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The Corporation of the City of St. Catharines

REGULAR COUNCIL MINUTES

Monday, February 08, 2016

 

Present:

 

 

 

 

 

Absent:

Mayor Walter Sendzik

Councillors Sandie Bellows, Mike Britton (arrived at 7:51 p.m.), Mark Elliott, N. Carlos Garcia, David A. Haywood, Joseph Kushner, Bill Phillips,
Mathew Siscoe, Sal Sorrento (arrived at 6:36 p.m.), Jennifer Stevens, and Bruce Williamson (left at 9:30 p.m.)

 

Councillor Matt Harris

 

Officials

Present:

Dan Carnegie, Chief Administrative Officer

Shelley Chemnitz, Commissioner of Corporate Services

Bryan Shynal, Commissioner of Operations

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

Bonnie Nistico-Dunk, City Clerk

Rebecca Alfieri, Council  and Committee Coordinator

 

Mayor Sendzik took the chair and called the meeting to order in Council Chambers at 6:32 p.m.

 

1.

Presentations

There were none this evening.

 

2.

Public Meetings Pursuant to Planning Act

There were none this evening.

 

3.

Mayor's Report

Mayor Sendzik presented a verbal report on matters of community interest.

 

3.1.

Dale Davis, CEO of Big Brothers Big Sisters of St. Catharines, Thorold & District, and Adam Bosak, Committee Chair of Tim Hortons Bowl For Kids Sake

Mayor Walter Sendzik invited Dale Davis, CEO of Big Brothers Big Sisters of St. Catharines, Thorold & District, and Adam Bosak, Committee Chair of Tim Hortons Bowl For Kids Sake to the podium following his Mayor's Report. Ms. Davis and Mr. Bosak addressed Council with a brief overview of Big Brothers Big Sisters and the Bowl For Kids Sake event, then presented Mayor Sendzik with a bowling ball and thanked him and Councillors for signing up to participate in the Bowl For Kids Sake event taking place at the Parkway Lanes Sports & Entertainment Centre on February 23, 2016 in the evening, as well as all day on February 27, 2016.

 

 

4.

Adoption of the Agendas

The City Clerk amended the evening's Council Agenda:

         Item No. 7.6 on the Council Agenda, Public Meeting Re: Amendment to Administrative Monetary Penalty System (AMPS) to included Accessible Parking Infractions has been deferred to the meeting of February 22, 2016. 

         Item No. 3.5 on the General Committee Agenda Re: Amendment to Administrative Monetary Penalty System (AMPS) to included Accessible Parking Infractions has been deferred to the meeting of February 22, 2016, for consideration.

         Item No. 2.1 on the In-Camera Agenda have been deferred to the meeting of February 22, 2016.

         Item No. 9.1 on the Council Agenda, Motion Re: Public Involvement in Site Plan Process for 15 Pelham Road has been deferred to the meeting of February 22, 2106.

Moved By:  Councillor Siscoe

Seconded By:  Councillor Williamson

That Council adopt the agendas for the meeting of February 8, 2016, as amended.

Carried

 

5.

Declarations of Interest

Councillor Stevens, and Councillor Williamson declared a Conflict of Interest (Pecuniary) to Council Agenda Item No. 7.2, and General Committee Agenda Item 3.1, as it pertains to their spouse's employer.

 

6.

Adoption of the Minutes (Council, General Committee and Budget Standing Committee)

 

6.1.

Regular Meeting of Council, January 25, 2016

 

Moved By:  Councillor Phillips

Seconded By:  Councillor Siscoe

That Council adopt the minutes of the Regular meeting of Council held on Monday, February 8, 2016.

Carried

 

 

 

6.2.

General Committee Minutes, January 25, 2016

 

Moved By:  Councillor Phillips

Seconded By:  Councillor Siscoe

That Council adopt the minutes of the General Committee meeting held on Monday, February 8, 2016.

Carried

 

6.3.

Budget Standing Committee Minutes, January 12, 2016January 14, 2016, January 26, 2016, and January 28, 2016

 

Moved By:  Councillor Phillips

Seconded By:  Councillor Siscoe

That Council adopt the minutes of the Budget Standing Committee meetings held on Tuesday, January 12, 2016, Thursday, January 14, 2016, Tuesday, January 26, 2016, and Thursday, January 28, 2016.

Carried

 

7.

Delegations

 

7.1.

Lilita Stripnieks, Chief Executive Officer, and Jack Foster, Business and Facilities Administrator, St. Catharines Public Library

Re: 2016 Library Budget

Lilita Stripnieks, Chief Executive Officer, and Jack Foster, Business and Facilities Administrator, and Les McDonald, Chair of the Board from St. Catharines Public Library addressed Council regarding the 2016 Library Budget. Ms. Stripnieks and Mr. Foster provided an overview of the Library's programs and the usage statistics. They availed themselves to questions of Council.

 

Moved By:  Councillor Phillips

Seconded By:  Councillor Siscoe

That Council receive the presentation from Lilita Stripnieks, Chief Executive Officer, Les McDonald, Chair of the Board, and Jack Foster, Business and Facilities Administrator, St. Catharines Public Library regarding the 2016 Library Budget and refer it to the Budget Standing Committee.

Motion to Refer Carried

 

 

 

 

 

7.2.

Kimberly Hundertmark, Executive Director and Barry Katzman, Niagara Grape and Wine Festival

Re: Annual Report (see General Committee Agenda, February 8, 2016, Item 3.1)

Councillors Stevens and Williamson left the meeting during the presentation due to a Conflict of Interest (Pecuniary), as it pertains to their spouse's employer.

Kimberly Hundertmark, Executive Director and Barry Katzman, Niagara Grape and Wine Festival addressed Council regarding the Festival's Annual Report. Mr. Katzman explained to Council the funding, fee for service, and parade funding analysis, explained the economic impact to the City and Region, the ancillary benefits to the City. Mr. Katzman and Ms. Hundertmark availed themselves to questions of Council.

 

Moved By:  Councillor Phillips

Seconded By:  Councillor Siscoe

That Council receive the presentation from Kimberly Hundertmark, Executive Director and Barry Katzman, Niagara Grape and Wine Festival regarding the Niagara Wine Festival Annual Report and refer it to General Committee Agenda Item No. 3.1 for consideration later in the evening.

Motion to Refer Carried

 

7.3.

Bram Cotton, Executive Director, Niagara Sport Commission

Re: 2021 Canada Summer Games (see General Committee Agenda, February 8, 2016, Item 3.2)

Bram Cotton, Executive Director, Niagara Sport Commission addressed Council regarding the 2021 Canada Summer Games.  Mr. Cotton explained to Council the benefits of hosting the Canada Summer Games, the opportunity for Niagara, past economic impacts, what makes a successful bid and the next steps for Niagara.  Mr. Cotton availed himself to questions of Council.

 

Moved By:  Councillor Kushner

Seconded By:  Councillor Stevens

That Council receive the presentation from Bram Cotton, Executive Director, Niagara Sport Commission regarding the 2021 Canada Summer Games, and refer it to General Committee Agenda Item No. 3.2 for consideration later in the evening.

Motion to Refer Carried

 

 

 

 

 

7.4.

Greg Gormick, Transport Action Ontario

Re: VIA Rail Train Service in Niagara (see Council Agenda, February 8, 2016, Item 9.2)

Greg Gormick, Transport Action Ontario address Council regarding VIA Rail Train Service in Niagara. Mr. Gormick explained to Council the history of VIA train service to Niagara, and presented a case for VIA expansion back to the Niagara Region. Mr. Gormick availed himself to questions of Council.

 

Moved By:  Councillor Stevens

Seconded By:  Councillor Phillips

That Council receive and refer the presentation from Greg Gormick, Transport Action Ontario regarding VIA Rail Train Service in Niagara, and refer it to Council Agenda Item No. 9.2 for consideration later in the evening.

Motion to Refer Carried

 

7.5.

Hugo Chesshire, Policy and Government Relations Manager, and Mishka Balsom, Policy and Government Relations Manager, Greater Niagara Chamber of Commerce

Re: VIA Rail Train Service in Niagara (see Council Agenda, February 8, 2016, Item 9.2)

Hugo Chesshire, Policy and Government Relations Manager, and Mishka Balsom, Policy and Government Relations Manager, Greater Niagara Chamber of Commerce addressed Council regarding VIA Rail Train Service in Niagara. Ms. Balsom endorsed the Chamber's support with respect to VIA rail expansion to Niagara. Ms. Balsom availed herself to questions from Council.

 

Moved By:  Councillor Elliott

Seconded By:  Councillor Sorrento

That Council receive the presentation from Mishka Balsom, Policy and Government Relations Manager, Greater Niagara Chamber of Commerce regarding VIA Rail Train Service in Niagara and refer it to Council Agenda Item No. 9.2 for consideration later in the evening.

Motion to Refer Carried

 

7.6.

Public Meeting (Pursuant to Notice By-law No. 2007-310, as Amended)

Re: Amendment to Administrative Monetary Penalty System (AMPS) to include Accessible Parking Infractions

(see General Committee Agenda, February 8, 2016, Item 3.5)

This item was deferred to the meeting of February 22, 2016, during Council Agenda Item No.4, Adoption of the Agendas.

 

8.

Call for Notices of Motion

There were none this evening.

 

9.

Motions

 

9.1.

Public Involvement in Site Plan Process for 15 Pelham Road

 

Whereas the lands at 15 Pelham Road are subject to a development application for a multi-unit residential development (approximately 5 units); and

 

Whereas area residents, as a result of a Committee of Adjustment application for a minor variance have expressed an interest in being consulted as part of the site plan approval process;

 

Therefore be it resolved that Council direct staff to involve area residents in the site plan approval process and that all residents within 90 metres of the site be circulated for input on the site plan prior to final approval by the Director of Planning and Building Services. FORTHWITH

Councillor Kushner deferred this motion to the meeting of February 22, 2016, during Council Agenda Item No. 4, Adoption of the Agendas.

 

 

9.2.

Urge VIA Rail and Federal Government to Restore Effective VIA Train Service in Niagara

(Councillor Williamson provided Notice of Motion at the meeting of January 25, 2016)

 

 

Moved By:  Councillor Williamson

Seconded By:  Councillor Bellows

Whereas the travelling public is better served by having a variety of transportation choices; and  

Whereas in 2012 VIA Rail cancelled one of its two roundtrip services on the line from Niagara Falls to Toronto; and  

Whereas VIA Rail is the passenger carrier well suited to serving the long-haul requirements of the Niagara Peninsula; and  

Whereas increased VIA Rail service in Niagara will provide a direct connection to the rest of our national passenger rail system, as well as Amtrak’s Empire Corridor, which is the designated high speed rail route between Niagara Falls, New York and New York City; and  

Whereas rail provides an environmentally sustainable transportation option to help reduce our carbon footprint and decrease congestion on our highways; and  

Whereas the business, recreation and tourism sectors will benefit from the expansion of VIA Rail since it can once again provide a reliable, accessible, comfortable, convenient daily service to and from Toronto; and 

Whereas many students at Brock University and Niagara College require dependable intercity transportation to travel between their home towns and Niagara’s post-secondary schools and service improvement would be beneficial to both these schools; and  

Whereas the existing rail infrastructure, including a climate-controlled station building and parking area, is already in place; and  

Whereas VIA Rail comes under the jurisdictional authority of the Federal government, the body which has announced plans to make substantial investments in transit infrastructure;  

Whereas Niagara is positioned favourably for growth and transportation links are vital ingredients for future prosperity and sustainability; 

BE IT RESOLVED: That for Niagara to meet its potential for economic prosperity, the City of St. Catharines request VIA Rail and the Federal Government to restore effective VIA train service in Niagara; and

That VIA prepare a Business Case analysis to be presented; and

That the cities of Niagara Falls and Grimsby be requested to endorse this motion; and  

Furthermore that the Minister of Transport Canada, The Honourable Marc Garneau; the Provincial Minister of Transportation, Mr. Steven Del Duca; the CEO of VIA Rail, Mr. Yves Desjardins-Siciliano; local MPs; MP Bob Bratina; Honourable Minister Jim Bradley; local MPPs; the Prime Minister of Canada; the Regional Municipality of Niagara and Niagara area municipalities be so notified. FORTHWITH

Yeas: Councillors Bellows, Britton, Elliott, Garcia, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, and Mayor Sendzik

Nays:

Carried as Amended

 

9.3.

GO Rail Corridor Infrastructure Needs

(Councillor Siscoe provided Notice of Motion at the meeting of December 14, 2015)

 

Moved By:  Councillor Siscoe

Seconded By:  Councillor Phillips

WHEREAS the Province of Ontario created an infrastructure funding plan for the province of Ontario that earmarks 14 billion dollars for infrastructure improvements in Ontario outside of Toronto; and

WHEREAS the Government of Canada stated in its Throne Speech and in numerous public statements its intention to invest $20 billion in transit infrastructure across Canada;

Be it Resolved that the City of St. Catharines send a letter to the Provincial Minister of Infrastructure, the Premier of Ontario, the Federal Minister of Infrastructure and Communities and the Prime Minister of Canada endorsing the introduction of daily GO Rail Transit to St. Catharines and Niagara; and

Be it Further Resolved that the undersigned formally request that the Province of Ontario state unequivocally a timeline for infrastructure renewal start and completion, and the commencement of operation for daily GO Rail Transit to St. Catharines and Niagara; and  

Be It Further Resolved that the letter be signed and endorsed by the Mayor on behalf of Council, and also signed and endorsed by the Regional Chair and by the remaining Niagara Mayors, and by the Niagara Region Provincial MPPs (Jim Bradley, Cindy Forester, Tim Hudak and Wayne Gates) and Federal MPs (Dean Allison, Chris Bittle, Vance Badawey and Rob Nicholson) in a show of solidarity with the City and Region. FORTHWITH

Yeas: Councillors Bellows, Britton, Elliott, Garcia, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, and Sendzik

Nays:

Carried as Amended

 

10.

Resolve into General Committee

Council recessed at 8:41 p.m. and General Committee convened. General Committee adjourned at 9:32 p.m. and City Council reconvened.

 

11.

Motion Arising from In-Camera Session

 

11.1.

In-Camera Agenda Item 2.1

Verbal - Litigation, or Potential Litigation, including Matters before Administrative Tribunals, Affecting the Municipality or Local Board.

This item was deferred to the meeting of February 22, 2016 during Council Agenda Item No. 4, Adoption of the Agendas.

 

 

11.2.

In-Camera Agenda Item 2.2

Verbal - Personal Matters about an Identifiable Individual, including Municipal or Local Board Employees

This item was deferred to the meeting of February 22, 2016 during the
In-Camera Meeting, held February 8, 2016.

 

 

 

11.3.

In-Camera Agenda Item 2.3

Financial Management Services, Property Management

Property Matter - Disposition, Realty File No. 15-96

 

Moved By:  Councillor Elliott

Seconded By:  Councillor Kushner

That Council does now reconvene from the In-Camera session; and

That Council direct staff to proceed as discussed regarding a property license agreement with Trillium Railway Co. Ltd. with respect to accommodating a six (6) inch water pipe and pedestrian crossing at mile 4.32 on the Grantham Spur for the benefit of the St. Catharines Municipal Golf Course; and

That the City Solicitor be directed to prepare the necessary documents and by-laws. FORTHWITH

Yeas: Councillors Bellows, Britton, Elliott, Garcia, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, and Mayor Sendzik

Nays:

Carried

12.

Motion to Ratify Forthwith Recommendations

Moved By:  Councillor Phillips

Seconded By:  Councillor Siscoe

That Council adopt those items approved FORTHWITH by the General Committee on Monday, February 8, 2016.

Carried

13.

By-laws

 

13.1.

Reading of By-laws

 

Moved By:  Councillor Kushner

Seconded By:  Councillor Elliott

That the following by-laws be read a first time, considered and passed; and

That they be signed and executed by the Mayor and the City Clerk

By-law No. 2016-15 A By-law to authorize a Servicing Agreement with Brock View Rentals Inc. and Brock View Properties Inc. (One reading – with respect to installation of a new local watermain along Oscar Avenue from Jacobson Avenue to Village Road. Delegation By-law No. 2004-277, as amended.) File No: 68.81.5

By-law No. 2016-16 A By-law to authorize a Servicing Agreement with 1473941 Ontario Limited. (One reading – with respect to replacing the existing local watermain with a new watermain on Tanner Circle, north from Lakeshore Road. Delegation By-law No. 2004-277, as amended.) File No: 68.81.5

By-law No. 2016-17 A By-law to authorize an Agreement with Her Majesty the Queen in right of Ontario as represented by the Minister of Economic Development, Employment and Infrastructure. (One reading – with respect to delivery of Summer Company Program by the City of St. Catharines’ Small Business Enterprise Centre. Delegation By-law No. 2004-277, as amended.) File No: 68.45.10

By-Law No. 2016-18 A By law to authorize an Amending Agreement No. 1 with Her Majesty the Queen in right of the Province of Ontario as represented by the Minister of Economic Development, Employment and Infrastructure. (One reading – with respect to extending the term of the Starter Company Program administered by the St. Catharines Enterprise Centre. Delegation By-law No. 2004-277, as amended.) File No. 68.45.10

By-Law No. 2016-19 A By-law to amend By-law No. 89-304 entitled “A By law to designate private roadways as fire routes along which no parking of vehicles is permitted.” (One reading – with respect to a fire route at 60 Canterbury Drive. Delegation By-law 2004-277, as amended.) File No. 68.13.1

By-Law No. 2016-20 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 No.10.10.99

By-Law No. 2016-21 A By-law to authorize an Agreement to Extend the Guarantee of a Line of Credit for The Niagara Symphony Association. (One reading – with respect to The Niagara Symphony Association’s operating line of credit. General Committee Agenda, Item No. 3.3, February 8, 2016.) File No. 68.45.99, 10.57.11

By-Law No. 2016-22 A By law to authorize an Agreement to Extend the Guarantee of a Line of Credit for the Niagara Grape and Wine Festival. (One reading – with respect to the Niagara Grape and Wine Festival operating line of credit. General Committee Agenda, Item No. 3.1, February 8, 2016.) File No.68.45.99, 10.57.11

By-Law No. 2016-23 A By-law to authorize an Agreement with Niagara Grape and Wine Festival. (One reading – with respect to funding for the 2016, 2017 and 2018 Grape and Wine Festivals. General Committee Agenda, Item No. 3.1, February 8, 2016.) File No. 35.60.20

By-Law No. 2016-24 A By-law to amend By-law No. 89-2000 entitled “A By-law regulating traffic and parking on City Roads.” (One reading – with respect to installation of parking prohibitions at various locations. General Committee Agenda, Item No. 4.2, February 8, 2016.) File No. 77.34.1

By-Law No. 2016-25 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 the 8th day of February, 2016. (One reading – with respect to ratification and adoption of City Council Minutes of February 8, 2016, General Committee Minutes of February 8, 2016, and Special Council Minutes of February 1, 2016.)

Carried

 

 

13.2.

Reading of Additional By-laws

 

Moved By:  Councillor Stevens

Seconded By:  Councillor Kushner

That the following additional by-law be read a first time, considered and passed; and

That it be signed and executed by the Mayor and the City Clerk.

By-Law No. 2016-26 A By-law to authorize a License Agreement with Trillium Railway Co. Ltd. (One reading – with respect to accommodating a six (6) inch water pipe and pedestrian crossing at mile 4.32 on the Grantham Spur for the benefit of the St. Catharines Municipal Golf Course. Council Agenda, Item 11.3, February 8, 2016.) File No. 16.19.99

Carried

 

14.

Agencies, Boards, Committee Reports

 

14.1.

Minutes to Receive:

         Arts and Culture Advisory Committee, January 5, 2016

         St. Catharines Heritage Advisory Committee, January 14, 2016

 

Moved By:  Councillor Kushner

Seconded By:  Councillor Elliott

That Council receive and file the minutes of the Advisory Committees of Council, as presented.

Carried

 

15.

Adjournment

Moved By:  Councillor Garcia

Seconded By:  Councillor Bellows

There being no further items of business, this meeting was adjourned at 9:37 p.m.

Carried

 

 

Certified Correct:      Confirmed by:

City Clerk

Mayor