The Corporation of the City of St. Catharines

REGULAR COUNCIL MINUTES

Monday, May 16, 2016

Mayor Sendzik, along with Councillor Harris, presented a certificate to Karen Natho, Managing Director, in celebration of Brock Niagara Penguins' 10 year anniversary. The Penguins is a non-profit group offering a sporting program for athletes with physical disabilities.

At the request of the Mayor, this presentation was heard prior to the start of discussion of the General Committee item (see General Committee Minutes, May 16, 2016, Item 3.2).

Council held a public meeting respecting proposed amendments to the Official Plan (Garden City Plan) and Zoning By-law 2013-283 to permit stand-alone commercial use at 98 Welland 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 to or in support of the proposal.

The Mayor invited the applicant or agent to come forward. Tom Richardson of Sullivan Mahoney LLP came forward on behalf of the owners and provided the following comments:

•         client agrees with the recommendation outlined in the report regarding the Official Plan amendment, Zoning By-law amendment and waiving the fee for the Official Plan amendment application

•         client does not agree with the recommendation outlined in the report to deny the applicant's request to waive the application fee for the zoning by-law amendment application

•         request Council waive the fee for the zoning by-law amendment application and direct staff to refund the owner

•         due to circumstances regarding the timeline when the inquiries were initially made to the time the business was opened, the new zoning by-law came into effect which changed the permitted use for the property

•         client requested rezoning to commercial from residential but are prepared to accept staff's recommendation of zoning the property residential zoning with commercial uses

•         client anticipated that, after Council passed the comprehensive zoning by-law, staff would have undertaken a cleanup by-law to address circumstances such as this issue

Mr. Richardson answered Council's questions.

The Mayor asked the Director of Planning and Building Services if he had any summary comments. The Director advised a housekeeping by-law would be coming to Council on May 30, 2016, for cleanup purposes. Mr. Riddell answered Council's questions.

City Council reconvened.

Moved By:  Councillor Elliott

Seconded By:  Councillor Siscoe

A.  Official Plan Amendment (File 60.30.327)

That Council approve an amendment to the Garden City Plan for the lands described as Part Lot 551 CP 2, City of St. Catharines, municipally known as 98 Welland Avenue, as follows:

a)     That Part E, Section 15.6.1 be amended by adding the following special policy:

(e)Notwithstanding Part D, Section 11.3 a), for the lands located at 98 Welland Avenue, that small scale commercial be permitted with or without residential uses on the same lot.

B.  Zoning By-law Amendment (File 60.35.1013)

That Council not approve the application as proposed to amend Zoning By-law 2013-283 for the lands described as Part Lot 551 CP 2, City of St. Catharines, municipally known as 98 Welland Avenue, but rather be modified as per staff’s recommendation, as follows:

a)     That Section 13.1 ‘List of Special Provisions’ be amended by adding an additional special provision, as follows:

That the City Solicitor be directed to prepare the necessary by-laws; and

That the Mayor and City Clerk be authorized to execute the necessary By-law to give effect to Council’s decision; 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

Further, that the Clerk be directed to make all necessary notifications. FORTHWITH

C.  Fee Refund

That Council waive the application fee for an official plan amendment application for the lands described as Part Lot 551 CP 2, City of St. Catharines, municipally known as 98 Welland Avenue; and

That Council approve the applicant’s request to waive the application fee for a zoning by-law amendment application for the lands described as Part Lot 551 CP 2, City of St. Catharines, municipally known as 98 Welland Avenue; and

That Council waive the fees for the building permit required to bring the property into conformity. FORTHWITH

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

Nays:

Carried

Moved By:  Councillor Elliott

Seconded By:  Councillor Siscoe

That Council close the public meeting respecting proposed amendments to the Official Plan (Garden City Plan) and Zoning By-law 2013-283 to permit stand-alone commercial use at 98 Welland Avenue.

Carried

The Mayor advised that the public meeting was closed and that 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.

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

At the request of the Mayor, the order of the items was changed for this evening.

•         Mayor Sendzik requested the addition of an item to the In-Camera Agenda regarding a personal matter about an identifiable individual, including municipal or local board employees

•         Councillor Williamson requested the addition of a delegation, Hank Beekhuis, President, Port Dalhousie Conservancy Inc., to speak to General Committee Agenda Item 3.2, Enhancements to Lakeside Park - Pavilion

•         Councillor Williamson requested the addition of a delegation, David Webb, to speak to General Committee Agenda Item 3.2, Enhancements to Lakeside Park - Pavilion

Moved By:  Councillor Kushner

Seconded By:  Councillor Williamson

That Council adopt the agendas for the meeting of May 16, 2016, as amended.

Carried as Amended

•         Councillor Kushner declared a Conflict of Interest (Pecuniary) to Item 4.1 of the General Committee Agenda of May 16, 2016, stating the report refers to the Humane Society and advised he is a director

Moved By:  Councillor Phillips

Seconded By:  Councillor Siscoe

That Council adopt the minutes of the Regular meeting of Council held on Monday,     May 2, 2016.

Carried

Moved By:  Councillor Phillips

Seconded By:  Councillor Siscoe

That Council adopt the minutes of the General Committee meeting held on Monday, May 2, 2016; and

That Item 5, Report Requests and Directions for Staff, of the General Committee Minutes of May 2, 2016, be amended to include a report request by Councillor Britton directing staff to look into what lands can be pre-approved for different zoning.

Carried as Amended

Matt Brunette and Tikvah Mindorff of the Niagara Sustainability Initiative (NSI) addressed Council regarding the Compact of Mayor's; NSI's program, the Carbon Project; and how the NSI can help the City achieve their sustainability goals. They made two recommendations to Council to ensure the City is able to fulfill the expectations of the Compact: (1) using existing staff, appoint an internal staff-lead committee and work with NSI to achieve an action plan which will help NSI meet their December reporting deadline; and (2) in the action plan, prepare to look at staffing assistance for which NSI can assist with a joint funding application for a grant of up to $15,000 through the EYC Internship Program.

Moved By:  Councillor Haywood

Seconded By:  Councillor Elliott

That Council receive and refer the presentation by Matt Brunette and Tikvah Mindorff of the Niagara Sustainability Initiative (NSI) regarding the Compact of Mayor's Program, to General Committee for consideration later this evening (see General Committee Agenda, May 16, 2016, Item 3.1).

Motion to Refer Carried

Hank Beekhuis, President of Port Dalhousie Conservancy Inc., accompanied by Leo Versluis of Versluis Brothers Contracting, addressed Council regarding enhancements to Lakeside Park, including the pavilion, and provided Council with a handout of his presentation. Mr. Beekhuis stated the Conservancy does not agree with the staff report or the City's consultant's findings. He said the Conservancy feels that the design by Versluis Brothers fits in with Port Dalhousie's heritage and that the plan presented by the City will cost the taxpayers more money than the plan presented by Versluis Brothers. He did advise that they agree that the city needs a pavilion that is significantly improved and more usable.

Moved By:  Councillor Garcia

Seconded By:  Councillor Phillips

That Council receive and refer the presentation by Hank Beekhuis, President of Port Dalhousie Conservancy Inc., regarding enhancements to Lakeside Park, including the pavilion, to General Committee for consideration later this evening (see General Committee Agenda, May 16, 2016, Item 3.2).

Motion to Refer Carried

David Webb addressed Council regarding enhancements to Lakeside Park, including the pavilion. He stated his belief that this structure pre-dates the 1970s, and it conforms with photographs and film footage going back to the late 1920s. He asked Council to consider two historical associations of the structure: (1) this was a major recreational lakeside destination for the first half of the 20th century, and (2) Emancipation Day picnic celebrations were held at the park for many years, conceivably as early as 1924.

Moved By:  Councillor Bellows

Seconded By:  Councillor Sorrento

That Council receive and refer the presentation by David Webb regarding enhancements to Lakeside Park, including the pavilion, to General Committee for consideration later this evening (see General Committee Agenda, May 16, 2016, Item 3.2).

Motion to Refer Carried

At the meeting of May 16, 2016, Councillor Sorrento provided notice that he would put the following motion on the floor for discussion at the meeting of May 30, 2016.

 Moved By:  Councillor Sorrento

Whereas in 2017 Canada will mark the 150th anniversary of Confederation;

Whereas several organizations and community groups may be requesting an appearance before Council for funding to host a special event; 

Therefore be it resolved that Council direct all these organizations to The Canada 150 Anniversary Task Force for their review; and 

That the Committee prepare a final report including all funding recommendations to Council. FORTHWITH

At the meeting of May 16, 2016, Councillor Britton provided notice that he would put the following motion on the floor for discussion at the meeting of May 30, 2016

•         Councillor Siscoe declared a Conflict of Interest (Pecuniary) to this item, stating the matter relates to his son being one of the people removed from the program and left Council Chambers for consideration of the matter

•         Councillor Williamson declared a Conflict of Interest (Pecuniary) to the education portion of this item, stating it relates to his employer and left Council Chambers for consideration of the matter

Moved By:  Councillor Britton

WHEREAS, Autism Spectrum Disorder is now recognized as the most common neurological disorder affecting 1 in every 94 children, as well as their friends, family and community; and

WHEREAS, Applied Behaviour Analysis (ABA) is the scientific process based on objective evaluation and empirically based interventions used to achieve meaningful, generalizable and enduring behavioural change. Intensive Behavioural Intervention (IBI) is an application of the principles of ABA in an intensive setting used to affect behaviour change and improvement; and

WHEREAS, the current waiting list of children for Intensive Behaviour Intervention (IBI) is over 2,000 and more than 13,000 children await Applied Behaviour Analysis (ABA); and

WHEREAS, the Province of Ontario has announced it intends to discontinue IBI services to children over the age of four and provide a one-time payment to assist with services, thereby abandoning thousands who have been wait-listed for years; and

WHEREAS, there are two service models for affected children to be treated, 1) the Direct Service Offering (DSO) where children receive services directly from trained staff at Ontario's nine regional service providers, and 2) the Direct Funding Offering (DFO) where parents receive funding directly in order to purchase services; and

WHEREAS, the DFO model to provide services is used in Alberta, British Columbia and imminently Saskatchewan. Such a model is clinically rigorous and has been identified by the Auditor General of Ontario as being less expensive than Ontario's DSO model;

THEREFORE, be it resolved that a letter be sent to Hon. Tracy MacCharles, Minister of Children and Youth Services; Alexander Bezzina, Deputy Minister; Hon. Eric Hoskins, Minister of Health; and Hon. Kathleen Wynne, Premier of Ontario, requesting the Province to:

1. Amend its policy to one that will allow all children on the current waiting list to receive the IBI services promised them; and
2. Remove the age limit for IBI therapy and replace it with a program that provides ongoing IBI services based on need and individual development, not age; and
3. Ensure oversight by professionals and parents based on 'development progress' criteria and milestones; and
4. Adopt a Direct Funding Offering (DFO) model in lieu of the current Direct Service Offering (DSO) model.

There were none this evening.

Council recessed at 8:41 p.m. and General Committee convened. General Committee adjourned at 10:43 p.m. and City Council reconvened.

Financial Management Services, Property Management

Property Matter - Acquisition, Realty File No. 16-007

Moved By:  Councillor Siscoe

Seconded By:  Councillor Phillips

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

That Council authorize staff to proceed as directed regarding the acquisition of easements, Realty File Number 16-007; and

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

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

Nays:

Carried

Verbal Report - Personal Matter

The Mayor advised that this item was deferred to the meeting of May 30, 2016

Moved By:  Councillor Phillips

Seconded By:  Councillor Siscoe

That Council adopt those items approved FORTHWITH by the General Committee on Monday, May 16, 2016.

Carried

Moved By:  Councillor Garcia

Seconded By:  Councillor Williamson

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. 2016-122  A By-law to amend By-law No. 90-255 entitled "A By-law to appoint certain persons engaged or employed by The Corporation of the City of St. Catharines municipal law enforcement officers”. (One reading – with respect to change in personnel. Delegation By-law No. 2004-277, as amended.)  File: 10.10.99

By-law No. 2016-123  A By-law to remove certain lands from part lot control. (One reading – with respect to 1956 Third Street. Delegation By-law No. 2004-277, as amended.)  File: 60.46.394

By-law No. 2016-124  A By-law to authorize a Servicing Agreement with Merritton Mills Redevelopment Corp. (One reading – with respect to installation of a sanitary sewer under the lands leased to Trillium Railway Co. Ltd. Delegation By-law No. 2004-277, as amended.)  File: 68.81.5

By-law No. 2016-125  A By-law to authorize the acceptance of a conveyance of certain lands from Michael Mazzolino for the widening of Pelham Road and Rykert Street. (One reading – with respect to 54 Pelham Road. Delegation By-law No. 2004-277, as amended.)  File: 16.7.10

By-law No. 2016-126  A By-law to authorize an Encroachment Agreement with Michael Mazzolino. (One reading – with respect to 54 Pelham Road. Delegation By-law No. 2004-277, as amended.)  File: 16.7.2

By-law No. 2016-127  A By-law to appoint Municipal Law Enforcement Officers (Animal Control Officers). (One reading – with respect to appointment of Municipal Law Enforcement Officers pertaining to regulation and keeping of animals and in accordance with the Dog Owner’s Liability Act. General Committee, May 16, 2016, Item 4.1.)       File: 10.10.99

By-law No. 2016-128  A By-law to amend By-law No. 2004-277 entitled “A By-law to authorize delegation of certain matters to staff.” (One reading - with respect to appointment of Municipal Law Enforcement Officers (Animal Control Officers). General Committee, May 16, 2016, Item 4.1.)  File: 10.10.99

By-law No. 2016-129  A By-law to amend By-law No. 2004-277 entitled “A By-law to authorize delegation of certain matters to staff.” (One reading – with respect to authorizing Director of TES to enter into agreements for curbside patio spaces. General Committee, May 16, 2016, Item 3.6.)  File: 60.2.43

By-law No. 2016-130  A By-law to authorize an Assignment of the Agreement from Charles Campbell and Bettina Campbell to Lydia Christina Szostak and Ward Charles Campbell. (One reading – with respect to Agreement with Brickyard Developments Limited, regarding Brownfield Tax Increment Based Incentive Grant Program for Phase 1, for 17 and 21 Woodburn Avenue and 246A Queenston Street. General Committee, May 16, 2016, Item 4.3.)  File: 60.32.528

By-law No. 2016-131  A By-law to provide for adoption of an amendment to the Official Plan of St. Catharines (Garden City Plan). (One reading – with respect to 98 Welland Avenue. Council, May 16, 2016, Item 2.1.)  File: 60.30.327

By-law No. 2016-132  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 98 Welland Avenue. Council, May 16, 2016, Item 2.1.)  File: 60.35.1, 60.35.1013

By-law No. 2016-133  A By-law to confirm the proceedings of council at its meeting held on the 16st day of May, 2016. (One reading – with respect to confirming the proceedings of the meeting held on May 16, 2016.)  File: 10.12.1

Carried

Moved By:  Councillor Bellows

Seconded By:  Councillor Williamson

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

Carried

Moved By:  Councillor Britton

Seconded By:  Councillor Stevens

There being no further items of business, this meeting be adjourned at 10:45 p.m.

Carried

Certified Correct:Confirmed by:

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City ClerkMayor