The Municipal Corporation of the Town of Fort Erie REGULAR COUNCIL MEETING MONDAY, JANUARY 21, 2013 COUNCIL CHAMBERS 6:00 P.M. A G E N D A Page 1) CALL TO ORDER 2) INVOCATION 3) ROLL CALL 4) REVIEW OF ADDENDUM/ANNOUNCEMENTS (a) Members of the public are not permitted beyond the Council bar. If any member of the public wishes to speak to a member of Council during a recess or following the adjournment of the meeting, you may do so in the Atrium. (b) The public is reminded that no food or beverages are permitted in the Council Chambers. (c) Council and Council-in-Committee Meetings are audio streamed on the Town's website at www.forterie.on.ca. Members of Council are reminded to turn off their microphone during a recess and at adjournment of the meeting. 5) DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE 6) PUBLIC NOTICE (a) 2013 Budget Meeting Schedule Re: General Levy Budget - Monday, January 28, 2013 and Wednesday, February 20, 2013 (if required) (b) Open House Re: Fort Erie Transit - Stevensville Open House - Thursday, January Page 1 of 115 REGULAR COUNCIL AGENDA - MONDAY, JANUARY 21, 2013 Page 31, 2013 - Stevensville Library - 5:00-8:00 p.m. The Town is asking the public from Stevensville, Douglastown and Black Creek to come out and discuss the transit programs. (c) Public Meeting (Planning Act) Re: Proposed Official Plan Amendment and Property Rezoning - for lands located at 119 Bertie Street (Fire Station No. 1) - Monday, February 4, 2013 - 6:00 p.m. - Council Chambers. The information report will be available to the public on February 1, 2013. (d) Public Meeting (Planning Act) Re: Proposed Official Plan Amendment and Property Rezoning - for lands located at 209 Jarvis Street (Fire Station No. 2) - Monday, February 4, 2013 - 6:00 p.m. - Council Chambers. The information report will be available to the public on February 1, 2013. 7) PUBLIC MEETING - NOTICE POLICY (a) Proposed Adoption of 2013 Water and Wastewater Budget and Rates No one has applied to be heard. 8) REGIONAL COUNCILLOR REPORT 9) PRESENTATIONS AND DELEGATIONS (a) Ron Rienas, General Manager, The Buffalo and Fort Erie Public Bridge Authority Re: Status of Commercial Pre-Inspection Program - Peace Bridge (b) Steve Norris, 35 Bertie Street Re: Promotion of Bi-National Pilot Pre-Clearance Program - Peace Bridge (c) Glen King, CFO/VP Finance, Canadian Niagara Power (CNP) and Lenard Hart, Director of Marketing and Business Development, GreenSaver Re: Introduction of CNP Home Assistance Program (d) Darlene Hazlett, Director, Big Brothers Big Sisters Re: Promotion of 17th Annual "Bowl for Kids Sake" (e) Ron Tripp, Acting Chief Administrative Officer Re: Presentation of "Today in America" Fort Erie Segment (f) Brad Murphy, Pacific Productions Re: Presentation of New Fort Erie Promotion Videos Page 2 of 115 REGULAR COUNCIL AGENDA - MONDAY, JANUARY 21, 2013 Page Fresh Water Adventures Active Adventures Uncover the Past Natural Environments New Sensations Hidden Treasurers Find Yourself....In Fort Erie 10) CONSENT AGENDA ITEMS EXPLANATORY NOTE for Consent Agenda Items – Part of a Regular Council Agenda where a resolution is presented to adopt, approve and receive routine and low impact items. These items are voted on collectively, however, any member of Council may remove an item to be discussed and voted on separately, recognizing an item does not need to be removed to be discussed. Move to Section 10.5.2 of the Agenda for Consent Agenda Resolution. Compendium of Resolutions (full text of all resolutions) posted on Town website with e- Agenda. 10.1 ADOPTION OF MINUTES 8 - 19 (a) Regular Meeting of Council - December 10, 2012 10.2 COMMUNICATIONS 20 - 23 (a) City of Niagara Falls Re: Notice of request to Ministry of Natural Resources to undertake field evaluations of all wetlands within the City's urban boundary and those along both sides of the QEW, south of Lyon's Creek Road Reference:Receive and file. (b) Communication Item Reference: Resolution to be presented. 10.3 REPORTS OF BOARDS AND COMMITTEES 24 - 25 (a) Closed Session - Special Meeting of Council-in-Committee - December 17, 2012 26 - 28 (b) Council-in-Budget Committee Meeting #3 - January 9, 2013 29 - 55 (c) Regular Meeting of Council-in-Committee - January 14, 2013 56 - 60 (d) Council-in-Budget Committee Meeting #4 - January 15, 2013 61 - 81 (e) Boards and Committees (i) Active Transportation Advisory Committee - November 13, 2012; December 11, 2012 (ii) Crystal Beach Business Improvement Area Board of Management - AGM - December 4, 2012 (iii) Senior Citizens Advisory Board - December 5, 2012; January 2, 2013 (iv) Bridgeburg Station Downtown Business Improvement Area Board of Management - AGM & Regular Meeting - December 6, 2012 Page 3 of 115 REGULAR COUNCIL AGENDA - MONDAY, JANUARY 21, 2013 Page 10.4 NEW BUSINESS (a) NIL 10.5 CONSENT AGENDA APPROVALS 10.5.1 Request to Remove Consent Agenda Item(s) for Separate Consideration (No motion required) 10.5.2 Consent Agenda Item(s) to be considered in Block (To read resolutions, see Compendium of Resolutions circulated with Agenda and posted with e-Agenda on Town Website. Agenda Section reference, ie: Sec. 10.1 (a), applies to resolution to be presented for that particular Agenda item under the Consent Agenda) THAT: The following action be taken on the Consent Agenda Items: 1. Adoption of Council Minutes - {Sec. 10.1 (a)} be hereby adopted, as printed. 2. Communication Item {Sec. 10.2 (b)} be approved. 3. Adoption of Closed Session - Special Council-in-Committee Minutes - {Sec. 10.3 (a)} be hereby adopted, as printed. 4. Adoption of Council-in-Budget Committee Meeting #3 {Sec. 10.3 (b)} be hereby adopted, as printed. 5. Adoption of Council-in-Committee Minutes {Sec. 10.3 (c)} be hereby adopted, as printed. 6. Adoption of Council-in-Budget Committee Meeting #4 {Sec. 10.3 (d)} be hereby adopted, as printed. 7. Reports of Boards and Committees - {Sec 10.3 (e) (i) - (iv)} be received. 10.5.3 Item(s) Removed for Separate Consideration 11) ENQUIRIES BY MEMBERS (a) Response to Past Enquiries (b) Member Enquiries 12) MOTIONS (a) Mayor Martin Re: Dissolve existing wards THAT: The Clerk be directed to submit a report to Council in early 2013 to dissolve the existing wards in accordance with Section 222 of the Municipal Act, 2001 in order to move to a general vote for the 2014 Municipal Election, and further THAT: Section 13.1 of Council Rules of Procedure By-law No. 145-06, as amended be suspended, in part, in order for the motion herein to be submitted to the Council meeting of January 21, 2013. (DEFERRED AT THE REQUEST OF MAYOR MARTIN TO THE COUNCIL MEETING OF FEBRUARY 12, 2013) (b) Councillor Steckley Page 4 of 115 REGULAR COUNCIL AGENDA - MONDAY, JANUARY 21, 2013 Page Re: Hiring Freeze Reference: Resolution to be presented. THAT: With the negative economic impacts and loss of revenue to the Town of Fort Erie as a result of the closure of the Fort Erie Slots and the Fort Erie Horse Track and the impact this will have on future budgets that the Municipal Council of the Town of Fort Erie does hereby enact an immediate hiring freeze for all positions save and except the position of CAO, and further THAT: If the Human Resource Manager believes that it is necessary to fill a position, he will present his case to the Council who will decide if the position will be filled at that time. (TABLED FROM COUNCIL MEETING OF SEPTEMBER 10, 2012 TO COUNCIL MEETING IN JANUARY 2013) (COUNCILLOR STECKLEY INTENDS TO PRESENT A TABLING MOTION TO FURTHER TABLE THIS MOTION TO THE BUDGET MEETING OF JANUARY 28, 2013 FOR FURTHER CONSIDERATION) 13) NOTICE OF MOTION (a) Councillor Collard Re: Amend Council Rules of Procedure By-law No. 145-06 to prohibit communication through use of electronic devices by Members of Council at meetings, and hand-in of electronic devices at closed meetings. THAT: A by-law be submitted to Council to further amend Council Rules of Procedure By-law No. 145-06 by, (1) prohibiting Members of Council from communicating with each other through the use of any and all electronic devices, including but not limited to cell phones, blackberries and iPads,at any Council, Council-in-Committee, Budget-in-Committee or Closed Meeting, and (2) requiring all Members of Council to hand over to the Clerk any and all electronic devices including but not limited to cell phones, blackberries and iPads at the commencement of all closed meetings. 14) CONSIDERATION OF BY-LAWS 82 - 83 (a) By-law No. 1-13: To authorize the Mayor or Acting Mayor and the Treasurer or Deputy Treasurer of the Corporation of the Town of Fort Erie to borrow certain sums to meet current expenditures for the Year 2013 84 - 86 (b) By-law No. 2-13: To provide for interim taxes for the Year 2013 87 - 96 (c) By-law No. 3-13: To adopt the 2013 Water and Wastewater Budget and to adopt rates and fees for the Year 2013 and to amend By-law No. 240-96 97 - 101 (d) By-law No. 4-13: To amend By-law No. 40-09, as amended, being a by-law to establish fees and charges for various services provided by the Town of Fort Erie (Building Permit & Plumbing Fees) 102 (e) By-law No. 5-13: To appoint an account holder representative to Page 5 of 115 REGULAR COUNCIL AGENDA - MONDAY, JANUARY 21, 2013 Page execute an electronic land registration agreement with Her Majesty the Queen in Right of Ontario, as represented by the Director of Land Registration, and to delegate authority for execution of documents to effect registration of documents in the land registration system (I.C.E.