THE FOURTH MEETING OF THE ONE HUNDRED AND TWENTY-SIXTH COUNCIL OF THE CORPORATION OF THE CITY OF ST. THOMAS

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THE FOURTH MEETING OF THE ONE HUNDRED AND TWENTY-SIXTH COUNCIL OF THE CORPORATION OF THE CITY OF ST. THOMAS COUNCIL CHAMBERS CITY HALL FEBRUARY 6TH, 2006 6:00 p.m. The meeting convened with His Worship, Mayor Jeff Kohler, presiding. ATTENDANCE Members Officials Mayor J. Kohler W. Graves, City Clerk Alderman B. Aarts W. Day, Director of Finance & City Treasurer C. Barwick J. Dewancker, Director, Environmental Services H. Chapman I. Andersen, Manager of Operations & Compliance T. Johnston D. White, Supervisor of Roads & Transportation T. Shackelton M. Carroll, Valleyview Administrator M. Turvey J. McCoomb, Planner D. Warden THE LORD S PRAYER CLOSED SESSION The Closed Session was held in Committee Room #204 and the minutes are located at the end of Regular Open Council Business. DISCLOSURES OF INTEREST Nil. MINUTES Motion by Alderman Shackelton - Turvey: THAT: The minutes of the meeting held on January 16th, 2006 be confirmed. DEPUTATIONS COMMITTEE OF THE WHOLE Council resolved itself into Committee of the Whole. PLANNING AND DEVELOPMENT COMMITTEE - Chairman H. Chapman Proposed Transfer of Portion of One Foot Reserve to Facilitate Land Assembly - Part Block 47, Plan 11M-99, St. Thomas - Walter Hayhoe Enterprises Inc. - Appendix A Motion by Alderman Turvey - Johnston: THAT: City Council authorize a conveyance to Walter Hayhoe Enterprises Inc. for a portion of the one foot reserve which may be described as Part Block 47, Plan 11M-99 and shown as Part 4 on the sketch plan accompanying Report No. PD-03-2006.

The 4th meeting of the 126 th Council - 2 Municipality of Central Elgin - Notice of the Passing of an Official Plan and Zoning By-Law Amendment - Lots 11,12 & 31, Plan 176 Notice was received from the Municipality of Central Elgin regarding the passing of an Official Plan and Zoning By-law Amendment No. 837 on January 16th, 2006 to permit a duplex to be developed on the subject lands legally described as Lots 11,12 and 31, Registered Plan 176. Municipality of Central Elgin - Notice of the Passing of an Official Plan and Zoning By-Law Amendment - Part Lot 32, Plan 231 Notice was received from the Municipality of Central Elgin regarding the passing of an Official Plan and Zoning By-law Amendment No. 835 on January 16th, 2006 to permit the subject lands to be used for a horticultural park on Part Lot 32, Plan 231. Municipality of Central Elgin - Notice of the Passing of a Zoning By-Law Amendment - 14090 Belmont Road Notice was received from the Municipality of Central Elgin regarding the passing of Zoning Bylaw No. 833 on January 16th, 2006 to permit a day nursery as an additional permitted use on the subject lands at 14090 Belmont Road. Municipality of Central Elgin - Notice of the Passing of a Zoning By-Law - 42636 Shorelea Line Notice was received from the Municipality of Central Elgin regarding the passing of Zoning Bylaw No. 844 on January 23rd, 2006 to permit rural-residential and accessory uses, and to establish minimum lot area and frontage for the subject lands at 42636 Shorelea Line. BUSINESS CONCLUDED ENVIRONMENTAL SERVICES COMMITTEE - Chairman M. Turvey 2005/2006 Winter Maintenance Program - Consistency of Plowing & Snow Removal on Level 3 Streets & Cul-de-sacs 2006-2007 Winter Maintenance Program - New Equipment and Additional Equipment Operator Appendix B Motion by Alderman Shackelton - Mayor Kohler: THAT: In consideration of the Winter Maintenance Program; based on the existing approved Quality Standards (Level of service for Priority 3 streets) that all level 3 streets including cul-desacs be plowed with a single pass to the curb and the remaining road surface in cul-de-sac bulbs be plowed to the centre as soon as possible thereafter; and further, THAT: The snow that is plowed to the centre of cul-de-sac bulbs be removed when resources are available based on the existing level of service for Priority 1, 2 & 3 streets. Motion by Alderman Johnston - Aarts: THAT: As a result of reducing numbers of bidders for contracted snow removal, the high cost of available contractors and the legislated requirement for Minimum Maintenance Standards for snow removal and the City of St. Thomas approved quality standards, that Council consider the purchase of an additional truck and snow plow with wing be considered for the 2006/2007 Winter Maintenance period at an estimated cost of $200,000.00 to be included for approval in the 2006 Part 2 Capital Budget submission.

The 4th meeting of the 126 th Council - 3 Motion by Alderman Warden - Chapman: THAT: Council consider the hiring of an additional Permanent Equipment Operator as part of the City s 2006 operating budget (ES Roads Operating Budget) at an estimated cost of $56,400., noting that the increase for 2006 would be $28,200. Primary Water Rates Alderman Johnston stated that he had spoken to the City of London and was informed that a letter would go out to member municipalities of the Primary Water Board in October when the new water rates were established for the next year. Wellington Street Pedestrian Safety Alderman Turvey informed the members that a public meeting was planned for February 17th, 2006 to discuss pedestrian safety concerns on Wellington Street near Elgin Mall. BUSINESS CONCLUDED PERSONNEL AND LABOUR RELATIONS COMMITTEE - Chairman D. Warden BUSINESS CONCLUDED FINANCE AND ADMINISTRATION COMMITTEE - Chairman C. Barwick St. Thomas Police - Justice Building Needs - Appendix C The Director of Finance & City Treasurer stated that discussions were ongoing with the Court Services regarding their space requirements and further that the use of vacant office space at City Hall was being discussed with the Management Board. Motion by Mayor Kohler - Alderman Aarts: THAT: Council authorize a $20,000 expenditure for the purpose of facilitating alterations to the Colin McGregor Justice Building in order to address the existing lack of space for Police Services; and, THAT: The City Treasurer include the cost associated with the alterations in Part 2 of the 2006 Capital Budget. Lions Club of St. Thomas - Easter Seal Telethon - Grant Request Motion by Alderman Arts - Turvey: THAT: The request for a grant by the Lions Club of St. Thomas for the Easter Seal Telethon be referred to the 2006 budget.

The 4th meeting of the 126 th Council - 4 Seniors'Picnic 2006 - Grant Request Motion by Alderman Shackelton - Aarts: THAT: The request for a grant for the Seniors'Picnic in the Park 2006 be referred to the 2006 budget. Brook Hiddink - Grant Request The members had received from Karen Hiddink, requesting a grant for Brook Hiddink to offset his expenses of participating on a Pro Hockey team out of Toronto. Council took no action regarding this matter. St. Thomas Elgin Public Art Centre - Grant Request Motion by Alderman Aarts - Mayor Kohler: THAT: The request by the St. Thomas-Elgin Public Art Centre for an operational grant of $64,500.00 and a capital reserve fund grant of $2,000.00 be referred to the 2006 budget. Kettle Creek Conservation Authority - 2006 Budget The members discussed the fact that a proposed increase in the Kettle Creek Conservation Authority s budget was in part a result of work being planned relating to source water protection and that the 2006 budget would be considered at the upcoming Kettle Creek Conservation Authority Annual Meeting. Motion by Alderman Chapman - Mayor Kohler: THAT: The Corporation of the City of St. Thomas pay one-half of The Kettle Creek Conservation Authority s apportioned 2005 total levy. Elgin-St. Thomas Community Foundation - Grant Request Motion by Alderman Warden - Shackelton: THAT: The request for a grant by the Elgin-St. Thomas Community Foundation be referred to the 2006 budget. Corporate Credit Cards The members discussed the use of, and policies relating to, the use of credit cards. It was noted that the Director of Finance & City Treasurer would be reviewing the existing policy and identifying amendments for it. BUSINESS CONCLUDED COMMUNITY AND SOCIAL SERVICES COMMITTEE - Chairman B. Aarts

The 4th meeting of the 126 th Council - 5 Valleyview Replacement - Monthly Report - Appendix D The Valleyview Administrator stated that the City would take ownership of the new facility on February 17th, 2006 and that the actual resident move in day would be April 24th. He further stated that there would be a significant amount of staff training and family resident meetings regarding the move. The Valleyview Administrator stated that the project continues to be on budget. Motion by Alderman Chapman - Johnston: THAT: The Valleyview Replacement Report #VV-001-06 for the month ending November 30th, 2005 be received and filed as information. Recreation Facility Staffing Review Alderman Turvey inquired when the members would review a report regarding staffing levels at the St. Thomas Community Centre and at Memorial Arena following the conclusion of the six month probation period. The Director of Finance & City Treasurer stated that a report would be brought to the members prior to the 2006 budget deliberations. Domicile Bed Allocation Alderman Warden inquired when a report would be coming to the members regarding the allocation of domicile beds. Chairman Aarts stated that he would discuss this with the Director of Ontario Works. Skateboard Park Alderman Warden inquired about the status of a plaque recognizing the donors of the skateboard park. Chairman Aarts stated that a plaque was needed and that he would follow up on this matter. Public Skating Alderman Warden inquired about the cancellation of some public skating times. Chairman Aarts stated that he was unaware of the cancellations and that he would follow up on this matter. 2006/2007 Ice Rates Alderman Johnston inquired if the 2006/2007 ice rates would be established during the annual budget process. The Director of Finance & City Treasurer stated that staff would look to establish the rates as soon as possible. BUSINESS CONCLUDED PROTECTIVE SERVICES & TRANSPORTATION COMMITTEE - Chairman T. Shackelton

The 4th meeting of the 126 th Council - 6 Elmina Street and Oak Street Intersection Captain Dennis A. Redman No.2 Fire Station Request for "No Standing" Zone - Forest Park Walkway Lease of Airport Lands - St. Thomas Municipal Airport - Appendix E Motion by Alderman Turvey - Warden: THAT: The Corporation of the City of St. Thomas concur with the assignment of lease of Airport Lands (Parts 16 & 17, Reference Plan 11R-165 Part 2) at the St. Thomas Municipal Airport from Mr. Gordon Farquhar to Mr. Edgar Perl. St. Thomas Transit - Ridership Growth Strategy and Asset Management Plan - Appendix F Mayor Kohler stated that he had been contacted by a gentleman in a wheelchair stating that he no longer had bus service. Mayor Kohler inquired if there had been a policy change. The Supervisor of Roads and Transportation stated that there had been no policy changes and that he would follow up with the gentleman. Motion by Alderman Turvey - Mayor Kohler: THAT: The December 12, 2005 minutes of the Municipal Accessibility Advisory Committee be received for information; and further, THAT: Council receive Report ES105-05 as information; and further, THAT: The following recommendations contained within Report ES105-05 be approved in principle pending information gathered from the public consultation process; 1. City Council adopt the Ridership Growth Strategy and Asset Management Plan document in principle; and, 2. The Ridership Growth Strategy and Asset Management Plan document be submitted to the Ministry of Transportation Ontario in accordance with the requirements of the Provinces Gas Tax funding agreement; and, 3. The City hold consultations with transit users and the general public with regard to the proposed new route structure of five routes, route extensions and service levels as described in section 4.1 and conceptually illustrated in Exhibit 6 of the report for the purposes of receiving stakeholder input and finalizing the new route structure and services; and, 4. Following receipt of stakeholder input, the City finalize the new routes, route structure and services and present the recommended service plan to City Council for approval; and, 5. The City proceed with the implementation of the Ridership Growth Strategy and Asset Management Plan including the Immediate Term - 2006 service changes described in section 4.1.2, the purchase of (9) replacement and (1) expansion buses beginning in 2006 and in 2007, 2009 and 2010 as described in Exhibit 7, the purchase of (24) additional bus shelters and bus stop signs and the improvement of winter maintenance at bus stops as described in section 5.3, the hiring of a Transportation Technician as described in section 6, and the construction of the improvements to the Talbot Street terminal building as summarized in Exhibit 9 and Appendix C; and,

The 4th meeting of the 126 th Council - 7 6. The Short Term Plan - 2007 to 2010 detailed in section 4.1.3 of the Ridership Growth Strategy service plan be implemented in the Spring of 2007 following the delivery of the required expansion bus for the service plan; and, 7. The recommended Marketing and Education Plan detailed in section 7 and related annual budget be approved and implemented; and, 8. The City s development, subdivision planning, parking and transportation policies be reviewed to give higher priority to the needs of the transit system with the overall objective of increasing transit use. AND FURTHER THAT: The comments of the Municipal Accessibility Advisory Committee be considered as part of the upcoming stakeholder input session. Safer Communities - 1,000 Officers Partnership Program Motion by Alderman Johnston - Aarts: THAT: The Corporation of the City of St. Thomas authorize an Agreement with the Ministry of Community Safety and Correctional Services and the St. Thomas Police Services Board for the continuation of the Community Policing Partnerships. BUSINESS CONCLUDED REPORTS PENDING ESDA SERVICING MASTER PLAN AND CLASS ENVIRONMENTAL ASSESSMENT - J. Dewancker ENVIRONMENTALLY SENSITIVE LAND USE - P. Keenan DRIVEWAY RECONSTRUCTION - MAPLE STREET - J. Dewancker REVIEW OF CITY BUS ROUTES - J. Dewancker FOREST AVENUE SIDEWALK - J. Dewancker COUNCIL Council reconvened into regular session. REPORT OF COMMITTEE OF THE WHOLE Planning and Development Committee - Chairman H. Chapman Environmental Services Committee - Chairman M. Turvey Personnel and Labour Relations Committee - Chairman D. Warden Finance and Administration Committee - Chairman C. Barwick Community and Social Services Committee - Chairman B. Aarts Protective Services and Transportation Committee - Chairman T. Shackelton Motion by Alderman Turvey - Johnston:

The 4th meeting of the 126 th Council - 8 THAT: The recommendations, directions and actions of Council in Committee of the Whole as recorded in the minutes of this date be confirmed, ratified and adopted. REPORTS OF COMMITTEES The First Report of the Site Plan Control Committee - Appendix G Motion by Alderman Shackelton - Chapman: THAT: Clauses 1 and 2 of the First Report of the Site Plan Control Committee be adopted. PETITIONS AND COMMUNICATIONS Proposed Visioning Session - County of Elgin Motion by Alderman Turvey - Warden: THAT: City Council participate in a visioning exercise with the County of Elgin to help identify emerging trends, issues and opportunities, at a total estimated cost of $15,000.00 with the City contributing 40% of the cost; to be charged to the 2006 budget. Mental Health Week - Proclamation and Flag Raising - May 1st to 7th, 2006 Motion by Alderman Warden - Aarts: THAT: The Council of the Corporation of the City of St. Thomas proclaim May 1st to 7th, 2006 as Mental Health Week in the City of St. Thomas; and, THAT: The Canadian Mental Health Association flag be flown at City Hall for the week of May 1st to 7th, 2006. Guide/Scout Week - Proclamation and Flag Raising - February 20th to 26th, 2006 Motion by Alderman Johnston - Chapman: THAT: The Council of the Corporation of the City of St. Thomas proclaim February 20th to 26th, 2006 as Scout/Guide Week in the City of St. Thomas; and, THAT: The flags of Scouts Canada and Girl Guides of Canada be flown at City Hall for the week of February 20th to 26th, 2006. Tag Day - Daisy of Hope Campaign Motion by Alderman Shackelton - Chapman: THAT: Council authorize a Tag Day by Violence Against Women Services Elgin County and St. Thomas-Elgin Second Stage Housing for the distribution of daisy pins on May 26th and 27th, 2006.

The 4th meeting of the 126 th Council - 9 Tag Day - St. Thomas Jumbo Jets Swim Team Motion by Alderman Aarts - Shackelton: THAT: Council authorize the conducting of Tag Days by the St. Thomas Jumbo Jets Swim Team on April 21st & 22nd, 2006. Players Athletic Lager Co. - 837 Talbot Street - Application for Liquor Licence The members received correspondence that an application has been made to the Alcohol and Gaming Commission of Ontario by Players Athletic Lager Co. for a liquor licence for its indoor areas at 837 Talbot Street, St. Thomas. Ontario Works Compliance Reviews - Resolution Motion by Alderman Turvey - Aarts: THAT: The resolution from the Kenora District Services Board regarding Ontario Works Compliance Reviews be endorsed. OFSAA - A/AA Girls Hockey Championship - March 21st to 23rd, 2006 - City Pins Motion by Alderman Warden - Aarts: THAT: Council provide 275 St. Thomas city pins to the Athlete Greeting Committee, St. Joseph's Catholic High School, for use at the OFSAA A/AA Girls Hockey Championship to be held from March 21st to 23rd, 2006 at St. Joseph s High School. Ontario Heritage Foundation - Young Heritage Leaders Program A letter was received from The Honourable Lincoln Alexander, Chairman, Ontario Heritage Foundation, encouraging nominations for the 2006 Young Heritage Leader scholarship award. The deadline for nominations is March 10th, 2006. YWCA - Free Ice Time for Local Schools Motion by Alderman Warden - Barwick: THAT: The letter by Marla Champion, Executive Director, YWCA, requesting free ice time for local schools be referred to Recreation Services for a report. Pitch-In Canada Week - April 24-30, 2006 Motion by Alderman Warden - Chapman: THAT: The Council of the Corporation of the City of St. Thomas proclaim April 24th to 30th, 2006 as Pitch-In Canada Week in the City of St. Thomas.

The 4th meeting of the 126 th Council - 10 Semi-Annual Attendance for Council for the period of July 1st, 2005 to December 31st, 2005 Appendix H Motion by Alderman Aarts - Turvey: THAT: Report CC-05-06 regarding the Semi-Annual Attendance for Council and Committee of the Whole for the period of July 1st, 2005 to December 31st, 2005, be received and filed for information. Municipal Heritage Committee Alderman Warden inquired if individuals could speak at the Municipal Heritage Committee meeting scheduled for February 7th, 2006 regarding Alma College. Alderman Chapman stated that the Municipal Heritage Committee would allow brief delegations provided they speak only to the topic of the request for a demolition permit. Letter of Tolerance 10 Pol Court The members discussed reconsidering a request for a Letter of Tolerance for 10 Pol Court that had been denied in December and they agreed that this matter would be discussed at the next Council meeting. BY-LAWS Motion by Alderman Shackelton - Aarts: THAT: Leave be granted to bring in the following by-laws: 1. A by-law to confirm the proceedings of the Council meeting held on the 6th day of February, 2006. 2. A by-law to authorize the Mayor and Clerk to execute and affix the Seal of the Corporation to a certain agreement between the Corporation of the City of St. Thomas and The Pepsi Bottling Group (PBG). (Exclusive Beverage Rights - St. Thomas Community Centre December 6, 2005 - December 6, 2008). 3. A by-law to adopt Interim Tax Levy rates. 4. A by-law to authorize the Mayor and Clerk to execute and affix the Seal of the Corporation to a certain agreement between the Corporation of the City of St. Thomas and Ontario Good Roads Association. (Municipal Dataworks Data Provision) 5. A by-law to authorize the Mayor and Clerk to execute and affix the Seal of the Corporation to a certain agreement between the Corporation of the City of St. Thomas, Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services, and the St. Thomas Police Services Board. (Safer Communities - 1,000 Officers Partnership Program) First and Second Readings Motion by Alderman Shackelton - Aarts: THAT: The by-laws be now read a first time, referred to Council in Committee of the Whole and read a second time.

The 4th meeting of the 126 th Council - 11 Alderman M. Turvey was appointed Chairman of Council in Committee of the Whole and conducted the second reading of the by-laws. On motion duly moved and seconded, the Chairman was ordered to report on the passing of the by-laws. The Chairman reported as ordered and the Mayor resumed the Chair. Third Reading Motion by Alderman Shackelton - Aarts: THAT: The report of Council in Committee of the Whole on the following by-laws be received and adopted, the same be read a third time, engrossed, signed by the Mayor and Clerk, sealed and numbered. 1. A by-law to confirm the proceedings of the Council meeting held on the 6th day of February, 2006. (B/L 8-2006) 2. A by-law to authorize the Mayor and Clerk to execute and affix the Seal of the Corporation to a certain agreement between the Corporation of the City of St. Thomas and The Pepsi Bottling Group (PBG). (Exclusive Beverage Rights - St. Thomas Community Centre December 6, 2005 - December 6, 2008). (B/L 9-2006) (A/G 2-2006) 3. A by-law to adopt Interim Tax Levy rates. (B/L 10-2006) 4. A by-law to authorize the Mayor and Clerk to execute and affix the Seal of the Corporation to a certain agreement between the Corporation of the City of St. Thomas and Ontario Good Roads Association. (Municipal Dataworks Data Provision) (B/L 11-2006) (A/G 3-2006) 5. A by-law to authorize the Mayor and Clerk to execute and affix the Seal of the Corporation to a certain agreement between the Corporation of the City of St. Thomas, Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services, and the St. Thomas Police Services Board. (Safer Communities - 1,000 Officers Partnership Program) (B/L 12-2006) (A/G 4-2006) PUBLIC NOTICE NOTICES OF MOTION CLOSED SESSION Motion by Alderman Johnston - Turvey: THAT: This meeting be closed to deal with a proposed or pending acquisition of land by the municipality and personal matters about an identifiable individual. OPEN SESSION Motion by Alderman Johnston - Aarts: THAT: We do now rise from Closed Session. (6:48 P.M.) ADJOURNMENT Motion by Alderman Johnston - Aarts: THAT: We do now adjourn. (8:31 P.M.)

The 4th meeting of the 126 th Council - 12