The Corporation of the City of St. Catharines
REGULAR COUNCIL MINUTES
Monday, July 11, 2016
Present:
Absent: | Mayor Walter Sendzik Councillors Sandie Bellows, Mike Britton, Mark Elliott, N. Carlos Garcia, Matt Harris (left at 11:31 p.m.), Bill Phillips, Mathew Siscoe (arrived at
David A. Haywood, and Joseph Kushner |
| |
Officials Present: | Bryan Shynal, Commissioner of Operations Nicole Auty, Director of Legal and Clerks Services/City Solicitor Jim Riddell, Director of Planning and Building Services Jeanette Pillitteri, Director of Corporate Support Services Dan Dillon, Director of Transportation and Environmental Services Phil Cristi, Acting Director of Parks, Recreation and Culture Services Larry Jones, Deputy Fire Chief, Fire and Emergency Management Services John Sim, Manager of Accounting and Payroll, Financial Management Services Lisa Read, Acting Billing Manager, Financial Management Services Heather Salter, Deputy Solicitor/Deputy City Clerk Rebecca Alfieri, Council and Committee Coordinator |
Mayor Sendzik took the chair and called the meeting to order in Council Chambers at 6:33 p.m. |
1. | Presentations |
1.1. | Carla Nell, Vice-President, Municipal and Stakeholder Relations, Municipal Property Assessment Corporation Re: Re-assessment Information |
Nancy Huether, Regional Manager of Municipal and Stakeholder Relations, Municipal Property Assessment Corporation (MPAC), provided Council with an overview, including a slide presentation, regarding Re-Assessment Information Update. Ms. Huether, gave an overview of data collection and preparation, benefits of advanced disclosure of assessments, residential assessment notices, and changes to a review (Bill 144). Ms. Huether went over MPAC's municipal and stakeholder outreach and engagement programs, as well as market trends, and assessment changes for 2016 to 2017. Ms. Huether answered questions from Council.
Seconded By: Councillor Elliott
That Council receive the presentation by Nancy Huether, Regional Manager of Municipal and Stakeholder Relations, Municipal Property Assessment Corporation (MPAC), regarding Re-Assessment Information Update.
Carried
2. | Public Meetings Pursuant to Planning Act |
There were none this evening.
3. | Mayor's Report |
The Mayor's Report was presented prior to General Agenda Item 3.1.
The Mayor presented a verbal report on matters of community interest.
4. | Adoption of the Agendas |
• Councillor Harris requested the addition of a delegation, Lori Beech, Tom Richardson, representing Bethlehem Housing and Support Services, respecting Affordable Housing in Niagara
• Mayor Sendzik requested that the additional delegation come forward prior to Council Agenda, Item 7.3
Seconded By: Councillor Phillips
That Council adopt the agendas for the meeting of June 27, 2016, as amended.
Carried
5. | Declarations of Interest |
• Councillor Phillips declared a conflict of Interest (Pecuniary) to Council Agenda Item 8.1, a Notice of Motion that was being presented at the meeting this evening, stating the Notice of Motion relates to his son's employer, the Ministry of the Attorney General.
6. | Adoption of the Minutes (Council and General Committee) |
6.1. |
Seconded By: Councillor Williamson
That Council adopt the minutes of the Regular meeting of Council held on Monday, June 27, 2016.
Carried
6.2. |
Councillor Elliott noted Councillor Siscoe's vote against General Committee Agenda, Item 3.2, at the meeting of June 27, 2016, regarding FirstOntario Performing Arts Centre - Fundraising Update and Budget Amendment was not recorded in the minutes.
Seconded By: Councillor Williamson
That Council adopt the minutes of the General Committee meeting held on Monday, June 27, 2016
Carried as Amended
7. | Delegations |
7.1. | Greg Wight, Fundraising Campaign Chair Re: Welland Canal Fallen Workers Memorial Task Force Fundraising Campaign Update |
Greg Wight, Fundraising Campaign Chair addressed Council, including a slide presentation, regarding the Welland Canal Fallen Workers Memorial Task Force Fundraising Campaign Update. Mr. Wight gave an overview of the building of the Welland Canal, those who were lost during it's construction, fundraising campaign update, and reason for the Welland Canal Fallen Workers Memorial. There were no questions from Council. Mayor Sendzik thanked Mr. Wight, City staff, and the Task Force for their hard work on the fundraising campaign and perseverance with the Memorial.
Seconded By: Councillor Williamson
That Council receive and refer the presentation by Greg Wight, Fundraising Campaign Chair, regarding Welland Canal Fallen Workers Memorial Task Force Fundraising Campaign Update for consideration later this evening (see General Committee Agenda, July 11, 2016, Item 3.1).
Carried
7.2. | Lori Beech, Executive Director, John Lee, President of Board, Bethlehem Housing and Support Services, Tom Richardson, Sullivan Mahoney Re: Affordable Housing in Niagara |
Lori Beech, Executive Director of Bethlehem Housing and Support Services, addressed Council in order to bring awareness to the housing crisis in community and seek support of Council for affordable housing development as a municipal priority. Ms. Beech gave an overview of the waiting list statistics for affordable housing in St. Catharines, and advised that Bethlehem Place has a location in Downtown St. Catharines shovel ready to start to build an 80 unit housing facility for those in need, and thanked their private sector partners in the project. Ms. Beech answered questions from Council.
Seconded By: Councillor Elliott
That Council receive the presentation from Lori Beech, Executive Director, Bethlehem Place and Support Services; and
Whereas there is an ongoing need for safe, affordable housing in the Municipality of the City of St. Catharines; and
Whereas the Municipality of St. Catharines is a ‘compassionate’ City and understands the need for affordable housing;
Therefore be it resolved that the City of St. Catharines recognizes and identifies and designates the need for affordable housing as a Municipal priority. FORTHWITH
Yeas: Councillor Bellows, Britton, Elliott, Garcia, Harris, Phillips, Sorrento, Stevens, Williamson, and Mayor Sendzik
Nays:
Carried
7.3. | Public Meetings (Pursuant to Notice By-law No. 2007-310, as Amended) Legal and Clerks Services, Legal Services Re: By-law to Provide for Keeping and Licensing of Cats within the City of |
The Mayor advised that notice was published in accordance with Notice By-law 2007-310, as amended, regarding passing a by-law for to Provide for Keeping and Licensing of Cats within the City of St. Catharines. The Mayor advised that those who had registered with the City Clerk in advance of the public meeting would be heard first. Donna MacElwee, Joanne Hoffman, Brenda Nash, Brian Skrydstup, and Janet Campbell registered to be heard. Their comments are summarized below:
• Donna MacElwee addressed Council regarding approval of the By-law, and its benefits to the animals in regards to safety, as well as the need to address damage to property done by roaming cats.
• Joanne Hoffman, Brenda Nash, Brian Skrydstrup, and Janet Campbell addressed Council regarding not being in favour of the proposed By-law due to the concern that most people who own cats cannot afford to licence yearly, nor can many afford to spay/neuter their cats due to being on a pension or other government subsidy. The speakers felt education is better than legislation, and the City would have a difficult time enforcing the
by-law.
The Mayor then invited members of the public to come forward to be heard.
The following members of the public came forward to speak in opposition of the By-law: Angela Brown, Irene Lowell, Barbara Wynn-Jones, Giulia Forsythe, Dr. Julia Murray, Eugene Serwatiak, Don McCulloch, Joel Horner, Dr. Kimberly Costello, Barb Dvernechuk in regards to their concerns with having to licence cats, the increase in kill rate that would take place due to citizens leaving their cats due to being unable to afford the fees as many are seniors and those unable to afford fees to neuter or spay their cats, nor afford a yearly fee to own them. Only responsible pet owners will register their pets, spay and neuter them, it is hard to control or leash a cat. They wanted to know statistics from other city's that had a cat by-law and how successful it was with minimizing the feral cat issue in their cities. They requested Council to have cat organizations educate the community, as opposed to instilling a by-law.
The following member of the public came forward to speak in agreement of the By-law: Kathy Lyon addressed Council regarding her approval and need for the proposed Cat By-law to address problems related to roaming cats.
Seconded By: Councillor Elliott
That Council close the public meeting regarding the By-law to Provide for Keeping and Licensing of Cats within the City of St. Catharines report.
Carried
Seconded By: Councillor Bellows
That Council receive and refer the presentations to the General Committee Agenda, Item No. 3.2 for consideration later in the evening.
Motion to Refer Carried
Council recessed at 9:12 p.m. and reconvened at 9:27 p.m.
Suspension of the Rules
That Council suspend the rules in accordance with Procedural By-law 2015-170, article A4, Suspension of Rules, to move General Committee Agenda Item 3.2 forward for discussion at this time.
Carried
Moved By: Councillor Phillips
Seconded By: Councillor Elliott
Item 3.2 of the General Committee Agenda
That Council Receive the report regarding By-law to Provide for the keeping and Licensing of Cats within the City of St. Catharines; and
That Council request staff to communicate with Dr. Julia Murray, Dr. Kimberly Costello, Niagara Regional Animal Services (NRAS), Ontario Society for the Prevention of Cruelty to Animals (OSPCA), and community stakeholders to consider the cat issues at hand. FORTHWITH
Yeas: Councillors Bellows, Britton, Elliott, Garcia, Harris, Phillips, Siscoe, Sorrento, Stevens, Williamson, and Mayor Sendzik
Nays:
Carried
8. | Call for Notices of Motion |
Mayor Sendzik left the Chair to present the Notice of Motion, and Councillor Phillips took the chair.
Councillor Phillips did not participate in the discussion, nor vote, due to a Conflict of Interest (Pecuniary), his son's employer is the Ministry of the Attorney General's Office
8.1. | Sustainable Funding Support for Child Advocacy Centres and the Kristen French Child Advocacy Centre Niagara
|
Mayor Sendzik put forth the following Notice of Motion and requested Council suspend the rules to allow the motion to be considered this evening.
Whereas child and youth advocacy centres (CAC’s) provide support for victims of child abuse and trauma and a unique way of managing child victim needs and investigation excellence while also addressing and preventing longer-term impacts of child abuse at the outset; and
Whereas CAC’s currently receive financial support through local fundraising and federal funding; and
Whereas provincial governments across Canada, including the Province of Ontario do not provide sustainable dollars to support CAC’s resulting in a wide variance as to what resources are available for children; and
Whereas Ontario ministries sustain programs and funding for child welfare, health, police and public safety, but not CACs which provide all of these services; and
Whereas the Ontario provincial government is focused on addressing issues of poverty, homelessness and sexual assault which can be potential outcomes of untreated child abuse and trauma, and on creating new community hubs.
Whereas Alberta is the only province in Canada which currently provides sustainable funding for CAC’s including the Sheldon Kennedy Centre. Through the Children First Act, the Province of Alberta reallocated dollars from various ministries including child welfare, social services, policing and health services to provide core services to child victims through CAC’s without requiring new funding; and
Whereas CACs have been in existence for almost 30 years in the United States, and the Kristen French Child Advocacy Centre in Niagara is the oldest free standing CAC in Canada, with six more centres operating in Ontario;
Therefore Be It Resolved that St. Catharines City Council urges the Government of Ontario to direct the Ministry of the Attorney General, Ministry of Children & Youth Services, Ministry of Health, and Ministry of Corrections and Public Safety to work together to create a sustainable core funding formula for Ontario’s Child Advocacy Centres; and
That staff be directed to circulate the Council resolution to the Ministry of the Attorney General, the Ministry of Children and Youth Services, the Ministry of Health, the Ministry of Corrections and Public Safety, MPP Jim Bradley, MPP Cindy Forster, MPP Tim Hudak, Niagara Regional Council, all Niagara Region municipalities and the Association of Municipalities of Ontario.
...
Moved By: Mayor Sendzik
That Council suspend the rules in accordance with Procedural By-law 2007-311, as amended, article A4, Suspension of the Rules, to allow the motion to be put at the Regular meeting of July 11, 2016.
Carried
Council now considered the motion (see Motions, Item 9.3)
9. | Motions |
9.1. | Chief Administrative Officer Performance Evaluation Procedure |
At the meeting of June 13, 2016, this motion was deferred to the meeting of June 27, 2016; and subsequently, Councillor Harris requested that it be further deferred to the meeting of July 11, 2016:
Whereas, the Chief Administrative Officer is the sole direct report to the entire
St. Catharines City Council; and
Whereas, the Chief Administrative Officer is responsible for implementing Council’s direction and Strategic Plan;
Now Therefore be it Resolved That, St. Catharines City Council direct the Director of Corporate Support Services to develop a process, for Council’s consideration and final approval, to review the Chief Administrative Officer’s performance on an annual basis; and
That Councillors each provide confidential feedback, as desired, directly to the Director of Corporate Support Services; and
That a consolidated confidential report of this feedback be provided to City Council for review and consideration; and
That staff look at best practices to be included in the report; and
Further That, further decisions made pursuant to the Chief Administrative Officer's employment contract be made by a majority of Council. FORTHWITH
Yeas: Councillors Bellows, Britton, Elliott, Garcia, Harris, Phillips, Siscoe, Sorrento, Stevens, Williamson, and Mayor Sendzik
Nays:
Carried
St. Catharines General Hospital Site |
Councillor Stevens provided notice of the following motion at the meeting of June 27, 2016:
Seconded By: Councillor Britton
Whereas the St. Catharines General Hospital on Queenston Street ceased operations on March 24, 2013; and
Whereas since March 24, 2013 the building and premises formerly known as the St. Catharines General Hospital has remained empty; and
Whereas the grounds surrounding the site has become a weed infested, rodent infested, neglected, and derelict eyesore on a major route into the city; and
Whereas planning staff have worked diligently with the developer in an attempt to expedite the process of redevelopment with resulting promises of future action which have not occurred; and
Whereas area businesses have become frustrated and upset over the lack of action pertaining to this site; and
Whereas the Queenston Street Neighbourhood Association has repeatedly requested some visible sign of progress; and
Whereas the surrounding area of the former hospital site has deteriorated steadily since the departure of the hospital; and
Therefore Be It Resolved that an on site meeting be requested as early as possible in September of 2016, with the owners of the former St. Catharines General Hospital site with the objective of determining a definite date for both the beginning and the end of the redevelopment of this site; and
Be It Further Resolved that the on-site meeting consist of the developer, St. Catharines planning staff, both Ward Councillors, any other available City Councillor, the C.A.O., and any other applicable city staff. FORTHWITH
Councillors Bellows, Britton, Elliott, Garcia, Harris, Phillips, Siscoe, Sorrento, Stevens, Williamson, and Mayor Sendzik
Nays:
Carried
9.3. | Sustainable Funding Support for Child Advocacy Centres and the Kristen French Child Advocacy Centre Niagara |
The motion regarding Sustainable Funding Support for Child Advocacy Centres and the Kristen French Child Advocacy Centre Niagara was now put (see Notice of Motion, Item 8.1)
Whereas child and youth advocacy centres (CAC’s) provide support for victims of child abuse and trauma and a unique way of managing child victim needs and investigation excellence while also addressing and preventing longer-term impacts of child abuse at the outset; and
Whereas CAC’s currently receive financial support through local fundraising and federal funding; and
Whereas provincial governments across Canada, including the Province of Ontario do not provide sustainable dollars to support CAC’s resulting in a wide variance as to what resources are available for children; and
Whereas Ontario ministries sustain programs and funding for child welfare, health, police and public safety, but not CACs which provide all of these services; and
Whereas the Ontario provincial government is focused on addressing issues of poverty, homelessness and sexual assault which can be potential outcomes of untreated child abuse and trauma, and on creating new community hubs.
Whereas Alberta is the only province in Canada which currently provides sustainable funding for CAC’s including the Sheldon Kennedy Centre. Through the Children First Act, the Province of Alberta reallocated dollars from various ministries including child welfare, social services, policing and health services to provide core services to child victims through CAC’s without requiring new funding; and
Whereas CACs have been in existence for almost 30 years in the United States, and the Kristen French Child Advocacy Centre in Niagara is the oldest free standing CAC in Canada, with six more centres operating in Ontario;
Therefore Be It Resolved that St. Catharines City Council urges the Government of Ontario to direct the Ministry of the Attorney General, Ministry of Children & Youth Services, Ministry of Health, and Ministry of Corrections and Public Safety to work together to create a sustainable core funding formula for Ontario’s Child Advocacy Centres; and
That staff be directed to circulate the Council resolution to the Ministry of the Attorney General, the Ministry of Children and Youth Services, the Ministry of Health, the Ministry of Corrections and Public Safety, MPP Jim Bradley, MPP Cindy Forster, MPP Tim Hudak, Niagara Regional Council, all Niagara Region municipalities and the Association of Municipalities of Ontario. FORTHWITH
Yeas: Councillors Bellows, Britton, Elliott, Garcia, Harris, Siscoe, Sorrento, Stevens, Williamson, and Mayor Sendzik
Nays:
Carried
10. | Resolve into General Committee |
City Council recessed at 9:50 p.m. and General Committee convened. General Committee adjourned at 11:30 p.m. and City Council reconvened.
11. | Motion Arising from In-Camera Session |
11.1. | In-Camera Agenda Item 2.1 Financial Management Services, Property Management Property Matter - Lease, Realty File No. 14-305 |
Seconded By: Councillor Phillips
That Council does now reconvene from the In-Camera session; and
That Council authorize an extension of the Lease Agreement with ballhockey.com Inc. with respect to use and operation of dry-floor recreational activities in Haig Bowl Arena; and
That the City Solicitor be directed to prepare the necessary documents and by-law. FORTHWITH
Yeas: Councillors Bellows, Britton, Elliott, Garcia, Harris, Phillips, Siscoe, Sorrento, Stevens, Williamson, and Mayor Sendzik
Nays:
Carried
In-Camera Agenda Item 2.2 Financial Management Services, Property Management Property Matter - Lease, Realty File No. 85-02 |
Seconded By: Councillor Phillips
That Council authorize the lease of certain lands and premises to the Lions Club of Merritton (Incorporated) with respect to Merritton Centennial Arena and Merritton Community Centre; and
That the City Solicitor be directed to prepare the necessary documents and by-law. FORTHWITH
Yeas: Councillors Bellows, Britton, Elliott, Garcia, Harris, Phillips, Siscoe, Sorrento, Stevens, and Mayor Sendzik
Nays: Councillor Williamson
Carried
In-Camera Agenda Item 2.3 Verbal Report - Advice that is Subject to Solicitor-Client Privilege, including Communications Necessary for that Purpose |
Seconded By: Councillor Phillips
That Council receive the In-Camera verbal report regarding advice that is subject to solicitor-client privilege, including communications necessary for that purpose. FORTHWITH
Yeas: Councillors Bellows, Britton, Garcia, Phillips, Siscoe, Sorrento, Stevens, Williamson, and Mayor Sendzik
Nays:
Councillor Elliott left the room therefore was absent for the vote on this In-Camera item.
Carried
12. | Motion to Ratify Forthwith Recommendations |
Seconded By: Councillor Williamson
That Council adopt those items approved FORTHWITH by the General Committee on Monday, July 11, 2016.
Carried
By-laws |
13.1. | Reading of By-laws |
Moved By: Councillor Williamson
Seconded By: Councillor Bellows
That the following 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 No. 2016-174 A By-law to authorize a Renewal of Licence Agreement with Donatelli Productions Limited. (One reading - with respect to the use of a portion of the Merritton Works Yard for aggregate storage and processing. Delegation By-law No. 2004-277, as amended.) File: 19.19.99
By-law No. 2016-175 A By-law to authorize an Agreement for Application Hosting and Technology Support Services with Xerox Government Systems, LLC. (One reading - with respect to access to the Applications and modules, including FIREHOUSE Software Web Version 7. Delegation By-law No. 2004-277, as amended.) File: 68.13.99
By-law No. 2016-176 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 parking prohibition on the south side of Glory Hill Road. General Committee, July 11, 2016, Item 4.2.) File: 77.34.99
By-law No. 2016-177 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 parking prohibition on the south side of Heywood Avenue. General Committee, July 11, 2016, Item 4.3.) File: 77.34.99
By-law No. 2016-178 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 elimination of the left turn prohibitions at Queenston Street and Berryman Avenue. General Committee, July 11, 2016, Item 4.4.) File: 77.37.99
By-law No. 2016-179 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 heavy vehicle prohibition on Winnifred Avenue and Roehampton Avenue. General Committee, July 11, 2016, Item 4.5.) File: 77.37.99
By-law No. 2016-180 A By-law to confirm the proceedings of council at its meeting held on the 11th day of July, 2016. (One reading – with respect to confirming the proceedings of the meeting held on July 11, 2016.) File: 10.12.1
Carried
13.2. | Reading of Additional By-laws |
Moved By: Councillor Williamson
Seconded By: Councillor Phillips
That the following additional 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. 2016-181 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: 56.49.1
By-law No. 2016-182 A By-law to authorize an Agreement with IntegratingSolutions Inc. (One reading - with respect webcasting over the Internet and content management services. Delegation By-law 2004-277, as amended.) File: 68.41.6
By-law No. 2016-183 A By-law to authorize the lease of certain lands and premises to the Lions Club of Merritton (Incorporated). (One reading – with respect to Merritton Centennial Arena and Merritton Community Centre. Council, July 11, 2016, Item 11.2) File: 16.19.99
By-law No. 2016-184 A By-law to authorize an extension of the Lease Agreement with ballhockey.com Inc. (One reading – with respect to use and operation of dry-floor recreational activities in Haig Bowl Arena. Council, July 11, 2016, Item 11.1.)
File: 16.19.99
Carried
14. | Agencies, Boards, Committee Reports |
14.1. | Minutes to Receive: • Social Sustainability Committee, April 5, 2016, and June 7, 2016 (draft) • Canada's 150 Anniversary Task Force, June 9, 2016 • Accessibility Advisory Committee, January 27, 2016, March 23, 2016, April 27, 2016, and May 25, 2016 |
Seconded By: Councillor Britton
That Council receive and file the minutes of the Advisory Committees of Council, as presented.
Carried
15. | Adjournment |
Seconded By: Councillor Sorrento
There being no further items of business, this meeting be adjourned at 11:35 p.m.
Carried
Certified Correct:Confirmed by:
___________________________________________
City ClerkMayor