (d), Confidential Economic Development, Tourism and Marketing
Report 2013-2, concerning the potential sale of City owned land, as he is
employed by Royal LePage, which had business associated with the subject
property. Deputy Mayor Elliott left the closed session portion of the meeting prior
to the consideration of these items (7:40 p.m.). Councillor Desmarais assumed
the Chair during consideration of these items.
4.
ADOPTION OF MINUTES
(a)
Minutes of the Sixth Meeting (Special) of Council of February 12th,
2013
Minutes of the Seventh Meeting (Regular) of Council of February
25th, 2013
(b)
No. 55
Moved by Councillor R. Bodner
Seconded by Councillor W. Steele
That the Minutes of the Sixth Meeting (Special) of Council of February 12th, be
adopted as circulated;
That the Minutes of the Seventh Meeting (Regular) of Council of February 25th,
2013 be adopted as circulated.
CARRIED.
5.
DETERMINATION
DISCUSSION
OF
COUNCIL
ITEMS
REQUIRING
SEPARATE
The following items were identified for separate discussion:
Nil.
6.
ADOPTION OF COUNCIL ITEMS NOT REQUIRING SEPARATE DISCUSSION
No. 56
Moved by Councillor W. Steele
Seconded by Councillor A Desmarais
That Items 1 to 12 on the regular agenda be approved, as amended at the
Committee of the Whole Meeting of March 11, 2013 with the exception of items
that have been deferred, deleted or listed for separate discussion, and the
recommendations contained therein adopted.
ITEMS:
1. Department of Community & Corporate Services, Clerk's Division,
Report No. 2013-4, Subject: Appointments to the Port Colborne Gateway
Business Improvement Area Board of Management
Council resolved:
That Mark Guilbeault, Martin Moskalyk, and Minnie Hoi be appointed to
the Port Colborne Gateway Business Improvement Area Board of
Management for a term ending with that of the appointing Council; and
That the Clerk be directed to bring forward the necessary by-law for
approval.
Minutes, Ninth Meeting (Regular) of Council, March 11, 2013
Page 3 of 8
2. Department of Community & Corporate Services, Report No. 2013-7,
Subject: Application for Public Garage Licence, Razor's Auto Sales Inc.,
187 Main Street East, Port Colborne
Council resolved:
That the City Clerk be authorized to issue a 2013 Business Licence to
Raymond Labbe, Razor's Auto Sales Inc. respecting the operation of a
public garage at 187 Main Street East, Port Colborne; and
That on application for renewal of said Licence in future years, subject
to continued compliance with zoning and licensing regulation, the City
Clerk be authorized to renew the Business Licence.
3. Department of Community & Corporate Services, Report No. 2013-8,
Subject: Application for Public Garage Licence, Phil's Auto Service
Inc., 416 Main Street West, Port Col borne
Council resolved:
That the City Clerk be authorized to issue a 2013 Business Licence to
Phil Lagace, Phil's Auto Service Inc. respecting the operation of a public
garage at 416 Main Street West, Port Colborne; and
That on application for renewal of said Licence in future years, subject
to continued compliance with zone and licensing regulation, the City
Clerk be authorized to renew the Business Licence.
4. Department of Engineering & Operations, Public Works Division, Report
No. 2013-9, Subject: Supply of One New Backhoe-Loader
Council resolved:
That the Council of the City of Port Colborne award Quotation 2013-03
to Nortrax Canada Inc. of Stoney Creek, Ontario for the total bid price of
$98,181 .10 including applicable harmonized sales tax, and that the
Director of Engineering and Operations be authorized to issue a
purchase order to Nortrax Canada Inc.
5. Department of Planning & Development, Report No. 2013-11, Subject:
Request for Heritage Designation for Property Located at 352 Chippawa
Road, under the Ontario Heritage Act
Council resolved:
That Department of Planning and Development, Report 2013-11,
Subject: Request for Heritage Designation for the Property Located at
352 Chippawa Road, under the Ontario Heritage Act, be referred to the
Port Colborne Heritage Committee for the purpose of reassessing its
decision that the property does not warrant heritage designation and,
whereas the applicant has informed that further information concerning
the historical significance of the property is available, that the committee
consult with the applicant for the above referenced purpose.
6. Department of Community & Corporate Services, Community Services
Division, Report No. 2013-6, Subject: Results and Award of the RFP for
the Community Leisure Guide
Council resolved:
That City Council authorizes Community Services to award the Request
for Proposal to The Tribune allowing the creation of a City of Port
Minutes, Ninth Meeting (Regular) of Council, March 11, 2013
Page 4 of 8
Colborne, Community Leisure Guide that will be produced twice
annually for four seasons, encompassing Spring and Summer and Fall
and Winter production.
7.
Department of Community & Corporate Services, Community Services
Division, Report No. 2013-7, Subject: Request for Proposals for the
Management and Operation of Nickel Beach for the 2013 Season
Council resolved:
That Council hereby approves and authorizes staff to promote and
distribute the Request ·f or Proposal for the Provision of Nickel Beach
Operations for the 2013 season.
8.
Department of Economic Development, Tourism & Marketing, Report
No. 2013-03, Subject: J. Oskam Steel Fabricators Inc. Land
Council resolved :
That a by-law be prepared with an agreement to convey 1.21 +/-acres
of industrial land to J. Oskam Steel Fabricators Limited for a total of
$24,540.
Miscellaneous Correspondence:
9.
The New Humberstone Speedway Re Request for Fireworks Display
Events for 2013
Council resolved:
That pursuant to Section 6.1.1 of By-law 4989/45/07, the Council of The
Corporation of the City of Port Colborne authorize The New
Humberstone Speedway to hold Display Fireworks Events between the
hours of 9:30p.m. and 10:30 p.m., on the following dates:
•
•
•
•
May 19th, 2013
June 30th, 2013
August 4th, 2013
September 1st, 2013
That such approval be conditional on the issuance of a permit by the
Fire Chief, in compliance with By-law 4989/45/07 and payment of the
applicable fees; and
That the following information be submitted to the Port Colborne Fire &
Emergency Services for review a minimum of two weeks prior to the
holding of the first event:
•
A fireworks site plan including but not limited to, separation
distances to the public and vulnerable areas, location from where
fireworks are being fired, fallout zone and direction of firing.
•
Event description information, including description of fireworks,
type, size and quantity, and including:
firing procedures, manual or electric; and
emergency procedures; and
traffic control plans, emergency access through parking lot.
That The New Humberstone Speedway be advised that as the Authority
Having Jurisdiction, Port Colborne Fire & Emergency Services will
conduct spot site inspections and may revoke approval for any violation
Minutes, Ninth Meeting (Regular) of Council, March 11, 2013
Page 5 of 8
of the Ontario Fire Code or the Explosives Act prior to or during any one
of the scheduled events.
10. John Veselisin, Stoney Creek - Branch Manager, Orkin Canada Re
Request to Temporarily close King Street April 13th and April 14th, 2013
for ADM Fumigation
Council resolved:
That the Council of The Corporation of the City of Port Colborne
approve the request of John Veselisin, Branch Manager, Orkin for the
temporary closing of King Street from 12:00 p.m. Saturday, April 13,
2013 to 11:30 p.m. Sunday, April 14, 2013 for the purposes of the
fumigation of the ADM Milling Company and the Clerk be directed to
present the necessary by-law and to notify the emergency services; and
That such approval be subject to the ADM Milling Company and or
Orkin notifying in advance, the owners of the property served by the
section of roadway that will be temporarily closed of the proposed
closing.
11. Region of Niagara Re Resolution on Asian Carp (ICP Report 16-2013)
Council resolved:
That the correspondence received from the Region of Niagara Re
Resolution on Asian Carp (ICP Report 16-2013) be received for
information.
12. Memorandum from Peter Senese, Director of Community & Corporate
Services. Re Infrastructure Ontario Loan Program - Debentures
Council resolved:
That the memorandum from Peter Senese, Director of Community &
Corporate Services, Re Infrastructure Ontario Loan Program
Debentures; be received; and
That the City Clerk be authorized to present the appropriate by-law as
received from the Ontario Infrastructure and Lands Corporation with
regard to the loan application through Infrastructure Ontario.
Addendum Item:
13. Community and Corporate Services, Corporate Services Division
Report 2013-6, Subject: Municipal Infrastructure Investment InitiativeFunding for Asset Management Plan
Council resolved:
That Council of the City of Port Colborne authorize the City Clerk and
Mayor to execute the attached agreement for the Asset Management
Plan funds.
CARRIED.
7.
CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Nil.
8.
PROCLAMATIONS
Nil.
Minutes, Ninth Meeting (Regular) of Council, March 11, 2013
9.
Page 6 of 8
MINUTES OF BOARDS, COMMISSIONS & COMMITTEES
(a)
Minutes of the Port Colborne Gateway Business Improvement Area
Board of Management Meeting of January 23, 2013
Moved by Councillor A. Desmarais
Seconded by Councillor F. Danch
No. 57
(a)
That the Minutes of the Port Colborne Gateway Business Improvement
Area Board of Management Meeting of January 23, 2013 be received.
CARRIED.
10.
NOTICE OF MOTION
Nil.
11.
INTRODUCTION, CONSIDERATION AND PASSAGE OF BY-LAWS
By-laws for Three Readings
Moved by Councillor W. Steele
Seconded by Councillor B. Butters
No. 58
That the following by-laws be read a first, second and third time and passed:
•
5924/30/13
•
5925/31/13
•
5926/32/13
•
5927/33/13
•
5928/34/13
•
5929/35/13
Being a By-law to Appoint Members to the Port
Colborne Gateway Business Improvement Area Board
of Management
Being a By-law to Temporarily Close a Section of King
Street to Vehicular Traffic April 13, 2013 and April 14,
2013
A By-law to Authorize Certain Capital Works of The
Corporation of the City of Port Colborne (The
"Municipality"); to Authorize the Submission of an
Application to the Ontario Infrastructure and Lands
Corporation ("OILC") for Financing such Works and
Certain other Ongoing Works; to .Authorize Temporary
Borrowing from OILC to Meet Expenditures Made in
Connection with Such Works; and to Authorize Long
Term Borrowing for Such Works Through the Issue of
Debentures by the Regional Municipality of Niagara
(The "Upper-Tier Municipality") to OILC
Being a By-law to Authorize Entering into a Contract
Agreement with The Tribune for the Creation of a City of
Port Colborne, Community Leisure Guide
Being a By-law to Authorize Entering into an Agreement
of Purchase and Sale with J. Oskam Steel Fabricators
Limited for the Sale of Approximately 1.21 acres of
Industrial Land
By-law 5929/35/13, Being a By-law to Authorize
Entering into an Agreement Between Her Majesty The
Queen in Right of Ontario as Represented by the
Minister of Agriculture, Food and Rural Affairs and the
Corporation of The City Of Port Colborne Re the
Municipal Infrastructure Investment Initiative Funding for
Asset Management Plan
CARRIED.
12.
CONFIRMATORY BY-LAW
No. 59
Moved by Councillor B. Butters
Seconded by Councillor R. Bodner
Minutes, Ninth Meeting (Regular) of Council, March 11, 2013
Page 7 of 8
That the following by-law be read a first, second and third time and passed:
•
5930/36/13
Being a By-law to Adopt, Ratify and Confirm the
Proceedings of the Council of The Corporation of the
City of Port Colborne at its Special and Regular
Meetings of March 11, 2013
CARRIED.
13.
COUNCIL IN CLOSED SESSION - 7:32P.M.
No. 60
Moved by Councillor A. Desmarais
Seconded by Councillor W. Steele
That Council proceed in closed session in order to address the following
matter(s):
(a)
Minutes of the closed session portions of the January 28, 2013, February
11 , 2013 and February 25, 2013 Regular Council Meeting
(b)
Confidential Community and Corporate Services, Clerk's Division, Report
No. 2013-5, Subject Appointments to Boards and Committees, Port
Colborne Historical and Marine Museum Board, Port Colborne Public
Library Board and Port Colborne Seniors Advisory Council, pursuant to
the Municipal Act, 2001 , Subsection 239(2)(b) personal matters about an
identifiable individual, including municipal or local board employees
(c)
Confidential Memorandum from the Director of Planning and Development
dated March 1, 2013 concerning the potential sale of City owned land ,
pursuant to the Municipal Act, 2001, Subsection 239(2)(c) a proposed or
pending acquisition or disposition of land by the municipality or local
board.
(d)
Confidential Economic Development, Tourism and Marketing Report No.
2013-2, concerning the potential sale of City owned land, pursuant to the
Municipal Act, 2001 , Subsection 239(2)(c) a proposed or pending
acquisition or disposition of land by the municipality or local board
CARRIED.
No. 61
Moved by Councillor F. Danch
Seconded by Councillor Y. Doucet
That Council do now rise from closed session with report at approximately 8:15
p.m.
CARRIED.
14.
DISLOSURES OF INTEREST ARISING FROM CLOSED SESSION
Deputy Mayor Elliott declared an indirect pecuniary interest with regard to closed
session item (c), Confidential Memorandum from the Director of Planning and
Development dated March 1, 2013, concerning the potential sale of City owned
land and item (d), Confidential Economic Development, Tourism and Marketing
Report 2013-2, concerning the potential sale of City owned land, as he is
employed by Royal LePage, which had business associated with the subject
property. Deputy Mayor Elliott left the closed session portion of the meeting prior
to the consideration of these items (7:40 p.m.). Councillor Desmarais assumed
the Chair during consideration of these items.
15.
MOTIONS ARISING FROM CLOSED SESSION
(b)
Confidential Community and Corporate Services, Clerk's Division,
Report No. 2013-5, Subject:
Appointments to Boards and
Minutes, Ninth Meeting (Regular) of Council, March 11, 2013
Page 8 of 8
Committees, Port Colborne Historical and Marine Museum Board,
Port Colborne Public Library Board and Port Colborne Seniors
Advisory Council, pursuant to the Municipal Act, 2001, Subsection
239(2)(b) personal matters about an identifiable individual, including
municipal or local board employees
No. 62
Moved by Councillor W. Steele
Seconded by Councillor Y. Doucet
That the City Clerk be directed to bring forward a report in open session
with respect to appointments to boards and committees recommended by
Council as follows:
Port Colborne Historical and Marine Museum Board:
That Pamela Koudijs be appointed to the Port Colborne Historical
and Marine Museum Board for a term ending December 31, 2017.
Port Colborne Public Library Board
That Michael Cooper appointed to the Port Colborne Public Library
Board for a term ending November 30, 2014.
Port Colborne Seniors Advisory Council
That Valerie King be appointed to the Port Colborne Seniors
Advisory Council for a term ending December 31, 2017.
That the Clerk be directed to bring forward the necessary by-law for
approval.
CARRIED.
16.
ADJOURN
No. 63
Moved by Councillor B. Butters
Seconded by Councillor W . Steele
That there being no further business, the Council meeting be adjourned at
approximately 8:17 p.m.
CARRIED.
AShieYGrigg
CITYCLERK
AG/dd
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