The Corporation of the City of St. Catharines
REGULAR COUNCIL MINUTES
Monday, March 21, 2016
Present:
Absent: | Mayor Walter Sendzik Councillors Sandie Bellows, Mike Britton, N. Carlos Garcia, Matt Harris, David A. Haywood, Joseph Kushner, Bill Phillips,
Councillor Mark Elliott |
| |
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 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 6:31 p.m. |
1. | Presentations |
1.1. | Dheiksha Jayasankar, 2015 Ontario Junior Citizen as Recognized by Ontario Community Newspapers Association (OCNA) for Outstanding Achievements |
Mayor Sendzik, on behalf of the Members of Council, offered congratulations to Dheiksha Jayasankar on her accomplishment of being awarded the 2015 Ontario Junior Citizen as recognized by Ontario Community Newspapers Association (OCNA) for outstanding achievements.
Public Meetings Pursuant to Planning Act |
2.1. | Planning and Building Services, Planning Services Re-zoning of Agricultural Lands to Facilitate Boundary Adjustment and Severance; 1539, 1559 and 1569 (New Lot) Fourth Avenue; Applicant: Stephen Bouw and Linda Bouw; Agent: Daniel & Partners (Callum Shedden) |
Council held a public meeting respecting the application for Re-zoning of Agricultural Lands to Facilitate Boundary Adjustment and Severance for 1539, 1559 and 1569 (New Lot) Fourth Avenue.
The Director of Planning and Building Services, Jim Riddell, provided the details of the proposal.
No members of the public came forward to speak in opposition or support of the proposal.
The Mayor invited the applicant or agent to come forward. One of the applicants, Stephen Bouw, and the lawyer for the applicant, Callum Shedden came forward. Mr. Shedden stated that there was an error in the report, he stated the correct lot size is 4.2 and 9.0 hectares, not .42 and .90 hectares as in the report. Mr. Shedden stated the applicants are satisfied with the staff recommendation. He availed himself to questions.
The Director of Planning and Building Services had no summary comments.
City Council reconvened
Seconded By: Councillor Phillips
That Council approve an amendment to Zoning By-law 2013-283 for the lands described as Concession 3 part of Lot 5, City of St. Catharines, municipally known as 1539, 1559 and 1569 Fourth Avenue, as follows:
a) That Schedule A, Zone Maps, be amended by changing the zoning of Area 1A, from Agriculture Only (A2) to Agriculture Only-133 (A2-133), as identified in Appendix 5 of this report;
b) That Schedule A, Zone Maps, be amended by changing the zoning of Area 2B, from Agriculture Only (A2) to Agriculture-133 (A1-133), as identified in Appendix 5 of this report;
c) That Schedule A, Zone Maps, be amended by changing the zoning of Area 3B, from Agriculture Only (A2) to Agriculture-133 (A1-133), as identified in Appendix 5 of this report;
d) That Section 13.1, List of Special Provisions, be amended by adding Special Provision 133, as follows:
Special Provision | Zone | Schedule | Location | By-law | ||
A | B | C | ||||
133 | A1 and A2 | 11, 12, 17, 18 | 31 |
| 1539, 1559, 1569 Fourth Avenue | 2016-____ |
For Area 1A on Schedule B31 the following provisions shall apply: Despite the provisions of Section 11.4, a minimum westerly side yard setback of 3.0m shall be permitted. In addition to the permitted uses of the Agriculture Only (A2) zone, an Agri-Tourism / Value Added Accessory Use with a maximum size of 464.5 square metres shall also be permitted for the display and retail sales of seasonal farm products, within the existing greenhouse. | ||||||
For Area 1B on Schedule B31 the following provisions shall apply: Despite the Conservation / Natural Areas zone, agricultural and greenhouse uses established at the date of passing of this By-law shall be permitted. | ||||||
For the combined Area 2A, 2B, 2C, and 2D the following shall apply: Despite the provisions of Section 11.3 a minimum lot frontage of 9.00 metres shall be permitted. | ||||||
For Area 3A and 3B the following shall apply: Despite the provisions of Section 11.3 a minimum lot frontage of 9.00 metres shall be permitted. | ||||||
e) That Section 15.2 Schedule B of By-law No. 2013-283 be amended to include a new Schedule B31, to reflect the proposed amendments to the zoning outlined in Appendix 5; and
That the Notice of Decision required by the Planning Act, R.S.O. 1990, c.P. 13, as amended, be processed by staff; and
That, upon expiration of the appeal period, staff be directed to forward any appeals to the Ontario Municipal Board for consideration and final decision; and
That the City Solicitor be directed to prepare the necessary by-law; and
That the Mayor and City Clerk be authorized to execute the necessary by-law to give effect to Council’s decision; and
Further, that the Clerk be directed to make all necessary notifications. FORTHWITH
Yeas: Councillors Bellows, Britton, Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, Stevens, Williamson, and Mayor Sendzik
Nays:
Carried
Councillor Sorrento was not present for the vote.
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 the City Clerk.
Mayor's Report |
Mayor Sendzik presented a verbal report on matters of community interest.
4. | Adoption of the Agendas |
The agenda was amended to include:
• Item No. 4.11 on the General Agenda, Councillor Stevens added Michael Biancaniello, owner of Redboss Pyrotechnicians Inc., as a delegation to speak to the report on Fireworks By-law - Sale and Discharge of Fireworks.
• Councillor Haywood added Bruce Allen, President of Unifor Local 199, as a delegation to speak about the Trans Pacific Partnership.
Seconded By: Councillor Bellows
That Council adopt the agendas for the meeting of March 21, 2016, as amended.
Carried
5. | Declarations of Interest |
• Councillor Siscoe declared a Conflict of Interest (Pecuniary) to General Committee Agenda Item No. 3.3, as his wife is on the board, and to General Committee Agenda Item No. 4.1 as it relates to his employer the Niagara Catholic District School Board of Niagara.
• Councillor Kushner declared a Conflict of Interest (Pecuniary) to Council Agenda Item No. 9.2, as he is a director on the board of the LCHS.
• Councillor Williamson declared a Conflict of Interest (Pecuniary) to General Committee Agenda Item No.4.1, as it relates to his employer
• Councillor Haywood, and Mayor Sendzik declared a Conflict of Interest (Pecuniary) to General Committee Agenda Item No. 4.1 as it relates to their wife's employer, the DSBN.
6. | Adoption of the Minutes (Council and General Committee) |
6.1. | Regular Meetings of Council, February 29, 2016, and March 7 & 8, 2016 |
Seconded By: Councillor Siscoe
That Council adopt the minutes of the Regular meetings of Council held on Monday, February 29, 2016, Monday, March 7, 2016, and Tuesday, March 8, 2016.
Carried
6.2. | General Committee Minutes, February 29, 2016, and March 7 & 8, 2016 |
Councillor Stevens requested to be noted as the seconder of General Committee Agenda, Item No. 3.1, at the meeting of February 29, 2016, regarding Follow-up Report - Application for Draft Plan of Subdivision Approval for Residential Development – 54 Mackenzie King Avenue.
Seconded By: Councillor Siscoe
The Council adopt the minutes of the General Committee meetings held on Monday, February 29, 2016, Monday, March 7, 2016, and Tuesday, March 8, 2016.
Carried as Amended
7. | Delegations |
7.1. | Glen Walker, Chair; Rhonda Barron, Basic Income Working Group Chair; and Irene Motz, Member, Niagara Poverty Reduction Network Re: Basic Income Guarantee |
Glen Walker, Chair; Rhonda Barron, Basic Income Working Group Chair of the Niagara Poverty Reduction Network, and Bernie Slepkov, addressed Council regarding the Basic Income Guarantee (BIG).
Mr. Walker, and Ms. Barron explained to Council the rationale for Basic Income Guarantee, basic income predominant concerns, basic income-like programs in Canada, how a basic income guarantee could be implemented, and made a request of Council to endorse the Kingston BIG resolution. Mr. Walker and Ms. Barron responded to questions of Council.
Seconded By: Councillor Kushner
That endorse the City of Kingston’s Basic Income Guarantee resolution which includes:
Endorsement of a national discussion of a Basic Income Guarantee for all Canadians; and
That, as Municipal leaders, encourage provincial and federal governments to work together to consider, investigate and develop a Basic Income Guarantee.
Yeas: Councillors Bellows, Britton, Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, and Mayor Sendzik
Nays:
Carried
7.2. | Len O'Connor, Airport Manager and Terry Flynn, Treasurer, Niagara District Airport Commission Re: Niagara District Airport 2016 Budget |
Len O'Connor, Airport Manager and Terry Flynn, Treasurer, Niagara District Airport Commission, addressed Council regarding the Niagara District Airport 2016 Budget. Mr. O'Connor, and Mr. Flynn explained to Council the proposed 2016 Capital Budget, the 2017 -2038 Capital Forecast, and the 2016 Operating Budget. Mr. O'Connor and Mr. Flynn responded to questions of Council.
Seconded By: Councillor Siscoe
That Council approve the release of the second part of the funds already approved in the City's 2016 budget to the Niagara District Airport as directed in the motion approved by Council at the meeting of March 8, 2016:
"That no funds in excess of the prior year’s funding be given to the Niagara District Airport before they present to Council regarding their 2016 Budget."
Yeas: Councillor Bellows, Britton, Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, and Mayor Sendzik
Nays:
Carried
7.3. | Perry Schlanger Re: Recently Installed Parking Restrictions on Parnell Road by Prince Phillip School |
Perry Schlanger addressed Council regarding parking restrictions on Parnell Road by Prince Phillip School. Mr. Schlanger explained to Council his concerns regarding how the no parking by-law came to be on Parnell Road, and requested Council to reconsider the parking by-law in this area.
Moved By: Councillor Phillips
That Council refer the concerns presented by Mr. Perry Schlanger back to staff in order to hold a meeting with school officials, and concerned residents in the area; and
To bring a report back to Council, which will include a transportation study.
Motion to Refer Carried
7.4. | Hank Beekhuis, President, Port Dalhousie Conservancy Proposed Demolition of Pavilion in Lakeside Park - 9 Main Street |
Hank Beekhuis, President, Port Dalhousie Conservancy addressed Council regarding the Proposed Demolition of the Pavilion in Lakeside Park - 9 Main Street. Mr. Beekhuis presented a proposed restoration of the pavilion as opposed to demolition as suggested in the report. Mr. Beekhuis responded to questions of Council.
Seconded By: Councillor Siscoe
That Council receive and refer the presentation by Hank Beekhuis, President, Port Dalhousie Conservancy regarding the Proposed Demolition of the Pavilion in Lakeside Park - 9 Main Street to General Committee Agenda, Item No. 3.2, for the consideration of General Committee later in the evening.
Motion to Refer Carried
7.5. | Michael Biancaniello, Karen Biancaniello, John Biancaniello, Redboss Pyrotechnicians Inc. Re: Fireworks By-law - Sale and Discharge of Fireworks |
Michael Biancaniello from Redboss Pyrotechnicians Inc., addressed Council regarding the Fireworks By-law - Sale and Discharge of Fireworks. Mr. Biancaniello presented Council with a background of Redboss Phyrotechnicians Inc. family run company, and safety record of the company. Mr. Biancaniello requested Council to reconsider the previously approved by-law to not allow the sale of fireworks from cube vans. Mr. Biancaniello responded to questions of Council.
Councillor Stevens requested Council to reconsider the previously decided motion regarding By-law 2016-16, being a by-law to Regulate the Sale and Setting off of Fireworks and Pyrotechnic Special Effects within the City of St. Catharines. The specific amendment being that the City of St.Catharines allow the sale of consumer fireworks from a commercial motor vehicle, more specifically a cube van with a flame retardant canopy.
Seconded By: Councillor Haywood
Council now voted on the request to reconsider the previously decided motion regarding By-law 2016-16, being a By-law to Regulate the Sale and Setting off of Fireworks and Pyrotechnic Special Effects within the City of St. Catharines, in order to allow for a public meeting to be held on April 4, 2016.
Motion to Reconsider Carried
Seconded By: Councillor Siscoe
That Council receive the presentation by Michael Biancaniello, Karen Biancaniello, John Biancaniello from, Redboss Pyrotechnicians Inc., regarding Fireworks By-law - Sale and Discharge of Fireworks report, and refer it to General Committee Agenda, Item No. 3.2 for the consideration of Council later in the evening.
Motion to Refer Carried
7.6. | Bruce Allen, President, Unifor Local 199 Re: Trans Pacific Partnership |
Bruce Allen, President, Unifor Local 199 addressed Council regarding the Trans Pacific Partnership. Mr. Allen expressed his concerns about the Trans Pacific Partnership with regards to the auto industry, and requested Council endorse the Niagara Falls City Council motion provided by
Mr. Allen which states: " that Council requests that the Trans Pacific Partnership, not be ratified, as it presently exists, because of the potential, detrimental impact on the Canadian auto industry." Mr. Allen responded to questions of Council.
Seconded By: Councillor Stevens
That Council refer the motion from the City of Niagara Falls regarding the Trans Pacific Partnership back to Council on April 4, 2016, for their consideration.
Motion to Refer Carried
8. | Call for Notices of Motion |
There were none this evening.
9. | Motions |
9.1. | Facer Street Revitalization (Councillor Britton provided Notice of Motion at the meeting of February 22, 2016)
|
Seconded By: Councillor Sorrento
That staff be directed to work with Facer Street business community to provide guidance on the necessary steps to undertake the organization and planning of street festival.
Yeas: Councillors Bellows, Britton, Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, and Mayor Sendzik
Nays:
Carried
9.2. | Appointment of Integrity Commissioner to Review Complaint of March 9, 2016 |
Councillor Kushner declared a Conflict of Interest (Pecuniary), as he is a director on the board of the LCHS, and did not participate in the vote.
Moved By: Councillor Phillips
Seconded By: Councillor Siscoe
WHEREAS the City’s Integrity Commissioner, Ms. Suzanne Craig, has resigned her appointment effective February 29, 2016; and
WHEREAS the City Clerk received a complaint on March 9, 2016, pursuant to the City’s Code of Conduct for Elected Officials regarding the conduct of a member of Council; and
WHEREAS the City Clerk, in accordance with the City’s Purchasing By-law, sought quotations for the services of an Integrity Commissioner to conduct an inquiry related to the March 9, 2016 complaint;
THEREFORE BE IT RESOLVED that Council, upon the recommendation of the City Clerk, does hereby appoint Mr. John Mascarin of the law firm Aird & Berlis LLP as the City’s Integrity Commissioner for the purposes of conducting an inquiry pursuant to s. 223.4 of the Municipal Act, 2001 into the March 9, 2016 complaint, and directs
Mr. Mascarin to report back to Council with the findings of the inquiry. FORTHWITH
Yeas: Councillors Britton, Garcia, Harris, Haywood, Phillips, Siscoe, Stevens, Williamson, and Mayor Sendzik
Nays: Councillors Bellows, and Sorrento
Carried
10. | Resolve into General Committee |
Council recessed at 9:24 p.m. and General Committee convened. General Committee adjourned at 11:06 p.m. and City Council reconvened.
Motion Arising from In-Camera Session |
This Item was deferred to the meeting of April 4, 2016.
12. | Motion to Ratify Forthwith Recommendations |
Seconded By: Councillor Williamson
That Council adopt those items approved FORTHWITH by the General Committee on Monday, March 21, 2016.
Carried
By-laws |
13.1. | Reading of By-laws |
Seconded By: Councillor Garcia
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 2016-42 A By-law to authorize a Lease with Grantham Mennonite Brethren Church. (One reading – with respect to the use of the parking lot abutting Grantham Avenue Park. Delegation By-law No. 2004-277, as amended.) File: 16.19.99
By-law 2016-43 A By-law to authorize a contract with Dynamic Industrial Services Incorporated. (One reading – with respect to 2016 Sewer Flushing and Cleaning, Project Number P16-013. Delegation By-law No. 2004-277, as amended.) File: 18.45.254
By-law 2016-44 A By-law to amend By-law No. 2015-128 entitled “A By-law to authorize a contract with Gauboc Construction Limited.” (One reading – with respect to the renewal of the Sidewalk Repairs Program for 2016 and 2017. Delegation By-law 2004-277, as amended.) File: 18.45.253
By-law 2016-45 A By-law to authorize a Subdivision Agreement with Centennial Construction and Contracting (Niagara) Inc. (One reading – with respect to 29B Vansickle Road to be known as Power Glen Estates Subdivision. Delegation By-law 2004-277, as amended.) File: 60.46.405
By-law 2016-46 A By-law to authorize a Release of Agreements over certain lands municipally known as 16 Berkley Drive. (One reading – with respect to a release of the registered Site Plan Agreements from the title of the lands. Delegation By-law No.
2004-277, as amended.) File: 60.51.027
By-law 2016-47 A By-law to amend By-law No. 2013-283, entitled “A By-law to regulate the use of land, the bulk, height, location, erection and use of buildings and structures, the provision of parking spaces and other associated matters in the City of St. Catharines.” (One reading – with respect to 1539, 1559 and 1569 Fourth Avenue. Council, March 21, 2016, Item No. 2.1.) File: 60.35.1 Vol. c, 60.30.317
By-law 2016-48 A By-law to authorize a Service Agreement with Folk Arts Council of St. Catharines. (One reading – with respect to the 2016, 2017 and 2018 Niagara Folk Arts Festivals. General Committee, March 21, 2016, Item No. 3.3.) File: 35.60.28
By-law 2016-49 A By-law to amend By-law No. 89-305 entitled “A By-law to provide for regulating, supervising and governing the parking of vehicles in various municipal parking facilities.” (One reading - with respect to addition of First Ontario Performing Arts Centre. General Committee, March 21, 2016, Item No. 4.3.) File: 77.39.1
By-law 2016-50 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 21st day of March, 2016. (One reading – with respect to ratification and adoption of City Council Minutes of March 21, 2016 and General Committee Minutes of March 21, 2016.)
File: 77.39.1
Carried
14. | Agencies, Boards, Committee Reports |
14.1. | Minutes to Receive: • Public Art Advisory Committee, December 18, 2015 and • Clean City Advisory Committee, January 19, 2016 and • Arts and Culture Advisory Committee, February 2, 2016 • St. Catharines Heritage Advisory Committee, February 11, 2016 • Master Fire Planning Committee, February 18, 2016 |
Seconded By: Councillor Stevens
That Council receive and file the minutes of the Advisory Committees of Council, as presented.
Carried
Adjournment |
Seconded By: Councillor Stevens
There being no further items of business, this meeting was adjourned at 11:08 p.m.
Carried
Certified Correct:Confirmed by:
______________________________________________
City ClerkMayor