The Corporation of the City of St. Catharines
REGULAR COUNCIL MINUTES
Monday, February 22, 2016
Present:
Absent: | Mayor Walter Sendzik Councillors Sandie Bellows, Mike Britton, Mark Elliott, Matt Harris, David A. Haywood, Joseph Kushner, Bill Phillips, Mathew Siscoe, Sal Sorrento (arrived at 7:00 p.m.), Jennifer Stevens, and Bruce Williamson (left at 11:30 p.m.)
Councillor N. Carlos Garcia |
| |
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 Heather Salter, Deputy City Solicitor 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 |
1.1. | 2015 Athlete of the Year, Matt Vinc, and 2015 Sportsperson of the Year, Kathryn Nuyten |
Mayor Sendzik, on behalf of the Members of Council, offered congratulations to Matt Vinc, Athlete of the Year and to Kathryn Nuyten, Sportsperson of the Year. Patrick Little, St. Catharines Athlete and Sportsperson Committee, Rob Mawhood, St. Catharines Standard, Peter Partridge, Lincoln Fabrics, Jim Bradley, MPP, and Zach Dadson representing MP Chris Bittle, also offered their congratulations.
1.2. | Recognition to Heritage Advocates: • Justin Nicholls (for his idea of commemorating / marking the last remaining air raid siren in the city); and • Valerie Dittrick, Scott Govan, Michelle O'Rourke, and Fabby Soza, 2015 Grade 12 photography students at Holy Cross Catholic Secondary School (recipients of the "NextGen Award" from Architectural Conservancy of Ontario and whose Old Niagara / Young Lenses photo exhibit was featured at the museum) |
Mayor Sendzik called upon called upon Gail Benjafield from the Heritage Advisory Committee, who provided an explanation of Justin Nicholls project. Mayor Sendzik, on behalf of Members of Council offered congratulations and presented the award to Mr. Nicholls.
Mayor Sendzik called upon Catherine Chin Yet, teacher at Holy Cross Catholic Secondary School, to provide a brief background on the students and projects that were being recognized by Council. Mayor Sendzik then called upon Robin MacPherson from the Heritage Advisory Committee to assist with congratulating and presenting students Scott Govan, and Michelle O'Rourke, with their awards on behalf of City Council.
1.3. | Staff Presentation Phil Cristi, Manager of Programs and Cultural Services; Parks, Recreation and Culture Services Re: Outdoor Aquatic Facilities Strategy (see General Committee Agenda, February 22, 2016, Item 3.6) |
Phil Cristi, Manager of Programs and Cultural Services addressed Council regarding the Outdoor Aquatic Facilities Strategy. Mr. Cristi gave an overview of the Aquatic Facilities program. He advised Council of the next steps as it relates to the pool closures and the plans for future splash pads in the City. Mr. Cristi responded to questions from Council.
Seconded By: Councillor Bellows
That Council receive the presentation by Phil Cristi, Manager of Programs and Cultural Services, City of St. Catharines regarding the Outdoor Aquatic Facilities Strategy, and refer it to General Committee Item No. 3.6 for consideration later in the evening.
Carried
1.4. | Staff Presentation Christine Adams, Manager of Engineering and Construction, Transportation and Environmental Services Re: Proposed 2016 Construction Programs (see General Committee Agenda, February 22, 2016, Item 3.8) |
Christine Adams, Manager of Engineering and Construction, Transportation and Environmental Services addressed Council regarding the Proposed 2016 Construction Program. Ms. Adams gave an overview on how the program is funded, individual program costs for construction and development in areas of roads, bridges, sewers, watermains, buildings and City owned facilities. Ms. Adams responded to questions from Council.
Seconded By: Councillor Phillips
That Council receive the presentation by Christine Adams, Manager of Engineering and Construction, City of St. Catharines regarding the Proposed 2016 Construction Programs, and refer it to General Committee Item No. 3.8 for consideration later in the evening.
Carried
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.
4. | Adoption of the Agendas |
The City Clerk amended the evenings Council Agenda:
• Councillor Sorrento requested an additional delegation to speak to Item No. 3.2 on the General Agenda.
• Item No. 3.8, on the General Agenda, correction to tables on pages 20 and 21 and has been distributed to Council for consideration of this item. The General Agenda will be republished to include the revised report following tonight's meeting.
Seconded By: Councillor Elliott
That Council adopt the agendas for the meeting of February 22, 2016, as amended.
Carried
Declarations of Interest |
• Mayor Sendzik, and Councillors Siscoe, and Haywood declared a Conflict of Interest (Pecuniary) to any items relating to the District School Board of Niagara.
• Councillor Kushner declared a Conflict of Interest (Pecuniary) to General Committee Agenda Item No. 3.3, as he is a member of the board.
• Councillor Siscoe declared a Conflict of Interest (Pecuniary) to Council Agenda Item No.7.2, and General Agenda Item No. 3.2, as his spouse is a member of the board, and Council Agenda Item No. 7.3, and General Agenda Item 3.10, due to a business conflict, and to General Agenda Item No. 3.1 as it relates to his employer.
Adoption of the Minutes (Council and General Committee) |
6.1. | Regular Meeting of Council, February 8, 2016 |
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 Meeting, February 8, 2016 |
Seconded By: Councillor Siscoe
The Council adopt the minutes of the General Committee meeting held on Monday, February 8, 2016.
Carried
6.3. | Special Meeting of Council, February 1, 2016 |
Seconded By: Councillor Siscoe
That Council adopt the minutes of the Special Meeting of Council held Monday, February 1, 2016.
Carried
7. | Delegations |
7.1. | Public Meeting (Pursuant to Notice By-law No. 2007-310, as Amended) Update to Administrative Monetary Penalty System (AMPS) to include Accessible Parking Infractions (see General Committee Agenda, February 22, 2016, Item 3.1) (Deferred by Council at the meeting of February 8, 2016) |
The Mayor advised that public notice was provided in accordance with the City's Notice By-law for the public meeting regarding an Update to Administrative Monetary Penalty System (AMPS) to include Accessible Parking Infractions.
No persons registered with the Office of the City Clerk to be heard. The Mayor then invited members of the public to speak to the matter. No one wished to speak in this regard.
The Mayor advised that the public meeting was closed and persons wishing to receive formal notice of Council's decision arising from the public meeting should submit a written request to the Office of the City Clerk.
Seconded By: Councillor Siscoe
That Council close the public meeting regarding the Administrative Monetary Penalty System (AMPS) - Update - to include Accessible Parking report and refer it to the General Agenda minutes, Item No. 3.1 for consideration later in the evening.
Motion to Refer Carried
7.2. | Jeff Burch, Executive Director, and Pam Seabrook, Fundraising and Events Manager, Niagara Folk Arts Multicultural Centre Re: Annual Update (see General Committee Agenda, February 22, 2016, Item 3.2) |
Councillor Siscoe left the meeting during the presentation due to a Conflict of Interest (Pecuniary), as his wife is on the Board.
Jeff Burch, Executive Director, and Pam Seabrook, Fundraising and Events Manager, Niagara Folk Arts Multicultural Centre addressed Council regarding the Festival's Annual Update. Mr. Burch gave an overview of the programs, priorities, and fundraising initiatives of the Niagara Folk Arts Multicultural Centre. Ms. Seabrook, gave an overview of the Niagara Folk Arts Festival's schedule of events, partnerships, community opportunities, and funding. Mr. Burch and Ms. Seabrook availed themselves to questions of Council.
Seconded By: Councillor Phillips
That Council receive the presentation by Jeff Burch, Executive Director, and Pam Seabrook, Fundraising and Events Manager, Niagara Folk Arts Multicultural Centre regarding the Annual Update, and refer it to General Committee Item No. 3.2 for consideration later in the evening.
Motion to Refer Carried
7.3. | Leo Di Fabio Re: Community Improvement Plan - Evaluation of New Applications and Municipal Budget Implications, as relates to 19 Beard Place (see General Committee Agenda, February 22, 2016, Item 3.10) |
Councillor Siscoe remained out of the room as he declared a business conflict regarding this development.
Leo Di Fabio addressed Council regarding the Community Improvement Plan (CIP) - Evaluation of New Applications and Municipal Budget Implications, as relates to 19 Beard Place. Mr. Di Fabio gave an overview of the development at 19 Beard Place, and requested Council to reconsider his application to receive the CIP Funding for this development.
Seconded By: Councillor Stevens
That Council receive the presentation by Leo Di Fabio regarding the Community Improvement Plan - Evaluation of New Application and Municipal Budget Implications, as related to 19 Beard Place, and refer it to General Agenda Item No. 3.10 for consideration later in the evening.
Motion to Refer Carried
7.4. | Elizabeth Hunter, Scottish Club of St. Catharines, Lou Caesar, Jacob Bromhall, Sylvia Norwatt, Club Heidelberg Re: Niagara Folk Arts Festival |
Councillor Siscoe left the meeting during the presentation due to a Conflict of Interest (Pecuniary), as his wife is on the Board.
Elizabeth Hunter, Scottish Club of St. Catharines, Lou Caesar, Jacob Bromhall, and Sylvia Norwatt from Club Heidelberg addressed Council regarding the Niagara Folk Arts Festival.
Ms. Hunter, Messers Caesar, and Bromhall expressed their concerns to Council regarding the manner in which they felt the Niagara Folk Arts Festival administered the mandatory participation of the Clubs in a statistical survey for the Festival's grant funding. They expressed their club's dissatisfaction with having to conduct the survey on behalf of the Festival. They felt it was time consuming and took away from their ability to participate in their respective open houses. Ms. Hunter, Mr. Caesar, and Mr. Bromhall responded to questions of Council.
Seconded By: Councillor Bellows
That Council receive the presentation from Elizabeth Hunter, Lou Caesar, Jacob Bromhall, and Sylvia Norwatt regarding the Niagara Folk Arts Festival, and refer it to General Committee Agenda Item No. 3.2 for consideration later in the evening.
Motion to Refer Carried
Seconded By: Councillor Stevens
That Council take a short recess.
Carried
Council recessed at 9:29 p.m. and reconvened at 9:39 p.m.
8. | Call for Notices of Motion |
8.1. | Old Glenrdige Community Association |
Mayor Sendzik left the Chair, and the meeting due to a Conflict of Interest (Pecuniary), as it relates to his wife's employer.
Councillor Phillips took the Chair.
Councillors Haywood, Siscoe, and Williamson declared a Conflict of Interest (Pecuniary), as the matter relates to Councillor Haywood's wife's employer, and Councillor Siscoe and Williamson, as it relates to their employer.
Councillor Kushner put forth the following Notice of Motion regarding Old Glenridge Community Association and requested Council suspend the rules to allow the motion to be considered this evening:
That Council authorize two members of senior staff to take part in a task force on the future use of Glen Ridge Public School, and that this task force be comprised of the ward Councillors, two senior staff, two members of the Old Glenridge Community Association, and two members of the District School Board of Niagara; and
That the Terms of Reference be to explore all options and report back to Council on all the possible uses of the site. FORTHWITH
...
Moved By: Councillor Kushner
Seconded By: Councillor Harris
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 February 22, 2016.
Carried
Council now heard the motion
Seconded By: Councillor Harris
That Council authorize two members of senior staff to take part in a task force on the future use of Glen Ridge School, and that this task force be comprised of the ward Councillors, two senior staff, two members of the Old Glenridge Community Association, and two members of the District School Board of Niagara; and
That staff be directed to discuss the Terms of Reference and bring back a report to Council; and
That the Terms of Reference be to explore all options and report back to Council on all the possible uses of the site. FORTHWITH
Yeas: Councillors Bellows, Britton, Elliott, Harris, Kushner, Sorrento, and Stevens
Nays:
Carried as Amended
Mayor Sendzik returned to the Chair following the vote.
8.2. | Facer Street Festival |
Councillor Britton provided Notice that he would present a motion at the meeting of March 21, 2016, regarding the Facer Street Revitalization, requesting staff to work with the Facer Street business community to provide guidance on the necessary steps to undertake the organization and planning of a street festival for this area.
9. | Motions |
9.1. | Addition to 2016 Schedule of Meetings for City Council and General Committee - March 8, 2016 |
Seconded By: Councillor Phillips
That Council direct staff to prepare and publish an agenda to add a Council and General Committee meeting to be held on March 8, 2015, in Council Chambers at 6:30 p.m. for continuation of the City’s 2016 Operating Budget, if necessary. FORTHWITH
Yeas: Councillors Bellows, Britton, Elliott, Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, and Mayor Sendzik
Nays:
Carried
10. | Resolve into General Committee |
Council recessed at 10:08 p.m. and General Committee convened. General Committee adjourned 11:34 p.m. and City Council reconvened.
11. | Motion Arising from In-Camera Session |
This Item was deferred to the meeting of February 29, 2016.
12. | Motion to Ratify Forthwith Recommendations |
Seconded By: Councillor Siscoe
That Council adopt those items approved FORTHWITH by the General Committee on Monday, February 22, 2016.
Carried
Seconded By: Councillor Phillips
That Council direct staff to prepare and publish an agenda to add a Council and General Committee meeting to be held on March 8, 2016, in Council Chambers at 6:30 p.m. for continuation of the City’s 2016 Operating Budget, if necessary. FORTHWITH
Yeas: Councilors Bellows, Britton, Elliott, Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, and Mayor Sendzik
Nays:
Carried
13. | By-laws |
13.1. | Reading of By-laws |
Seconded By: Councillor Siscoe
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 2016-27 A By-law to amend By-law No. 2014-169 entitled “A By-law to appoint a Chief Building Official and Inspectors under the Ontario Building Code Act, 1992.” (One reading – with respect to updating list of appointed Inspectors. Delegation By-law 2004-277, as amended.) File No: 56.49.1
By-law 2016-28 A By-law to amend By-law No. 2013-222 entitled “A By-law to appoint Canine Control Officers/Municipal Law Enforcement Officers.” (One reading – with respect to change in personnel. Delegation By-law 2004-277, as amended.) File No: 35.60.6
By-law 2016-29 A By-law to authorize an agreement with Associated Engineering (Ont.) Ltd. (One reading – with respect to Design and Construction Administration Services for Project No. P13-019 – Burleigh Hill / Glendale Avenue CSO Control. Delegation By-law No. 2004-277, as amended.) File No: 18.20.200
By-law 2016-30 A By-law to amend By-law No. 2014-67 entitled “A By-law to establish a System of Administrative Penalties respecting the stopping, standing or parking of vehicles in the City of St. Catharines.” (One reading – with respect to Accessible Parking in the Administrative Monetary Penalty System. General Committee Agenda Item No.3.1, February 22, 2016.) File No: 77.34.1
By-law 2016-31 A By-law to amend By-law No. 2009-41 entitled “A By-law to regulate accessible parking for persons with a disability.” (One reading – with respect to Accessible Parking in the Administrative Monetary Penalty System. General Committee Agenda Item No. 3.1, February 22, 2016.) File No: 77.34.1, 77.34.5
By-law 2016-32 A By-law to authorize an Agreement with Niagara Region Animal Services Inc. (One reading – with respect to Animal Control Services – Animal Control, Enforcement and Adoption Services. General Committee Agenda Item No. 3.3, February 22, 2016.) File No: 68.29.1, 68.29.10
By-law 2016-33 A By-law to authorize an Agreement with DocuPet Inc. (One reading – with respect to Animal Control Services – Licensing Services. General Committee Agenda Item No. 3.3, February 22, 2016.) File No. 68.29.1
By-law 2016-34 A By-law to authorize an amendment to the agreement with Hulse and English Funeral Home Inc. (One reading – with respect to annual reporting requirement for the Hulse & English Memorial Forest Fund. General Committee Agenda Item No. 4.3, February 22, 2016.) File No. 10.57.99, 68.31.192
By-law 2016-35 A By-law to authorize an Agreement with IBI Group operating as a partnership. (One reading – with respect to preparation of a Downtown Parking Study. General Committee Agenda Item No. 4.5, February 22, 2016.) File No. 77.34.10
By-law 2016-36 A By-law to authorize an Agreement with the Regional Municipality of Niagara. (One reading – with respect to use of Niagara Region’s open data catalogue to publish the City’s datasets. General Committee Agenda Item No. 4.6, February 22, 2016.) File No. 68.41.99
By-law 2016-37 A By-law to confirm the proceedings of council at its meeting held on the 22nd day of February, 2016. (One reading – with respect to ratification and adoption of City Council Minutes of February 22, 2016 and General Committee Minutes of February 22, 2016.) File No. 10.12.1
Carried
14. | Agencies, Boards, Committee Reports |
This Item was deferred to the meeting of February 29, 2016
14.1. | Minutes to Receive: • Economic Sustainability Committee (pillar), January 12, 2016 • Social Sustainability Committee (pillar), January 19, 2016 • Museum Advisory Committee, January 26, 2016 • Master Fire Planning Committee, February 11, 2016 |
15. | Adjournment |
Seconded By: Councillor Stevens
There being no further items of business, this meeting was adjourned at 11:36 p.m.
Carried
Certified Correct: Confirmed by:
City Clerk | Mayor |