Mayor Vance Badawey presided with the following members in attendance:
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1 The "TWENTY FOURTH MEETING" (REGULAR) of the Port Colborne City Council was held at the Municipal Offices, 66 Charlotte Street, Port Colborne on Monday, August 11, 2014 commencing at approximately 8:13 p.m. ATTENDANCE Mayor Vance Badawey presided with the following members in attendance: COUNCILLORS A. Desmarais F. Danch R. Bodner Y. Doucet B. Kenny Absent: D. Elliott (due to a work commitment), W. Steele (due to vacation), B. Butters (due to vacation) REGIONAL COUNCILLOR: STAFF: Absent: D. Barrick T. Cartwright Acting Chief Administrative Officer/Fire Chief A. Grigg, City Clerk D. Aquilina, Director of Planning & Development R. Hanson, Director of Engineering & Operations S. Corr, Acting Treasurer/Manager of Revenue & Taxation H. Hakim, Acting Director of Community and Corporate Services/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 - MAYOR VANCE BADAWEY 1. INTRODUCTION OF ADDENDUM ITEMS 2. CONFIRMATION OF THE AGENDA No. 162 Moved by Councillor A. Desmarais Seconded by Councillor Y. Doucet That the agenda dated August 11, 2014 be confirmed as circulated. 3. DISCLOSURES OF INTEREST 4. ADOPTION OF MINUTES (a) Minutes of the Twentieth Meeting (Special) of Council of July 28, 2014 (b) Minutes of the Twenty-First Meeting (Regular) of Council of July 28, 2014 (c) Minutes of the Twenty-Second Meeting (Special) of Council of July 30,2014
2 Minutes, Twenty Fourth Meeting (Regular) of Council, August 11, 2014 Page 2 of 8 No. 163 Moved by Councillor Y. Doucet Seconded by Councillor F. Danch (a) That the Minutes of the Twentieth Meeting (Special) of Council of July 28, 2014 be adopted as circulated; (b) That the Minutes of the Twenty-First Meeting (Regular) of Council of July 28, 2014 be adopted as circulated; (c) That the Minutes of the Twenty-Second Meeting (Special) of Council of July 30, 2014 be adopted as circulated. 5. DETERMINATION OF COUNCIL ITEMS REQUIRING SEPARATE DISCUSSION The following item was identified for separate discussion: Item ADOPTION OF COUNCIL ITEMS NOT REQUIRING SEPARATE DISCUSSION No. 164 Moved by Councillor Y. Doucet That Items 1 to 14 on the regular agenda be approved, as amended at the Committee of the Whole Meeting of August 11, 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 Engineer ing and Operations, Engineering Division, Report No , Subject: Killaly Street West Reconstruction - Lion's Field Accessible Parking Spaces Request A. That the Council of the City of Port Colborne, by resolution, support the recommendation to request two (2) accessible parking spaces be created in the parking area along the Lion's Field on the south side of Killaly Street West (Regional Road 5) at the east end of the parking area along the Lion's Field by amending the Region of Niagara's By-law , as per the attached sketch (Attachment 1 ). 8. That Council amends the City Standard for future sidewalk re-builds to include a sloping curb where an accessible parking stall is to be located, particularly where the curb is 4" or more in height. C. That Council directs staff to add an asphalt apron leading from the sidewalk into Lions Park to provide better transition from the sidewalk to the stone. 2. Department of Engineering and Operations, Engineering Division, Report No , Subject: Proposed Elm Street Watermain Design and Installation That the Council of the City of Port Colborne approves the funding of the Elm Street Watermain Replacement at a total estimated cost
3 Minutes, Twenty Fourth Meeting (Regular) of Council, August 11, 2014 Page 3 of 8 of $1.2 million and that a Letter of Commitment be prepared authorizing the Region of Niagara to proceed with the design and tendering of the project. 3. Department of Planning and Development, Report No , Subject: Proposed On-Street Permit Parking By-law 1. That the Council of the City of Port Colborne approve the proposed by-law to establish a permitting system for the Parking of Vehicles on Designated Highways within the City of Port Colborne. 2. That the Council of the City of Port Col borne approve the proposed by-law amendment to establish a system for Administrative Penalties Respecting the Stopping, Standing and Parking of Vehicles within the City of Port Colborne. 4. Department of Planning and Development, Report No , Subject: Lame Duck Council, Delegation of Certain Authority That a by-law be passed to delegate the authority of the Council of the City of Port Colborne to the Chief Administrative Officer and the Director of Planning and Development to dispose of lands previously approved/directed for disposal, all in accordance with the policies for such disposition. 5. Department of Planning and Development, Report No , Subject: Noise Variance Fee Update That staff be directed to administer all applications for a temporary Noise Variance under the authority of subsection 8(1) of By-law 4588/119/04, Being a By-law to Regulate Noise. That By-law 4588/119/04, Being a By-law to Regulate Noise, as Amended, be amended by adding thereto the following: Schedule "5": By-law Noise Variance - Private Function Taking Place on Private Property Noise Variance - Private Function Taking Place on City Property Variance Fee $ (non-refundable) $ (non-refundable) That By-law /11, Being a By-law to Establish a Schedule of Rates and Fees for the By-law Enforcement Division for the Year 2012, be amended by deleting paragraph 6 in its entirety. That By-law 5780/35/12, Being a By-law to Amend Noise By-law 4588/119/04, as Amended, be amended by deleting paragraph 3 in its entirety.
4 Minutes, Twenty Fourth Meeting (Regular) of Council, August 11, 2014 Page 4 of 8 6. Department of Planning and Development, Report No , Subject: Application to Alter Heritage Property, Tennessee Avenue Gates & Retaining Wall in Front of 14 Catharine Street 1. That the Courncil of the City of Port Colborne approve the restoration of the westerly Tennessee Avenue Gate and retaining wall in front of 14 Catharine Street in accordance with Section 33.1 of the Ontario Heritage Act and the Scope of Work attached hereto as Appendix "B". 2. That the Ontario Heritage Foundation be so notified. 7. Department of Planning and Development, Report No , Subject: Parking for Persons with Disabilities - Catharine Street That the Council of the City of Port Colborne adopt by by-law an amendment to By-law 4310/146/02, Being a By-law to Regulate On and Off Street Parking for Persons With Disabilities, by deleting from Schedule "I" therefrom the following: Column 1 Column 2 Column 3 Column 4 Highway Side From To Times/Day Catharine East 9 m north limit 3.5 m north of Anytime Street of Charlotte the north limit of Street Charlotte Street Miscellaneous Correspondence 8. correspondence from Matthew Sorge, received July 29, 2014, requesting an amendment in order to permit the keeping of chickens within the Urban Area That the correspondence from Matthew Sorge, requesting an amendment in order to permit the keeping of chickens within the Urban Area, be referred to the Director of Planning and Development for report; and, That the memorandum from Shannon Larocque, Planner, Re: Chickens in the Urban Area, be received for information. 9. Region of Niagara Re 2014 Claw Back Percentages and Municipal Tax Adjustments (CSD Report ) That the correspondence received from the Region of Niagara Re 2014 Claw Back Percentages and Municipal Tax Adjustments (CSD Report ), be received for information. 10. Region of Niagara Re Urban Area Boundary Modification City of Welland (PDS Report )
5 Minutes, Twenty Fourth Meeting (Regular) of Council, August 11, 2014 Page 5 of 8 That the correspondence received from the Region of Niagara Re Urban Area Boundary Modification City of Welland (PDS Report ), be received for information. 11. Region of Niagara Re Imagine Niagara Update and Results of Public Consultation (PDS Report ) That the correspondence received from the Region of Niagara Re Imagine Niagara Update and Results of Public Consultation (PDS Report ), be received for information. 12. Region of Niagara Re 2015 Regional Municipal Comprehensive Review (PDS Report ) That the correspondence received from the Region of Niagara Re 2015 Regional Municipal Comprehensive Review (PDS Report ), be received for information. 14. Correspondence received from Chris Polegato, Associate Director, South Niagara Life Centre Ministries, Re Request for Proclamation of October 2014 as "South Niagara Life Centre Ministries Awareness Month" That the month of October be proclaimed "South Niagara Life Centre Ministries Awareness Month" in accordance with the request received from Chris Polegato, Associate Director, South Niagara Life Centre Ministries. 7. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 13. Correspondence from Sylvie Cloutier, General Manager, Caisse Populaire Welland, Re Killaly Street, Request to Waive Minor Variance Fee No. 165 Moved by Councillor R. Bodner That the correspondence from Sylvie Cloutier, General Manager, Caisse Populaire Welland, Re Killaly Street, Request to Waive Minor Variance Fee be received for information; and That Sylvie Cloutier be so notified. No. 166 Moved in amendment by Councillor R. Bodner That the main motion be amended by striking out the words "received for information" and inserting the words "be denied".
6 Minutes, Twenty Fourth Meeting (Regular) of Council, August 11, 2014 Page 6 of 8 The vote was then called on the main motion, as amended, as follows: That the request from Sylvie Cloutier, General Manager, Caisse Populaire Welland, to waive Minor Variance Fee be denied; and That Sylvie Cloutier be so notified. 8. PROCLAMATIONS (a) South Niagara Life Centre Ministries Awareness Month - October 2014 No. 167 Moved by Councillor B. Kenny Seconded by Councillor F. Danch WHEREAS South Niagara Life Centre Ministries' Vision Statement is "Helping People Resolve Life Crisis, Issues, and Problems"; AND WHEREAS South Niagara Life Centre Ministries' (SNLM) counseling, health and wellness services, are freely offered, to all people, at 143 Gilmore Road five days a week in Fort Erie, and in their contact office at 268 Charlotte Street in Port Colborne one half day a week Wednesday afternoons; AND WHEREAS SNLM is a multi-counselling service provider, offering 29 categories of free and confidential health and wellness services and programs to all who enquire. These are in a variety of areas of crisis and emergency situations, needing timely counsel and ongoing programming. Key ongoing areas of counsel are marriage and family relationships, anger and conflict resolution, depression and anxiety, budgeting, child apprehension assistance, parenting, food and clothing resources through their Earn-As-You-Learn Life Skill classes, Project Keepsake sexual health and wellness curriculum, abuse, self-cutting, suicide intervention, and more; AND WHEREAS SNLM acknowledges its need to cultivate ongoing public awareness regarding opportunities to serve the public, and the services themselves, freely offered to all; AND WHEREAS SNLM has a web site, at to offer information; AND WHEREAS SNLM invites guests to attend their public awareness campaign 'kick off on Saturday, September 27th being held in Fort Erie in conjunction with SNLM's Sugarbowl Walk & Roll Fundraising Campaign, at the Fort Erie Library Sugarbowl Park from 10:00 am to 1 :30 pm, and their "October SNLM Awareness Tour" at the Fort Erie location, Monday, October 20th at 4:00 p.m. and their awareness campaign finale on Friday, October 24th, being held in Port Colborne in conjunction with SNLM's Hope-for-Life Fundraising Dinner event, at the Brebeuf Hall at 300 Killaly St. E. from 6:00 p.m. to 8:30 p.m. Please come as their guest and consider bringing others by calling NOW THEREFORE, I, Mayor Vance M. Badawey, proclaim the month of October 2014 as "South Niagara Life Centre Ministries Awareness Month" in the City of Port Colborne.
7 Minutes, Twenty Fourth Meeting (Regular) of Council, August 11, 2014 Page 7 of 8 9. MINUTES OF BOARDS, COMMISSIONS & COMMITTEES (a) Minutes of the Port Colborne Historical & Marine Museum Meeting of June 17, 2014 (b) Minutes of the Accessibility Advisory Committee Meeting of July 30, 2014 (draft) No. 168 Moved by Councillor R. Bodner Seconded by Councillor F. Danch (a) That the Minutes of the Port Colborne Historical & Marine Museum Meeting of June 17, 2014 be received; (b) That the Minutes of the Accessibility Advisory Committee Meeting of July 30, 2014 (draft) be received. 10. NOTICE OF MOTION 11. INTRODUCTION, CONSIDERATION AND PASSAGE OF BY-LAWS No. 169 Moved by Councillor F. Danch Seconded by Councillor Y. Doucet That the following by-laws be read a first, second and third time and passed: 6116/82/14 Being a By-law to Establish a Permitting System for the Parking of Vehicles on Designated Highways within the City of Port Colborne 6117/83/14 Being a By-law to Amend By-law 6082/48/14, Being a Bylaw to Establish a System for Administrative Penalties Respecting the Stopping, Standing and Parking of Vehicles 6118/84/14 Being a By-law to Delegate Authority to the Chief Administrative Officer and the Director of Planning and Development Under Section 275 of the Municipal Act, 2001, For the Purposes of Restricted Acts After Nomination Day 6119/85/14 Being a By-law to Amend By-law 4588/119/04, Being a By-law to Regulate Noise and to Amend By-laws 5721/152/1 1 and 5780/35/ /86/14 Being a By-law to Amend By-law No. 4310/146/02, Being a By-law Prescribing On and Off Street Parking For Persons With Disabilities Within the City of Port Colborne 12. CONFIRMATORY BY-LAW No. 170 Moved by Councillor B. Kenny That the following by-law be read a first, second and third time and passed: 6121/87/14 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 August 11, 2014
8 Minutes, Twenty Fourth Meeting (Regular) of Council, August 11, 2014 Page 8 of COUNCIL IN CLOSED SESSION -8:31 P.M. No. 171 Moved by Councillor B. Kenny Seconded by Councmor A. Desmarais That Council proceed in closed session in order to address the following matter(s): (a) (b) Minutes of the closed session portion of the July 28, 2014 Regular Council meeting Verbal report from the Mayor regarding correspondence received by the Mayor's Office on July 24, 2014 concerning the potential disposition 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 (c) Department of Planning and Development Report No concerning the potential disposition 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 No. 172 Moved by Councillor Y. Doucet That Council do now rise from closed session without report at approximately 8:59 p.m. 14. DISLOSURES OF INTEREST ARISING FROM CLOSED SESSION 15. MOTIONS ARISING FROM CLOSED SESSION 16. ADJOURN No. 173 Moved by Councillor F. Danch That there being no further business, the Council meeting be adjourned at approximately 9:00 p.m. Ashley Grigg CITY CLE~======---=:::=::::- AG/ag
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