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HomeMy WebLinkAbout2014-05-12 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE MAY 12, 2014 CITY OF KITCHENER The Community and Infrastructure Services Committee met this date, commencing at 3:02 p.m. Present: Councillor B. Ioannidis - Chair Mayor C. Zehr and Councillors J. Gazzola, Z. Janecki, Y. Fernandes, S. Davey, F. Etherington, D. Glenn-Graham, B. Vrbanovic, P. Singh and K. Galloway-Sealock Staff: J. Willmer, Chief Administrative Officer D. Chapman, Deputy CAO, Finance and Corporate Services M. May, Deputy CAO, Community Services P. Houston, Deputy CAO, Infrastructure Services B. Robinson, Director of Engineering B. Johnson, Director of Accounting J. Witmer, Director of Operations N. Gollan, Manager, Stormwater Utility D. Ritz, Supervisor, Design & Development C. Goodeve, Committee Administrator CSD-14-041 - NOISE EXEMPTION - SERBIAN ORTHODOX CHURCH 1. The Committee considered Community Services Department report CSD-14-041, dated April 25, 2014 recommending approval of noise exemptions for festivals being held at Holy Trinity Serbian Church on May 25, July 26 and 27, 2014. Councillor B. Ioannidis advised that as the initial festival occurs prior to the next regularly scheduled Council meeting, any recommendation arising from the Committee regarding this matter will be considered at the special Council meeting being held later this same date. On motion by Councillor S. Davey - it was resolved: “That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Holy Trinity Serbian Orthodox Church at 700 Fischer Hallman Road, for two (2) festivals to be held on May 25, 2014, between the hours of 12:00 p.m. and 11:00 p.m. and July 26 and 27, 2014, from 12:00 p.m. to 11:00 p.m., as outlined in Community Services Department report CSD-14-041.” CSD-14-042 - NOISE EXEMPTION - DOWNTOWN SPECIAL EVENTS 2. The Committee considered Community Services Department report CSD-14-042, dated April 24, 2014 recommending approval of a noise exemption for several Downtown Special Events taking place from May to December 2014. On motion by Councillor S. Davey - it was resolved: “That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted for the Downtown Special Events, as outlined on “Schedule A” of Community Services Department report CSD-14-042.” CSD-14-043 - NOISE EXEMPTION - CINEMA UNDER THE STARS - MCLENNAN PARK 3. The Committee considered Community Services Department report CSD-14-043, dated April 25, 2014 recommending approval of a noise exemption for the Cinema Under the Stars event, being held at McLennan Park on June 28, 2014. On motion by Councillor S. Davey - it was resolved: “That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Community Services Department for the Cinema Under The Stars event to be held at McLennan Park on June 28, 2014, between the hours of 2:00 p.m. and 11:00 p.m., as outlined in Community Services Department report CSD-14-043.” COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE MAY 12, 2014 - 29 - CITY OF KITCHENER CSD-14-044 - NOISE EXEMPTION - BOBBY O’BRIENS OUTDOOR PATIO 4. The Committee considered Community Services Department report CSD-14-044, dated April 25, 2014 recommending approval of a noise exemption for a Blues band playing at Bobby O’Brien’s each Wednesday from May 28 to October 8, 2014. On motion by Councillor S. Davey - it was resolved: “That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Bobby O’Brien’s, 125 King Street West, for each Wednesday evening between the hours of 8:00 p.m. and 11:00 p.m., from May 28 to October 8, 2014, for a Blues band, playing on their patio area, as outlined in Community Services Department report CSD-14-044.” CSD-14-045 - NOISE EXEMPTION - VICTORIA PARK NEIGHBOURHOOD ASSOCIATION 5. - HENRY STRUM GREEN FESTIVAL The Committee considered Community Services Department report CSD-14-045, dated April 25, 2014 recommending approval of a noise exemption request for the Henry Sturm Green Festival being held on June 8, 2014. On motion by Councillor S. Davey - it was resolved: “That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Victoria Park Neighbourhood Association for The Henry Sturm Green Festival on Sunday, June 8, 2014, between the hours of 1:00 p.m. and 5:00 p.m., as outlined in Community Services Department report CSD-14-045.” INS-14-035 - GRAND RIVER CONSERVATION AUTHORITY (GRCA) WATER 6. MANAGEMENT PLAN UPDATE The Committee considered Infrastructure Services Department report INS-14-035, dated May 1, 2014 recommending the endorsement of the Grand River Watershed Water Management Plan. Mr. N. Gollan reviewed the report and responded to questions from the Committee. Ms. Nancy Davy, Grand River Conservation Authority (GRCA), addressed the Committee and gave an overview of the Water Management Plan. She advised that the Plan was developed through a voluntary partnership of municipalities, provincial and Federal agencies as well as First Nations. She added the Plan aligns the existing projects and programs of the partners enabling them to work together to improve the management of water issues. She requested the City’s endorsement of the Plan and continued collaboration with this initiative. On motion by Councillor S. Davey - it was resolved: “That the Grand River Watershed Water Management Plan be endorsed, as outlined in Infrastructure Services Department report INS-14-035; and further, That staff continue to work collaboratively with other Plan partners to implement the best value solutions for water management issues in the Grand River Watershed.” FCS-14-077 - ONTARIO ICE STORM ASSISTANCE PROGRAM 7. The Committee considered Finance and Corporate Services Department report FCS-14-077, dated April 30, 2014 recommending an expression of interest be submitted to the Province of Ontario for financial assistance under the Ontario Ice Storm Assistance Program. Ms. B. Johnson reviewed the report, advising expressions of interest must be submitted by June 16, 2014 with evidence to support ice damage and estimates of ice storm costs incremental to regular budgets. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE MAY 12, 2014 - 30 - CITY OF KITCHENER FCS-14-077 - ONTARIO ICE STORM ASSISTANCE PROGRAM (CONT’D) 7. In response to questions, Ms. Johnson advised that staff have yet to receive the guidelines from the Province definitely indicating the items that will be eligible for funding. She noted that the deadline to submit detailed documentation to prove eligible costs is August 31, 2014. She agreed to circulate that information to the Committee once it has been compiled. Questions were raised as to the expenses incurred in 2013 relating to the ice storms. Mr. J. Witmer advised that staff were re-directed from other projects, such as sidewalk repairs, to assist with the clean-up efforts. In addition, the City was required to bring in special equipment to facilitate the clean-up process. He noted that all of those costs have been tracked as a separate project and agreed to provide further information outlining those expenses. On motion by Councillor Y. Fernandes - it was resolved: “That an expression of interest be submitted to the Province of Ontario under the Ontario Ice Storm Assistance Program to claim financial assistance for costs incurred for damage from the ice storm of December 2013, as outlined in Finance and Corporate Services Department report FCS-14-077; and further, That the Deputy CAO Finance and Corporate Services and City Treasurer be delegated authority to submit claims on behalf of the City of Kitchener.” INS-14-054 - EMERALD ASH BORER UPDATE 8. The Committee considered Infrastructure Services Department report INS-14-054, dated April 25, 2014 providing an update on the Emerald Ash Borer Program. The Report recommended no action be taken to divide the remaining balance of the $320,000. Local Environmental Action Fund (LEAF) between Ward 6 and Ward 4, and directed staff to continue with stumping and replanting based on the current practice of trees first removed-first replanted. Mr. J. Witmer and D. Ritz reviewed the report and responded to questions from the Committee. In addition, the Committee was in receipt of a motion referred from the May 5, 2014 Council meeting recommending that the $596,572. balance in the Federal Gas-Tax Reserve be applied toward completing additional pavement rehabilitation work under the annual Road Resurfacing Program. On motion, Councillor J. Gazzola brought the recommendation contained in Report INS-14- 054 forward for consideration, with an added provision directing staff to report back as soon as it is feasible regarding the implementation of a Tree Donation Program. Carried Unanimously The following motion was on a recorded vote. On motion by Councillor J. Gazzola - it was resolved: “That no action be taken in dividing the remaining balance of the $320,000. Local Environmental Action Fund (LEAF) funding between Ward 6 and Ward 4, and that staff be directed to continue with stumping and replanting based on the current practice of trees first removed - first replanted, as outlined in Infrastructure Services Department report INS-14-054; and, That staff be directed to bring forward an issue paper during the 2015-2024 Capital budget process outlining an Emerald Ash Borer replanting and stumping program for remaining ash trees; and further, That staff be directed to report back as soon as it is feasible regarding the implementation of a Tree Donation Program to provide supporting funding for the reforestation of the City of Kitchener’s urban forest canopy based on the principles identified in the Report INS-14-054.” COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE MAY 12, 2014 - 31 - CITY OF KITCHENER INS-14-054 - EMERALD ASH BORER UPDATE (CONT’D) 8. A motion was brought forward by Councillor P. Singh to allocate $70,000. of the $596,572. balance in the Federal Gas-Tax Reserve to 2014 Capital Out of Current (C/C) eligible projects thereby enabling the equivalent amount of C/C funding to be applied toward tree stumping in zones 18, 27, 38, 39 resulting from ash tree removals on street boulevards. Additionally, the motion proposed the re-allocation of the 2014 $40,000. tree planting grant received from Kitchener-Wilmot Hydro Inc. toward street boulevard trees that have not been replanted due to lack of funding, depending on the severity of impact. Questions were raised regarding the necessity of allocating the proposed $70,000. toward the completion of tree stumping resulting from ash tree removals. Mr. Witmer clarified that all of the tree removal work identified for 2014 has already been completed, noting that this includes all of the trees identified within the subject zones. He added that the tender that went out this year for stumping includes the stumping of all of the trees that have been removed. He confirmed the stumping of trees removed in early 2014, being those located in zones 18, 27, 38 and 39, were included in the 2014 stumping contract utilizing existing 2013 Capital funding. Councillor Singh agreed to revise his motion to replace the Clauses regarding the proposed transfer out of the Federal Gas-Tax Reserve with the motion that was referred from the May 5, 2014 Council meeting. A motion was then brought forward by Councillor K. Galloway-Sealock to amend the final Clause of Councillor Singh’s motion to have the $40,000. from Kitchener-Wilmot Hydro Inc. used toward street boulevard trees, on the principal of first removed-first replaced. A motion was brought forward by Councillor J. Gazzola to defer consideration of this matter to allow time for information to be provided as to the impact of applying the funds from Kitchener- Wilmot Hydro Inc. towards the replanting of street boulevard trees. LOST Councillor Gazzola’s deferral motion was then voted on and was on a recorded vote, with Councillors D. Glenn-Graham, J. Gazzola, K. Galloway-Sealock, Y. Fernandes and Z. Janecki voting in favour; and, Mayor C. Zehr and Councillors B. Ioannidis, S. Davey, F. Etherington, B. Vrbanovic and P. Singh voting in opposition. Carried Councillor Galloway-Sealock’s amendment was then voted on and was on a recorded vote, with Mayor C. Zehr and Councillors B. Ioannidis, B. Vrbanovic, D. Glenn-Graham, J. Gazzola and K. Galloway-Sealock voting in favour; and, Councillors F. Etherington, Y. Fernandes, Z. Janecki, S. Davey and P. Singh voting in opposition. The following motion was voted on clause by clause. On motion by Councillor P. Singh - it was resolved: “That the balance of the Federal Gas-Tax Reserve funding of $596,572., be allocated to complete additional pavement rehabilitation work under the annual Road Resurfacing Program; and, That the existing purchase order for the annual Road Resurfacing Program (T14-002) be extended by $596,572. to enable completion of this work in 2014, as outlined in Infrastructure Services Department report INS-14-048; and further, That the $40,000. tree planting grant received from Kitchener-Wilmot Hydro Inc. be used towards the costs of replanting in 2014, of street boulevard trees that have not been replanted due to lack of funding, based on the principal of first removed-first replaced.” Carried, as amended, on a recorded Clause 3 - vote. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE MAY 12, 2014 - 32 - CITY OF KITCHENER INS-14-054 - EMERALD ASH BORER UPDATE (CONT’D) 8. In Favour: Mayor C. Zehr and Councillors K. Galloway-Sealock, S. Davey, B. Vrbanovic, D. Glenn-Graham, Y. Fernandes, P. Singh, F. Etherington, J. Gazzola and B. Ioannidis. Contra: Councillor Z. Janecki. Carried. Balance of motion - ADJOURNMENT 9. On motion, this meeting adjourned at 5:41 p.m. C. Goodeve Committee Administrator