The Corporation of the City of St. Catharines
REGULAR COUNCIL MINUTES
Monday, November 30, 2015
Present:
Absent: | Mayor Walter Sendzik Councillors Sandie Bellows, Mike Britton (arrived at 6:36 p.m.), Mark Elliott, N. Carlos Garcia, Matt Harris (left at 9:44 p.m.), David A. Haywood (left at 10:10 p.m.) , Joseph Kushner, Bill Phillips, Mathew Siscoe, Sal Sorrento (arrived at 7.33 p.m.), and Jennifer Stevens
Councillor Bruce Williamson |
| |
Officials Present: | Dan Carnegie, Chief Administrative Officer Shelley Chemnitz, Commissioner of Corporate Services Bryan Shynal, Commissioner of Operations Nicole Auty, Director of Legal and Clerks Services/City Solicitor Jim Riddell, Director of Planning and Building Services Kristine Douglas, Director of Financial Management Services Jeanette Pillitteri, Director of Corporate Support Services Dan Dillon, Director of Transportation and Environmental Services David Oakes, Director of Recreation and Community Services David Wood, Director of Fire and Emergency Management Services Steve Solski, Executive Director, FirstOntario Performing Arts Centre Bonnie Nistico-Dunk, City Clerk Rebecca Alfieri, Council & Committee Coordinator |
Mayor Sendzik took the chair and called the meeting to order in Council Chambers at 6:32 p.m. |
1. | Presentations |
1.1. | Shelley Stewart and Bob Asham Re: Accessibility for Ontarians with Disabilities Act (AODA) 10th Anniversary Champion Award |
The Mayor congratulated and presented Shelley Stewart and Bob Asham with the Accessibility for Ontarians with Disabilities 10th Anniversary Champion Award. The Mayor thanked them for all the great work they do in and for the community for people with disabilities.
Dr. Jack Lightstone, President, Brock University Re: Brock University Update, Overview and Future Goals |
Dr. Jack Lightstone, President of Brock University addressed Council with an overview and update on Brock University, as well he presented the Strategic Mandate Agreement. Dr. Lightstone informed Council that his last day as president of the University would be June 30, 2016. The Mayor thanked Dr. Lightstone for his vision and what he brought to the City through the expansion of Brock University.
Seconded By: Councillor Bellows
That Council receive the presentation by Dr. Jack Lightstone regarding an update about Brock University.
Carried
1.3. | Bryan Shynal, Commissioner of Operations, City of St. Catharines Re: Lake Street Service Centre - Operations Facility Consolidation - Supplementary Report (See General Committee Agenda, November 30, 2015, Item No. 3.5) |
Bryan Shynal, Commissioner of Operations, City of St. Catharines addressed Council regarding the Lake Street Service Centre (LSSC) - Operation Facility Consolidation - Supplementary Report. Mr. Shynal gave an overview of the LSSC facilities, and advised Council that the Geneva Street facility was at its end of life and rehabilitation is not an option.
Mr. Shynal went over the key issues regarding the consolidation.
Seconded By: Councillor Phillips
That Council receive the presentation by Bryan Shynal, Commissioner of Operations, City of St. Catharines, regarding the Lake Street Service Centre - Operations Facility Consolidation - Supplementary Report and refer it to General Committee for consideration later this evening (see General Committee minutes, November 30, 2015, Item 3.5).
Carried
2. | Public Meetings Pursuant to Planning Act |
There were none this evening.
3. | Opening Remarks, Mayor Walter Sendzik |
Mayor Sendzik presented a verbal report on matters of community interest.
4. | Adoption of the Agendas |
The City Clerk advised of the following changes to the Council Agenda:
• that Item 4.8 on the General Committee Agenda - recommendation has been amended to read; "That Council approve an application review fee of $1,500 for the review of new proposal for telecommunication facilities, which will be part of the 2016 rates and fees deliberations on December 14, 2015."
Seconded By: Councillor Bellows
That Council adopt the agendas for the meeting of November 30, 2015, as amended.
Carried as amended
5. | Declarations of Interest |
There were none declared.
6. | Adoption of the Minutes (Council and General Committee) |
6.1. | Regular Meeting of Council, November 16, 2015 |
Seconded By: Councillor Kushner
That Council adopt the minutes of the Regular meeting of Council held on Monday, November 16, 2015.
Carried
6.2. | General Committee Minutes, November 16, 2015 |
Seconded By: Councillor Kushner
That Council adopt the minutes of the General Committee meeting held on Monday, November 16, 2015.
Carried
6.3. | Budget Standing Committee, November 4, 2015 |
Seconded By: Councillor Kushner
That Council adopt the minutes of the Standing Budget Committee meeting held on Wednesday, November 4, 2015.
Carried
7. | Delegations |
7.1. | Ellen Balmain, CEO and Shirley Cordiner, Chair, Niagara Regional Housing Re: Affordable Housing in Niagara |
Ellen Balmain, CEO and Shirley Cordiner, Chair, Niagara Regional Housing addressed Council regarding how Niagara Regional Housing are working towards providing more affordable housing in Niagara, through new projects and gave an overview regarding subsidized privately owned buildings. Ms. Balmain and Ms. Cordiner availed themselves to questions.
Seconded By: Councillor Bellows
That Council receive the presentation by Ellen Balmain regarding Affordable Housing in Niagara.
Carried
7.2. | Public Meeting (Pursuant to Notice By-law 2007-310, as Amended) Transportation and Environmental Services, Geomatics Stopping up and Closing of the Un-named Street (Part of PIN 46255-0172(LT)) lying West of Harcove Street and between Lots 11 and 12, Registered Plan 552 in the former Geographic Township of Grantham, now in the City of St. Catharines, Regional Municipality of Niagara |
The Mayor advised that public notice had been published in accordance with the City's Notice By-law to consider the Stopping up and Closing of the Un-named Street (Part of PIN 46255-0172(LT)) lying West of Harcove Street and between Lots 11 and 12, Registered Plan 552 in the former Geographic Township of Grantham, now in the City of St. Catharines, Regional Municipality of Niagara. The Mayor advised that those who had registered with the City Clerk in advance of the meeting would be heard. None were registered. The Mayor then invited members of the public to come forward to be heard. No one came forward.
Seconded By: Councillor Phillips
That Council close the public meeting regarding the Stopping up and Closing of the Un-named Street (Part of PIN 46255-0172(LT)) lying West of Harcove Street and between Lots 11 and 12, Registered Plan 552 in the former Geographic Township of Grantham, now in the City of St. Catharines, Regional Municipality of Niagara report and refer it to General Committee Agenda, Item 3.1 for consideration later in the evening.
Motion to Refer Carried
7.3. | Public Meeting (Pursuant to Notice By-law 2007-310, as Amended) Transportation and Environmental Services, Geomatics Stopping up and Closing Part of the Road Allowance between Concessions 9 and 10, across Lot 23 shown as Part 2 on Plan 30R-14612, being Part of PIN 46414-0548(LT) in the former Geographic Township of Grantham, now In the City of St. Catharines, Regional Municipality of Niagara, Municipally known as 30 Power Glen |
The Mayor advised that public notice had been published in accordance with the City's Notice By-law to consider the Stopping up and Closing Part of the Road Allowance between Concessions 9 and 10, across Lot 23 shown as Part 2 on Plan 30R-14612, being Part of PIN 46414-0548(LT) in the former Geographic Township of Grantham, now In the City of St. Catharines, Regional Municipality of Niagara, Municipally known as 30 Power Glen. The Mayor advised that those who had registered with the City Clerk in advance of the meeting would be heard. None were registered. The Mayor then invited members of the public to come forward to be heard. No one came forward.
Seconded By: Councillor Phillips
That Council close the public meeting regarding Stopping up and Closing Part of the Road Allowance between Concessions 9 and 10, across Lot 23 shown as Part 2 on Plan 30R-14612, being Part of PIN 46414-0548(LT) in the former Geographic Township of Grantham, now In the City of St. Catharines, Regional Municipality of Niagara, Municipally known as 30 Power Glen report and refer it to the General Agenda, Item 3.2 for consideration later in the evening.
Motion to Refer Carried
8. | Call for Notices of Motion |
8.1. | Compact of Mayors - Climate Change Mayor Sendzik put forth the following Notice of Motion and requested Council suspend the rules to allow the motion to be considered this evening. |
Mayor Sendzik left the chair. Deputy Mayor Phillips took the chair.
That City Council further its leadership in environmental sustainability by signing on to the Compact of Mayors and advancing the City of St. Catharines climate change adaptation and mitigation strategies as outlined in Council’s Strategic Plan; and
That City Council support and pursue community partnerships to achieve community-wide climate change adaptation and mitigation strategies as outlined by the Mayor’s Compact; and
That City Council request a staff report including recommendations on how to implement the Compact of Mayors’ targets as identified in Council’s Strategic Plan.
...
Seconded By: Councillor Haywood
Suspension of the Rules
That Council suspend the rules in accordance with Procedural By-law 2015-170, article A4, Suspension of Rules, to allow the motion to be put at the Regular meeting of November 30, 2015.
Carried
Council now heard the motion
Moved By: Mayor Sendzik as Amended
Seconded By: Sal Sorrento
That Council agree to the Mayor taking part in the Compact of Mayors; and
That City Council request a staff report including recommendations on how to implement the Compact of Mayors’ targets as identified in Council’s Strategic Plan and makes reference to the City’s Sustainability Policy. FORTHWITH
Yeas: Councillors Bellows, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, and Mayor Sendzik
Nays:
Carried as Amended
9. | Motions |
Property Taxes Paid by Niagara Regional Housing
Mayor Sendzik provided Notice for this motion at the meeting of November 16, 2015.
Whereas the current rent geared to income (RGI) waiting list for affordable housing as of September 30, 2015 is 4,705 households which represents 8,337 individuals in Niagara;
Whereas St. Catharines City Council has identified economic prosperity as a strategic objective with specific goals to be an affordable city for young people, families and retired older adults in the City of St. Catharines Strategic Plan;
Whereas Niagara Regional Council has identified the reduction of the waiting list as a strategic priority;
Whereas Niagara Regional Housing has allocated $8.3 million of the latest Investment in Affordable housing funds from the Provincial and Federal governments, towards building new units;
Whereas Regional Council has allocated the Niagara Regional Housing 2014 operating surplus to the Niagara Regional Housing own unit reserve to build new units;
Whereas any future savings in the Niagara Regional Housing operational budget can be allocated to a dedicated own unit reserve to build new units;
Whereas the Region of Niagara and Niagara municipalities have eliminated Development Charges for Niagara Regional Housing projects built in the past to reduce building costs and making projects more sustainable;
Whereas at the last Niagara Regional Housing Board meeting on October 30, 2015, the Board unanimously supported a request that the Region of Niagara eliminates municipal property taxes on Niagara Regional Housing owned units;
NOW THEREFORE BE IT RESOLVED:
That St. Catharines City Council direct staff to prepare a report that outlines the budget implications and process to implement elimination of property tax collection for all Niagara Regional Housing properties located in the City of St. Catharines and direct uncollected property tax funds to Niagara Regional Housing capital budget to invest in creating additional affordable housing units for consideration in the 2017 budget. FORTHWITH
...
Moved By: Deputy Mayor Phillips as amended
That St. Catharines City Council direct staff to prepare a report that outlines the budget implications and process to implement elimination of property tax collection for all Niagara Regional Housing properties located in the City of St. Catharines and direct uncollected property tax funds to Niagara Regional Housing capital budget to invest in creating additional affordable housing units within St. Catharines to be referred to the Standing Budget Committee for consideration in the 2017 budget; and
That the report include the staff recommendation; and
That that report include how many units are privately owned and how this would affect owners of apartment buildings who have a portion of their units to be rented and subsidized by NRH and projected financial loss to the City; and
That the report define how many of the subsidized units are actually market rent units and how these will be dealt with in this proposal, and
That what action is being taken by other municipalities is also included. FORTHWITH
Motion to Refer Carried
10. | Resolve into General Committee |
Council recessed at 8:10 p.m. and General Committee convened. General Committee adjourned at 10:25 p.m. and City Council reconvened.
11. | Motion Arising from In-Camera Session |
11.1. | In-Camera Agenda Item 2.1 Property Matter - Lease, Realty File No. 12-20 |
Seconded By: Councillor Stevens
That Council does now reconvene from the In-Camera Session; and
That Council direct staff to proceed as discussed regarding, a lease agreement with respect to accommodating a pharmacy at the 12 Ontario Street parking garage; and
That the City Solicitor be directed to prepare the necessary documents and by-laws. FORTHWITH
Yeas: Councillor Bellows, Britton, Elliott, Garcia, Kushner, Phillips, Sorrento, Stevens, and Mayor Sendzik
Nays:
Carried
Councillors Harris and Haywood were not present for the vote.
11.2. | In-Camera Agenda Item 2.2 Property Matter - Lease, Realty File No. 15-86 |
Councillor Siscoe declared a conflict of interest (pecuniary) due to a business relationship with proponent.
Moved By: Councillor Britton
Seconded By: Councillor Stevens
That Council direct staff to proceed as discussed regarding a license agreement with 160 St. Paul Investments Inc. with respect to the use by the City of rear lands of 176
St. Paul Street for a public walkway; and
That the City Solicitor be directed to prepare the necessary documents and by-laws. FORTHWITH
Yeas: Councillors Bellows, Britton, Elliott, Garcia, Kushner, Phillips, Sorrento, Stevens, and Mayor Sendzik
Nays:
Carried
Councillors Harris and Haywood were not present for the vote.
11.3. | In-Camera Agenda Item 2.3 Property Matter - Lease, Realty File No. 91-59 |
Councillor Siscoe declared a conflict of interest (pecuniary) as the Niagara Catholic District School Board (DCSBN) is his employer.
Moved By: Councillor Britton
Seconded By: Councillor Stevens
That Council direct staff to proceed as discussed regarding a renewal of a lease agreement with the Niagara Catholic District School Board with respect to the use of land adjacent to Holy Cross Secondary School at 460 Linwell Road for landscaping and parking purposes; and
That the City Solicitor be directed to prepare the necessary documents and by-laws. FORTHWITH
Councillors Bellows, Britton, Elliott, Garcia, Phillips, Sorrento, Stevens, and Mayor Sendzik
Nays:
Carried
Councillors Harris, Haywood and Kushner were not present for the vote.
12. | Motion to Ratify Forthwith Recommendations |
Seconded By: Councillor Kushner
That Council adopt those items approved FORTHWITH by the General Committee on Monday, November 30, 2015.
Carried
13. | By-laws |
13.1. | Reading of By-laws |
Seconded By: Councillor Phillips
That the following by-laws be read a first time, considered and passed; and
That they be signed and executed by the Mayor and Deputy City Clerk.
By-law 2015-270 A By-law to authorize a Lease Extension Agreement with Brock University. (One reading – with respect to the use of space in the Seymour-Hannah Sports Complex at 240 St. Paul Street West to accommodate a training centre and a non-exclusive entrance area. Delegation By-law 2004-277, as amended.)
File: 68.32.147
By-law 2015-271 A By-law to amend By-law No. 2015-211 entitled “A By law to authorize a renewal of license agreement with Meridian Credit Union Limited.” (One reading with respect to adding a 90-day early termination clause. Delegation By-law 2004-277, as amended.) File: 16.19.99
By-law 2015-272 A By-law to amend By-law No. 2014-253 entitled “A By-law to appoint Deputy Clerks for the purpose of the Commissioners for Taking Affidavits Act and to repeal By-law No. 2014-53.” (One reading - with respect to change in personnel. Delegation By-law 2004-277, as amended.) File: 10.2.10
By-law 2015-273 A By law to authorize a Letter of Agreement with Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario. (One reading with respect to the Dedicated Gas Tax Funds for Public Transportation Program. Delegation By-law No. 2004-277, as amended).
File: 35.31.4
By-law 2015-274 A By-law to amend By-law No. 2002-81 entitled “A By-law to appoint certain employees of the Canadian Corps of Commissionaires (Hamilton) as municipal law enforcement officers.” (One reading – with respect to changing personnel. Delegation By-law No. 2004-277, as amended.) File: 10.10.99
By-law 2015-275 A By-law to close permanently that part of the original road allowance lying West of Harcove Street and between Lots 11 and 12, Registered Plan 552, being Part of PIN 46255-0172 (LT), in the former Geographic Township of Grantham, now in the City of St. Catharines, Regional Municipality of Niagara. (One reading – with respect to closing road allowance and releasing any residual interest – un-named street lying West of Harcove Street. General Committee, November 30, 2015, Item No. 3.1.)
File: 77.44.99
By-law 2015-276 A By-law to close permanently that part of the original road allowance lying between Concessions 9 and 10, Lot 23, designated as Part 2 on Plan 30R-14612, being Part of PIN 46414-0548 (LT), in the former Geographic Township of Grantham, now in the City of St. Catharines, Regional Municipality of Niagara. (One reading – with respect to closing road allowance and releasing any residual interest – 30 Power Glen. General Committee, November 30, 2015, Item No. 3.2.) File: 77.44.99
By-law 2015-277 A By-law to authorize a contract with 5609128 Manitoba Ltd., operating as Brook Recognition. (One reading – with respect to the Donor Wall Project at the FirstOntario Performing Arts Centre. General Committee, November 30, 2015, Item No. 4.9.) File: 68.32.152
By-law 2015-278 A By-law to authorize an agreement with Ausenco Engineering Canada Inc. (One reading – with respect to the Renovations and Alterations to Lake Street Service Centre, Project No. P15-142. General Committee, November 30, 2015, Item No. 3.5) File: 18.20.202, 68.81.20
By-law 2015-279 A By-law to confirm the proceedings of council at its meeting held on the 30th day of November, 2015. (One reading – with respect to ratification and adoption of City Council Minutes of November 30, 2015 and General Committee Minutes of November 30, 2015.) File: 10.12.1
Carried
13.2. | Reading of Additional By-laws |
Seconded By: Councillor Bellows
That the following additional by-law be read a first time, considered and passed; and
That they be signed and executed by the Mayor and the City Clerk.
By-law 2015-280 A By-law to authorize a renewal of lease agreement with Niagara Catholic District School Board. (One reading –with respect to the use of land adjacent to Holy Cross Secondary School at 460 Linwell Road for landscaping and parking purposes. Council, November 30, 2015, Item No.11.3.) File: 16.19.99
By-law 2015-281 A By-law to authorize a License Agreement with 160 St. Paul Investments Inc. (One reading – with respect to the use by the City of rear lands of 176 St. Paul Street for a public walkway. Council, November 30, 2015, Item No. 11.2.) File: 16.19.99
Carried
14. | Agencies, Boards, Committee Reports |
14.1. | Minutes to Receive • Heritage Permit Advisory Committee, September 24, 2015 • Museum Advisory Committee, September 22, 2015, and October 27, 2015 |
Seconded By: Councillor Harris
That Council receive and file the minutes of the Advisory Committees of Council, as presented.
Carried
15. | Adjournment |
Seconded By: Councillor Phillips
There being no further items of business, this meeting is adjourned at 10:32 p.m.
Carried
Certified Correct: Confirmed by:
City Clerk | Mayor |