the thirty third meeting (regular) of the port colborne ...canaldays.ca/filebin/library/11-10-14...

The "THIRTY THIRD MEETING" (REGULAR) of the Port Colborne City Council was held at the Municipal Offices, 66 Charlotte Street, Port Colborne on Monday, November 10, 2014 commencing at approximately 9:21 p.m.

ATTENDANCE:

Mayor Vance Badawey presided with the following members in attendance:

COUNCILLORS:

D. Elliott A. Desmarais F. Danch R. Bodner

W. Steele Y. Doucet B. Kenny B. Butters

REGIONAL COUNCILLOR:

Absent: D. Barrick (due to a prior commitment)

STAFF:

D. Aquilina, Acting Chief Administrative Officer/ Director of Planning & Development A. Grigg , City Clerk R. Hanson, Director of Engineering & Operations P. Senese, Director of Community & Corporate Services S. Corr, Manager of Revenue & Taxation H. Hakim, Manager of Community Services S. Powell Baswick, Director/Curator, Port Colborne Historical and Marine Museum T. Cartwright, Fire Chief D. D'lnnocenzo, Recording Clerk

Also in attendance were interested citizens, members of the news media and Cogeco TV.

CALL MEETING TO ORDER - MAYOR VANCE BADAWEY

1. INTRODUCTION OF ADDENDUM ITEMS

Housekeeping Amendment: The City Clerk made a housekeeping amendment to the third paragraph of the recommendation of item 9, Department of Planning & Development, Report No. 2014-83, Subject: Sale of 80 Nickel Street and parcel at the northeast corner of Nickel and Mitchell Street, in order to correct the legal description of the property to read as follows: Lot 26 on Plan 857.

2. CONFIRMATION OF THE AGENDA

No. 243 Moved by Councillor W. Steele Seconded by Councillor B. Butters

That the agenda dated November 10, 2014 be confirmed as circulated. CARRIED.

3. DISCLOSURES OF INTEREST

Councillor Elliott declared a pecuniary interest with regard to item 9, Department of Planning & Development, Report No. 2014-83, Subject: Sale of 80 Nickel Street and parcel at the northeast corner of Nickel and Mitchell Street, as he provided the opinion of value on the property. Councillor Elliott refrained from discussing or voting on this matter.

Minutes, Thirty Third Meeting (Regular) of Council, November 10, 2014 of 10

4. ADOPTION OF MINUTES

(a) Minutes of the Thirtieth Meeting (Special) of Council of October 14, 2014

(b) Minutes of the Thirty First Meeting (Regular) of Council of October 14, 2014

No. 244 Moved by Councillor W. Steele Seconded by Councillor Y. Doucet

(a) That the Minutes of the Thirtieth Meeting (Special) of Council of October 14, 2014 be adopted as circulated; and,

(b) That the Minutes of the Thirty First Meeting (Regular) of Council of October 14, 2014 be adopted as circulated.

CARRIED.

5. DETERMINATION OF COUNCIL ITEMS REQUIRING SEPARATE DISCUSSION

The following item was identified for separate discussion:

Item 9.

6. ADOPTION OF COUNCIL ITEMS NOT REQUIRING SEPARATE DISCUSSION

No. 245 Moved by Councillor A. Desmarais Seconded by Councillor F. Dan ch

That Items 1 to 22 on the regular agenda be approved, as amended at the Committee of the Whole meeting of November 10, 2014 with the exception of items that have been deferred, deleted or listed for separate discussion, and the recommendations contained therein adopted.

Motions Arising from Committee of the Whole Meeting Councillor's Items/New Business:

Report Regarding the Sale of Surplus City Owned Land

Council resolved:

That the Director of Planning & Development be directed to prepare a report identifying City owned land which may be declared surplus to the City's needs and sold, including that located within the recently lifted tunnel designation area.

Permit Parking along West Side of West Street

Council resolved:

That the Director of Planning & Development be directed to prepare a report regarding permit parking along the west side of West Street between Victoria Street and Kent Street, similar to that implemented on Sugarloaf Street.

Motion Arising from Committee of the Whole Meeting Consideration of Items Requiring Separate Discussion, Item 7:

Waiving of Industrial and Commercial Development Charges

Council resolved:

That the Director of Planning and Development be directed to begin the process of amending the City's Development Charges By-law to waive development charges for commercial and industrial development; and

Minutes, Thirty Third Meeting (Regular} of Council, November 10, 2014 of 10

ITEMS:

That the waiving of commercial and industrial development charges be retroactive to include the waiving of charges for the commercial development at the intersection of Killaly Street West and Steele Street.

1. Department of Fire & Emergency Services, Report No. 2014-6, Subject: Fire Department Responding to Port Colborne Hospital for Medical Calls

Council resolved:

i. That the Mayor and Members of Council receive this report for information purposes, and further that;

ii. The appropriate City Staff be authorized to request that the current Tiered Response Agreement be modified to reflect the recommendation of the Medical Director.

2. Department of Planning & Development, Report No. 2014-69, Subject: Request for Keeping of Chickens within the Urban Area

Council resolved:

That Council receives this report for information purposes and that no further action be taken.

3. Department of Planning & Development, Report No. 2014-75, Recommendation Report on Removing 3986 Yager Road from the Municipal Registry of Heritage Properties

Council resolved:

That Council of the City of Port Colborne remove the lands legally known as Concession 4 Part Lot 19, former Township of Humberstone in the City of Port Colborne, Regional Municipality of Niagara; municipally known as 3986 Yager Road from the City of Port Colborne's Municipal Registry of Heritage Properties.

4. Department of Planning & Development, Report No. 2014-76, Subject: Winter Control Operations Standards Update

Council resolved:

That Council approve the proposed Winter Control Operations Standard as presented.

5. Department of Planning & Development, Report No. 2014-77, Subject: Recommendation Report for a Zoning By-law Amendment (File No. 014-10-14) 650 Barrick Road

Council resolved:

1. That Council of the City of Port Colborne approve the Zoning By-law Amendment, attached hereto as Appendix A, rezoning the land from "RD (Residential Development) to "R1 -H (First Density Residential - Holding)".


2. 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.

3. That pursuant to the provisions of Section 34(17) of the Planning Act, no further notice of public meeting be required.

6. Department of Planning & Development, 2014-78, Subject: Recommendation Report for a Zoning By-law Amendment (File No. 014-11 -14) East Side of Brookfield Road

Council resolved:

1. That Council of the City of Port Colborne approve the Zoning By-law Amendment, attached hereto as Appendix A, rezoning the land from "A (Agricultural)" to "A-380 (Agricultural Purposes Only)".

2. 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.

3. That pursuant to the provisions of Section 34(17) of the Planning Act, no further notice of public meeting be required.

7. Department of Planning & Development, Report No. 2014-80, Information Report - Waiving of Industrial and Commercial Development Charges

Council resolved:

That Council receive this report for information purposes.

8. Department of Planning & Development, Report No. 2014-82, Subject: Request to Reduce Application Fees for Land Severances at 727 Pleasant Beach Road - Michael and Jennifer Eberly

Council resolved:

1. That Council respectfully decline the request to reimburse all or a portion of the fees for the three consent applications at 727 Pleasant Beach Road.

2. That Brian Lambie be so notified.

10. Department of Planning & Development, Report No. 2014-81, Subject: Agreement of Purchase and Sale - 2440240 Ontario Inc. for Lands on the South Side of Stonebridge Drive

Council resolved:

1. That Council accept the offer to purchase Part 44 on Plan 59R-3863 except Parts 2 & 3 on Plan 59R-13616, for the purchase price of $30,000 plus HST from 2440240 Ontario Inc.; and further that the by-law authorizing the City enter into an agreement of purchase and sale be prepared.

2. That the City Solicitor be authorized to prepare the necessary documents and take such action as is necessary to register the by-law on title and complete the closing and sale.


3. That the Mayor and Clerk be authorized to sign and execute any and all documents respecting the sale of these lands.

11. Department of Community & Corporate Services, Report No. 2014-36, Cancellation, reduction or refund of Realty tax for 2014 taxation year for the address of 259 Steele St. and 3894 Forkes Rd. and write off of taxes for King St. and Chestnut St. for the taxation years 2011 to 2014

Council resolved:

The Council approves the applications pursuant to Section 357, numbered 2014-08 and 2014-09 to cancel or reduce taxes in the total amount of $205.44.

The Council approves the Treasurer's recommendations pursuant to Section 354 2(a), numbered 2014-02 and 2014-03, 2013-07, 2012-02 and 2011-02 to write off taxes in the total amount of $8,073.26.

12. Department of Community & Corporate Services, Community Services Division, Report No. 2014-28, Subject: Canal Days Marine Heritage Festival 2014 Post Mortem Report

Council resolved:

That Council receives the 2014 Canal Days Marine Heritage Festival Report for information; and that staff devise a budget outline for 2015 budget deliberations.

13. Department of Community & Corporate Services, Special Events Division, Report No. 2014-29, Subject: Santa Claus Parade Request for Road Closures

Council resolved:

A. That Council hereby approves and authorizes the closure of the following roads for the purpose of staging the Santa Claus Parade by prohibiting general vehicular traffic and parking by the public, with the exemption of: ambulance, police and/or fire department vehicles, or any other vehicles required in the case of an emergency that may include public works vehicles, public utility vehicles or authorized by permit only, beginning at 4:00 p.m. Saturday, December 6, 2014 until 6:30 p.m., which includes the assembly of the parade entrants along:

Fielden Avenue from the southern limit of Killaly Street to the southern limit of Elgin Street; and

Elgin Street from the western limit of Elm Street to the eastern limit of Steele Street.

B. That Council hereby approves and authorizes the prohibition of street parking for purpose of hosting the Santa Claus Parade route beginning at 4:00 p.m. Saturday, December 6, 2014 until 9:00 p.m. to allow for safe viewing of the parade from sidewalks along:

Clarence Street from the western limit of Fielden Avenue to the eastern limit of West Street; and

Charlotte Street from the western limit of Elm Street to the eastern limit of West Street.


14. Department of Planning & Development, Report No. 2014-72, Subject: Parking Enforcement - By-law Appointment of Devon Sherry

Council resolved:

That the Council of The Corporation of the City of Port Colborne appoint Devon Sherry as Municipal Law Enforcement Officer.

Miscellaneous Correspondence

15. Memorandum from Harry S. Hakim, Manager of Community Services Re Canal Days Marine Heritage Festival Service Providers

Council resolved:

1. That Council of The Corporation of the City of Port Colborne approve the recommendation made by the Canal Days Committee to secure an additional three (3) year agreement with each Canal Days vendor that includes: TNR Productions, Red Boss Pyrotechnic, Star Security, Townsend Amusements, SG Electrical, St. Catharines Transit, OCI -portable washroom services;

2. That staff be directed to execute the appropriate agreements in line with the recommendation and secure an additional three (3) year service agreement with up to a 2.5% annual increase with each Canal Days vendor; and

3. That Council direct the City Clerk to execute the appropriate by-laws for each of the Canal Days service providers for the Mayor and Clerk to execute on behalf of the Corporation.

16. Region of Niagara Re Parking Prohibition - Regional Road 5 (Killaly Street), City of Port Colborne (PW Report 91-2014)

Council resolved:

That the correspondence received from the Region of Niagara Re Parking Prohibition - Regional Road 5 (Killaly Street), City of Port Colborne (PW Report 91-2014), be received for information.

17. Ruth A. Dolan, Co-leader of the Toronto Chapter Support Group, Member of the Board of Directors, Pulmonary Hypertension Association of Canada Re Request for Proclamation of November is Pulmonary Hypertension Month

Council resolved:

That the month of November 2014 be proclaimed as "Pulmonary Hypertension Month" in the City of Port Colborne in accordance with the request received from Ruth A. Dolan, Co-leader of the Toronto Chapter Support Group, Member of the Board of Directors, Pulmonary Hypertension Association of Canada.

18. Liz Palmieri, Executive Director of the Niagara Community Foundation Request for Proclamation of November is Philanthropy Month

Council resolved:

That the month of November 2014 be proclaimed as "Philanthropy Month" in the City of Port Colborne in accordance with the request received from Liz Palmieri, Executive Director of the Niagara Community Foundation.


19. Sarah Burtch, Women's Community Development Co-ordinator, Positive Living Niagara Request for Proclamation of World AIDS Day, December 1 2014

Council resolved:

That December 1, 2014 be proclaimed as "World AIDS Day" in the City of Port Colborne in accordance with the request received from Sarah Burtch, Women's Community Development Co-ordinator of Positive Living Niagara.

20. J. W. Tiernay, Executive Director of the Ontario Good Roads Association Re Accepting Nominations to the 2015 I 2016 Board of Directors, Ontario Good Roads Association

Council resolved:

That the correspondence received from J.W. Tiernay, Executive Director, Ontario Good Roads Association Re Accepting Nominations to the 2015 I 2016 Board of Directors, Ontario Good Roads Association, be received for information.

21. Virginia Amato, Executive Assistant to the General Mgr. Niagara Regional Housing, Re Niagara Regional Housing (NRH) Quarterly Report to Council (July 1, 2014 - September 30, 2014)

Council resolved:

That the correspondence received from Virginia Amato, Executive Assistant to the General Mgr. Niagara Regional Housing, Re Niagara Regional Housing (NRH) Quarterly Report to Council, be received for information.

Outside Resolutions - Requests for Endorsement

22. Region of Niagara Re Bill 8, Public Sector and MPP Accountability and Transparency Act, 2014

Council resolved:

CARRIED.

That the resolution received from the Region of Niagara Re Bill 8, Public Sector and MPP Accountability and Transparency Act, 2014, be received and supported.

7. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION

9. Department of Planning & Development, Report No. 2014-83, Subject: Sale of 80 Nickel Street and parcel at the northeast corner of Nickel and Mitchell Street

No. 246 Moved by Councillor W. Steele Seconded by Councillor A. Desmarais

1. That Council declares 80 Nickel Street and Lots 20 to 23, and Part Lot 24 on Plan 857, as surplus to the City's needs.

2. That Council enters into an Agreement of Purchase and Sale with Shivitra Bickram (attached hereto) for the sale of 80 Nickel Street for the purchase price of $45,000 (plus HST).

Minutes. Thirty Third Meeting (Regular} of Council, November 10, 2014 of10

3. That Counci l enters into an Agreement of Purchase and Sale with Shivitra Bickram (attached hereto) for the sale of Lot 26 on Plan 857 for the purchase price of $5,000 (plus HST).

4. That the City Clerk prepares the necessary by-law for Council's approval.

5. That the Mayor, Clerk and City Solicitor be authorized to sign and execute any and all documents respecting the sale of these lands.

CARRIED.

8. PROCLAMATIONS

(a) Pulmonary Hypertension Month, November 2014

No. 247 Moved by Councillor W. Steele Seconded by Councillor 8. Kenny

WHEREAS Pulmonary Hypertension, PH, is a disease affecting the arteries of the lungs. It can strike anyone regardless of age, sex, social or ethnic background;

AND WHEREAS in Pulmonary Hypertension, (which means high blood pressure in the lungs), the arteries of the lungs become narrowed and scarred, which can result in almost complete closing of the arteries;

AND WHEREAS people affected with this disease suffer from continuous high blood pressure in the lungs which results in an enlargement of the heart, and can lead to heart failure and death;

AND WHEREAS some symptoms of pulmonary hypertension are: shortness of breath, (especially with activity); bluish or purplish hands, feet and lips; swelling of hands and feet; lightheadedness/dizziness, especially when climbing stairs or standing up; chest pain, especially with physical activity; feeling tired all the time; and sometimes even fainting;

AND WHEREAS the somewhat "generic" symptoms, as seen above, often get mistaken for other less serious illnesses and conditions such as asthma; patients therefore experience significant delays in receiving lifesaving treatments that can slow the progress of the disease;

NOW THEREFORE, I, Mayor, Vance M. Badawey, proclaim the Month of November 2014 to be "Pulmonary Hypertension Month" and encourage all citizens of Port Colborne to visit www.phacanada.ca for more information. CARRIED.

(b) Philanthropy Month, November 2014

No. 248 Moved by Councillor Y. Doucet Seconded by Councillor D. Elliott

WHEREAS philanthropy involves a generosity of spirit, a desire to help and a firm belief that you can make a difference in your community regardless of how much or how little you have to give;

AND WHEREAS National Philanthropy Day on November 15th recognizes and celebrates the profound impact that philanthropy - and those people active in the philanthropic community - have made to our lives, our communities and our world;

Minutes, Thirty Third Meeting (Regular) of Council, November 10, 2014 of10

AND WHEREAS the Niagara Community Foundation has taken this one day celebration and extended it to a month of activities and events connected to philanthropic initiatives through November, starting November 7th with Random Act of Kindness Day;

NOW THEREFORE, I, Mayor, Vance M. Badawey, proclaim November 2014 as Philanthropy Month in the City of Port Colborne. I encourage citizens to participate in the various events throughout the community and to help all achieve their philanthropic dreams - big and small - that celebrate the spirit of philanthropy. CARRIED.

(c) World AIDS Day, December 1, 2014

No. 249 Moved by Councillor R. Bodner Seconded by Councillor B. Butters

WHEREAS HIV/AIDS remains an urgent public concern worldwide, in Niagara it is estimated that more than 550 people are living with HIV;

AND WHEREAS HIV related stigma and discrimination can prevent people from getting the treatment and care needed to strengthen their health and well-being;

AND WHEREAS myths and misinformation about HIV related issues limits people's capacity to make healthier choices which contributes to the spread of HIV infections;

AND WHEREAS we recognize the important role the community of Niagara has in achieving the World Health Organizations goal of "Getting to Zero: Zero new HIV infections, Zero discrimination, Zero AIDS related deaths" by 2015;

NOW THEREFORE, I, Mayor, Vance M. Badawey, proclaim December 1, 2014 as 'World AIDS Day" in the City of Port Colborne. CARRIED.

9. MINUTES OF BOARDS. COMMISSIONS & COMMITTEES

(a) Minutes of the Port Colborne Public Library Board Meeting of September 9, 2014

(b) Minutes of the Canal Days Advisory Committee Meeting of September 17,2014

(c) Minutes of the Port Colborne Transit Advisory Committee Meeting of July 23, 2014

No. 250 Moved by Councillor W. Steele Seconded by Councillor F. Danch

(a) That the Minutes of the Port Colborne Public Library Board Meeting of September 9, 2014 be received;

(b) That the Minutes of the Canal Days Advisory Committee Meeting of September 17, 2014 be received;

(c) That the Minutes of the Port Colborne Transit Advisory Committee Meeting of July 23, 2014 be received.

CARRIED.

10. NOTICE OF MOTION

Councillor Doucet provided notice of his intention to introduce a motion at the November 24, 2014 Committee of the Whole/Council meeting with respect tax relief for seniors.

Minutes, Thirty Third Meeting (Regular) of Council, November 10, 2014 of10

11. INTRODUCTION, CONSIDERATION AND PASSAGE OF BY-LAWS

By-laws for Three Readings

No. 251 Moved by Councillor B. Butters Seconded by Councillor B. Kenny

That the following by-laws be read a first, second and third time and passed:

• 6145/111 /14 Being a By-law to Amend Zoning By-law 1150/97 /81, and as Amended, Respecting Part of Lot 32, Concession 2, Geographic Township of Humberstone in the City of Port Colborne, Regional Municipality of Niagara and Municipally Known as 650 Barrick Road

• 6146/112/14 Being a By-law to Amend Zoning By-law 1150/97 /81, as Amended, Respecting Lands Legally Known as Part of Lot 8, Concession 5, Former Township of Humberstone, Now in the City of Port Colborne, Regional Municipality of Niagara; Located on the East Side of Brookfield Road

• 6147/113/14 Being a By-law to Authorize Entering Into an Agreement of Purchase and Sale with Shivitra Bickram Respecting 80 Nickel Street and Lots 20 to 23 and Part Lot 24, Plan 857

• 6148/114/14 Being a By-law to Authorize Entering Into an Agreement of Purchase and Sale with 2440240 Ontario Inc., Respecting Part 44 on Plan 59R-3863 except Parts 2 & 3 on Plan 59R-13616 (Vacant Land, south side Stonebridge Drive)

• 6149/115/14 Being a By-law to Close Temporarily to Vehicular Traffic Sections of Various Streets for Purposes of the 2014 Santa Claus Parade

• 6150/116/14 Being a By-law to Appoint the Named Blue Knight Security Employee(s) as a By-law Enforcement Officer

• 6151 /117 /14 Being a By-law to Authorize Entering Into Contract Agreements with Various Service Providers for Purposes of the Canal Days Marine Heritage Festival

• 6152/118/14 Being a By-law to Authorize Entering Into a Contract Agreement with Dr. Alan Daniel Respecting the Maintenance of a Family Health Organization in Port Colborne, The Former Practice of Dr. Jeff Remington

CARRIED.

12. CONFIRMATORY BY-LAW

No.252 Moved by Councillor R. Bodner Seconded by Councillor F. Danch

That the following by-law be read a first, second and third time and passed:

• 6153/119/14 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 November 10, 2014

CARRIED.

13. ADJOURN

No. 253 Moved by Councillor F. Danch Seconded by Councillor W. Steele

AG/dd

That there being no further business, the Council meeting be adjourned at approximately 9:36 p.m·: CARRIED. . /

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Vance M. Badaw MAYOR

Ashley Grigg CITY CLERK

the thirty third meeting (regular) of the port colborne ...canaldays.ca/filebin/library/11-10-14...

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