regular council #28-2006 -...

REGULAR COUNCIL #28-2006

Monday, September 25, 2006 Meeting called to order at 7:30p.m. City Hall - 360 Pitt Street, Cornwall

232-2006

PRESENT: Mayor Phil Poirier, Councillors Naresh Bhargava, Joel Cote Glen Grant, Perl) Lalonde, Korey Kennedy, Jacques Lemire, Mark MacDonald, Denis Moquin, Leslie O'Shaughnessy and Chris Savard

ADMINISTRATION: Paul W. Fitzpatrick, Chief Administrative Officer, Denise Labelle-Gelinas, City Clerk, Manon Poirier, Stephen Alexander, Richard Bourdeau, Robert Menagh, Mark Boileau, Fernand Hamelin, Debora Daigle and Monique Gunn

Mayor Phil Poirier called the meeting to order at 7:30 p.m.

INVOCATION City Clerk

NATIONAL ANTHEM Assembly

ADDITIONS I CORRECTIONS I DELETIONS

Addition of By-law 184-2006 which By-law is to authorize The Corporation of the City of Cornwall to purchase lands legally described as Part of Lot 13, Concession 2, City of Cornwall, County of Stormont, now designated as Part 1 on Reference Plan 52R-5148 (1641 Brookdale Avenue).

DISCLOSURE OF INTEREST

Councillor Chris Savard declared an interest in Consent #8 "Planning Advisory and Hearing Committee - Corner of Ninth Street and Cumberland Street (Former Cowal Site) Stage II Brownfields Application by North American", citing that he is the General Manager of the Cornwall Square and this issue is in regards to a competitor to his employer.

COMMITTEE OF THE WHOLE

233-2006 Monday, September 25, 2006

Moved by Councillors Denis Moquin and Perry Lalonde that Council go into the Committee of the Whole and that all Minutes, Presentations, Delegations, Resolutions, Consent/Correspondence, Reports and By-laws 175-2006 to 184-2006 be referred to that Committee and that the Agenda of the Committee of the Whole for the meeting of Monday, September 25, 2006, be approved.

A recorded vote on this matter resulted as follows: For: Councillors Joel Cote, Glen Grant, Naresh Bhargava, Denis Moquin, Mark MacDonald,

Korey Kennedy, Perry Lalonde, Jacques Lemire, Leslie O'Shaughnessy, Chris Savard and Mayor Phil Poirier

Motion Carried

GENERAL CONSENT

ADOPTION OF MINUTES

The Minutes of Regular Meeting of Council #27-2006 of Monday, September 11, 2006, were presented for adoption. There being no corrections noted, the Minutes stand approved.

PRESENTATIONS

1. St. Lawrence River Institute Update

In an effort to keep Council members and the citizens of Cornwall abreast of recent developments with the St. Lawrence River Institute, Mr. Bill Knight, President of the St. Lawrence River Institute, spoke about the partnership the Institute has with high schools where students participate in field and lab experiments and with St. Lawrence College where students obtain part of their education from the scientists.

Dr. Jeff Ridal, Executive Director of the St. Lawrence River Institute, went through a Power Point presentation updating Council about various research projects, recent discoveries and community action. Dr. Ridal went on to speak about the 2005 Source Water Protection Conference where 240 delegates participated. Dr. Ridal concluded his presentation by speaking about the Institute's partnerships with Clarkson University, Carleton University, Environment Canada and the Ministry of the Environment.

DELEGATIONS

BY-LAWS

175-2006

176-2006

A By-law to authorize The Corporation of the City of Cornwall to enter into Amending Franchise Agreements with CDH District Heating Limited and Fortis Ontario Inc.;

A By-law to authorize The Corporation of the City of Cornwall to enter into an amended Purchase of Service Agreement with A Child's Secret Garden;

177-2006

178-2006

179-2006

180-2006

181-2006

182-2006

183-2006

184-2006

234- 2006

Monday, September 25, 2006

A By-law to authorize the temporary closing of various streets in Earners Corners for road rehabilitation;

A By-law to authorize the temporary closing of Pitt Street between Second Street and Third Street with respect to work performed for the Pitt Street parking lot;

A By-law to authorize The Corporation of the City of Cornwall to enter into an Agreement of Purchase and Sale with Amazing Waste Disposal Limited;

A By-law to further amend By-law 751-1969, the Zoning By-law as amended of The Corporation of the City of Cornwall, being a By-law respecting the use of land and the use and location of buildings (600 Campbell Street- Cornwall Warehousing Limited and Children's Treatment Centre};

A By-law to authorize The Corporation of the City of Cornwall to enter Into a Condominium Agreement with C. H. Clement Construction Inc. (Cornwallis Condominium} on lands legally described as all units and common elements comprising the property included in Stormont Condominium Plan in the City of Cornwall, County of Stormont, registered in the Land Titles Division of Stormont #52;

A By-law to amend By-law 069-1989 known as the Traffic By-law - Schedule XII Designated Traffic Lanes by adding parts of Second Street;

A By-law to amend By-law 069-1989 known as the Traffic By-law- Schedule XVI Yield Signs by adding the intersection at East Ridge Drive and Heron Court.

A By-law to authorize The Corporation of the City of Cornwall to purchase lands legally described as Part of Lot 13, Concession 2 , City of Cornwall, County of Stormont, now designated as Part 1 on Reference Plan 52R-5148 (1641 Brookdale Avenue. Prevost property).

CONSENT

1. Proclamation - World Hospice Day

That Council approve the request by the Victorian Order of Nurses Eastern Counties Branch and proclaim October 7, 2006, as "Hospice Awareness Week" in the City of Cornwall in recognition of the meaningful contribution made by compassionate volunteers and professionals of the hospice palliative care movement.

2. Proclamation and Flag - Lupus Awareness Month

That Council approve the request made by the Lupus Foundation of Ontario and proclaim the nnonth of October, 2006, as "Lupus Awareness Month" in the City of Cornwall and that its flag be flown at the Justice Building from October 1 to October 14, 2006, (pursuant to Corporate Policy CL.05-02 "Flag Policy") in order to bring awareness, education and help in obtaining a proper diagnosis along with suggestions on how to manage and cope with lupus.

3. Proclamation and Flag - Foster Family Week


That Council approve the request made by The Children's Aid Society of the United Counties of Stormont, Dundas and Glengarry and proclaim the week of October 15 to 21 , 2006, as "Foster Family Week" in the City of Cornwall and that its flag be flown at the Justice Building during that week (pursuant to Corporate Policy CL.OS-02 "Flag Policy") in order to recognize the contribution that foster families make in our community.

4. Flag - United Way

That Council approve the request made by United Way of Stormont, Dundas and Glengarry and that its flag be flown at the Justice Building during the month of October (pursuant to Corporate Policy CL.OS-02 "Flag Policy").

5. Legion Park's Appropriation for Ice Pads

That Council refer the request made by The Royal Canadian Legion John McMartin Memorial Branch No. 297 for confirmation that the Legion Park is not being considered for appropriation for the proposed ice pads to administration for report.

6. Staff Replacement • Manager, Emergency Medical Services

That Council authorize the replacement of the position of Manager, Emergency Medical Services, pursuant to Report CAO #23-2006 prepared by Paul W. Fitzpatrick, Chief Administrative Officer, under date of September 19, 2006.

7. Planning Advisory and Hearing Committee- 600 Campbell Street Cornwall Warehousing Limited and Ontario Children's Treatment Centre

(a) That the request for the subject Temporary Use By-law Amendment, for up to three (3) years, at 600 Campbell Street be approved;

(b) That City Administration, including both Economic Development and Planning staff, review the Industrial Park Zoning with respect to future land use direction and office space uses in the Park, for example; and

(c) That, over the next three-year period, City Administration, in conjunction with such organizations as Heart of the City (HOTC) and Groupe Renaissance Group, assist the Ottawa Children's Treatment Centre to find a more appropriate office location, as per Official Plan policy, for its specific use,

pursuant to Report PAC #08-2006-1, prepared by Ken D. Bedford, MCIP, RPP, Senior Planner, under date of September 18, 2006.

8. Planning Advisory and Hearing Committee

236- 2006


Corner of Ninth Street and Cumberland Street (Former Cowall Site) Stage II Brownfields Application by North American

(a) PAC supports the CPPEC recommendations of their September 8, 2006 meeting to accept in principle the North American funding request, as interpreted by CPPEC and that the applicable Brownfields programs be utilized to fund said request;

(b) PAC/Council direct staff to work with North American to formulate a mutually acceptable Legal Funding Agreement, detailing the Final Funding Formulas based on a combination of the CIP Brownfields program and amended Provincial Legislation and that a DRAFT document be brought back to PAC/Council for Review prior to being finalized for execution;

(d) Clarification be sought from the Province with respect to whether or not "Pollution Liability Insurance" is covered under "Property Insurance" as an eligible Remediation cost in the Provincial Legislation. If so, said cost should be included as an eligible Remediation Cost in this North American request and funded accordingly;

(e) In the event of any need for further clarification on any related issues, staff report back to PAC/Council for final directions and may be incorporated as conditions in the subject Funding Agreement; and

(f) Based on various commentary at the PAC meeting by Staff and PAC members, that matters such as the following be satisfactorily addressed and may be incorporated as conditions in the subject Funding Agreement: • Risk Assessment completed by the Proponent and accepted by the Ministry of

Environment; • No physical remediation work to be performed until the Official Plan Amendment

and Rezoning have been approved and based on satisfactory review of appropriate studies for development, completed by North American, including Market Impact, Traffic Impact, Servicing and Site Plan, for example;

• Details of actual numbers and quantities and unit prices (i.e., tipping fees) be finalized.

"' A full update of the City's Brownfields C.I.P. take place to properly reflect recent Provincial Legislation changes and in consultation, as required by Staff/CPPEC, with the City's original Brownfields C.I.P. Consultant, being the IBI Group. (This item to be conducted separate and distinct from the North American file.),

pursuant to Report PAC #08-2006-2 prepared by Ken D. Bedford, MClP, RPP, Senior Planner, under date of September 18, 2006.

ADOPTION OF GENERAL CONSENT

Councillor Chris Savard did not take parl in the vote having previously cited an interest on Consent Item #8 .

Moved by Councillors Leslie O'Shaughnessy and Jacques Lemire that all items listed under the General Consent portion of this Agenda be adopted as presented.


Korey Kennedy, Perry Lalonde, Jacques Lemire, Leslie O'Shaughnessy and Mayor Phil Poirier

Abstained: Councillor Chris Savard Motion Carried


RESOLUTIONS I BUSINESS ARISING FROM NOTICE OF MOTION

16-2006 Commuter Bus Service from Cornwall to Ottawa

Moved by Councillors Naresh Bhargava and Joel Cote

WHEREAS Delaney Bus Lines Ltd. is attempting to inaugurate a commuter bus service from Cornwall to Ottawa; and

WHEREAS the service will likely provide for one bus daily, leaving Cornwall early morning, returning to Cornwall before suppertime, with a requirement for monthly and/or weekly subscription; and

WHEREAS in order to operate such a service, Delaney Bus Lines Ltd must make an application to the Ontario Highway Transport Board who will then consider if the issuance of a licence will serve "PUBLIC NECESSITY and CONVENIENCE"; and

WHEREAS the OHTB place the greatest weight on letters and petitions from potential users and individuals who are aware of the need for such services; and

WHEREAS it is the wish of Delaney Bus Lines Ltd to offer the service prior to winter weather; and

WHEREAS a Resolution from City Council stating that Council is aware of the need for such a service, and supports the establishment of same; and

NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the City of Cornwall by Resolution, support Delaney Bus Lines Ltd's initiative for a commuter bus service from Cornwall to Ottawa.



Motion Carried

REPORTS from UNFINISHED BUSINESS


1. Tollgate Road - Water and Sewer (Item #6 from Unfinished Business Listing)

Moved by Councillors Leslie O'Shaughnessy and Glen Grant that Council consider the following at the 2007 Capital Budget deliberation:

(a) That the construction of the watermain be included in the Five-Year Capital Forecast for construction in year 2008; and

(b) That the sewer construction be considered as a long term need for implementation at a future date,

pursuant to Report EECS #11-2006 prepared by R. Normand Levac, P. Eng., Manager, Engineering, Environmental and Construction Services, under date of September 15, 2006.

A recorded vote on this matter resulted as follows: For: Councillors Joel Cote, Glen Grant, Naresh Bhargava, Denis Moquin, Korey Kennedy,

Perry Lalonde, Jacques Lemire, Leslie O'Shaughnessy, Chris Savard and Mayor Phil Poirier

Against: Councillor Mark MacDonald Motion Carried

2. Pool By-law (Item #35 from Unfinished Business Listing)

Moved by Councillors Denis Moquin and Jacques Lemire that Council receive Report PHS #29-2006 prepared by Barry Coleman, CBCO, CPS I, Chief Building Official and By-law Enforcement Supervisor, under date of September 13, 2006, as the City of Cornwall has adequate measures to deal with pool and required enclosures.



Motion Carried

3. $5 Million Unconditional Grant (Item #39 from Unfinished Business Listing)

Moved by Councillors Chris Savard and Glen Grant that the $5 Million Unconditional Grant received from the Government of Ontario be directed towards the City of Cornwall's financial commitment to the Cornwall Community Hospital redevelopment project pursuant to Report CAO #24-2006 prepared by Paul W. Fitzpatrick, Chief Administrative Officer, under date of September 21, 2006.

A recorded vote on this matter resulted as follows: For: Councillors Joel Cote, Glen Grant, Naresh Bhargava, Denis Moquin, Perry Lalonde,

Jacques Lemire, Leslie O'Shaughnessy, Chris Savard and Mayor Phil Poirier Against: Councillors Mark MacDonald and Korey Kennedy

Motion Carried

239- 2006 Monday, September 25, 2006

4. Banquet and Catering Services for the Civic Complex-Request for Proposal 06-ROB (Item #41 from Unfinished Business Listing)

Moved by Councillors Joel C6te and Glen Grant that Council award Request for Proposal 06-R08, 0 peration of the Banquet and Catering Services for the Cornwall Civic Complex to Don Cherry's Sports Grill pursuant to Report RS #27-2006 prepared by Richard Bourdeau, C.E.T., Acting Manager, Recreation Services, under date of September 20, 2006.



Motion Carried

5. Child Care Worker and Early Childhood Educator Appreciation Day (Item #42 from Unfinished Business Listing)

Moved by Councillors Denis Moquin and Jacques Lemire that Council receive Report SSS #33-2006 prepared by Monique Gunn, ECE, Division Manager, Child Care Services, under date of September 19, 2006.



COMMUNICATION //REPORTS

1. Cornwall and Area Housing Corporation Request to Draw on Capital Reserve Funds Emergency Electrical Upgrade at 540 Adolphus Street Cornwall

Motion Carried

Moved by Councillors Glen Grant and Mark MacDonald that Council approve a draw on the Social Housing Capital Reserve Fund for the Cornwall and Area Housing Corporation to complete an emergency electrical upgrade at the seniors' building at 540 Adolphus Street in Cornwall pursuant to Report PHS #30-2006 prepared by Debora Daigle, Social Housing Division Manager, under date of September 15, 2006.



Motion Carried

2. Purchase of Service -A Child's Secret Garden


Moved by Councillors Leslie O'Shaughnessy and Glen Grant that Council authorize The Corporation of the City of Cornwall to enter into an amended Purchase of Service Agreement with A Child's Secret Garden by endorsing By-law 177-2006 pursuant to Report SSS #32-2006 prepared by Susan Cain, Manager Social Support Services under date of September 14, 2006.



Motion Carried

3. Maximum Fitness - Property Development

Moved by Councillors Denis Moquin and Glen Grant that Council, pursuant to a request made by the owner of 227-229-231 Pitt Street, extend the funding for the repair and insulation of the wall to the Spring of 2007 pursuant to Report MWS #30-2006 prepared by Fernand Hamelin, C.E.T., Manager, Municipal Works and Services, under date of September 15, 2006.

A recorded vote on this matter resulted as follows: For: Councillors Joel Cote. Glen Grant, Naresh Bhargava, Denis Moquin, Mark MacDonald,


Motion Carried

4. Economic Development Strategic Plan Update

Moved by Councillors Leslie O'Shaughnessy and Joel Cote (a) That Council endorse the final report prepared by GGA Management Consultants; and (b) That Council direct Administration, in consultation with the Economic Development

Strategic Plan Steering Committee, to prepare a report outlining the Terms of Reference for the establishment of an Economic Development Advisory Committee, involving Council, administration and community representatives,

pursuant to Report ED #28-2006 prepared by Mark Boileau, Senior Development Officer, under date of September 19, 2006.

A recorded vote on this matter resulted as follows: For: Councillors Joel Cote, Glen Grant, Naresh Bhargava, Denis Moquin, Korey Kennedy,

Perry Lalonde, Jacques Lemire, Leslie O'Shaughnessy, Chris Savard and Mayor Phil Poirier

Against: Councillor Mark MacDonald Motion Carried

241- 2006


5. Council Write-Offs and Adjustments

Moved by Councillors Jaques Lemire and Glen Grant that Council authorize tax writeoffs/adjustments/vacancies under Section 357 and 364 of the Municipal Act, 2001 pursuant to Report Fl #29-2006 prepared by David Dick C.A., Manager, Financial Services, under date of September 19, 2006.


Korey Kennedy, Perry Lalonde, Jacques Lemire, Chris Savard and Mayor Phil Poirier Absent: Councillor Leslie O'Shaughnessy

Motion Carried

~----------------------------------------------------------,

I TENDER and REQUEST FOR PROPOSAL BLOCK I I I

L--------------------------------------------------------~

1. Tender 06-T43- Mechanical Upgrades- Phase Ill

Moved by Councillors that Tender 06-T43 be awarded to Black & McDonald Ltd., Ottawa, Ontario, at the total bid price of $1,331,016.56 (net cost to the Corporation - $1 ,255,676.00) being the best bid meeting the tender specifications pursuant tdReport PU #63-2006 prepared by Paulette Heard, CMTC, Purchasing Agent, under date of September 18, 2006.



Motion Carried

NEW BUSINESS

1. Domtar Paper Mill Lands

Moved by Councillors Leslie O'Shaughnessy and Korey Kennedy

WHEREAS the City of Cornwall has a vested interest in the redevelopment of the Domtar Paper Mill lands; and

WHEREAS the City of Cornwall has the ability to ensure that redevelopment incorporates the future vision held of the community.

NOW THEREFORE BE IT RESOLVED THAT Administration be directed to prepare a report on the options available to Council and potential zoning strategy for these lands.

A recorded vote on this matter resulted as follows: For: Councillors Joel Cote, Glen Grant, Naresh Bhargava, Jacques Lemire, Denis Moquin,

Mark MacDonald, Korey Kennedy, Perry Lalonde, Leslie O'Shaughnessy, Chris Savard and Mayor Phil Poirier

Motion Carried

2. Water Balance

Moved by Councillors Naresh Bhargava and Leslie O'Shaughnessy

242-2006

Monday, September 25. 2006

WHEREAS the City of Cornwall has been providing potable water to the community using an infrastructure that is more than fifty years old and where the infrastructure is repaired as and when a breakage comes to light; and

WHEREAS Administration knows how much treated water is being produced in a year but has no way of knowing how much of this water is being delivered to the users and how much is lot in the ground due to leaks; and

WHEREAS, to produce water, the City uses significant amounts of chemicals and power and, if this water is lost, then this amounts to throwing money away; and

WHEREAS these lost chemicals and power not only have a cost but also contribute to green house gases and global warming.

NOW THEREFORE BE IT RESOLVED THAT Administration provide a report to Council outlining what needs to be done to establish a water balance.

A recorded vote on this matter resulted as follows: For: Councillors Jof31 Cote, Glen Grant, Naresh Bhargava, Jacques Lemire, Denis Moquin,


Motion Carried

3. Eastern Ontario Health Unit Program Enhancements

Moved by Councillors Leslie O'Shaughnessy and Naresh Bhargava

WHEREAS the City of Cornwall, the United Counties of Stormont, Dundas and Glengarry and the United Counties of Prescott and Russell have entered into an Agreement for providing public health through the Eastern Ontario Health Unit in accordance with the Health Protection and Promotion Act R.S.O. 1990 Chapter H-7; and

WHEREAS the Health and Protection and Promotion Act states under Part II, Section 9

"A board of health may provide any other health program or service in any area in the health unit served by the board of health if: (a) the board of health is of the opinion that the health program or service is necessary or

desirable, having regard to the needs of persons in the area; and (b) the councils of the municipalities in the area approve of the provision of the health

program or service."


WHEREAS the Municipal Act S.O. 2001, Chapter 25, under Part VII, Section 290, states:

"Yearly budget from boards, etc. ( 4) The local municipality may be by-law require that the current year's budget of every

board, commission or other body, other than an upper-tier municipality or school board, for which the municipality is required by law to levy a tax or provide money, be submitted to the municipality on or before March 1 in each year and that the budget shall be in such detail and from as the by-law provides."

NOW THEREFORE BE IT RESOLVED THAT

1. The annual budget for the Eastern Ontario Health Unit clearly identify any programs or program enhancements that require municipal approval; and

2. In a current year's budget of the Board of Directors of the Eastern Ontario shall not move forward with the implementation of any programs or program enhancements that require municipal approval until such approval is granted by the municipalities.

NOW THEREFORE BE IT FURTHER RESOLVED THAT this motion be circulated to the United Counties of Stormont, Dundas and Glengarry and to the United Counties of Prescott and Russell for their support.

A recorded vote on this matter resulted as follows: For: Councillors Joel Cote, Glen Grant, Naresh Bhargava, Jacques Lemire, Denis Moquin,


Motion Carried

PASSING OF BY-LAWS- Third and Final Reading

Moved by Councillors Denis Moquin and Jacques Lemire that By-laws 175-2006 to 184-2006 inclusive, listed on the Agenda for third reading be taken as read a third time and finally passed.



Motion Carried

AD HOC COMMITTEES

1. Association fran~aise des municipalites de !'Ontario (AFMO)

Councillor Jacques Lemire indicated that he had recently attended the annual AFMO Conference Hearst where he learned that the French Association of Municipalities of Ontario now offers a translation service and an archives center to Ontario municipalities in order for them to translate Bylaws, to obtain the best precedents from other municipalities and to offer their By-laws as precedents to other municipalities. This three-year project is offered to municipalities at no cost and is paid for by the government of Ontario and the government of Canada. Councillor Lemire provided the contact information to the City Clerk.

244- 2006 Monday, September 25, 2006

Le conseiller Jacques Lemire a indique qu'il avait recemment assiste a Ia Conference AFMO annuelle dans Ia ville de Hearst ou il a appris que !'Association franc;:aise des municipalites de !'Ontario offre maintenant un service de traduction et un centre d'archives aux municipalites de !'Ontario pour qu'elles peuvent traduire des reglements, obtenir les meilleurs examples de reglements de d'autres municipalites et offrir leurs reglements comme example aux autres municipalites. Ce projet de trois ans est offert aux municipalites sans fraix car it est paye par le gouvernement de !'Ontario et le gouvernement du Canada. Le conseiller Lemire a fourni les renseignements a Ia Secretaire municipale.

NOTICE OF MOTION

UNFINISHED BUSINESS LISTING

CONFIRMING BY-LAW

Moved by Councillors Naresh Bhargava and Glen Grant that By-law 185-2006 being a By-law to confirm the proceedings of the Council of The Corporation of the City of Cornwall at its meetings held on Monday, September 25, 2006, having been read a first, second and third time be now taken as read and passed.



Motion Carried

ADJOURNMENT

Moved by Councillors Leslie O'Shaughnessy and Denis Moquin that the Regular Council Meeting of Monday, September 25, 2006, be adjourned at 8:40p.m.

MANON POIRIER RECORDING SECRETARY I ACTING DEPUTY CLERK

Q4~ MAYOR

regular council #28-2006 -...

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