The Corporation of the City of St. Catharines
REGULAR COUNCIL MINUTES
Monday, September 26, 2016
Present:
Absent: | Mayor Walter Sendzik Councillors Sandie Bellows, Mike Britton, Mark Elliott, N. Carlos Garcia, Matt Harris, David A. Haywood, Joseph Kushner, Bill Phillips, Mathew Siscoe, Sal Sorrento, and Jennifer Stevens
Bruce Williamson |
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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 Jeffery Silcox-Childs, Acting Director of Parks, Recreation & Culture Services David Wood, Director of Fire and Emergency Management Services Brian York, Manager of Economic Development and Government Relations Bonnie Nistico-Dunk, City Clerk Deanna Haine, Council and Committee Coordinator |
Mayor Sendzik took the chair and called the meeting to order in Council Chambers at 6:30 p.m.
In the spirit of truth and reconciliation, the Mayor recognized the traditional territories of the First Nations where Council meets today, the territory of the Haudenasaunee, and Anishnabeg and nearby Six Nations of the Grand River. The Mayor said, Mii’gwech (MEE-GWECH) (Thank You) |
1. | Presentations |
1.1. | Josh Knoester and Jeffrey Sotiriou, Niagara River Lions, National Basketball League of Canada Re: Presentation to City in Recognition of Inaugural Season |
Representatives of the Niagara River Lions of the National Basketball League of Canada, Josh Knoester, Corporate Partnerships & Sales, along with Richard Petko, Founder & CEO; Michael Skrtich, CFO; and Jeffrey Sotiriou, President & General Manager, provided Council with an overview of their inaugural season. The presentation included a slideshow. The River Lions presented City Council with a jersey to hang in the Meridian Centre's Sports Hall of Fame, their home arena.
2. | Public Meetings Pursuant to Planning Act |
2.1. | Planning and Building Services, Planning Services Application for Draft Plan of Condominium (Vacant Land) for Mixed-use Development, 300 Fourth Avenue; Owner: 2109075 Ontario Inc., o/a Al Heywood |
Council held a public meeting respecting an application for Draft Plan of Condominium (vacant land) for mixed-use development at 300 Fourth Avenue. Jim Riddell, Director of Planning and Building Services, provided an overview of the proposal.
The Mayor asked if anyone in attendance wished to speak in opposition or support of the proposal. No one came forward to speak.
The Mayor asked if the owner or agent wished to speak. The Agent, Al Heywood, of Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd, came forward to address Council. He stated they are in agreement with the staff recommendations and were available to answer Council's questions.
The Mayor asked if the Director had any summary comments.
The Director responded to Council's concern regarding the proposed underground parking and advised the proposal may be subject to a subsequent plan of condominium at a later time, should Building 5 convert to residential.
City Council reconvened.
Seconded By: Councillor Siscoe
That Council close the public meeting regarding an application for Draft Plan of Condominium (vacant land) for mixed-use development at 300 Fourth Avenue.
Carried
Seconded By: Councillor Elliott
That the report from the Planning and Building Services, dated August 31, 2016, concerning a draft plan of condominium approval be referred to Council for consideration at the Council meeting of October 24, 2016, after the Public Meeting scheduled for September 26, 2016. FORTHWITH
Motion to Refer Carried
The Mayor advised the public meeting was closed. Persons wishing to receive formal notice of Council’s decision following their consideration at the meeting of October 24, 2016, should submit a written request to the Office of the City Clerk.
3. | Mayor's Report |
Mayor Sendzik presented a verbal report on matters of community interest.
4. | Adoption of the Agendas |
• The City Clerk advised of an additional In-Camera item regarding personal matters about an identifiable individual, including municipal or local board employees
• Councillor Kushner requested Council Item 9.1 be referred to General Committee Item 3.1
• The Mayor advised that, following Council Item 7.1, Council will resolve into General Committee for the consideration of all related items, being Council Item 9.1 and Item 3.1; followed immediately by General Committee Item 3.2
Seconded By: Councillor Sorrento
That Council adopt the agendas for the meeting of September 26, 2016, as amended.
Carried as Amended
5. | Declarations of Interest |
The following declared Conflicts of Interest (Pecuniary) to Council Agenda Items 7.1 and 9.1 and General Committee Agenda Items 3.1 and 3.2, stating the matters relate to the District School Board of Niagara
• Councillor Haywood
• Councillor Siscoe (relates to his employer, the Niagara Catholic District School Board)
• Mayor Sendzik
6. | Adoption of the Minutes (Council and General Committee) |
6.1. |
Seconded By: Councillor Siscoe
That Council adopt the minutes of the Regular meeting of Council held on Monday, September 12, 2016.
Carried
6.2. |
Seconded By: Councillor Siscoe
That Council adopt the minutes of the General Committee meeting held on Monday, September 12, 2016.
Carried
6.3. | Budget Standing Committee Minutes, June 20, 2016, and August 29, 2016 |
Seconded By: Councillor Siscoe
That Council adopt the minutes of the Budget Standing Committee meetings held on June 20, 2016, and August 29, 2016. FORTHWITH
Carried
7. | Delegations |
7.1. | Stephen Bedford and Tom Richardson, representatives of 101 South Drive Property Task Force Re: Task Force Report and Recommendations |
Councillor Haywood, Councillor Siscoe and Mayor Sendzik reiterated their Conflicts of Interest (Pecuniary) to this item and the related items. They left Council Chambers for consideration of the matter. Deputy Mayor Phillips took the Chair.
Councillor Kushner requested an extension of the time limit for the delegation to 10 minutes. By a show of hands, Council concurred.
Tom Richardson and Stephen Bedford, members of the task force, addressed Council to present an overview of the report and recommendations of the task force and to address the specific recommendation regarding the retention of a portion of the school property as a neighbourhood park.
Seconded By: Councillor Sorrento
That Council receive and refer the presentation by Stephen Bedford and Tom Richardson regarding the 101 South Drive Property Task Force's report and recommendations to General Committee for consideration later this evening (see General Committee, Item 3.1).
Motion to Refer Carried
Council resolved into General Committee at 7:20 p.m. for the consideration of Item 3.1 and Item 3.2. Council reconvened at 7:28 p.m.
8. | Call for Notices of Motion |
There were none.
9. | Motions |
9.1. | 101 South Drive Property - Progress Report and Recommendations |
Councillor Kushner will present the following motion:
That the Task Force Progress Report be referred to staff for review and a report back to Council; and
That Council direct staff to amend the Terms of Reference of the 101 South Drive Property Task Force to extend the term of the Task Force until such time as decisions are made on the development of the property known as 101 South Drive. FORTHWITH
During the adoption of the agendas, Council referred this item to General Committee Item 3.1 for consideration at that time.
Resolve into General Committee |
Council recessed and General Committee reconvened at 7:29 p.m. General Committee adjourned at 8:10 and City Council reconvened. Mayor Sendzik resumed the Chair.
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. 14-307 |
Seconded By: Councillor Phillips
That Council does now reconvene from the In-Camera session; and
That Council direct staff to authorize a Non-Profit Lease Agreement with First Capital (St. Catharines) Corporation with respect to Fire Prevention Week display at the Fairview Mall Shopping Centre; and
That Delegation By-law 2011-261 be amended to authorize the Fire Chief to execute this and future Fire Prevention Week agreements where there is no rental charge; and
That the City Solicitor be directed to prepare the necessary documents and by-law. FORTHWITH
Yeas:Councillors Siscoe, Sorrento, Stevens, Bellows, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, and Mayor Sendzik
Nays:
Carried
11.2. | In-Camera Agenda Item 2.2 Corporate Support Services, Human Resources Labour Relations |
Seconded By: Councillor Phillips
That Council direct staff to proceed as directed during the In-Camera session with regard to the report from Corporate Support Services respecting labour relations or employee negotiations. FORTHWITH
Yeas:Councillors Siscoe, Sorrento, Stevens, Bellows, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, and Mayor Sendzik
Nays:
Carried
11.3. | In-Camera Agenda Item 2.3 Office of the Chief Administrative Officer, CAO Verbal Report |
Seconded By: Councillor Phillips
That Council direct staff to proceed as directed during the In-Camera session with regard to the report from the CAO respecting personal matters about an identifiable individual, including municipal or local board employees. FORTHWITH
Yeas:Councillors Siscoe, Sorrento, Stevens, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, and Mayor Sendzik
Nays:Councillor Bellows
Carried
Councillor Bellows advised the City Clerk that she intended to vote yes, not no.
Moved By: Councillor Siscoe
That Council direct staff to let the record show Councillor Bellows intended on voting yes, instead of no.
Carried
11.4. | In-Camera Agenda Item 2.4 Corporate Support Services, Human Resources Appointment |
Seconded By: Councillor Phillips
That Council direct staff to proceed as directed during the In-Camera session with regard to the report from the CAO respecting personal matters about an identifiable individual, including municipal or local board employees. FORTHWITH
Yeas:Councillors Siscoe, Sorrento, Stevens, Bellows, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, and Mayor Sendzik
Nays:
Carried
12. | Motion to Ratify Forthwith Recommendations |
Seconded By: Councillor Siscoe
That Council adopt those items approved FORTHWITH by the General Committee on Monday, September 26, 2016.
Carried
13. | By-laws |
13.1. | Reading of By-laws |
Seconded By: Councillor Harris
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. 2016-241 A By-law to authorize a Release of Agreement over certain lands municipally known as 435 Pelham Road. (One reading – with respect to Release of Demolition Agreement. Delegation By-law No. 2004-277, as amended.) File: 56.49.2
By-law No. 2016-242 A By-law to authorize an Agreement with The Bank of Nova Scotia. (One reading – with respect to banking services. Delegation By-law No. 2004-277, as amended.) File: 10.57.17
By-law No. 2016-243 A By-law to deem part of a certain registered plan of subdivision not to be a registered plan of subdivision for the purposes of Section 50, subsection 3 of the Planning Act, R.S.O. 1990. (One reading – with respect to property municipally known as 21 Secord Drive. Delegation By-law No. 2004-277, as amended.) File: 60.46.5 Vol. 5
By-law No. 2016-244 A By-law to authorize an Agreement with Public Service Request Inc. (One reading – with respect to providing City Councillors with public issue reporting computing services. General Committee, September 26, 2016, Item 4.1.) File: 10.12.99
By-law No. 2016-245 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 Fire Prevention Week Non-Profit Agreements. Council, September 26, 2016, Item 11.1.) File: 68.13.99
By-law No. 2016-246 A By-law to confirm the proceedings of council at its meeting held on the 26th day of September, 2016. (One reading – with respect to confirming the proceedings of the meeting held on September 26, 2016.) File: 10.12.1
Carried
13.2. | Reading of Additional By-laws |
Seconded By: Councillor Harris
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. 2016-247 A By-law to authorize an extension of the Lease Agreement with BHC Sports Properties Inc. and to repeal By-law No. 2016-184. (One reading - with respect to dry-floor recreational activities in Haig Bowl Arena at 17 Beech Street. Council, July 11, 2016, Item No. 11.1.) File: 16.19.99
By-law No. 2016-248 A By-law to authorize a Non-Profit Lease Agreement with First Capital (St. Catharines) Corporation. (One reading – with respect to Fire Prevention Week display at the Fairview Mall Shopping Centre. To be considered by General Committee, September 26, 2016.) File: 16.19.99
Carried
14. | Agencies, Boards, Committee Reports |
Seconded By: Councillor Harris
That Council receive and file the minutes of the Advisory Committees of Council, as presented.
Carried
15. | Adjournment |
Seconded By: Councillor Britton
There being no further items of business, this meeting be adjourned at 8:16 p.m.
Carried
Certified Correct:Confirmed by:
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City ClerkMayor