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

The "THIRTY NINTH MEETING" (REGULAR) of the Port Colborne City Council was
held at the Municipal Offices, 66 Charlotte Street, Port Colborne on Monday, December
15, 2014 commencing at approximately 8:24 p.m.
ATTENDANCE
Mayor John Maloney presided with the following members in attendance:
COUNCILLORS
D. Elliott
A. Desmarais
F. Danch
R. Bodner
J. Mayne
Y. Doucet
B. Kenny
B. Butters
REGIONAL COUNCILLOR:
D. Barrick
STAFF:
R.
A.
D.
R.
P.
H.
D.
Heil, Chief Administrative Officer
Molenaar, Deputy Clerk
Aquilina , Director of Planning & Development
Hanson, Director of Engineering & Operations
Senese, Director of Community & Corporate Services
Hakim, Manager of Community Services
D'lnnocenzo, Recording Clerk
Also in attendance were interested citizens, members of the news media and
Cogeco TV.
CALL MEETING TO ORDER - MAYOR JOHN MALONEY
1.
INTRODUCTION OF ADDENDUM ITEMS
Nil.
2.
CONFIRMATION OF THE AGENDA
No. 284
Moved by Councillor B. Butters
Seconded by Councillor B. Kenny
That the agenda dated December 15, 2014 be confirmed as circulated.
CARRIED.
3.
DISCLOSURES OF INTEREST
Councillor Elliott declared a pecuniary interest with regard to item 18, Department
of Planning & Development, Report No. 2014-87, Subject: Lease Agreement with
Bridgeview Motors for 40 Killaly Street West, as he is employed by Royal LePage,
which represents the subject property. Councillor Elliott refrained from discussing
or voting on this item .
4.
ADOPTION OF MINUTES
(a)
Minutes of the Thirty Fourth Meeting (Regular) of Council of November
24,2014
No. 285
Moved by Councillor B. Kenny
Seconded by Councillor Y. Doucet
Minutes, Thirty Ninth Meeting (Regular) of Council, December 15, 2014
Page 2 of17
(a)
That the Minutes of the Thirty Fourth Meeting (Regular) of Council of
November 24, 2014 be adopted as circulated .
CARRIED.
5.
DETERMINATION OF COUNCIL ITEMS REQUIRING SEPARATE
DISCUSSION
The following items were identified for separate discussion :
Item No. 18
6.
ADOPTION OF COUNCIL ITEMS NOT REQUIRING SEPARATE DISCUSSION
No. 286
Moved by Councillor Y. Doucet
Seconded by Councillor F. Danch
That Items 1 to 28 on the regular agenda be approved, as amended at the
Committee of the Whole Meeting of December 15, 2014 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, Corporate Services
Division, Report No. 2014-25, Subject: City of Port Colborne - 2013
Asset Management Plan
Council resolved :
That Council of the City of Port Colborne adopts the 2013 Asset
Management Plan for the City of Port Colborne as submitted by
Public Sector Digest in November 2014 which complies with the
requ irements as outlined within the Provincial "Building Together
Guide for Municipal Asset Management Plans".
2.
Department of Community & Corporate Services, Report No. 2014-37,
Subject: 2015 Interim Tax Billing
Council resolved :
That Council adopt a by-law to authorize the 2015 interim levy of
taxes for all property tax classes, from the last revised assessment
roll , before the adoption of the estimates for the year.
3.
Department of Community & Corporate Services, Report No. 2014-38,
Subject: Penalty Charges and Interest Rates for 2015
Council resolved :
That the Council of the City of Port Colborne adopt the by-law to
establish the 2015 late payment charges on payments due to the
municipality.
4.
Department of Community & Corporate Services, Report No. 2014-39,
Subject: 2015 Borrowing By-law
Council resolved :
That Council adopt a by-law to authorize temporary borrowing, as
required , of up to $4,000,000.00 to meet the current expenditures
of the Corporation until property taxes are collected.
Minutes, Thirty Ninth Meeting (Regular) of Council, December 15, 2014
5.
Page 3 of 17
Department of Community & Corporate Services, Report No. 2014-40,
Subject: Approval of Spending Limits During the Interval Prior to the
Approval of the 2015 Budget Estimates
Council resolved:
That until such time that the 2015 Current Budget is adopted , the
Council of the City of Port Colborne approve the following :
6.
1.
City Departments, Boards, and Agencies be allowed to incur
operating costs to a level of 50% of the departmental
expenditure of the prior year.
2.
New capital items deemed essential by a department be
approved by the respective Standing Committee or Board , or
Agency and the Council of the City of Port Colborne prior to
purchase.
3.
That this policy be communicated to all Department Directors,
Boards, and Agencies.
Department of Community & Corporate Services, Report No. 2014-41,
Subject: Cancellation, reduction or refund of Realty Tax for 2014
taxation year for the address of 1866 White Rd.
Council resolved:
The Council approves the application pursuant to Section 357,
numbered 2014-10 to cancel or reduce taxes in the total amount of
$621.20.
7.
Department of Community & Corporate Services, Corporate Services
Division, Report No. 2014-43, Subject:
2013 Audited Financial
Statements
Council resolved:
That the Council of the City of Port Colborne approves the 2013
draft audited Financial Report for the year ended December 31 ,
2013.
8.
Department of Community & Corporate Services, Corporate Services
Division, Report No. 2014-44, Subject:
Property and Liability
Insurance Policy Renewal
Council resolved :
That Council approves Frank Cowan Company to provide the City's
comprehensive property and liability insurance program for the next
18 months to June 30, 2016, as outlined and recommended in this
report.
9.
Department of Community & Corporate Services, Corporate Services
Division, Report No. 2014-45, Subject: Port Colborne Community Bus
Extended Hours Service
Council resolved:
1.
That the Council of the City of Port Col borne approves that the
extended hours of service to the Community Bus be
permanent in nature to provide enhancement to the local
transit system and that it be included in the 2015 budget.
Minutes, Th irty Ninth Meeting (Regular) of Council, December 15, 2014
2.
10.
Page 4 of 17
That the Transit Advisory Committee continue to review the
ridership , hours of service and the transit routes for continued
customer service and efficiency.
Department of Community & Corporate Services, Corporate Services
Division, Report No. 2014-46, Subject: Port Colborne Community Bus
Free Transit Service-Bridge Closures
Council resolved:
That the Council of the City of Port Colborne approves free transit
service for those travelling from the East to West and West to East,
when the Clarence Street Bridge (Bridge 21 ) is closed to
pedestrians due to a scheduled closure of pedestrian traffic by the
St. Lawrence Seaway Management Corporation.
11 .
Department of Community & Corporate Services, Corporate
Services/Treasury Division, Report No. 2014-49, Subject: Ontario
Community Infrastructure Fund - Formula-Based Component
Council resolved:
That the Council of the City of Port Colborne authorize the Mayor,
City Clerk and City Treasurer to execute the Contribution
Agreement for the use of Ontario Community Infrastructure Fund Formula-Based Component funds with the Government of Ontario;
and further,
That the appropriate by-law be prepared and approved by Council.
12.
Department of Community & Corporate Services, Community Services
Division, Report No. 2014-30, Subject: Bethel Community Centre
Lease Agreement Renewal for the Term 2015-2018
Council resolved:
13.
1.
That Council of The Corporation of the City of Port Colborne
approves entering into a four (4) year lease agreement with
the Bethel Neighbourhood Recreation Committee for the
continued care and operation of the Bethel Community Center
for the term ending December 31 , 2018;
2.
That the Council of the City of Port Colborne authorizes the
City Clerk to prepare the appropriate municipal by-law for
Council approval authorizing the Mayor and City Clerk to
execute and sign the agreement (subject to the satisfaction of
all parties) on behalf of The Corporation of the City of Port
Colborne; and
3.
That Council direct staff to have an Engineering Evaluation
Report (EER) of the drinking water system at the Bethel
Community Centre completed , as required by Schedule 21 to
Ontario Regulation 170103 - Drinking Water Systems
Regulation; and further directs staff to undertake the upgrades
to the drinking water system , wh ich will be identified in the
EER, for an estimated total cost of $3,000.00 to $6,000.00,
which will be referred to the 2015 budget deliberations.
Department of Community & Corporate Services, Community Services
Division, Report No. 2014-31, Subject: Sherkston Community Centre
Lease Agreement Renewal for the Term 2015-2018
Minutes , Thirty Ninth Meeting (Regular) of Council, December 15, 2014
Page 5 of 17
Council resolved:
14.
1.
That Council of The Corporation of the City of Port Colborne
approves entering into a four (4) year lease agreement with
the Sherkston Neighbourhood Recreation Committee for the
continued care and operation of the Sherkston Community
Centre for the term ending December 31 , 2018; and
2.
That the Council of the City of Port Colborne authorizes the
City Clerk to prepare the appropriate municipal by-law for
Council approval authorizing the Mayor and City Clerk to
execute and sign the agreement (subject to the satisfaction of
all parties) on behalf of The Corporation of the City of Port
Colborne.
Department of Community & Corporate Services, Community Services
Division, Report No. 2014-32, Subject: Age-Friendly Community
Planning Grant Council endorse a grant application and consider a
Council resolution to undertake Age-Friendly Community Planning
Council resolved:
1.
That City Council endorses the submission of a grant
application no later than January 30, 2015; and
2.
That Council resolution for Age-Friendly initiatives be adopted :
Whereas older persons are an important part of our
community, and whereas it is our community's interest
that these citizens continue to live, work and play active
lives and participate fully in the activities of the
community; and
Whereas the City of Port Colborne accepts the invitation
from the Province of Ontario to participate in the AgeFriendly Community Planning strategy;
Therefore be it resolved that the Senior Citizens Advisory
Council Age-Friendly Community Planning strategy be
endorsed by the City of Port Colborne to support
participation and healthy active lifestyles for older adults
and all citizens.
15.
Department of Community & Corporate Services, Clerk's Division,
Report No. 2014-50, Subject: Appointment of Deputy Mayors for the
2014-2018 Term of Council
Council resolved:
That the following Councillors be appointed Deputy Mayor for the
six month periods set out as follows :
Councillor David Elliott
December
2014,
January,
February, March , April and May
2015
Councillor Yvon Doucet
June, July, August, September,
October and November 2015
Minutes, Thirty Ninth Meeting (Regular) of Council, December 15, 2014
16.
Page 6of17
Councillor Bea Kenny
December
2015,
January,
February, March , April and May,
2016
Councillor Barbara Butters
June, July, August, September,
October and November 2016
Councillor John Mayne
December
2016,
January,
February, March , April and May
2017
Councillor Angie Desmarais
June, July, August, September,
October and November 2017
Councillor Frank Danch
December
2017,
January,
February, March, April, May, 2018
Councillor Ron Bodner
June, July, August, September,
October and November 2018
Department of Community & Corporate Services, Clerk's Division,
Report No. 2014-47, Subject:
Appointments to Boards and
Committees
Council resolved:
Accessibility Advisory Committee
That Bryan Ingram be appointed to the Accessibility Advisory
Committee for a term ending December 31 , 2018.
Canal Days Advisory Committee
That Claudia Brema be appointed to the Canal Days Advisory
Committee for a term ending December 31 , 2018.
Committee of Adjustment
That Dan O'Hara and Bill Steele be appointed to the
Committee of Adjustment for a term ending November 30,
2018.
Environmental Advisory Committee
That Beth Palma and Tim Hoyle be appointed to the
Environmental Advisory Committee for a term ending
December 31 , 2017.
Gateway Business Improvement Area Board of Management
That the following persons be appointed to the Gateway
Business Improvement Area Board of Management for a term
ending November 30, 2018.
1.
2.
3.
4.
5.
Martin Moskalyk
Chris Bull
Kim Danch
Mark Guilbeault
Ken Martel
Heritage Port Colborne:
That Brenda Haymes be appointed to the Heritage Port
Colborne Committee for a term ending December 31 , 2017.
Port Colborne Energy Inc.
That Gary Bruno be appointed to Port Colborne Energy Inc.
for a term ending November 30, 2017.
Minutes , Thirty Ninth Meeting (Regular) of Council, December 15, 2014
Page 7of 17
Port Colborne Hydro Inc.
That Gary Bruno and Vance Badawey be appointed to Port
Colborne Hydro Inc. for a term ending November 30, 2017.
Port Colborne Fibre Inc.
That Gary Bruno and Vance Badawey be appointed to Port
Colborne Fibre Inc. for a term ending November 30, 2017.
Port Colborne Historical and Marine Museum Board
That the following persons be appointed to the Port Colborne
Historical and Marine Museum Board :
1.
2.
3.
4.
5.
6.
Marge McAvoy for a term ending December 31 ,
2018;
Terry Huffman for a term ending December 31,
2018;
Bonnie Johnston for a term ending December
31 , 2018;
Tim Hoyle for a term ending December 31 , 2016;
Michael Reles for a term ending December 31,
2016;
Margaret Tanaszi for a term ending December
31 , 2016.
Port Colborne Medical Education, Recruitment and Health
Services Committee
That the following persons be appointed to the Port Colborne
Medical Education, Recruitment and Health Services
Committee:
1.
2.
3.
4.
Tim Hoyle (citizen representative) for a term
ending December 31 , 2016;
Vance Badawey (citizen representative) for a
term ending December 31 , 2017;
Amanda Bell (medical health representative) for
a term ending December 31 , 2018;
Carmela Rulli (medical health representative) for
a term ending December 31, 2018.
Port Colborne Public Library Board
That the following persons be appointed to the Port Colborne
Public Library Board:
1.
2.
3.
4.
5.
6.
7.
William Higgins for a term ending November 30,
2018 ;
Cheryl MacMillan for a term ending November
30, 2018 ;
Michael Cooper for a term ending November 30,
2018;
Derek Miller for a term ending November 30,
2018;
Anne Kennerly for a term ending November 30,
2018;
Valerie Catton for a term ending November 30,
2018;
Bryan Ingram for a term ending November 30,
2018;
Port Colborne Transit Advisory Committee
That the following persons be appointed to the Port Colborne
Transit Advisory Committee:
Minutes, Thirty Ninth Meeting (Regular) of Council , December 15, 20 14
1.
2.
3.
Page 8of1 7
Denise Archer (medical health representative)
for a term ending December 31, 2018.
Casey Biko (business representative) for a term
ending December 31, 2018.
Bryan Ingram (representing persons with
disabilities) for a term ending December 31 ,
2018.
Property Standards Committee
That Tim Hoyle be appointed to the Property Standards
Committee for a term ending November 30, 2018.
Port Colborne Senior Citizen Advisory Council
That Dorothy Santarella be appointed to the Port Colborne
Senior Citizen Advisory Council for a term ending December
31 , 2016.
Livestock Valuer
That Deborah Wright be appointed as Livestock Valuer for a
term ending November 30, 2018.
Town Crier
That Dr. Tom Pekar be appointed as Town Crier for a term
ending December 31 , 2018.
17.
Department of Community & Corporate Services, Clerk's Division,
Report No. 2014-48, Subject: Council Representation on Boards and
Committees
Council resolved :
Accessibility Advisory Committee:
That Councillor John Mayne be appointed as the Council
representative on the Accessibility Advisory Committee for a
term ending November 30, 2018.
Backflow Prevention/Cross Connection Technical Advisory
Committee:
That Councillor David Elliott be appointed as the Council
representative on the Backflow Prevention/Cross Connection
Technical Advisory Committee for a term ending November
30, 2018.
Canal Days Committee:
That Councillors Ron Bodner, Angie Desmarais and David
Elliott be appointed as the Council representative on the Canal
Days Committee for a term ending November 30, 2018.
Committee of Adjustment:
That Councillors John Mayne, Yvon Doucet and Bea Kenny
be appointed as the Council representatives to the Committee
of Adjustment for a period ending December 31, 2015 (annual
appointment per the Planning Act).
Cultural Committee:
That Councillor Ron Bodner be recommended for appointment
as the Council representative on the Cultural Committee for a
term ending November 30, 2018.
Downtown Business Improvement Area Board of Management:
That Councillor David Elliott be appointed as the Council
representative on the Downtown Business Improvement Area
Board of Management for a term ending November 30, 2018.
Minutes, Thirty Ninth Meeting (Regular) of Council, December 15, 2014
Page 9of17
Drinking Water Quality Management System:
That Councillors Barbara Butters and John Mayne be
appointed as the Council representatives on the Drinking
Water Quality Management System for a term ending
November 30, 2018.
East Side Employment Lands Site Servicing Technical
Advisory Committee:
That Councillors Barbara Butters, Yvon Doucet and Bea
Kenny be appointed as the Council representatives on the
East Side Employment Lands Site Servicing Technical
Advisory Committee for a term ending November 30, 2018.
Energy Conservation Committee:
That Councillor Yvon Doucet be appointed as the Council
representative on the Energy Conservation Committee for a
term ending November 30, 2018 .
Environmental Advisory Committee:
That Councillors Barbara Butters, Angie Desmarais and Yvon
Doucet be appointed as the Council representatives on the
Environmental Advisory Committee for a term ending
November 30, 2018.
Fire and Emergency Long Term Master Plan Steering
Committee:
That Councillors Angie Desmarais and Barbara Butters be
appointed as the Council representatives on the Fire and
Emergency Long Term Master Plan Steering Committee for a
term ending November 30, 2018.
Flavours Advisory Committee:
That Councillor Bea Kenny be appointed as the Council
representative on the Flavours Advisory Committee for a term
ending November 30, 2018.
Gateway Business Improvement Area Board of Management:
That Councillor Frank Danch be appointed as the Council
representative on the Gateway Business Improvement Area
Board of Management for a term ending November 30, 2018.
Greater Niagara Circle Route Committee:
That Councillor Angie Desmarais be recommended for
appointment as the Council representative on the Greater
Niagara Circle Route Committee for a term ending November
30, 2018.
Heritage Port Colborne:
That Councillors Barbara Butters, Bea Kenny and John Mayne
be appointed as the Council representatives on Heritage Port
Colborne for a term ending November 30, 2018.
Municipal Bravery Awards Committee:
That Councillors Barbara Butters and Bea Kenny be appointed
as Council representatives on the Municipal Bravery Awards
Committee for a term ending November 30, 20 18.
Notice to Muzzle Appeal Committee:
That Councillors John Mayne, Angie Desmarais, Bea Kenny
and Barbara Butters be appointed as the Council
representatives on the Notice to Muzzle Appeal Committee for
a term ending November 30, 2018.
Minutes, Thirty Ninth Meeting (Regular) of Council, December 15, 2014
Page10of17
Niagara Central Airport Commission:
That Councillors Barbara Butters and Bea Kenny be appointed
as the Council representatives on the Niagara Central Airport
Commission for a term ending November 30, 2018.
Niagara Community Foundation, Port Colborne Fund:
That Councillor David Elliott be appointed as the Council
representative on the Niagara Community Foundation, Port
Colborne Fund for a term ending November 30, 2018.
Port Cares (non-voting liaison to the Volunteer Board of
Directors):
That Councillor Yvon Doucet be appointed as the Port Cares
non-voting liaison to the Volunteer Board of Directors for a
term ending November 30, 2018.
Port Colborne Energy Inc.:
That Councillor
be appointed as the
Council representative on Port Colborne Energy Inc. for a term
ending November 30, 2018.
Port Colborne Fibre Inc.:
That Councillors Bea Kenny and Ron Bodner be appointed as
the Council representatives Port Colborne Fiber Inc. for a term
ending November 30, 2018.
Port Colborne Hydro Inc.:
That Councillors Bea Kenny and Ron Bodner be appointed as
the Council representative on the Port Colborne Hydro Inc. for
a term ending November 30, 2018.
Port Colborne Historical and Marine Museum Board:
That Councillor David Elliott be appointed as the Council
representative on the Port Colborne Historical and Marine
Museum Board for a term ending November 30, 2018.
Port Colborne Public Library Board:
That Councillor John Mayne be appointed as the Council
representative on the Port Colborne Public Library Board for a
term ending November 30, 2018.
Port Colborne Senior Citizen Advisory Council:
That Councillor Angie Desmarais be appointed as the Council
representative on the Port Colborne Senior Citizen Advisory
Council for a term ending November 30, 2018.
Port Colborne Trails and Bikeways Committee:
That Councillor Angie Desmarais be appointed as the Council
representative on the Port Colborne Trails and Bikeways
Committee for a term ending November 30, 2018.
Port Colborne Transit Advisory Committee:
That Councillors Yvon Doucet and Bea Kenny be appointed
as the Council representatives on the Transit Advisory
Committee for a term ending November 30, 2018.
Port Colborne/Wainfleet Chamber of Commerce:
That Councillor David Elliott be appointed as the Council
representative on the Port Colborne/Wainfleet Chamber of
Commerce for a term ending November 30, 20 18.
Minutes, Thirty Ninth Meeting (Regular) of Council , December 15, 2014
Page 11 of 17
Port Colborne Medical Education, Recruitment and Health
Services Committee:
That Councillors Yvon Doucet, Bea Kenny and Ron Bodner be
appointed as the Council representatives on the Port Colborne
Medical Education , Recruitment and Health Services
Committee for a term ending November 30, 2018.
Port Colborne Operations Centre Technical Advisory
Committee:
That Councillors John Mayne and Frank Danch be appointed
as the Council representatives on the Port Colborne
Operations Centre Technical Advisory Committee for a term
ending November 30, 2018.
Mayors Youth Advisory Committee:
That Councillor Yvon Doucet be appointed as the Council
representative on the Mayors Youth Advisory Committee for a
term ending November 30, 2018.
Property Standards Committee:
That Councillors Frank Danch, Angie Desmarais and John
Mayne be appointed as the Council representatives on the
Property Standards Committee for a term ending November
30, 2018.
Transportation Strategy Steering Committee:
That Councillor Ron Bodner be recommended for appointment
as the Council representative on the Transportation Strategy
Steering Committee for a term ending November 30, 2018.
Trustees, Julia Yager Social and Recreation Centre:
That Councillors Barbara Butters and Ron Bodner be
appointed as the Council representatives on the Julia Yager
Social and Recreation Centre Committee for a term ending
November 30, 2018.
Trustees, Sherkston Community Centre Trust:
That Councillors Barbara Butters and Ron Bodner be
appointed as the Council representatives on the Sherkston
Community Centre Trust for a term ending November 30,
2018.
Volunteer Committee:
That Councillors Barbara Butters and Angie Desmarais be
appointed as the Council representatives on the Volunteer
Committee for a term ending November 30, 2018.
That the Clerk be directed to prepare the appropriate by-law for
approval.
NOTE: the requisite appointment to Port Colborne Energy Inc. was
inadvertently omitted, and will be reintroduced at the next regularly
scheduled meeting .
19.
Department of Planning & Development, Report No. 2014-88, Subject:
Recommendation Report for an Official Plan & Zoning By-Law
Amendment (File Nos. D09-02-14 & D14-10-14) 54 West Side Road
Counci l resolved :
1.
That Council of the City of Port Colborne approve the Official
Plan Amen dment, attached hereto as Appendix A , adding a
Minutes, Thirty Ninth Meeting (Regular) of Council, December 15, 2014
Page 12of17
special policy to the Public Open Space designation to support
the use of the property for mini storage, a warehouse with
outdoor storage, trade shows, farmer's market, flea market,
vehicle sales and an auditorium within the existing building.
20.
2.
That Council of the City of Port Colborne approve the Zoning
By-law Amendment, attached hereto as Appendix B, rezon ing
the land from "P (Public and Park)" to "P-381-H (Indoor,
Outdoor Storage & Auditorium - Holding)".
3.
That the City Clerk is hereby authorized and directed to
proceed with the giving of the notice of passing of the by-law,
in accordance with the Planning Act.
4.
That pursuant to the provisions of Sections 34(17) of the
Planning Act, no further notice of public meeting be required .
Department of Engineering & Operations, Engineering Division,
Report No. 2014-38, Subject: Project No.: 2014-15 Tender for Winter
Equipment Rental
Council resolved :
That the Council of the City of Port Colborne award Tender 201415 Winter Equipment Rental to T.R. Symonds Signature Homes, of
Port Colborne, Ontario, for the total tendered price of $119,233.00
for 2014 and extend into 2017 expiring on March 31st of that year,
plus applicable taxes. Further, that a contract by-law, whereby the
City enters into a contract agreement with the contractor to be
prepared, all pending annual budget approvals for each of those
years.
21.
Department of Engineering & Operations, Engineering Division,
Report No. 2014-39, Subject: Proposed Policy for Frozen Water
Services
Council resolved :
That City Council approve, by by-law, the Frozen Water Service
Pipe Policy as presented .
Miscellaneous Correspondence
22.
Memorandum from Janice Peyton, Executive Assistant, DEO, on
behalf of the Environmental Advisory Committee Re Environmental
Advisory Committee - Motion regarding correspondence from the
Niagara Restoration Council Requesting Support of Proposed Project
(Plant pollinator gardens in Public Parks)
Council resolved :
That the memorandum received from Janice Peyton, Executive
Assistant, DEO, on behalf of the Environmental Advisory
Committee Re Environmental Advisory Committee - Motion
regard ing correspondence from the Niagara Restoration Council,
Requesting Support of Proposed Project, be received ; and
That the following motion be approved by Council:
That the request for support from the Niagara Restoration
Council be referred to City Council recommending the City
send a letter of endorsement of the proposed project.
Minutes, Thirty Ninth Meeting (Regular) of Council, December 15, 2014
23.
Rural Ontario Municipal Association (ROMA)
Nominations for the 2015 - 2019 ROMA Board
Page 13of1 7
Re Request for
Council resolved:
That Councillor David Elliott be nominated to the 2015-2019
ROMA Board.
24.
Memorandum form Robert J. Heil, Chief Administrative Officer
Subject: Winding Up of Port Colborne Hydro Inc., Port Colborne Fibre
Inc., and Port Colborne Energy Inc.
Council resolved:
That the winding up or merger of Port Colborne Energy Inc., Port
Colborne Hydro Inc., and Port Colborne Fibre Inc. be explored with
a goal of maximizing deductions and reducing potential capital
gains.
Outside Resolutions - Requests for Endorsement
25.
Regional Municipality of Halton Resolution Regarding "Buy
American" Provision in the American Recovery and Reinvestment Act
Council resolved :
That the resolution received from the Regional Municipality of
Halton Regarding "Buy American" Provision in the American
Recovery and Reinvestment Act, be received for information.
26.
Town of Fort Erie Re Requesting the Premier and Provincial
Government to expand GO Rail services to year-round daily services
to Niagara Region (Support of City of St. Catharines Resolution)
Council resolved :
That the Council of The Corporation of the City of Port Colborne
supports the resolution of the Town of Fort Erie requesting the
Premier and Provincial Government to expand GO Rail Services to
year-round daily service to the Niagara Region.
27.
The Corporation of the County of Huron Re Reconsider Decision to
Eliminate Home to Home Postal Delivery (not in support of the
proposed plan to eliminate residential home to home delivery and
petition Canada Post to reconsider this plan)
Council resolved :
That the City of Port Colborne endorse and support the motion
passed by The Corporation of the County of Huron by sending a
letter from the City of Port Colborne in conjunction with the letter
from the County of Huron requesting Canada Post to reconsider
their decision to eliminate Home to Home Postal Delivery.
Responses to Resolutions of the City of Port Col borne
28.
Town of West Lincoln Re City of Port Colborne's resolution regarding
Increase in US Fees for Ship Inspections
Council resolved:
That the resolution received from the Town of West Lincoln Re City
of Port Colborne's resolution regarding Increase in US Fees for Ship
Inspections, be received for information .
CARRIED.
Minutes, Thirty Ninth Meeting (Regular) of Council, December 15, 2014
7.
Page 14 of1 7
CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
18.
Department of Planning & Development, Report No. 2014-87, Subject:
Lease Agreement with Bridgeview Motors for 40 Killaly Street West
No. 287
Moved by Councillor B. Butters
Seconded by Councillor B. Kenny
1.
That Council enters into a Lease Agreement (attached hereto)
with Bridgeview Motors for the use of 40 Killaly Street West.
2.
That the City Clerk prepares the necessary by-law for
Council 's approval.
3.
That the Mayor and Clerk be authorized to sign and execute
any and all documents respecting the lease of these lands.
4.
That the Lease Agreement with Bridgeview Motors be
amended to begin January 1, 2015 and end December 31 ,
2019.
CARRIED .
8.
PROCLAMATIONS
Nil.
9.
MINUTES OF BOARDS, COMMISSIONS & COMMITTEES
(a)
(b)
Minutes of the Senior Citizen Advisory Council meeting of September
18, 2014 and October 16, 2014
Minutes of the Heritage Port Colborne Meeting of September 10, 2014
and October 8, 2014
No. 288
Moved by Councillor J. Mayne
Seconded by Councillor A. Desmarais
(a)
That the Minutes of the Senior Citizen Advisory Council meeting of
September 18, 2014 and October 16, 2014 be received ;
(b)
That the Minutes of the Heritage Port Colborne Meeting of September 10,
2014 and October 8, 2014 be received .
CARRIED.
10.
NOTICE OF MOTION
Nil.
11.
COUNCILLOR ITEM I NEW BUSINESS
Councillor Bodner advised that he received a concern from a resident
regarding a home being built at 517 Cedar Bay Road . The concern was
taken to the Ontario Municipal Board (OMB) who rendered a decision that
the appellant believes the applicant is not conforming to. The Director of
Planning and Development advised that a building permit has been issued
as the home conforms to the requirements set out in the City of Port
Colborne Zoning By-law. The Director of Planning and Development
informed that the Chief Building Official continues to monitor the progress
of the construction to ensure it remains in compliance.
No. 289
Moved by Councillor B. Butters
Seconded by Councillor A. Desmarais
Minutes, Thirty Ninth Meeting (Regular) of Council, December 15, 2014
Page 15of17
That leave be granted to allow Councillor Bodner to read a request
of action items from a concerned property owner regarding the
home build on 517 Cedar Bay Road.
CARRIED.
Councillor Bodner read a request from the appellant requesting the City of
Port Colborne instruct staff to carry out an investigation and provide a public
report on the issuance of this building permit for 517 Cedar Bay Road. The
request also includes a review of actions by City staff, particularly with
respect to actions that circumvent the OMB decision as well as a request
for an immediate stop work order issued by the Chief Building Official and
revocation of the building permit.
In response to an enquiry from Councillor Kenny, the Director of Planning
and Development advised that the Committee of Adjustment (COA) granted
the application which was appealed by the appellant. The OMB met with
the applicant and appellant and reached a settlement for the new location
of the home. The applicant then abandoned the OMB decision and applied
for a building permit on the original site. The Director of Planning and
Development informed that the OMB decision is based on a different
location than from where the home is being built and the COA application is
based on building a home on the initial location that the first home was built.
The Director of Planning and Development also informed that the applicant
is free to abandon the OMB decision and build on the initial location.
Councillor Bodner advised that the appellant was under the understanding
that the applicant could not go back to the original location once the OMB
decision was made.
The Chief Administrative Officer recommended that Council resolve into
closed session in order to obtain further information concerning the issue.
COUNCIL IN CLOSED SESSION - 7:21 P.M.
No. 290
Moved by Councillor D. Elliott
Seconded by Councillor B. Butters
That Council do now proceed in camera in order to address the following
matter:
(a)
Advice from City staff in respect of a building permit and potential
stop work order on the construction of a dwelling/cottage at 517
Cedar Bay Road because of a complaint initiated by the
owner/resident of 2967 Firelane 5 related to an Ontario Municipal
Board Order and a decision by the Committee of Adjustment,
pursuant to the Municipal Act, 2001, Subsection 239(2)(e) litigation
or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board
CARRIED.
No. 291
Moved by Councillor Y. Doucet
Seconded by Councillor A. Desmarais
That Council do now rise from closed session without report at
approximately 7:34 p.m.
CARRIED.
No. 292
Moved by Councillor D. Elliott
Seconded by Councillor Y . Doucet
That the Director of Planning and Development be directed to issue a cease
and desist order for 517 Cedar Bay Road .
LOST.
Minutes , Thirty Ninth Meeting (Regular) of Council , December 15, 2014
Page 16 of 17
Staff Direction:
That the Director of Planning and Development be directed to provide the applicant
and appellant with reasoning as to why the City of Port Colborne Chief Building
Official , Planner and Solicitors agree to the proceeding of the application for
building permit.
12.
INTRODUCTION, CONSIDERATION AND PASSAGE OF BY-LAWS
By-laws for Three Readings
No. 293
Moved by Councillor B. Kenny
Seconded by Councillor R. Bodner
That the following by-laws be read a first, second and third time and passed:
•
6162/128/14 Being a By-law to Provide for an Interim Tax Levy for the
Year2015
• 6163/129/14 A By-law to Establish Penalty Charges and Interest
Charges on Payments Due to the Municipality for 2015
• 6164/130/14 A By-law to Authorize the Temporary Borrowing of
$4,000,000.00 for 2015
• 6165/131/14 Being a By-law to Authorize the Execution of a Contribution
Agreement Between Her Majesty the Queen in Right of
The Province of Ontario, Represented by The Minister of
Agriculture, Food and Rural Affairs for The Province of
Ontario ("Ontario") and The City of Port Colborne (the
"Recipient") Related to Funding Provided by The Province
of Ontario to the Municipality Under the Ontario
Community Infrastructure Fund
Formula-Based
Component for 2015 and Future Years
• 6166/132/14 Being a By-law to Authorize Entering into a Lease
Agreement with the Bethel Neighbourhood Recreation
Committee for the Operation of the Bethel Community
Centre
• 6167/133/14 Being a By-law to Authorize Entering into a Lease
Agreement with the Sherkston Neighbourhood Recreation
Committee for the Operation for the Sherkston Community
Centre
• 6168/134/14 Being a By-law to Confirm Appointments to Various
Agencies, Boards and Committees
• 6170/136/14 Being a By-law to Adopt Amendment No. 2 to The Official
Plan for the City of Port Colborne
• 6171/137/14 Being a By-law to Amend Zoning By-law 1150/97/81 , As
Amended , Respecting Lands Legally Known as Part of Lot
30, Concession 2, Being Parts 1 & 2 on Plan 59R-14820,
former Township of Humberstone, Now in the City of Port
Colborne, Regional Municipality of Niagara; Municipally
Known as 54 West Side Road
• 6172/138/14 Being a By-law to Authorize Entering Into a Contract
Agreement with T.R. Symonds Signature Homes Re
Tender 2014-15 Winter Equipment Rental
• 6173/139/14 Being a By-law to Adopt a Frozen Water Service Pipe
Policy
CARRIED.
That the following by-law be read a first, second and third time and passed :
No. 294
•
Moved by Councillor F. Danch
Seconded by Councillor J. Mayne
6169/135/14 Being a By-law to Authorize Entering into a Lease
Agreement with Bridgeview Motors for the Use of 40 Killaly
Street West
CARRIED.
Minutes, Thirty Ninth Meeting (Regular) of Council, December 15, 2014
13.
Page 17of17
CONFIRMATORY BY-LAW
No. 295
Moved by Councillor D. Elliott
Seconded by Councillor B. Butters
That the following by-law be read a first, second and third time and passed:
•
6174/140/14
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 December 15, 2014
CARRIED.
14.
COUNCIL IN CLOSED SESSION - 8:35 P.M.
No. 296
Moved by Councillor B. Butters
Seconded by Councillor A. Desmarais
That Council proceed in closed session in order to address the following matter(s):
Confidential Engineering and Operations, Operations Division Report No.
2014-37 regarding a matter of potential litigation, pursuant to the Municipal
Act, 2001 Subsection 239(2)(e) litigation or potential litigation , including
matters before administrative tribunals, affecting the municipality or local
board.
CARRIED.
(a)
No.297
Moved by Councillor D. Elliott
Seconded by Councillor Y. Doucet
That Council do now rise from closed session without report at approximately 8:59
p.m.
CARRIED.
15.
DISLOSURES OF INTEREST ARISING FROM CLOSED SESSION
Nil.
16.
MOTIONS ARISING FROM CLOSED SESSION
Nil.
17.
ADJOURN
No. 298
Moved by Councillor F. Danch
Seconded by Councillor R. Bodner
That there being no further business, the Council meeting be adjourned at
approximately 9:00 p.m.
CARRIED.
John Maloney
MAYOR
AM/dd