COMMITTEE OF THE WHOLE - JULY 30, 2012

MEETING:

COMMITTEE OF THE WHOLE

DATE:

JULY 30, 2012

TIME:	IMMEDIATELY FOLLOWING CITY COUNCIL (PUBLIC MEETING)

PLACE:	S.H. BLAKE AUDITORIUM

CHAIR:	COUNCILLOR T. GIERTUGA/COUNCILLOR M. BENTZ

ORDERS OF THE DAY:

DISCLOSURES OF INTEREST
DEPUTATIONS
REPORTS OF COMMITTEES
REPORTS OF MUNICIPAL OFFICERS
FIRST REPORTS
PETITIONS AND COMMUNICATIONS
NEW BUSINESS
ADJOURNMENT
OUTSTANDING ITEMS

DISCLOSURES OF INTEREST

Confirmation of Agenda

With respect to the July 30, 2012 Committee of the Whole meeting, we recommend that the agenda as printed, including any additional information and new business, be confirmed.

PLANNING SESSION

DEPUTATION

"Rotary Peace Pole" - Rotary Club of Thunder Bay (Fort William)

Letter from Ms. I. Sottile, President Elect, dated June 19, 2012 relative to requesting permission to erect the "Rotary Peace Pole" at a location such as the Marina (Prince Arthur's Landing), Hillcrest Park or Boulevard Lake, an area where an annual 'peace' gathering may be held. (Pages 1 - 3)

Letter from Ms. I. Sottile, President Elect – Rotary Club of Thunder Bay (Fort William), dated July 23, 2012 relative to providing additional information and a presentation outline with respect to the deputation request for the "Rotary Peace Pole" - Rotary Club of Thunder Bay (Fort William). (Distributed Separately - Thursday, July 26, 2012)

REPORTS OF COMMITTEES

REPORTS OF MUNICIPAL OFFICERS

Telecommunication Towers Consultation and Concurrence - 1560 Highway 61 - Bell Mobility

At the April 23, 2012 Committee of the Whole meeting, Report No. 2012.073 (Planning) was presented. It was requested that each paragraph of the resolution be voted on separately and at the time, the paragraph relative to 1560 Highway 61 (Valley View Motel), was deferred pending further communication by Bell Mobility Inc. with area residents.

Report No. 2012.122 (Planning) relative to recommending that the City of Thunder Bay proceed with the issuance of a "Concurrence Letter" for the proposed antenna structure location application by Bell Mobility Inc., relative to 1560 Highway 61 (Valley View Motel site), legally described as Plan 685, Lot 3 less highway; with the agreement reached to resituate the proposed 40.0 metre monopole on the same property but at a location 8.0 metres farther from the surrounding residential properties than was initially proposed. From a land use planning perspective, the proposed location at 1560 Highway 61 can be concurred with as related to the Official Plan, Zoning By-law 100-2010 and Communication Towers Consultation Policy 02-02-15. (Pages 4 - 11)
$Database 'CTB Online Corporate Reports', View '3. Clerk's Office \ By Date - All Reports', Document 'Telecommunication Towers Consultation and Concurrence - 1560 Highway 61 - Bell Mobility'$

With respect to Report Nos. 2012.122 (Planning) and 2012.073 (Planning), we recommend that the City of Thunder Bay proceed with the issuance of a "Concurrence Letter" for the proposed antenna structure location application by Bell Mobility Inc., relative to:

1560 Highway 61 (Valley View Motel site), legally described as Plan 685, Lot 3 less highway;

AND THAT the City of Thunder Bay is satisfied that the applicant has met the conditions of the required community consultation process undertaken for installing a telecommunication antenna structure at this location, and is in concurrence with Communication Towers Consultation Policy 02-02-15.

PETITIONS AND COMMUNICATIONS

ADMINISTRATIVE SERVICES SESSION

REPORTS OF COMMITTEES

REPORTS OF MUNICIPAL OFFICERS

2nd Quarter Variance

Report No. 2012.113 (Accounting & Budgets) relative to monitoring revenues and expenditures as compared to the approved budget and provides quarterly projections to City Council of the City’s financial position to year-end (December 31st) based on the Operating Budget status, for information. (Pages 12 - 16)
$Database 'CTB Online Corporate Reports', View '3. Clerk's Office \ By Date - All Reports', Document '2nd Quarter Variance'$

City of Thunder Bay Storm Water Drainage Study
and Residential Drainage Assistance Program - Update

At the June 25, 2012 Committee of the Whole meeting Report No. 2012.107 (City Manager's Office) was presented recommending 1. that an Independent Engineering Assessment be completed to analyse the flooding of the Water Pollution Control Plant for the purpose of repair and recovery work, and for future action to prevent future plant flooding. 2. that Administration prepare a detailed Neighbourhood Master Stormwater Drainage Study for those areas impacted most directly by the declared Flood Disaster; 3. that Administration report the preliminary results of the above noted study in conjunction with the Proposed 2013 Capital Budget & Forecast, as well as through the update of the Pollution Prevention and Control Plan; 4. that Administration be directed to further review and report back in July 2012 on potential options for the City of Thunder Bay related to a Residential Drainage Assistance Program as outlined further in Corporate Report No. 2012.107, with information on how the specific strategies and actions will be implemented, including cost estimates and funding sources; and that Administration be directed to provide potential options for support of a loan program to Homeowners to assist them in getting repairs to homes underway.

Report No. 2012.119 (Engineering) relative to the above noted. (Distributed Separately - Thursday, July 26, 2012)
$Database 'CTB Online Corporate Reports', View '3. Clerk's Office \ Agenda Document', Document 'City of Thunder Bay Storm Water Master Drainage Study and Residential Drainage Assistance Program - Update'$

With respect to Report No. 2012.119 (Engineering), we recommend that the proposal submitted by Hatch Mott MacDonald (ENL) dated July, 13, 2012 be accepted at an upset limit cost of $300,704.30 inclusive of HST, to undertake a Neighborhood Master Stormwater Drainage Study for designated areas as listed in this Report and develop a Residential Drainage Assistance pilot project;

AND THAT Administration be authorized to negotiate a formal engineering agreement with Hatch Mott MacDonald (ENL) on the basis outlined in this report and in accordance with Corporate By-Law 113-2011 - “Supply Management By-law” Article 5.02 Emergency Method for Goods and Services over $60,000;

AND THAT the proposed Residential Drainage Assistance Program (RDA), including subsidies for private property drainage improvements, as outlined in this Report be approved in principle;

AND THAT Administration proceed with the implementation of Phase I and Phase II of the RDA program and report back prior to the 2013 Budget on the full implementation of the program including ongoing capital and operating budget requirements;

AND THAT Administration be directed to negotiate with ECO Superior to develop and administer an ongoing Residential Drainage Assistance subsidy program;

AND THAT the General Manager of Infrastructure and Operations report any circumstances to City Council should variations in the agreement occur;

AND THAT the Mayor and Clerk be authorized to sign all documentation related to this matter;

AND THAT any necessary By-laws be presented to City Council for ratification.

Thunder Bay Hydro-Proposed Capital Structure Change

Report No. 2012.125 (City Manager’s Office) relative to the above noted. (Distributed Separately - Thursday, July 26, 2012)
$Database 'CTB Online Corporate Reports', View '3. Clerk's Office \ Agenda Document', Document 'Thunder Bay Hydro-Proposed Capital Structure Change'$

With respect to Report No. 2012.125 (City Manager’s Office), we recommend that City Council approve proceeding with the necessary steps to convert up to $7,000,000 of the City of Thunder Bay’s outstanding Notes Payable to common shares (Option 1) in order for Thunder Bay Hydro Electricity Distribution Inc. to comply with the Ontario Energy Board (OEB) debt-to-equity requirements;

AND THAT in keeping with the guiding principles outlined in this Report Administration be directed to report back prior to the 2013 Budget with a First Report on alternatives for consideration by Council based on Option 3 – Thunder Bay Hydro to pay the City an annual principal and interest payment on the revised outstanding Note Payable of $27,931,625;

AND THAT the First Report also address the implications for the Council approved shareholder Declaration, including but not limited to the Rate Minimization model;

AND THAT the Mayor and City Clerk be authorized to sign all documentation related to these matters;

AND THAT any necessary By-laws be presented to City Council for ratification.

Prince Arthur's Landing - Closing of Land Transaction

Report No. 2012.080 (Legal Services) relative to the above noted. (Distributed Separately - Thursday, July 26, 2012)
$Database 'CTB Online Corporate Reports', View '3. Clerk's Office \ Agenda Document', Document 'Prince Arthur's Landing - Closing of Land Transaction'$

PETITIONS AND COMMUNICATIONS

Ontario Convenience Stores Association (OCSA) - Contraband Tobacco

At the June 11, 2012 Committee of the Whole, correspondence from Mr. Dave Bryans, CEO, Ontario Convenience Stores, dated May 24, 2012, requesting to make a presentation to Committee relative to the above noted, as well as containing a motion for consideration requesting City Council's support of the eradication of contraband tobacco, as well as a handout entitled "Contraband Tobacco and Community Safety" from Mr. D. Bryans, CEO, Ontario Convenience Stores Association, was presented. At the time, Mr. D. Bryans provided an overview and responded to questions.

Memorandum from Councillor L. Rydholm, dated July 18, 2012 containing a resolution relative to the above noted. (Pages 17 - 19)

With respect to the Ontario Convenience Stores Association (OCSA) - Contraband Tobacco deputation request, we recommend that the Mayor write a letter to the Ontario Minister of Finance in support of the Ontario Government’s most recent Budgets commitments to eradicate contraband tobacco through the implementation of additional regulatory, enforcement and other provisions in Bill 186 and amendments to the Tobacco Tax Act. Particularly, in support of measures such as:

Increased fines for those convicted of offenses related to contraband tobacco;

More authority for law enforcement officials with respect to: forfeiture of items seized, and impounding of vehicles;

Drawing on the best practices of other jurisdictions and working collaboratively with the federal government and other jurisdictions to enhance contraband tobacco control through joint enforcement efforts;

AND that the provincial government be encouraged to continue to strengthen their strategies to address the manufacture and supply of contraband tobacco and maintain their commitment to introduce amendments this fall to implement these measures;

AND that surrounding municipalities be made aware of the actions taken by this Council to address the concerns presented by contraband tobacco.

NEW BUSINESS

Extension Road Access Agreement – Ontario Realty Corporation

Report No. 2012.128 (Legal Services) – Extension Road Access Agreement – Ontario Realty Corporation relative to the above noted. (Distributed Separately - Thursday, July 26, 2012)
$Database 'CTB Online Corporate Reports', View '3. Clerk's Office \ Agenda Document', Document 'Extension Road Access Agreement - Ontario Realty Corporation'$

With respect to Report No. 2012.128 (Legal Services), we recommend that Council agree to the extension of the existing 2007 Licence Agreement with the Province of Ontario for the use of Big Thunder Road Access (Little Norway Road), thereby maintaining the status quo of the current Council approved agreements with the Horizon Wind Limited Partnership (Horizon);

AND that Council require that Horizon reimburse the City of Thunder Bay the cost of the $1,250.00 annual licence fee payable by the City to the Province of Ontario for the extension of the Licence;

AND that the General Manager of Development Services be authorized to execute the extension of the 2007 Licence Agreement with the Province of Ontario;

AND that the General Manager of Development Services be authorized to provide the thirty days’ written notice of termination of Lease to Horizon, and the three months’ notice of termination of the Licence Extension Agreement if wind turbines have not been constructed on City lands by September 2, 2014;

AND that any necessary by-laws be presented to City Council for ratification.

Canada – EU, Comprehensive Economic Trade Agreement (C.E.T.A)

Memorandum from Councillor J. Virdiramo, Chair – Intergovernmental Liaison Committee dated July 25, 2012 relative to Canada – EU, Comprehensive Economic Trade Agreement (C.E.T.A), containing a resolution to be considered at the August 13, 2012 – Committee of the Whole. (Distributed Separately - Thursday, July 26, 2012)

ADJOURNMENT

End of Agenda