REGULAR COUNCIL #23-2007

Monday, May 14, 2007 Meeting called to order at 7:30 p.m. City Hall - 360 Pitt Street, Cornwall

PRESENT: Mayor Bob Kilger Councillor Mark MacDonald Councillor Guy Leger Councillor Elaine MacDonald Councillor Andre Rivette Councillor Bernadette Clement Councillor Glen Grant Councillor Denis Thibault Councillor Denis Carr Councillor Kim Baird Councillor Syd Gardiner

ADMINISTRATION: Denise Labelle-Gelinas, City Clerk Manon Poirier, Acting Deputy Clerk David Dick, General Manager Financial and Social Services

106/2007

Stephen Alexander, General Manager, Department of Planning, Parks and Recreation Mark Boileau, Manager, Economic Development Robert Menagh, Manager, Human Resources Debora Daigle, Manager, Social and Housing Services Normand P. Levac, P. Eng., General Manager, Infrastructure and Municipal Works Chief Myles Cassidy, Manager, Emergency Medical Services

Mayor Bob Kilger called the meeting to order at 7:30p.m.

INVOCATION

NATIONAL ANTHEM

Reverend Ross Moulton Trinity United Church

Assembly

ADDITIONS I CORRECTIONS I DELETIONS

Moved by Councillors Andre Rivette and Denis Thibault requesting that Council invoke Rule 3 of the Procedural By-law in order to allow for discussions surrounding NAV Canada and the Hotel/ Motel industry under the Unfinished Business portion of the Agenda.

A vote on this matter resulted in a 2/3's majority. Motion Carried

DISCLOSURE OF INTEREST

107 /2007 Monday, May 14, 2007

Councillor Denis Thibault declared an interest in Consent Item #10, Marina 200 Long Term Reinvestment Plan, stating that a family member manages the Marina.

COMMITTEE OF THE WHOLE

Moved by Councillors Bernadette Clement and Syd Gardiner that Council go into the Committee of the Whole and that all Minutes, Presentations, Delegations, Resolutions, ConsenUCorrespondence, Reports and By-laws 073-2007 to 079-2007 be referred to that Committee and that the Agenda of the Committee of the Whole for the meeting of Monday, May 14, 2007, be approved.

Motion Carried

GENERAL CONSENT

ADOPTION OF MINUTES

The following Minutes were presented for adoption. There being no corrections noted, the Minutes stand approved.

1. Regular Meeting of Council #20-2007 of Monday, April 23, 2007; 2. Special Meeting of Council #21-2007 of Monday, April 30, 2007; and 3. Special Meeting of Council #22-2007 of Wednesday, May 9, 2007

PRESENTATIONS

1. Walk for ALS (Lou Gehrig's Disease)

Kimberly Walsh, Chair for the Walk for ALS in Cornwall, addressed Council to speak about the Amyotrophic Lateral Sclerosis, ALS, and commonly known as Lou Gehrig's Disease. ALS is fatal and is a rapidly progressive neuromuscular disease. It causes degeneration of a select group motor nerve cells in the brain and spinal cord. As the nerve cells die, people with ALS love control of their muscles resulting in paralysis. Eighty per cent of people with ALS die within two to five years of diagnosis.

Ms. Walsh indicated that the Walk for ALS occurs across the Country each year in close to 80 communities. Each walk is organized by local volunteers. In 2006, the Walk generated almost $2 million with more than 14,000 walkers and another 140,000 pledging those walkers.

The 5 km Cornwall Walk is being held on Saturday, June 9, 2007, and will start at St. Lawrence College at Windmill Point. Registration will begin at 9:00a.m. with the Walk starting at 10:00 a.m.

108/2007 Monday, May 14, 2007

DELEGATIONS

1. Parade of Nations

Marie Morrell, The Collector's Museum - International and Project Manager of the Parade of Nations, indicated to Council that a multicultural parade, celebrating the diversity of people who live in Cornwall and the surrounding areas is in the works. The parade is to be held on Saturday, September 8, 2007, at 5:00 p.m. The parade route will start at St. Lawrence College and will finish at the Cornwall Civic Complex for a distance of 2 to 3 km.

Ms. Morrell indicated that this parade is meant to be a reflection of harmonious living and a way to showcase the contributions of many Cornwallites who, in various ways, make our community a better place to live.

Ms. Morrell requested authorization for the parade and the service of the Cornwall Police Service.

Moved by Councillors Guy Leger and Bernadette Clement that this matter be referred to the Cornwall Police Service for report.

BY-LAWS

073-2007

074-2007

075-2007

076-2007

077-2007

078-2007

079-2007

Motion Carried

A By-law to adopt the Waterfront Plan 2007;

A By-law to permit The Corporation of the City of Cornwall to register a lien and to provide and subsequently administer municipal funds to the identified home owners under the Renaissance Housing Renovations Program (RHRP 20-2006);

A By-law to amend By-law 102-1979 which is a. By-law respecting park lands also known as the "Dogs in the Parks" By-law to clarify that dogs with a handler used for goose control and other "service dogs" be permitted in the park;

A By-law to appoint Martin Depratto, Cody Wilson and Matthew Rose as By-law Enforcement Officers during their summer employment for the purpose of enforcing the Animal Control, Parking, Traffic and other related By-laws during their summer employment;

A By-law to appoint Chantal Pollard as By-law Enforcement Officer during her summer employment for the purpose of enforcing the Fence and other related By-laws;

A By-law to authorize The Corporation of the City of Cornwall to sell land to Water Street Investment Inc.; and

A By-law to dedicate and name Part of Boundary Road as public highway.

CONSENT

1. Petition - Paving at Astro Storage Ltd.

109/2007 Monday, May 14, 2007

That Council refer the petition received from residents of the Balmoral Avenue and Birmingham Avenue area, requesting that the City of Cornwall intervene in having Astro Storage Ltd. pave its lot, to Administration for a report.

2. Planning Advisory and Hearing Committee HOTC #01-07 Jim Cicchini, Jas-Mar Paints and Decorating Centre 240-246 Pitt Street Department of Planning, Parks and Recreation

(a) That, in the absence of granting the original request of a forgivable loan in the order of± $7,455.00 (excluding GST), the City offer a 0% interest-free loan in the same amount; and

(b) That Council not consider any further SEEP's as being eligible under the present HOTC CIP Funding programs at this time,

pursuant to Report PAC #04-2007-1 prepared by Stephen D. Alexander, MCIP, RPP, Secretary, Planning Advisory and Hearing Committee, under date of April 16, 2007.

3. Planning Advisory and Hearing Committee- HOTC Funding Allocations

(a) That Council endorse Resolution 05-2007 identifying the fact that any HOTC I Brownfields funding approvals are to be based on actual amounts (staying within program limitations) and that estimates are initially used to determine general magnitudes of funding in the approval review stages; and

(b) That an additional funding level of $2,500.00 be provided to 181 Group, to cover further consulting costs resulting from an expanded work load to create a Brownfields (North American) Funding Agreement

pursuant to Report PAC #04-2007-2 prepared by Stephen D. Alexander, MCIP, RPP, Secretary, Planning Advisory and Hearing Committee, under date of Apri116, 2007.

4. Planning Advisory and Hearing Committee - HOTC Residential-Based Projects

That the purely residential-based projects not be included in the HOTC programs at this time pursuant to Report PAC #04-2007-3 prepared by Stephen D. Alexander, MCIP, RPP, Secretary, Planning Advisory and Hearing Committee, under date of April 16, 2007.

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Monday, May 14, 2007

5. Planning Advisory and Hearing Committee -Manufacturing 20 Zoning

That Council direct Administration to prepare a report on how Manufacturing 20 zoning has been modified in transition areas in the past and how the Manufacturing 20 zoning might be amended to reflect appropriate uses, particularly on sites that are considered Brownfields, for example pursuant to Report PAC #04-2007-4 prepared by Stephen D. Alexander, MCIP, RPP, Secretary, Planning Advisory and Hearing Committee, under date of April 16, 2007

6. Staff Replacement - Senior Buyer

That Council approve the replacement of the Senior Buy position pursuant to Report PU #37 -2007 prepared by Paulette Heard, CMTC, Purchasing Agent, under date of April 30, 2007.

7. Staff Replacement- Public Works Analyst

That Council authorize the hiring of the Public Works Analyst in the Municipal Works Division pursuant to Report IMW #14-2007 prepared by Conrad Miller, Division Manager, Municipal Works, under date of May 8, 2007.

8. Staff Replacement- Maintenance Technician at Waste Water Treatment Plant

That Council authorize the Replacement of the Maintenance Technician Position at the Wastewater Treatment Plant pursuant to Report IMW #13-2007 prepared by Morris McCormick, P. Eng., Division Manager, Environmental Services, under date of May 8, 2007.

9. Proclamations

That Council proclaim the following: (a) the month of May, 2007, as Falun Dafa Month; (b) Saturday, June 9, 2007, as "ALS Day"; (c) the week of May 20 to 26, 2007, as "Emergency Medical Services Week"; and (d) the week of May 27 to June 2, 2007, as "Disability Awareness Week", pursuant to Report CL #20-2007 prepared by Manon Poirier, Deputy Clerk, under date of May 4, 2007.

10. Marina 200 Long Term Reinvestment Plan

111/2007

Monday, May 14, 2007

That Council direct staff to begin discussions with the Federal Government and M.P. Mr. Guy Lauzon on a strategy to address the issues at Marina 200 and to request the necessary funding as recommended by Memo prepared by Christine Lefebvre, Supervisor, Recreation Services, and a motion endorsed by the Recreation Advisory Committee, under drate of May 3, 2007.

Having declared an interest in Consent Item #1 0, Marina 200 Long Term Reinvestment Plan, Councillor Denis Thibault did not take part of in this vote.

ADOPTION OF GENERAL CONSENT

Moved by Councillors Andre Rivette and Glen Grant that all items listed under the General Consent portion of this Agenda be adopted as presented.

Motion Carried

RESOLUTIONS I BUSINESS ARISING FROM NOTICE OF MOTION

04-2007 Casino in Cornwall

Moved by Councillors Syd Gardiner and Andre Rivette

WHEREAS there are casinos in Ontario in various communities which are contributing financially and creating jobs in their respective municipalities; and

WHEREAS casinos in those communities are attractions and contribute in making the municipalities in which they exist, destination points for tourists.

NOW THEREFORE BE IT RESOLVED THAT the City of Cornwall contact the Province to find out if it will consider lifting the moratorium which is presently in place. Motion Carried

05-2007 Planning Advisory and Hearing Committee - HOTC Funding Allocations

Moved by Councillors Denis Carr and Elaine MacDonald

WHEREAS the City of Cornwall has an approved Heart of the City (HOTC) Community Improvement Plan (CIP) and a Brownfields CIP, which have distinct Financial Incentive Funding Programs; and

WHEREAS both the HOTC and Brownfields Funding Programs have been implemented by the City over the past numerous months with substantial interest from the community; and

WHEREAS the Funding Program Application requests are based initially on either Contractor or Consultant estimates to determine a general dollar magnitude under any specific program; and

11212007 Monday, May 14, 2007

WHEREAS the City's General Manager of the Department of Financial Services, as part of the Funding Reimbursement process to applicants, is seeking clarification on the level of funding approved under any specific program;

NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the City of Cornwall acknowledges and endorses that any and all HOTC and Brownfields Funding Application Requests and subsequent approvals are based initially on Contractor/Consultant estimates, but the final reimbursement levels are determined based on the actual cost amounts. Said actual amounts should be within the specific program parameters, save and except for any specific motion from Council stating otherwise, and only in the event of a substantial deviation above the original approved estimates as determined by assigned staff shall the CPPEC review the reasons and provide final sign off.

Motion Carried

006-2007 Shane Bernier Day

Moved by Councillors Andre Rivette and Syd Gardiner

WHEREAS Shane Bernier is a seven year old boy, who on May 30, 2007, will be celebrating his eighth birthday; and

WHEREAS, three years ago, at the age of four, Shane was diagnosed with Acute Lymphoblastic Leukemia and had early remission, but then relapsed in July of 2007, just twenty-two weeks short of his treatment protocol, to have finished at Christmas; and

WHEREAS Shane is now receiving stronger chemotherapy until the end of June, thereafter, beginning a maintenance program with weaker chemo into 2008; and

WHEREAS it is a dream of Shane's to collect as many birthday cards as possible for his birthday; and

WHEREAS Shane's wish has now turned into a quest to receive· enough Birthday cards to break the previous Guinness World record in 1992 at 33 million; and

WHEREAS with the help of telev,ision, radio and the website, this quest is possible to reach.

NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the City of Cornwall declare Tuesday, May 30, 2007, as "Shane Bernier Day" in the City of Cornwall and encourage everyone to send a Birthday Card to Shane to help him reach his wish.

Motion Carried

REPORTS FROM UNFINISHED BUSINESS

1. Nine Metres Smoking Provision at Entrances to Municipal Buildings

Moved by Councillors Guy Leger and Kim Baird that Council adopt a By-law instituting a 9-metre setback for smoking prohibition at main entrances to municipal facilities and buildings, effective September 1, 2007, pursuant to Report PPR #09-2007 prepared by Stephen D. Alexander, MCIP, RPP, General Manager, Department of Planning, Parks and Recreation, under date of May 8, 2007.

Motion Carried

2. Ontario Minimum Wage

113/2007

Monday. May 14, 2007

Moved by Councillors Syd Gardiner and Glen Grant that Council receive Report HR #1 0-2007 prepared by Robert Menagh, Manager, Human Resources, under date of May 7, 2007, for information purposes.

Motion Defeated

It was then moved by Councillors Bernadette Clement and Denis Thibault that Council endorse the petition received from the congregation of Knox St. Paul's Church, in support of Bill 150 in that a $10.00 minimum wage fee be implemented and further that the municipality transmit this information to the Premier of Ontario as wel.l as our local M.P.P. Jim Brownell

Motion Carried

3. EMS Essential Service Designation

Moved by Councillors Denis Thibault and Glen Grant that the information contained in Report HR #11 -2007 prepared by Robert Menagh, Manager, Human Resources, under date of May 8, 2007, be provided to the Township of North Dundas.

It was then moved by Councillors Mark MacDonald and Bernadette Clement that this matter be postponed to the next scheduled meeting of Council and that the Manager of Human Resources provide additional information on Binding Arbitration information.

Motion to Postpone Defeated

Main Motion Carried

4. Community Living Stormont County I Rental Fee for the Civic Complex

Moved by Councillors Glen Grant and Syd Gardiner that Council not provide Salons A, B and C free of charge, consistent with recent decisions on such matters and reported through Report PPR #08-2007 prepared by Christine Lefebvre, Supervisor, Recreation Services, under date of April26, 2007.

Motion Defeated

It was then moved by Councillors Andre Rivette and Denis Thibault that Council provide Salons A, B and C to Community Living of Stormont County free of charge for this event only and that it be noted that this decision is taken without precedence.

Motion Carried

5. Elected Officials Expenses

114/2007 Monday, May 14, 2007

Moved by Councillors Glen Grant and Mark MacDonald that Council approve the Statement of Expenses for elected officials for the period ending April13, 2007 as reported through Report Fl # 11-2007 prepared by David Dick, C.A., General Manager, Department of Financial Services, under date of April 17, 2007.

6. Ontario Municipal Social Services Association 2007 Membership

Moved by Councillors Glen Grant and Mark MacDonald that Council appoint Councillor Bernadette Clement as the voting member representing Council as the Consolidated Municipal Service Manager for a two year term (2007 and 2008); and that Council review the appointment of another Council Member for the term of 2009 and 2010.

Motion Carried

7. AFMO Conference - Resolution #01-2007

Moved by Councillors Denis Thibault and Syd Gardiner that Council receive the letter from the "Association franc;aise des municipalites de !'Ontario" (AFMO) inviting The Corporation of the City of Cornwall to hold its 2008 conference in the City of Cornwall for information purposes.

Motion Carried

8. NAV Canada

Moved by Councillors Andre Rivette and Syd Gardner that, should NAV Canada not be legally non­conforming with the current Zoning By-law, that they be advised immediately.

Motion Defeated

COMMUNICATION I REPORTS

1. Test Use of Dog and Handler for Goose Control - Lamoureux Park I Waterfront

Moved by Councillors Syd Gardiner and Kim Baird

(a) That Council receive report PPR #08-2007 prepared by Stephen Alexander, MCIP, RPP, General Manager, Department of Planning, Parks and Recreation, under date of May 3, 2007 .for information purposes; and

(b) That By-law to 102-1979 which is a By-law respecting park lands also known as the "Dogs in the Parks" By-law be amended to clarify that dogs with a handler used for goose control and other "service dogs" be permitted in the park by endorsing By-law 075-2007.

Motion Carried

2. Use of Retained Surplus for Employment Assistance Activities

115/2007 Monday, May 14, 2007

Moved by Councillors Denis Carr and Guy Leger that Council approve the use of the retained surplus for Employment Assistance activities pursuant to Report SHS #14-2007 prepared by Debora Daigle, BA, MPA, Manager of Social Services and Housing Services, under date of May 4, 2007.

Motion Carried

TENDERSANDREQUESTSFORPROPOSAL

1. Request for Porposal 07 -R11 - Development of a New Water and Sewer Rate Structure

Moved by Councillors Denis Thibault and Bernadette Clement that RFP No. 07-R11 be awarded to Watson & Associates, Mississauga, Ontario, at the total bid price of $33,920.00 (net cost to the Corporation - $32,000.00) being the best bid meeting the specifications pursuant to Report PU #41 -2007 prepared by Paulette Heard, CMTC, Purchasing Agent, under date of May 8, 2007.

Motion Carried

2. Tender 07-T13- Rehabilitation Work on Aqua Guard Bar

Moved by Councillors Andre Rivette and Guy Leger that Tender 07-T13 be awarded to Eastern Welding, Cornwall, Ontario, at the total bid price of $25,432.58 (net cost to the Corporation • $23,993.00) being the best bid meeting the tender specifications pursuant to Report PU #34-2007 prepared by Paulette Heard, CMTC, Purchasing Agent, under date of April27, 2007.

Motion Carried

3. Tender 07-T16 - Roofing at Wastewater Treatment Plant

Moved by Councillors Andre Rivette and Guy Leger that Tender 07-T16 be awarded to 1113044 Ontario Ltd., 0/A: John Gordon Construction, Cornwall, Ontario, at the total bid price of $97,081.16 (net cost to the Corporation - $91,586.00) being the best bid meeting the tender specifications pursuant to Report PU #38-2007 prepared by Paulette Heard, CMTC, Purchasing Agent, under date of May 1, 2007.

Motion Carried

4. Tender 07-T19- Supply of Nursery Sod

Moved by Councillors Elaine MacDonald and Denis Carr that Tender 07-T19 be awarded to MacDonell's Garden Centre, Cornwall, Ontario, at the total bid price of $49,779.50 (net cost to the Corporation- $46,981.00) being the best bid meeting the tender specifications pursuant to Report PU #33-2007 prepared by Paulette Heard, CMTC, Purchasing Agent, under date of April 27, 2007.

Motion Carried

5. Tender 07-T20 - Vacuum Street Sweeper

116/2007 Monday, May 14, 2007

Moved by Councillors Kim Baird and Glen Grant that Tender 07-T20 be awarded to Richard's Sweeping, Alexandria, Ontario, at the total bid price of $23,491.72 (net cost to the Corporation -$22, 162.00) being the best bid meeting the tender specifications. Report PU #35-2007 prepared by Paulette Heard, CMTC, Purchasing Agent, under date of April 27, 2007.

Motion Carried

6. Tender 07-T24 - Drainage Ditch Maintenance

Moved by Councillors Andre Rivette and Denis Thibault that Tender 07-T24 be awarded to O.M.R., Cornwall, Ontario, at the total bid price of $23,048.64 (net cost to the Corporation- $21 ,744.00) being the best bid meeting the tender specifications pursuant to Report PU #39-2007 prepared by Paulette Heard, CMTC, Purchasing Agent, under date of May 1, 2007.

Motion Carried

7. Tender 07-T26- Watermain CIPP Relining on Various Streets

Moved by Councillors Denis Carr and Guy Leger that Tender 07-T26 be awarded to Aqua-Rehab Inc., Laval, Quebec, at the total bid prrce of $739,297.00 (net cost to the Corporation- $697,450.00) being the best bid meeting the tender specifications pursuant to Report PU #40-2007 prepared by Paulette Heard, CMTC, Purchasing Agent, under date of May 2, 2007.

Motion Carried

8. Tender 07-T30 - Material Testings 2007 Capital Projects

Moved by Councillors Andre Rivette and Elaine MacDonald that Tender 07-T30 be awarded to St. Lawrence Testing, Cornwall, Ontario, at the total bid price of $49,623.90(net cost to the Corporation­$ 46,815.00) being the best bid meeting the tender specifications pursuant to Report PU #36-2007 prepared by Paulette Heard, CMTC, Purchasing Agent, under date of April27, 2007.

Motion Carried

9. Request for Quotation 07-Q40 Outdoor Swimming Pool Repairs

Moved by Councillors Bernadette Clement and Syd Gardiner that Quotation No. 07 -Q40 be awarded to Porter's Historical Restorations Inc., Cornwall, Ontario, at the total bid price of $26,884.78 (net cost to the Corporation - $25,363.00) being the best bid meeting the specifications pursuant to Report PU #40-2007 prepared by Paulette Heard, CMTC, Purchasing Agent, under date of May 8, 2007

Motion Carried

NEW BUSINESS

1. Highway 401 - Park and Drive

Moved by Councillors Andre Rivette and Elaine MacDonald

117/2007 Monday, May 14, 2007

WHEREAS we now have a daily Commuter Service between Cornwall and Ottawa; and

WHEREAS the service allows residents who work in Ottawa to commute daily, therefore, allowing them to spend their dollars in Cornwall; and

WHEREAS commuters do not have a place to park and leave their cars for the day to allow them to travel to Ottawa; and

WHEREAS the Ministry of Transport has provided some parking lots for car pool and commuters who take the bus.

NOW THEREFORE BE IT RESOLVED THAT Council direct Administration to investigate and report back to Council at the next scheduled Council meeting of May 28, 2007; and

NOW THEREFORE BE IT RESOLVED THAT letters be sent to our MP, Guy Lauzon, and our MPP, Jim Brownell, to assist us in our request to the Ministry of Transport to provide a parking lot close to the 401 so that commuters can leave their cars for the day.

Motion Carried

2. NAV Canada

Moved by Councillors Denis Carr and Kim Baird that Council instruct administration to facilitate a meeting calling together NAV Canada, the hotel/ motel association with a view to resolving the issues surrounding zoning and legal non-conforming uses.

It was then moved by Councillors Andre Rivette and Elaine MacDonald that this mater be postponed.

Motion to Postpone Defeated

Main Motion Defeated

PASSING OF BY-LAWS- Third and Final Reading

Moved by Councillors Syd Gardiner and Denis Carr that By-laws 073-2007 to 079-2007 inclusive, listed on the Agenda for third reading be taken as read a third time and finally passed.

Motion Carr:ied

AD HOC COMMITTEES

NOTICE OF MOTION

UNFINISHED BUSINESS LISTING

118/2007 Monday, May 14, 2007

Council requested that the anticipated date for Item #20-2007 of the Unfinished Business Listing, Pesticides and Chemicals, be amended from June 25, 2007, to June 11, 2007.

CONFIRMING BY-LAW

Moved by Councillors Guy Leger and Andre Rivette that By-law 080-2007 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, May 14, 2007, having been read a first, second and third time be now taken as read and passed.

Motion Carried

ADJOURNMENT

Moved by Councillors Guy Leger and Elaine MacDonald that the Regular Council Meeting of Monday, May 14, 2007, be adjourned at 9:30p.m.

CITY CLERK

~~ MANON POIRIER RECORDING SECRETARY I ACTING DEPUTY CLERK

Motion Carried