Agenda Contents

Agenda
Cornwall City Council



Meeting ID:2009-08
Meeting Date:Tue April 14, 2009 07:00 PM
Location:Council Chambers
Chair:CN=Bob Kilger/OU=CITYHALL/O=CityCornwall
Prepared By:CN=Denise Labelle-Gelinas/OU=CITYHALL/O=CityCornwall


  

IN-CAMERA SESSION

An In-Camera meeting was held at 5:15 p.m. to discuss matters that fell under the Municipal Act, 2001, c.23 s.239:
- 2 (b) personal matters about an identifiable individual, including municipal or local board employees;
- 2 (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;
- 3.1 (1) The meeting is held for the purpose of educating or training the members.
- 3.1 (2) At the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the council, local board or committee.


ROLL CALL
APPEL

Mayor Bob Kilger
Councillor Kim Baird
Councillor Denis Carr
Councillor Bernadette Clément
Councillor Syd Gardiner
Councillor Glen Grant
Councillor Denis Thibault
Councillor Elaine MacDonald
Councillor Mark MacDonald
Councillor André Rivette
Councillor Mary Ann Hug
April 2009 Acting Mayor - Councillor Denis Thibault


INVOCATION
PRIÈRE


NATIONAL ANTHEM
HYMNE NATIONAL

Oh, Canada
Our home and native land,
True patriot love
In all thy sons command.
With glowing hearts
We see thee rise,
The true, north, strong, and free.
From far and wide
Oh Canada
We stand on guard for thee.
God keep our land
Glorious and free.
Oh, Canada we stand on guard for thee,droits.
Oh, Canada
we stand on guard for thee.
O Canada!
Terre de nos aîeux,
Ton front est ceint
de fleurons glorieux!
Car ton bras
sait porter l'épée,
Il sait porter
la croix! Ton histoire
est une épopée,
Des plus brillants exploits.
Et ta valeur,
de foi trempée,
Protégera nos foyers et nos droits.
Protégera nos foyers
et nos droits.



ADDITIONS, DELETIONS OR AMENDMENTS
ADJONCTIONS, EFFACEMENTS OU MODIFICATIONS
All matters listed under General Consent, save and except “Delegations” are considered to be routine and will be enacted by one motion. Should a Council member wish an alternative action from the proposed recommendation, the Council member shall request that this matter be moved to “Communications” at this time.


DISCLOSURE OF INTEREST
DÉCLARATIONS D’INTÉRÊT PÉCUNIAIRE


COMMITTEE OF THE WHOLE
SÉANCE DE COMMISSION ÉTENDUE À LA CHAMBRE ENTIÈRE
We will now go into Committee of the Whole and that all Minutes, Presentations, Delegations, Consent/Correspondence, Resolutions, Reports and By-laws 038 to 049 of 2009 shall be considered and referred to that Committee.


GENERAL CONSENT
CONSENTEMENT GÉNÉRAL


ADOPTION OF MINUTES
RATIFICATION DES PROCÈS-VERBAUX
The following Minutes are presented for adoption. Should there be no corrections noted, the Minutes shall stand approved as presented.


1 March 23, 2009 Cornwall City Council Meeting
Click for detail --> March 23, 2009 Cornwall City Council Meeting (page 1)


2 April 6, 2009 Cornwall City Council Meeting
Click for detail --> April 6, 2009 Cornwall City Council Meeting (page 20)


PASSING OF THE BY-LAWS - FIRST AND SECOND READINGS
LE PASSAGE DES RÈGLEMENTS MUNICIPAUX - PREMIÈRE ET DEUXIÈME LECTURES
The following By-laws are presented to Council for passing and it is recommended that By-laws 038 to 049 of 2009 inclusive be read a first time and be considered as read a second time.


2009-038 A by-law to authorize the execution of an extension agreement pursuant to section 378 of the Municipal Act, 2001
Click for detail --> A by-law to authorize the execution of an extension agreement pursuant to section 378 of the Municipal Act, 2001


Exp-038 Explanation of Purpose and Effect of By-law No. 2009-038, Tax Extension Agreement
Click for detail --> Explanation of Purpose and Effect of By-law No. 2009-038, Tax Extension Agreement (page 33)


2009-039 A by-law to authorize the execution of an extension agreement pursuant to section 378 of the Municipal Act, 2001
Click for detail --> A by-law to authorize the execution of an extension agreement pursuant to section 378 of the Municipal Act, 2001


Exp-039 Explanation of Purpose and Effect of By-law No. 2009-039, Tax Extension Agreement
Click for detail --> Explanation of Purpose and Effect of By-law No. 2009-039, Tax Extension Agreement (page 35)


2009-040 A Bylaw to amend the Traffic and Parking By-law 069-1989 to impose Parking privileges for persons with disabilities
Click for detail --> A Bylaw to amend the Traffic and Parking By-law 069-1989 to impose Parking privileges for persons with disabilities


Exp-040 Parking for Persons with Disabilities
Click for detail --> Parking for Persons with Disabilities (page 37)


2009-041 A By-law to authorize the Corporation of the City of Cornwall to renew its Lease Agreement with East Side Community Boxing Club/ Jorge Luis at St. Joseph Park
Click for detail --> A By-law to authorize the Corporation of the City of Cornwall to renew its Lease Agreement with East Side Community Boxing Club/ Jorge Luis at St. Joseph Park


Exp-041 Lease Agreement/ Eastside Boxing Club/ St-Joseph Park Clubhouse
Click for detail --> Lease Agreement/ Eastside Boxing Club/ St-Joseph Park Clubhouse (page 39)


2009-042 A By-Law to authorize the extension of the concession /vending contract for the Civic Complex and the Aquatic Centre with Brown's Fine Foods Inc. until such time as the City is prepared to issue and award an RFP for concession services for the proposed multisport/arena project.
Click for detail --> A By-Law to authorize the extension of the concession /vending contract for the Civic Complex and the Aquatic Centre with Brown's Fine Foods Inc. until such time as the City is prepared to issue and award an RFP for concession services for the proposed multisport/arena project.


2009-043 A By-law to authorize the temporary closing of various city streets for Watermain Rehabilitation / Replacement Project.
Click for detail --> A By-law to authorize the temporary closing of various city streets for Watermain Rehabilitation / Replacement Project.


2009-044 A Bylaw authorizing 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.
Click for detail --> A Bylaw authorizing 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.


2009-045 A Bylaw to name and dedicate Parts 4, 5, and 6 on Reference Plan 52R-5682, Part of Lot 'D' Concession 2, Geographic Township of Cornwall, Now in the City of Cornwall, County of Stormont as Optimum Drive.
Click for detail --> A Bylaw to name and dedicate  Parts 4, 5, and 6 on Reference Plan 52R-5682, Part of Lot 'D' Concession 2, Geographic Township of Cornwall, Now in the City of Cornwall, County of Stormont as Optimum Drive.


2009-046 A By-law to authorize The Corporation of the City of Cornwall to enter into a Letter of Agreement with Her Majesty the Queen in right of the Province of Ontario as represented by the Minister of Transportation for the Province of Ontario for funding provided under the 'Dedicated Gas Tax Funds for Public Transportation Program
Click for detail --> A By-law to authorize The Corporation of the City of Cornwall to enter into a Letter of Agreement with Her Majesty the Queen in right of the Province of Ontario as represented by the Minister of Transportation for the Province of Ontario for funding provided under the 'Dedicated Gas Tax Funds for Public Transportation Program


2009-047 A By-law to enter into a revised Legal Infrastructure Agreement with Cornwall Compassion Centre for Best Start Infrastructure Funding
Click for detail --> A By-law to enter into a revised Legal Infrastructure Agreement with Cornwall Compassion Centre for Best Start Infrastructure Funding (approved March 23, 2009)


2009-048 A By-Law to authorize the Temporary Road Closures for Inspection of Interceptor Sewer for work by Andrews Infrastructure on the Montreal Road interceptor.
Click for detail --> A By-Law to authorize the Temporary Road Closures for Inspection of Interceptor Sewer for work by Andrews Infrastructure on the Montreal Road interceptor.


Exp-048 Explanatory Note - By-Law for Temporary Road Closures for Inspection of Interceptor Sewer
Click for detail --> Explanatory Note - By-Law for Temporary Road Closures for Inspection of Interceptor Sewer (page 41)


2009-049 A Bylaw to authorize Designating Signing Officers for the Execution to Contribution Agreements between various Ministries and The Corporation of the City of Cornwall
Click for detail --> A Bylaw to authorize Designating Signing Officers for the Execution to Contribution Agreements between various Ministries and The Corporation of the City of Cornwall


CONSENT/CORRESPONDENCE
CONSENTEMENT / CORRESPONDANCE


1 Proclamations
Click for detail --> Proclamations (page 42)

Action Recommended
1. That Council declare April 18th through the 26th, 2009 as Ontario Coaches Week in the City of Cornwall.

2. That Council endorse its participation and recognize Earth Hour on Saturday, March 28, 2009.

3. That Council proclaim the week of May 11 to the 17th as Nursing Week within the City of Cornwall.


2 Membership Renewal - Great Lakes and St. Lawrence Cities Initiative
Click for detail --> Membership Renewal - Great Lakes and St. Lawrence Cities Initiative (page 48)

Action Recommended
That Council approve the expenditure of $3,000 (U.S. Funds) for the 2009 Great Lakes and St. Lawrence Cities Initiative Membership. (2008 Membership Fee - $3,000)


3 International Building Safety Week Proclamation 2009
Click for detail --> International Building Safety Week Proclamation 2009 (page 50)

Action Recommended
Building Departments and Building Officials throughout the Province of Ontario provide a critical role in maintaining and improving public safety.

I would ask that City Council declare the week of May 3rd to 9th, 2009 as International Building Safety Week in the City of Cornwall, in support of Building Officials and Building Departments. It is also important to recognize their dedication and commitment.

Please find attached a declaration for International Building Safety Week.

Also, included is information to help understand the role of the Building Code and Building Official.




4 Staff Replacement - Full Time Maintenance Technician
Click for detail --> Staff Replacement - Full Time Maintenance Technician (page 58)

Action Recommended
Council approve the replacement of one (1) Full-Time Maintenance Technician at the Glen-Stor-Dun Lodge effective April 15, 2009.


5 Petition - ATVs and skidoo use within City limits
Click for detail --> Petition - ATVs and skidoo use within City limits (page 60)

Action Recommended
That the petition signed by 126 residents along the path of Cedar Rapids Transmission Line corridor, between McConnell Avenue and Power Dam Drive, requesting that Council not permit motorized vehicles following its trial period, due to noise levels and damage caused to private and public property, be referred to Administration for report.


6 Staff Replacement - Sub-Foreman 1, Roads Section
Click for detail --> Staff Replacement - Sub-Foreman 1, Roads Section (page 69)

Action Recommended
That Council approve the hiring of a Sub-Foreman for the Roads Section, in the Municipal Works Division.


7 Staff Replacement - Skilled Labourer, Municipal Works Division
Click for detail --> Staff Replacement - Skilled Labourer, Municipal Works Division (page 71)

Action Recommended
That Council approve the hiring of a Skilled Labourer for the Municipal Works Division.


RESOLUTIONS / BUSINESS ARISING FROM NOTICE OF MOTION
To be considered by separate motion.
RÉSOLUTIONS / AFFAIRES ÉMANANT DES AVIS DE MOTIONS
Pour être considéré selon une motion séparé.


2009-14 Retail Business Holidays Act - Good Friday
Click for detail --> Retail Business Holidays Act - Good Friday (page 73)

WHEREAS Section (1) of The Retail Business Holiday Act States that Despite Section 2 (Prohibition) and Section 3 (Exemptions: small stores), the Council of a municipality may by By-law permit retail business establishments in the municipality to be open on any holiday or may require business establishments to close on any holiday; and

WHEREAS Retailers in the City of Cornwall have no choice whether they open or not; and

WHEREAS Retailers in the US, Quebec, Morrisburg and Alexandria are allowed to open on Good Friday because of tourist designation or as in Alexandria Council passed a Bylaw in 1996 that allows that retail business establishments to remain open.

NOW THEREFORE BE IT RESOLVED That City Council instruct Administration to prepare a report outlining requirements set out under Regulation 711/91 identifying the tourism criteria that must be met before a municipality can pass an exemption Bylaw under Subsection 4(1) of the RBHA that would see all retail businesses establishments in the City of Cornwall be permitted to remain open on Good Friday for the maintenance or development of tourism.



2009-15 Eastern Ontario Development Fund
Click for detail --> Eastern Ontario Development Fund (page 74)

WHEREAS the Corporation of the City of Cornwall have made application to the Eastern Ontario Development Fund program for assistance in covering the costs of the construction of Optimum Drive, extending from SCM Way to Industrial Park Road.

WHEREAS the City is currently within the Province's review period in the application process, and

WHEREAS The Corporation requires a resolution of City Council indicating its commitment to the project once approved by the Province.

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF CORNWALL ENACTS AS FOLLOWS:

1. That the Council of The Corporation of the City of Cornwall commits itself to the construciton of Optimum Drive.



REPORTS FROM UNFINISHED BUSINESS
RAPPORTS DES AFFAIRES INCOMPLETS


COMMUNICATIONS / REPORTS
COMMUNICATIONS / RAPPORTS


1 Lease Renewal - Alexandria Social Services Office
Click for detail --> Lease Renewal - Alexandria Social Services Office (page 77)

Action Recommended
Subject to the landlord complying to the conditions of the lease renewal, that Council prepare a By-law authorizing the Mayor and Clerk to sign a tenancy agreement with 854528 Ontario Inc. for a five year term commencing May 1st 2009.


2 Public Awareness & Education, Legislative Enforcement
Click for detail --> Public Awareness & Education, Legislative Enforcement(page 79)

Action Recommended
That Council receive this report for information.


3 Spring Clean Up and Green Up and Earth Day
Click for detail --> Spring Clean Up and Green Up and Earth Day (page 89)

Action Recommended
That Council receive this report.


4 Request for Farmers' Market - George Assaly Lot
Click for detail --> Request for Farmers' Market - George Assaly Lot (page 92)

Action Recommended
That Council approve the use of the George Assaly lot for a Farmers' Market from Victoria Day weekend until the end of October, subject to the Downtown Business Improvement Area (DBIA) working out operational issues.


5 Interim Report/Library Renovations/Art Gallery
Click for detail --> Interim Report/Library Renovations/Art Gallery (page 94)

Action Recommended
1. That Council direct Staff to commission the Thompson Rosemount Group to provide an updated Class "D" Construction Cost Estimate for the east side of the basement based on an earlier version to accommodate the City's Leisure Arts Programs and possibly other Art Space in the future and provide a functional feasibility plan and a Class "D" Construction Cost Estimate for the west side of the library to accomodate the Cornwall Regional Art Gallery as per their request.

2. That the cost of the work ($14,000 plus GST and printing disbursements, maximum of $1,000) be added to the 2009 operating budget.

3. That Administration provide a further update at a subsequent meeting on the status of the formation of an Arts Council once the work initiated by Councillor Syd Gardiner is completed, and provide a list of definite Arts Groups interested in an Arts Centre located in the Cornwall Public Library.


6 RFP No. 05-R23 Concession and Vending Agreement / Civic Complex and Aquatic Centre
Click for detail --> RFP No. 05-R23 Concession and Vending Agreement / Civic Complex and Aquatic Centre (page 101)

Action Recommended
That Council authorize the extension of the concession/vending contract for the Civic Complex and the Cornwall Aquatic Centre with Brown's Fine Foods Inc. formerly known as GlenServices as per clause Section 11 (b) of the existing contract until such time as the City is prepared to issue and award an RFP for concession services for the proposed multisport/arena project.


TENDERS AND REQUESTS FROM PROPOSAL
SOUMISSIONS ET DEMANDE DE PROPOSITION


1 Tender No. 09-T21 Supply of One Vacuum Street Sweeper with Operator
Click for detail --> Tender No. 09-T21 Supply of One Vacuum Street Sweeper with Operator (page 103)

Action Recommended
That Tender 09-T21 be awarded to Richard's Sweeping, Alexandria, Ontario, at the total bid price of $78.38/hour (net cost to the Corporation - $74.65/hour) being the best bid meeting the tender specifications.


2 Tender No. 09-T10 Supply & Placing of Nursery Sod
Click for detail --> Tender No. 09-T10 Supply & Placing of Nursery Sod (page 105)

Action Recommended
That Tender 09-T10 be awarded to MacDonell's Garden Centre, Cornwall, Ontario being the best bid meeting the tender specifications.


3 Tender No. 09-T11 Supply of Crushed Stone, Stone Dust & Masonry Sand
Click for detail --> Tender No. 09-T11  Supply of Crushed Stone, Stone Dust & Masonry Sand (page 107)

Action Recommended
That Tender 09-T11 be awarded to Cornwall Gravel Company Ltd., Cornwall, Ontario at the total bid price of $66,217.16(net cost to the Corporation - $63,235.35) being the best bid meeting the tender specifications.


4 Tender No. 09-T08 Supply of Ready Mix Concrete
Click for detail --> Tender No. 09-T08  Supply of Ready Mix Concrete (page 110)

Action Recommended
That Tender 09-T08 be awarded to Grant Ready Mix Concrete, Cornwall, Ontario being the best bid meeting the tender specifications.


5 Tender No. 09-T09 Supply of Hot Mix Asphalt
Click for detail --> Tender No. 09-T09  Supply of Hot Mix Asphalt (page 113)

Action Recommended
That Tender 09-T09 be awarded to Cornwall Gravel Company Ltd.,Cornwall, Ontario being the best bid meeting the tender specifications.


6 Tender No. 09-T07 Asphalt Paving & Concrete Works on Various City Streets
Click for detail --> Tender No. 09-T07  Asphalt Paving & Concrete Works on Various City Streets (page 115)

Action Recommended
That Tender 09-T07 be awarded to Malyon Excavation Ltd., Cornwall, Ontario, at the total bid price of $1,854,227.02 (net cost to the Corporation - $1,765,930.50) being the best bid meeting the tender specifications.


7 Tender No. 09-T31 Supply & Delivery of Water Meters
Click for detail --> Tender No. 09-T31 Supply & Delivery of Water Meters (page 118)

Action Recommended
That Tender 09-T31 be awarded to Evans Supply Ltd., London, Ontario , at the total bid price of $126,597.24 (net cost to the Corporation - $120,995.59) being the best bid meeting the tender specifications.


PRESENTATIONS
PRÉSENTATIONS


1 EARTH DAY - 2009 Spring Clean-Up
Click for detail --> EARTH DAY - 2009 Sprint Clean-Up (page 21)


DELEGATIONS
DÉLEGATIONS


NEW BUSINESS
NOUVELLES AFFAIRES

Link to Submission - Submission Cornwall City Council - 4/14/2009 7:00:00 PM - Sewer Laterals - New Business


PASSING OF BY-LAWS - THIRD AND FINAL READING
PASSAGE DE RÈGLEMENTS MUNICIPAUX - TROISIÈME ET DERNIÈRE LECTURE
That By-laws 038 to 049 of 2009 inclusive, listed on the Agenda for third reading be taken as read a third time and finally passed.


REPORTS FROM AD HOC COMMITTEES OF COUNCIL
RAPPORTS DES COMITÉS DU CONSEIL


NOTICES OF MOTION
AVIS DE MOTION


Link to Submission - Submission Cornwall City Council - 4/14/2009 7:00:00 PM - Parks, Facilities and Street Naming - Policy



UNFINISHED BUSINESS LISTING
LISTE DES AFFAIRES INCOMPLETS


1 Unfinished Business Listing for April 14, 2009
Click for detail --> Unfinished Business Listing for April 14, 2009 (page 75)


CONFIRMING BY-LAW
FIRST, SECOND AND THIRD READINGS
RÈGLEMENT MUNICIPAL DE RATIFICATION - PREMIÈRE, DEUXIÈME ET TROIXIÈME LECTURES
That By-law 050 of 2009 being a By-law to confirm the proceedings of the Council of The Corporation of the City of Cornwall at its meeting held on Tuesday April 14, 2009, having been read a first, second and third time, be now taken as read and passed.


1 A By-law to adopt, ratify and confirm the proceedings of the Council of The Corporation of the City of Cornwall at its meetings held on Tuesday April 14, 2009
Click for detail --> A By-law to adopt, ratify and confirm the proceedings of the Council of The Corporation of the City of Cornwall at its meetings held on Tuesday April 14, 2009


ADJOURNMENT
AJOURNEMENT


NEXT REGULAR MEETING OF COUNCIL to be held Monday April 27, 2009