
The Corporation of the City of St. Catharines
REGULAR COUNCIL MINUTES
Monday, July 08, 2013
Present: | Mayor Brian McMullan Councillors Jeff Burch, Dawn Dodge, Mark Elliott, Matt Harris, Bill Phillips, Peter Secord, Mathew Siscoe, Len Stack, Jennifer Stevens, and Greg Washuta |
Absent: Councillors Joseph Kushner and Bruce Williamson | |
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Officials Present: | Colin Briggs, Chief Administrative Officer Dan Carnegie, Director of Corporate Support Services Bonnie Nistico-Dunk, City Clerk David Oakes, Director of Economic Development and Customer Service John Sim, Manager of Accounting and Payroll, Financial Management Services Mark Mehlenbacher, Director of Fire and Emergency Management Services Jim Riddell, Director of Planning and Development Services Rick Lane, Director of Recreation and Community Services Ron Tripp, Director of Transportation and Environmental Services Nicole Auty, City Solicitor Carol Coull, Council Coordinator |
Mayor McMullan took the chair and called the meeting to order in Council Chambers at 6:32 p.m. |
1. | Invocation |
The meeting began with an Invocation by Councillor Stevens
2. | Opening Remarks, Mayor McMullan |
Mayor McMullan presented a verbal report on matters of community interest.
3. | Presentations |
None this evening
4. | Adoption of the Agendas |
• Councillor Stevens requested that Fred Stevens, Chair of the Older Adults Committee be added to the Delegations.
Moved By: Councillor Siscoe
Seconded By: Councillor Stack
That Council adopt the Agendas, as amended
Carried as Amended
5. | Declarations of Interest
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• Councillor Burch declared a Conflict of Interest (Pecuniary) to Item 4.10, Capital Budget and Four Year Forecasts, to matters referring to the Robertson Hall building which is related to his employer.
• Councillor Dodge declared a Conflict of Interest (Pecuniary) to Item Number 4.1 for Cheque Numbers 322333, 322546, 322702, 322319, 322336, 322391, 322421, 322498, 322528, 322627, 322651 and 322672. Councillor Dodge advised that she is affiliated with C.U.P.E and is employed by the Niagara Region.
• Councillor Elliott declared a Conflict of Interest (Pecuniary) to Item Number 4.1 for Cheque Numbers 322388 and 322613. Councillor Elliott advised that he has entered into a contract with the recipient.
• Councillor Siscoe declared a Conflict of Interest (Pecuniary) to Item Number 4.1 for Cheque Numbers 331810 and 331807. Councillor Siscoe advised that the cheques are issued to his employer and his son's school.
• Councillor Washuta declared a Conflict of Interest (Pecuniary) to item Number 4.1 for Cheque Numbers 322442, 322331, 322289, 322386, 322458, 322567 and 322697. Councillor Washuta advised that the recipients are an employer of a family member, his wife's employer and his employer.
6. | Public Meetings Pursuant to the Planning Act (Commencing at 7:30 p.m.) |
None this evening
7. | Adoption of the Minutes (Council and General Committee)
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7.1. |
Moved By: Councillor Secord
Seconded By: Councillor Stack
That Council ratify and adopt the minutes of the Fifteenth meeting of Council held Monday, June 24, 2013, copies having been previously distributed.
Carried
7.2. |
Moved By: Councillor Secord
Seconded By: Councillor Burch
That Council ratify and adopt the minutes of the Fifteenth meeting of General Committee held Monday, June 24, 2013, save and except for Item 3.5, copies having been previously distributed.
...
Councillor Burch asked that Item 3.5 from the June 24, 2013 Minutes be removed and voted on separately.
Moved By: Councillor Burch
Seconded By: Councillor Dodge
That the report from Transportation and Environmental Services, Parking on Queenston Street at the Niagara Health System Site, Item 3.5, be amended by removing "15 minute parking" from the resolution and inserting "2 Hour Parking".
Carried as Amended
8. | Delegations |
8.1. | Fred Stevens, Chair of the Older Adults Committee, Re: Age-Friendly Community Update |
Fred Stevens addressed Council in support of the report from Recreation and Community Services in its application to the World Health Organization for age-friendly designation. Mr. Stevens commended the City of St. Catharines for its programs offered for older adults and the subpart of staff.
Moved By: Councillor Stevens
Seconded By: Councillor Elliott
That Council receive and refer the presentation by Fred Stevens to the General Committee for consideration later in the evening. (See General Committee Minutes, July 8, 2013, Item Number 3.3.)
Carried
9. | Call for Notices of Motion |
9.1. | Resumption of Train Whistling at the Moffatt Street Crossing |
Moved By: Councillor Stevens
Seconded By: Councillor Burch
WHEREAS this Council endorsed and passed a duly recorded motion regarding the concerns over the resumption of train whistling at the Moffatt Street crossing; and
WHEREAS the motion called for immediate action by the Director of TES, the CAO and the Mayor; and
WHEREAS no communication regarding this problem has been forthcoming; and
WHEREAS the City of Brantford is considering an Anti-Whistling By-law to solve a similar concern; and
BE IT RESOLVED that the Director of TES report on any communications between his department, Transport Canada and CN since the motion of June 24, 2013 was passed; and
That the Director of TES provide a report on the installation of crossing arms and other safety measures that were approved by this Council; and
That the Director of TES provide a report on the feasibility and effectiveness of the City of St. Catharines instituting an Anti-Whistling By-law similar to that of Brantford; and
That these reports be provided to Council for the next scheduled meeting.
...
9.2. | Suspension of the Rules |
Moved By: Councillor Dodge
Seconded By: Councillor Washuta
That Council suspend the rules in accordance with Procedural By-law 2007-311, as amended, Article A4, Suspension of the Rules to allow the motion to be put at the Regular meeting of July 8, 2013.
Carried
9.3. | VIA Rail Service to Niagara |
Moved By: Councillor Burch
Seconded By: Councillor Phillips
WHEREAS a passenger rail network is an integral and essential part of Canada's national transportation infrastructure and is vital to economic prosperity; and
WHEREAS many communities in Canada have been trying to increase VIA service and improve scheduling to meet the economic and development needs of their regions; and
WHEREAS VIA Rail has reduced the service to the Niagara area and has cancelled the train service to St. Catharines; and
WHEREAS VIA Rail's mandate is to provide safe, efficient, more environmentally sustainable and cost effective passenger transportation; and
WHEREAS a reduction in rail service makes the region less accessible and could negatively impact tourism, business and property values; and
WHEREAS the Niagara Region has been chosen as a host location for the Toronto 2015 Pan Am/Parapan Am games requiring thousands of people to travel to the region; and
WHEREAS effective rail service to the region would serve as a foundation for integrated Regional Transportation.
THEREFORE BE IT RESOLVED that the Municipality of St. Catharines express its support for affordable, accessible and reliable rail service to the Niagara Region; and
BE IT FURTHER RESOLVED that the municipality urge the Federal government to invest in infrastructure and provide the necessary funding to ensure that the Niagara Region is effectively served by rail service.
...
9.4. | Suspension of the Rules |
Moved By: Councillor Elliott
Seconded By: Councillor Phillips
That Council suspend the rules in accordance with Procedural By-law 2007-311, as amended, Article A4, Suspension of the Rules to allow the motion to be put at the Regular meeting of July 8, 2013.
Carried
10. | Motions |
10.1. | Resumption of Train Whistling at the Moffatt Street Crossing |
Moved By: Councillor Stevens
Seconded By: Councillor Burch
WHEREAS this Council endorsed and passed a duly recorded motion regarding the concerns over the resumption of train whistling at the Moffatt Street crossing; and
WHEREAS the motion called for immediate action by the Director of TES, the CAO and the Mayor; and
WHEREAS no communication regarding this problem has been forthcoming; and
WHEREAS the City of Brantford is considering an Anti-Whistling By-law to solve a similar concern; and
BE IT RESOLVED that the Director of TES report on any communications between his department, Transport Canada and CN since the motion of June 24, 2013 was passed; and
That the Director of TES provide a report on the installation of crossing arms and other safety measures that were approved by this Council; and
That the Director of TES provide a report on the feasibility and effectiveness of the City of St. Catharines instituting an Anti-Whistling By-law similar to that of Brantford; and
That these reports be provided to Council for the next scheduled meeting.
Carried
10.2. | VIA Rail Service to Niagara |
Moved By: Councillor Burch
Seconded By: Councillor Phillips
WHEREAS a passenger rail network is an integral and essential part of Canada's national transportation infrastructure and is vital to economic prosperity; and
WHEREAS many communities in Canada have been trying to increase VIA service and improve scheduling to meet the economic and development needs of their regions; and
WHEREAS VIA Rail has reduced the service to the Niagara area and has cancelled the train service to St. Catharines; and
WHEREAS VIA Rail's mandate is to provide safe, efficient, more environmentally sustainable and cost effective passenger transportation; and
WHEREAS a reduction in rail service makes the region less accessible and could negatively impact tourism, business and property values; and
WHEREAS the Niagara Region has been chosen as a host location for the Toronto 2015 Pan Am/Parapan Am games requiring thousands of people to travel to the region; and
WHEREAS effective rail service to the region would serve as a foundation for integrated Regional Transportation.
THEREFORE BE IT RESOLVED that the Municipality of St. Catharines express its support for affordable, accessible and reliable rail service to the Niagara Region; and
BE IT FURTHER RESOLVED that the municipality urge the Federal government to invest in infrastructure and provide the necessary funding to ensure that the Niagara Region is effectively served by rail service.
...
Moved By: Councillor Siscoe
Seconded By: Councillor Harris
That Council direct staff to prepare a report on VIA rail services and consider the motion at the next meeting of Council.
Lost
Council considered the main motion.
YEAS: Councillors Stack, Stevens, Washuta, Burch, Dodge, Elliott, Harris, Phillips, Secord and Mayor McMullan
NAYS: Councillor Siscoe
Carried
10.3. | Appointment of Representatives to Search Committee for CAO |
Moved By: Councillor Harris
Seconded By: Councillor Stack
That Council appoint Councillors Dodge, Elliott, Phillips and Secord as representatives to sit on the Search Committee to recruit and select the new Chief Administrative Officer.
YEAS: Councillors Washuta, Burch, Dodge, Elliott, Harris, Phillips, Secord, Siscoe, Stack, Stevens and Mayor McMullan
NAYS:
Carried
10.4. | Request to Declare Event One of Municipal Significance - Night Market |
Moved By: Councillor Elliott
Seconded By: Councillor Dodge
That the Council of the City of St. Catharines declares Night Market, to be held August 6, 2013 - September 10, 2013, to be an event of municipal significance for the purpose of obtaining liquor permits; and
That the Clerk be directed to make the necessary notifications. FORTHWITH
YEAS: Councillors Elliott, Harris, Phillips, Secord, Siscoe, Stack, Stevens, Washuta, Burch, Dodge and Mayor McMullan
NAYS:
Carried Forthwith
11. | Resolve into General Committee |
Council recessed at 7 p.m. and General Committee convened. General Committee adjourned at 7:39 p.m. and City Council reconvened.
12. | Motion Arising from In-Camera Session |
None this evening
13. | Motion to Ratify Forthwith Recommendations |
Moved By: Councillor Secord
Seconded By: Councillor Dodge
That Council ratify and adopt those items approved Forthwith by the General Committee on Monday, July 8, 2013.
Carried
14. | By-laws |
14.1. | Reading of the By-laws |
Moved By: Councillor Stack
Seconded By: Councillor Harris
That the following By-laws be read a first time and considered and passed, be read a second and third time and do pass; and
That they be signed and executed by the Mayor and the Clerk.
By-law No. 2013-161 A By-law to amend By-law No. 6609 as amended by By-law 2006-3 entitled “A By-law to establish Zoning Area 8 and to regulate the use of land and the character, location and use of buildings and structures therein”. (Three readings – with respect to rezoning 109 Glendale Avenue (298 Glenridge Avenue) to permit townhouses. Regular City Council, June 10, 2013, Item No. 6.1.) File: 60.35.994
By-law No. 2013-162 A By-law to authorize a contract with Nexterra Substructures Incorporated. (Three readings – with respect to Old Glenridge Sewer Separation Program – Phase 1, Project P11-007. Delegation By-law No. 2004-277, as amended. File: 18.20.198
By-law No. 2013-163 A By-law to authorize a contract with Rankin Construction Inc. (Three readings – with respect to West St. Catharines Senior Community Centre Parking Lot Reconstruction, Project 12-178-1. Delegation By-law No. 2004-277, as amended. File: 18.20.199
By-law No. 2013-164 A By-law to authorize a contract with 788893 Ontario Limited o/a Niagara Crack Sealing. (Three readings – with respect to 2013 Crack Sealing Program, Project P13-083. Delegation By-law No. 2004-277, as amended. File: 18.45.251
By-law No. 2013-165 A By-law to confirm the proceedings and decisions of the Council of The Corporation of the City of St. Catharines at its Meeting held on July 8, 2013. (Three readings – with respect to ratification and adoption of Minutes of June 24, 2013, and General Committee Minutes of June 24, 2013.) File: 10.12.1
Carried
15. | Agencies, Boards, Committee Reports, and Extras |
15.1. | Committee Minutes to Receive: St. Catharines Museum Advisory Committee, May 28, 2013; St. Catharines Public Library Board, May 16, 2013; Mayor's Advisory Committee for Black History, April 11, 2013 |
Moved By: Councillor Dodge
Seconded By: Councillor Stevens
That Council receive and file the minutes of the Museum Advisory Committee, St. Catharines Public Library Board and the Mayor's Advisory Committee for Black History.
Carried
16. | Adjournment |
Moved By: Councillor Washuta
Seconded By: Councillor Phillips
There being no further items of business, this meeting is adjourned at 7:40 p.m.
Carried
Certified Correct: Confirmed by:
City Clerk | Mayor |