The Municipal Corporation of the Town of Fort Erie

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1 The Municipal Corporation of the Town of Fort Erie COUNCIL-IN-COMMITTEE MEETING MONDAY, NOVEMBER 19, 2007 COUNCIL CHAMBERS 1) CALL TO ORDER M I N U T E S The meeting was called to order at 6:00 p.m. 2) ROLL CALL PRESENT: Mayor Douglas G. Martin; Councillors Annunziata, Lockwood, Noyes, Shular, Steckley and Whitfield. ALSO PRESENT: H. Schlange, Chief Administrative Officer H.A. Salter, Town Solicitor and Director of Legal & Legislative Services M. Neubauer, Director of Corporate Services R. Tripp, Director of Infrastructure Services J. Douglas, Fire Chief B. Romanuk, Chief Building Official C. Watson, Legislative Assistant ABSENT: C.J. Kett, Town Clerk (personal reasons) SUPPORT STAFF: Brian Desrosiers, Manager of Facilities/Cemeteries Ian Izzard, Engineering Manager Grant Boutin, Supervisor, Road and Drainage Services Brett Ruck, Drainage Superintendent MEDIA PRESENT: Mark Ladan, The Times; Ray Spiteri, The Review and Alison Bell, The Post. MEMBERS OF THE PUBLIC PRESENT: 7 3) REVIEW OF ADDENDUM/ANNOUNCEMENTS Addendum NIL

2 PAGE TWO Announcements Sesquicentennial today in history: November 17, 1954 The Marine Club of Fort Erie forms. November 18, 1927 Cornerstone laid for the new Bridgeburg High School. November 18, 1942 Town Council passes a motion to give lots in Bertie Township to men returning from the Second World War. November 20, 1930 A newspaper report deems the Gilmore Road sewers useless, as they were installed at a depth of 3 to 4 feet instead of the recommended 8 feet, such depth needed to drain the cellars of homes along that road. November 21, 1791 The land board meets at Fort Erie to issue parcels of land to those settlers who could substantiate their claims. November 22, 1948 Harold Bud Smith of Ridgeway receives the Distinguished Flying Cross for great gallantry in World War II. He flew Lancaster bombers for the RCAF. November 23, 1923 A radio club was organized at the Wintemute School for local fans of radio. Their first topic of discussion was A Wave Trap to Eliminate Interference, especially from W.G.R. in Buffalo. 4) DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE Mayor Martin Mayor Martin disclosed a pecuniary interest with respect to the Closed Session Meeting to discuss the Performance Evaluation of the Chief Administrative Officer since his wife is a unionized employee of the Town. Mayor Martin did not attend the Closed Session Meeting. 5) PUBLIC NOTICE - MUNICIPAL ACT, 2001 NIL 6) INFRASTRUCTURE SERVICES (A) DELEGATIONS Paul D. Smeltzer, P.Eng, Phillips Engineering Limited Re: Water Distribution System Master Plan Update A copy of Mr. Smeltzer s powerpoint presentation can be accessed in full text by clicking on the presentations link and a paper copy is available in the Clerk s Department. Mr. Smeltzer presented an overview of the Water Distribution System Master Plan Update which included: 1. Update of the 1999 Water Distribution System Master Plan while considering the 2003 Water Master Plan prepared by the Region;

3 PAGE THREE 2. Discussion of issues facing water providers such as the Town of Fort Erie; 3. Update of the Town s Water Model to H2O Net; 4. Review of operational activities of the Town; and 5. A 10-Year Capital Works Plan for the water distribution system. Mr. Smeltzer reviewed the existing water system components which include a combination of Regional and Town facilities as well as the Town s distribution of watermain materials. He provided a review of study components i.e. coloured water; unbilled (non-revenue) water; backflow prevention/cross connections; update of the H2O Net model; watermain breaks; water quality and fire flow. Mr. Smeltzer advised the Ministry of the Environment will require the Town to develop an Operational Plan consistent with the model document prepared by the MOE and gain accreditation for operation of the water distribution system effective January 1, The Town will also be required to present the Tangible Capital Assets as a historic value on the Balance Sheet and depreciate the value over time effective January 1, The Safe Water Drinking Act regulation will require the preparation of a Financial Plan for Water Systems by July 2010 based on the requirements identified in The Sustainable Water and Sewage Systems Act. In closing, Mr. Smeltzer made the following recommendations: Continue the replacement/rehabilitation of cast iron watermain and AC watermain with leak history; Remove and replace all 100mm diameter cast iron watermain; Reduce the Infrastructure Leak Index (ILI) and by association reduce unbillable water by implementation of zone metering, leak detection program and residential water meter replacement program; Public Education Program for responsible water use, backflow prevention and cross connections; Maintain the H2O Net water model for use in the evaluation of new development or redevelopment; Full implementation of new requirements: Water Emergency Plan, PSAB PS 3150 and Water System Financial Plan. Implementation of a 10-Year Water System Capital Works Plan. (B) REPORTS REPORT NO. IS WATER DISTRIBUTION SYSTEM MASTER PLAN UPDATE - FINAL REPORT Recommendation No. 1 THAT: Council receives Report No. IS regarding the Water Distribution System Master Plan Update (November, 2007) for information purposes.

4 PAGE FOUR (b) REPORT NO. IS YEAR FACILITY CONDITION STATUS REPORT Recommendation No. 2 THAT: Council receives Report No. IS regarding the 5 Year Facility Condition Status Report of Town-owned buildings for information purposes in preparing for the 2008 Budget deliberations. (c) REPORT NO. IS WINGER ROAD MUNICIPAL DRAIN - TO PROVIDE DRAINAGE WORKS Recommendation No. 3 Moved by: Councillor Steckley THAT: Council implements the Provincial Order as received by the Ontario Drainage Referee's Office on November 9, 2007 dated November 5, 2007, and further THAT: Council implements the Ontario Drainage Tribunal Order dated October 20, 2006 to proceed with drainage works on the Winger Road Municipal Drain, and further THAT: Council allows staff to proceed with the requirements of the Drainage Act and follow the "Recommended Schedule-Figure 1" as indicated in this report. (d) REPORT NO. IS MODIFICATION TO THE TENDER FOR THE REMOVAL AND REPLACEMENT OF THE BLACK CREEK (SHAGBARK LANE) BRIDGE - TENDER NO. IS.05SHAG Recommendation No. 4 THAT: Council accept the recommended revised bridge design (being 1.8 m wide with a steel deck), and further THAT: Council direct staff to prepare and execute the change order on behalf of the Town of Fort Erie. (e) REPORT NO. IS AWARD TO TENDER FOR THE CRESCENT PARK AREA CHEMICAL SEALING OF SANITARY SEWERS - CONTRACT NO. IS.07SEAL Recommendation No. 5 THAT: Council accepts the low tender for the Crescent Park Area Chemical Sealing of Sanitary Sewers - Contract No. IS.07SEAL in the amount of $31,651.60, including g.s.t., to Veolia ES Sewer Services Inc. of Pickering, Ontario, and further THAT:The unit price submitted be used to complete additional works in this area to an upset limit of $6,500, including g.s.t., and further THAT: Staff be authorized to prepare the by-law authorizing the Mayor and Clerk to execute the contract on behalf of the Town of Fort Erie.

5 PAGE FIVE (f) REPORT NO. IS EXTRANEOUS FLOW REDUCTION PROGRAM - IN HOME INSPECTIONS Recommendation No. 6 THAT: Council receives Report No. IS for information purposes as a progress update on the Home Inspection component of our Extraneous Flow Reduction Program. (g) REPORT NO. IS AMENDMENTS TO ONTARIO REGULATION 170/03 UNDER THE SAFE DRINKING WATER ACT (SDWA) Recommendation No. 7 THAT: Council receives Report No. IS for information purposes as an advisory of regulatory amendments that impact the operation of our Water/Wastewater Utility. (h) REPORT NO. IS PUBLIC NOTIFICATION OF SEWAGE DISCHARGES TO THE ENVIRONMENT Recommendation No. 8 THAT: Council receive Report No. IS-59-07, regarding Public Notification of Sewage Discharges to the Environment, for information purposes, and further THAT: In the event that the Town is required to discharge sewage to the environment in the future, the notification protocol described in IS be exercised. (i) REPORT NO. IS BULK WATER SALES COMMERCIAL WATER HAULERS Recommendation No. 9 THAT: Council receive Report No. IS-60-07, regarding Bulk Water Sales - Commercial Water Haulers, for information purposes, and further THAT: Council repeal By-law No , being a by-law to authorize the entry into Commercial Water Haulers Agreements, and further THAT: Council amend Schedule "A" to By-law No to reflect the new recommended bulk water rate equal to the current established water rate plus $0.05 per cubic meter, and further THAT: Council authorize staff to implement a simplified application and billing process for the sale of bulk water from Town bulk water stations in accordance with Report No. IS

6 PAGE SIX (C) NEW BUSINESS/ENQUIRIES Councillor Lockwood Councillor Lockwood enquired about the progress of the rehabilitation of Garrison Road from Concession Road to Central Avenue. Mr. Tripp responded the tender recently closed. He is meeting with the Region and Canadian Niagara Power to discuss cost-sharing responsibilities on Wednesday, November 21, He indicated to Council the tender was set-up in a manner that would allow the scaling back of work to meet budget allocation. The tendered value of the road portion, which is a Regional responsibility, is beyond their 2007 budget allocation and they will now have to factor it into the 2008 budget. The report will be forthcoming in December (b) Councillor Noyes Councillor Noyes enquired if all of the railroad tracks throughout the Town have been inspected. She also noticed that two weeks ago, the trains in Stevensville were traveling at a snail s pace and it appears they have decreased their speed to about 30 m.p.h. blocking intersections. Mr. Tripp advised he would follow up with CN. (D) BUSINESS STATUS REPORT N/C 7) CORPORATE SERVICES (A) DELEGATIONS NIL (B) REPORTS REPORT NO. CAO-22/LC LAND MATTERS: OCTOBER 29, 2007 LAND COMMITTEE MEETING MINUTES Recommendation No. 10 THAT: Council approve the October 29, 2007 Land Committee meeting minutes attached as Appendix "1" to Report No. CAO-22/LC At this point, Councillor Noyes turned the Chair over to Councillor Annunziata in order to speak to the matter.

7 PAGE SEVEN (b) REPORT NO. CS APPOINTMENT OF INDEPENDENT INVESTIGATOR PURSUANT TO SECTION 239.2, MUNICIPAL ACT, 2001 Recommendation No. 11 THAT: A by-law be submitted to Council to appoint and enter into an agreement with Local Authority Services Ltd. for a period of two (2) years to act as the Town's Investigator for closed meetings effective January 1, Recommendation No. 12 THAT: The report be tabled to a Council-in-Committee Meeting in December 2007 in order to receive information from the Ombudsman Office. Councillor Noyes resumed the Chair. (c) REPORT NO. CS WRITE-OFF OF MUNICIPAL TAXES, THE MUNICIPAL ACT, 2001 Recommendation No. 13 THAT: The list of taxes and penalties totaling $7, be deemed uncollectible and struck from the roll, in accordance with Section 354 of the Municipal Act, (d) REPORT NO. CS APPORTIONMENT OF TAXES, UNDER SECTION 356(1) 2007 Recommendation No. 14 THAT: Council authorize the apportionment of taxes for a severance of lands for roll numbers and for the 2007 assessed value of $228,000 and 2007 taxes of $6, and direct staff to prepare the appropriate by-law. (e) REPORT NO. CS RD QUARTER FINANCIAL REPORT Recommendation No. 15 THAT: Council receive Report No. CS for information purposes, the interim financial report for the nine months ending September 30, (f) REPORT NO. CS ESTABLISHMENT OF BUDGET GUIDELINES Recommendation No. 16 THAT: The budget be prepared based on the assumptions of the key drivers impacting the budget, as outlined in Report No. CS

8 PAGE EIGHT Recommendation No. 17 THAT: The report be amended to direct staff to limit the increase of the local tax rate to 4%. Recommendation No. 18 THAT: The budget be prepared based on the assumptions of the key drivers impacting the budget, as outlined in Report No. CS-37-07, as amended. (g) REPORT NO. CS ACCOUNTABILITY AND TRANSPARENCY POLICY Recommendation No. 19 THAT: The Council of the Municipality of Fort Erie adopt a policy to ensure that it is accountable to the public for its actions and that its actions are transparent to the public, in the form attached as Appendix "1" hereto. (h) REPORT NO. CS DELEGATION OF POWERS AND DUTIES POLICY Recommendation No. 20 THAT: The Council of the Municipality of Fort Erie adopt a policy regarding the delegation of its powers and duties, in the form attached as Appendix "1" hereto. (C) NEW BUSINESS/ENQUIRIES NIL (D) BUSINESS STATUS REPORT N/C 8) CLOSED SESSION Closed Session Recommendation No. 21 THAT: Council does now go into closed session to discuss the following: Human Resource Matter (Personal matters about an identifiable individual, including municipal or local board employees - Section 239 2(b) of Municipal Act, 2001) re Performance Evaluation of Chief Administrative Officer, and further THAT: Councillor Whitfield shall be appointed to carry out the duties of the Clerk for the purposes of this meeting. Recommendation No. 22 THAT: Council does hereby rise and reconvene with no report.

9 PAGE NINE 9) SCHEDULING OF MEETINGS Master Plan Council Meeting Tuesday, November 20, 2007 from 5:00-7:00 p.m. Conference Room #1 (b) Environmental Advisory Committee Meeting Wednesday, November 21, 2007 at 5:00 p.m. Conference Room #3 (c) Community Health and Wellness Meeting Wednesday, November 21, 2007 at 6:00 p.m. 10) ADJOURNMENT Recommendation No. 23 THAT: Council-in-Committee does now hereby adjourn at 8:46 p.m. MAYOR CLERK