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The following are the minutes of the Regular Council meeting held at 4:05 p.m. in the Regional Council Chamber, 150 Frederick Street, Kitchener, Ontario, with the following members present: Chair K. Seiling, J. Brewer, M. Connolly, H. Epp, T. Galloway, J. Haalboom, R. Kelterborn, C. Millar, J. Mitchell, W. Roth, J. Smola, B. Strauss, J. Wideman, and C. Zehr.
Regrets: D. Craig, K. Denouden
DECLARATIONS OF PECUNIARY INTEREST UNDER THE MUNICIPAL CONFLICT OF INTEREST ACT
None declared.
CLOSED SESSION
MOVED by J. Smola
SECONDED by M. Connolly
That a closed meeting of Council be held on Wednesday, April 12, 2006 at 3:45 p.m. in accordance with Section 239 of the Municipal Act, 2001, for the purposes of considering the following subject matters:
a) proposed acquisition of land
b) proposed acquisition of land
c) proposed acquisition of land
d) proposed acquisition of land
e) personal matters about identifiable individuals
f) personal matters about identifiable individuals
g) personal matters about identifiable individuals
h) personal matters about identifiable individuals
CARRIED
MOVED by J. Brewer
SECONDED by C. Millar
The Council reconvene in Open Session.
CARRIED
MINUTES OF PREVIOUS MEETINGS
A revised page 6 of the Community Services Committee minutes was included on the Consolidated Agenda.
MOVED by B. Strauss
SECONDED by C. Zehr
THAT the following Minutes be approved as amended:
a) Council – March 22, 2006
b) Licensing and Retail – March 22, 2006
c) Planning & Works – April 4, 2006
d) Community Services – April 4, 2006
CARRIED
MOVED by M. Connolly
SECONDED by J. Brewer
THAT Council go into Committee of the Whole to consider reports.
CARRIED
FINANCE REPORTS
a) F-06-024, T2006-015 Construction and Testing of Test Production Wells Cambridge East Integrated Urban System (IUS) Groundwater Supply Project, City of Cambridge
MOVED by M. Connolly
SECONDED by J. Wideman
THAT the Regional Municipality of Waterloo accept the tender of Gerrits Well Drilling Inc., for the Construction and Testing of Test Production Wells Cambridge East Integrated Urban System (IUS) Groundwater Supply Project, City of Cambridge in the amount of $828,342.58 including all applicable taxes.
CARRIED
b) F-06-025, T2006-009 Hartman Bridge Rehabilitation Huron Street, Regional Road No. 4 New Hamburg, Township of Wilmot
MOVED by M. Connolly
SECONDED by J. Wideman
THAT the Regional Municipality of Waterloo accept the tender of McLean Taylor Construction Limited for the Hartman Bridge Rehabilitation Huron Street, Regional Road No. 4 New Hamburg, Township of Wilmot at a total price of $1,607,846.19 including all applicable taxes, subject to the receipt of the approval from Transport Canada under the Navigable Waters Protection Act for construction work over the Nith River;
AND THAT the Regional Municipality of Waterloo approve a capital budget transfer of $55,828.21 to fund the projected cost increase;
AND FURTHER THAT the Regional Municipality of Waterloo authorize the Commissioner of Transportation and Environmental Services or designate to execute any required Consents to Enter, or other documentation as required, all to the satisfaction of the Regional Solicitor.
CARRIED
c) F-06-026, T2006-013 Regional Road 24 (Hespeler Road) Reconstruction and Widening Munch Avenue to Dunbar Road, City of Cambridge
MOVED by M. Connolly
SECONDED by J. Wideman
THAT the Regional Municipality of Waterloo accept the tender of Steed & Evans Limited for Regional Road 24 (Hespeler Road) Reconstruction and Widening Munch Avenue to Dunbar Road, City of Cambridge at a total price of $2,947,850.00 including all applicable taxes, subject to approval from the City of Cambridge Council for the City’s share of costs for this project;
AND THAT the Regional Municipality of Waterloo approve an increase in project costs of $655,498.56 gross and $0.00 net to facilitate the work undertaken on behalf of the City of Cambridge;
AND FURTHER THAT the Regional Municipality of Waterloo authorize the Commissioner of Transportation and Environmental Services or Designate to execute any required Consents to Enter, or other documentation as required, all to the satisfaction of the Regional Solicitor.
CARRIED
d) F-06-027, 2006 Provincial Budget - Funding for Waterloo Region was received for information. M. Connolly inquired if any of this money could be used for the Medical School. Larry Ryan, Chief Financial Officer, advised the money has been earmarked for road and bridge infrastructure but staff will inquire if this would be possible.
COMMITTEE REPORTS
Planning & Works
The Summary of Recommendations of the Planning and Works Committee was presented by Jim Wideman, Chair of the Committee.
MOVED by J. Wideman
SECONDED by B. Strauss
THAT the Summary of Recommendations of the Planning and Works Committee, dated April 4, 2006, Items 1 to 7 and 4 reports from closed session, Items 8 to 11, be adopted as follows:
The Planning and Works Committee recommends as follows:
1. THAT The Regional Municipality of Waterloo accept P-06-038, Monthly Report for Development activity for February 2006, dated April 4, 2006.
2. THAT The Regional Municipality of Waterloo approve the following with regard to the Universal Transit Pass (“U-Pass”) for Wilfrid Laurier University, as described in Report P-06-035, dated April 4, 2006:
a) enter into a five-year agreement with the Wilfrid Laurier University Students’ Union and Wilfrid Laurier University to continue implementation of the universal transit pass (U-Pass) for Wilfrid Laurier University undergraduate students;
b) finalize the terms and conditions of the agreement to the satisfaction of the Regional Solicitor; and
c) authorize the Regional Chair and Regional Clerk to execute the subject agreement.
3. THAT The Regional Municipality of Waterloo enter into an Agreement with The Walter Fedy Partnership to provide engineering services for Class Environmental Assessment, design, contract administration and construction services for the reconstruction of Highland Road from Queen Street to West of Patricia Avenue and Queen Street from Highland Road to Courtland Avenue in the City of Kitchener at an upset fee limit of $166,100.00 plus applicable taxes for the Class Environmental Assessment and design phase, with contract administration and construction inspection to be paid on a time basis. [E-06-038]
4. THAT The Regional Municipality of Waterloo enter into an Engineering Agreement with Delcan Corporation of Kitchener, Ontario to provide engineering services for a Class Environmental Assessment, detailed design, contract administration and construction inspection for the Eagle Street Improvements, Industrial Road to Concession Road in the City of Cambridge at an upset limit of $269,460.00 plus applicable taxes for the environmental assessment and detailed design phases, with contract administration and construction inspection to be paid on a time basis. [E-06-042]
5. THAT The Regional Municipality of Waterloo accept the proposal from Pattison Outdoor
Advertising to clean the Region’s 200 bus shelters at a cost of $5.00 each or $1,000/week, to an annual cost of $28,000; and 150 ad shelters at no cost;
AND THAT The Region of Waterloo authorize an over expenditure to the 2006 Transit Operating Budget of $28,000.
6. THAT The Regional Municipality of Waterloo approve the following with regards to Can-Amera Parkway and Townline Road:
a) Amend By-law #01-059, as amended, to assume from the City of Cambridge the Can-Amera Parkway lands between Franklin Boulevard (Regional Road #36) and Townline Road (Regional Road #33) as described below that are designated as open road to the Regional Road System to form part of Regional Road #80 in the City of Cambridge:
i) Part of Lot 1, Registrar’s Compiled Plan 1380, in the City of Cambridge, Regional Municipality of Waterloo, described as Parts 4 and 5, Reference Plan 58R14373;
ii) Part of Lots 1 and 2, Registrar’s Compiled Plan 1380, in the City of Cambridge, Regional Municipality of Waterloo, described as Parts 1, 3 and 16, Reference Plan 58R-12105;
iii) Part of Lots 7, 8 and 9, Registered Plan 58M-192, in the City of Cambridge, Regional Municipality of Waterloo, described as Parts 4, 10, 13 and 16, Registered Plan 14374;
iv) Part of Lot 27, Registrar’s Compiled Plan 1383, in the City of Cambridge, Regional Municipality of Waterloo, described as Parts 1, 2, 4 and 5 Reference Plan 58R-13904;
v) Part of Lot 6, Registrar’s Compiled Plan 1386, in the City of Cambridge, Regional Municipality of Waterloo, described as Blocks 302 and 303, Reference Plan 58M-278; and
vi) Part of Burnett Avenue, Registered Plan 58M-129, in the City of Cambridge, Regional Municipality of Waterloo, described as Part 12, Reference Plan 58R-12139.
b) Amend By-law #01-059, as amended, to assume from the City of Cambridge the Townline Road and roundabout in the vicinity of the Can-Amera Parkway as described below that are designated as open road to the Regional Road System to form part of Regional Roads #33 in the City of Cambridge:
i) Part of Lots 5 and 6, Registrar’s Compiled Plan 1386 and Part of Lot 25, Registrar’s Compiled Plan 1383, in the City of Cambridge, Regional Municipality of Waterloo, described as Parts 7 and 8, Reference Plan 58R-14328.
c) Amend By-law #01-059, as amended, to revert to the City of Cambridge the land north of the Can-Amera Parkway at Lingard Road as described below that are designated as open road to form part of the City of Cambridge Road System to form part of Lingard Road:
i) Part of Lot 27, Registrar’s Compiled Plan 1383, in the City of Cambridge, Regional Municipality of Waterloo, described as Part 6 Reference Plan 58R-13904. [E-05-120.1]
7. THAT The Regional Municipality of Waterloo approve the expansion of the demonstration garden at 150 Frederick Street featuring low maintenance plants and shrubs with a capital project upset limit of $10,000, as detailed in Report E-06-041.1, dated April 4, 2006.
8. That the Regional Municipality of Waterloo:
a) approve, enter into an Agreement for, and execute all documentation related to, the acquisition of lands described as Part 2, Reference Plan 58R-15235, in the City of Waterloo, Regional Municipality of Waterloo from Paul Bernard Grose for the sum of $18,400.00, plus associated costs as detailed in Report No. CR-RS-06-018 dated April 4, 2006, to the satisfaction of the Regional Solicitor; and
b) approve, enter into an Agreement for, and execute all documentation related to, the acquisition of lands described as Part 3, Reference Plan 58R-15235, in the City of Waterloo, Regional Municipality of Waterloo from Coppertree Enterprises Ltd. for the sum of $20,000.00, plus associated costs as detailed in Report No. CR-RS-06-018 dated April 4, 2006, to the satisfaction of the Regional Solicitor; and
c) give the Regional Solicitor authority to execute and register, electronically or otherwise, any documentation required to give effect to the foregoing.
9. That the Regional Municipality of Waterloo:
a) approve, enter into an agreement for and execute all documentation related to the acquisition of lands described as Parts 5 and 8 on Reference Plan 58R-14877, and the acquisition of temporary and permanent easements over part of the lands described as Part Lot 32, German Company Tract, City of Kitchener, from VDL (2005) Limited, Geoffrey L. Moore Realty Inc. and Brigadoon Holdings Inc. for the sum of $121,554 plus associated costs, as detailed in Report CR-RS-06-020 dated April 4, 2006, to the satisfaction of the Regional Solicitor;
b) approve, enter into an agreement for and execute all documentation related to the acquisition of part of the lands described as Part of Lot 39, German Company Tract, City of Kitchener from VDL (2005) Limited, Geoffrey L. Moore Realty Inc. and Brigadoon Holdings Inc. for a value based on $150,000.00 per acre times the Purchaser’s interest of 9% times the acreage of the site to be determined by reference plan, estimated at $46,710 subject to land area verification, plus associated costs, as detailed in Report CR-RS-06-020 dated April 4, 2006, to the satisfaction of the Regional Solicitor;
c) approve, enter into an agreement for and execute all documentation related to the acquisition of lands described as Part 3 on Reference Plan 58R-14877 and a temporary easement over part of the lands described as Part Lot 40, German Company Tract, City of Waterloo from VDL (2005) Limited, Geoffrey L. Moore Realty Inc., P. Dietrich Consulting Ltd. and G. Wright & Associates Limited for the sum of $14,002 plus associated costs, as detailed in Report CR-RS-06-020 dated April 4, 2006, to the satisfaction of the Regional Solicitor; and
(d) prove and enter into all documentation related to a storm water management agreement with VDL (2005) Limited, Geoffrey L. Moore Realty Inc. and Brigadoon Holdings Inc. over lands described as Part of Lot 39, German Company Tract, City of Kitchener, as detailed in Report CR-RS-06-020 dated April 4, 2006, to the satisfaction of the Regional Solicitor.
10. That the Regional Municipality of Waterloo:
a) approve, enter into an Agreement for, and execute all documentation related to, the acquisition of lands described as Part 9, Reference Plan 58R-15237, in the City of Kitchener, Regional Municipality of Waterloo from Krystyna Wiecek and Tadeusz Wiecek for the sum of $5,800.00, plus associated costs, including septic tile bed relocation costs of approximately $15,000.00, as detailed in Report No. CR-RS-06-021 dated April 4, 2006, to the satisfaction of the Regional Solicitor; and
b) give the Regional Solicitor authority to execute and register, electronically or otherwise, any documentation required to give effect to the foregoing.
11. That the Regional Municipality of approve and execute all documentation related to payment for the acquisition of lands described as part of Part 3, Reference Plan 58R-15279, in the City of Kitchener, Regional Municipality of Waterloo from Leather by Mann of Canada Limited for the sum of $10,466.00, as detailed in Report No. CR-RS-06-023 dated April 4, 2006, to the satisfaction of the Regional Solicitor.
CARRIED
Community Services
The Summary of Recommendations of the Community Services Committee was presented by Jane Brewer, Chair of the Committee. She advised she has received an email that funding has been confirmed from all area municipalities related to the Pesticide marketing program and a letter from the Catholic School Board that Public Health has been selected as the recipient of the 2006 Waterloo Catholic School Board Community Partners Award.
MOVED by J. Brewer
SECONDED by R. Kelterborn
THAT the Summary of Recommendations of the Community Services Committee dated April 4, 2006, Items 1 to 8 , and 1 report from closed session, Item 9, be adopted as follows:
The Community Services Committee recommends as follows:
1. THAT The Regional Municipality of Waterloo approve in principle the Best Start Phase 1 Implementation Plan subject to the availability of 100% sustainable provincial funding for the plans implementation in 2006/07 and 2007/08.
THAT the Region of Waterloo approve the expenditure of up to $950,000 for the Wilmot Township - Baden Elementary School Project and up to $620,000 for the YWCA Kitchener-Waterloo-St. Joseph’s School Project, from the 2005/2006 100% Provincial Best Start capital funding allocation.
THAT the Region of Waterloo defer further allocations of funding within the 2005/06 Best Start unconditional capital funding until the 2006 Provincial budget approval is received.
AND THAT the approved Best Start Phase 1 Implementation Plan be forwarded to the Ministry of Children and Youth Services as required by the 2005 Provincial Best Start Guidelines, outlined in report SS-06-005, dated April 4, 2006.
2. THAT The Regional Municipality of Waterloo approve a one-time grant totaling $41,000 to the Healing of the Seven Generations, for the completion of a needs assessment for Aboriginal families in the Region of Waterloo, to be funded within the 2005/06 allocation of 100% Provincial Best Start funding as outlined in Report SS-06-013, dated April 4, 2006.
3. THAT The Regional Municipality of Waterloo enter into a three (3) year renewal of an existing rental agreement, commencing April 1 ,2006 with the Elmira Community Nursery School for premises located at the Elmira Child Care Centre located at 22 Mockingbird Drive in Elmira as described in Report SS-06-019, dated April 4, 2006.
4. THAT The Regional Municipality of Waterloo approve the following with regard to the Provincial Consolidated Homelessness Prevention Program (CHPP), as detailed in SS-06-016, dated April 4, 2006:
a) One-time grants for 2006 to the following community agencies subject to 100% funding from the Province:
Reaching our Outdoor Friends $ 56,600
Cambridge Kiwanis Village Non-Profit Housing $ 22,500
Cambridge Shelter Corporation $ 15,000
Lutherwood $112,814
House of Friendship $243,015
K-W YWCA $162,046
Total $611,975
b) The addition of 1.0 full time equivalent to be funded from the CHPP and the Provincial Emergency Energy Fund;
c) The Region continue to fund its share of the costs of the Program in the amount of $15,514;
AND THAT the Regional Municipality of Waterloo request an increase in the CHPP allocation in the 2006 provincial budget submission to reflect actual costs of the implementation of the CHPP Program Guidelines and Performance Measures.
5. THAT The Regional Municipality of Waterloo enter into a purchase of service agreement for the provision of emergency shelter services with Lutherwood for the three Region owned houses used for the Families in Transition Program for a maximum per diem of $39.15;
AND THAT the current Consolidated Homelessness Prevention Program Agreement with Lutherwood for the Families in Transition Program be amended from $95,000 to $47,214 as outlined in report SS-06-017, dated April 4, 2006.
6. THAT The Regional Municipality of Waterloo forward a copy of Report PH-06-019 demonstrating the significant impact of immunization on the health of the residents of the Region of Waterloo to the Minister of Health and Long Term Care, the Ontario Chief Medical Officer of Health and the Association of Local Public Health Agencies of Ontario (alPHa).
7. THAT The Regional Municipality of Waterloo endorse the plan to improve access to rural supports and services offered by the Region of Waterloo, as outlined in Report PH-06-021.
8. THAT the Regional Municipality of Waterloo endorse the 2006 Non-Essential Pesticide Reduction Social Marketing Campaign plan as described in Report PH-06-022.
9. THAT The Regional Municipality of Waterloo approve the re-appointment of Bob Gray, Charlie Roe, Mike Curtis and Gary Nelson to the Kissing Bridge Trailway Advisory Board for a three-year term expiring December 31, 2008, as outlined in Report P-06-036.
CARRIED
Memo: Request by Councillor Connolly for a report regarding programs historically funded by the Province
The memo from M. Murray related to the request from M. Connolly was acknowledged and he is requesting staff to produce this information for the 2007 budget. It was agreed to refer this item to Administration & Finance Committee.
Licensing and Retail Committee
The recommendations of the Licensing and Retail Committee were presented by Jane Mitchell, Chair of the Committee.
MOVED by J. Mitchell
SECONDED by B. Strauss
THAT the recommendations of the Licensing and Retail Committee meeting held March 22, 2006, Items 1 to 3 from closed session, be adopted as follows:
1. THAT The Regional Municipality of Waterloo take the following action with respect to Taxi-cab Driver Licence #5394, Timothy Corlis:
THAT the Regional Municipality of Waterloo not renew the Taxi-cab Driver licence of T. Corlis;
AND FURTHER THAT T. Corlis must reapply for a Taxi-cab Driver licence which will be reviewed in accordance with the guidelines in Taxi-Cab Meter By-Law Number 04-069, as amended.
This decision was recommended to Council because in the opinion of the Committee:
1) There are a significant number of demerit points – ten (10).
2) There have been five (5) moving violations.
3) The licensee did not renew his taxi cab driver license.
4) The licensee demonstrates significant risk to public safety.
2. THAT The Regional Municipality of Waterloo take the following action with respect to Taxi-cab Driver Licence #5335, Nebojsa Opacic:
THAT the Regional Municipality of Waterloo not renew the Taxi-cab Driver licence of N. Opacic;
AND FURTHER THAT N. Opacic must reapply for a Taxi-cab Driver licence which will be reviewed in accordance with the guidelines in Taxi-Cab Meter By-Law Number 04-069, as amended.
This decision was recommended to Council because in the opinion of the Committee:
1) There are a significant number of demerit points – ten (10).
2) There have been three (3) moving violations.
3) The licensee’s taxi cab driver license is on probation until October 28, 2006.
4) The licensee indicated that he did not wish to reapply for a taxi-cab driver’s license until his demerit points reach zero (0).
5) The licensee could endanger public safety.
3. THAT The Regional Municipality of Waterloo take the following action with respect to Taxi-cab Driver Licence #5220, Barry Shantz:
THAT the Regional Municipality of Waterloo not renew the Taxi-cab Driver licence of B. Shantz;
AND FURTHER THAT B. Shantz must reapply for a Taxi-cab Driver licence which will be reviewed in accordance with the guidelines in Taxi-Cab Meter By-Law Number 04-069, as amended.
This decision was recommended to Council because in the opinion of the Committee:
1) There are a significant number of demerit points – fourteen (14).
2) There have been six (6) moving violations.
3) The licensee demonstrates clear and present danger to public safety
4) The licensee did not renew his taxi cab driver licence.
5) The Taxi Broker (City Cabs) has withdrawn sponsorship.
CARRIED
MOVED by J. Mitchell
SECONDED by R. Kelterborn
THAT Committee of the Whole rise and Council resume.
CARRIED
MOVED by J. Wideman
SECONDED by C. Millar
THAT Council adopt the proceeding of the Committee of the Whole.
CARRIED
NOTICE OF MOTION
M. Connolly proposed a motion to send a letter to the Premier and local MPPs requesting the Province provide 75% of the funding for the capital for the Medical School. Chair Seiling advised he is having a meeting with the Minister of Training, Colleges and Universities, Chris Bentley. He suggested this request could flow out of the Committee being established to discuss this matter. J. Brewer stated the motion is premature and a motion could come back to the April 26th meeting. Originally the timeline was to be for April 26th but Chair Seiling suggested due to constraints, the funding request for the Medical School may come back to the May 10th Council meeting.
ENACTMENT OF BY-LAWS – (FIRST, SECOND & THIRD READINGS)
MOVED by J. Brewer
SECONDED by J. Wideman
a) That a By-law to Authorize the Entering into Agreements(s) for the Provision of Municipal Capital Facilities for Affordable Housing by Maple Hill Creek Apts. Inc., in the City of Waterloo be read a first, second and third time, finally passed and numbered 06-024 signed by the Regional Chair and Regional Clerk and sealed with the Regional Seal
b) That a By-law to Amend By-law Number 05-080, A By-law to Establish Fees and Charges for the Regional Municipality of Waterloo be read a first, second and third time, finally passed and numbered 06-025 signed by the Regional Chair and Regional Clerk and sealed with the Regional Seal
c) That a By-law to Repeal By-law 04-051 to Appoint a Temporary Deputy Clerk be read a first, second and third time, finally passed and numbered 06-026 signed by the Regional Chair and Regional Clerk and sealed with the Regional Seal
d) That a By-law to Amend By-law 01-059, as Amended, to Assume from the City of Cambridge the Can-Amera Parkway Lands Between Franklin Boulevard (Regional Road #36) and Townline Road (Regional Road #33), as Outlined in Report E-05-120.1, Designated as Open Road to the Regional Road System to Form Part of Regional Road #80 in the City of Cambridge be read a first, second and third time, finally passed and numbered 06-027 signed by the Regional Chair and Regional Clerk and sealed with the Regional Seal
e) That a By-law to Confirm the Actions of Council of April 12, 2006 be read a first, second and third time, finally passed and numbered 06-028 signed by the Regional Chair and Regional Clerk and sealed with the Regional Seal
CARRIED
ADJOURN
MOVED by C. Millar
SECONDED by J. Brewer
THAT the meeting adjourn.
CARRIED
REGIONAL CHAIR, K. Seiling
REGIONAL CLERK, K. Fletcher
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