The Corporation of the City of St. Catharines
REGULAR COUNCIL MINUTES
Monday, October 24, 2016
Present: | Mayor Walter Sendzik Councillors Sandie Bellows, Mike Britton, Mark Elliott, N. Carlos Garcia, Matt Harris (left at 10:14 p.m.), David A. Haywood, Joseph Kushner, Bill Phillips, Mathew Siscoe (left at 11:09 p.m.), Sal Sorrento, Jennifer Stevens, and Bruce Williamson |
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Officials Present: | Dan Carnegie, Chief Administrative Officer Shelley Chemnitz, Commissioner of Corporate Services Bryan Shynal, Commissioner of Operations Jeanette Pillitteri, Director of Corporate Support Services Brian York, Director of Economic Development and Government Relations Kristine Douglas, Director of Financial Management Services David Wood, Director of Fire and Emergency Management Services Nicole Auty, Director of Legal and Clerks Services/City Solicitor Phil Cristi, Acting Director of Parks, Recreation and Culture Services Jim Riddell, Director of Planning and Building Services Dan Dillon, Director of Transportation and Environmental Services 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.
Gary Parker, Cultural Coodinator, Fort Erie Native Friendship Centre, and Darcy Belanger, presented the City with a flag, representing the Hiawatha Wampum Belt. By a motion duly put, and a motion to suspend the rules to allow the motion to be heard this evening, Councillor Williamson moved to display the flag in Council Chambers. Council unanimously passed the motion.
(Note: The order in which the items were discussed was not the same as listed in the agenda and commenced with Item 2.1) |
Presentations |
1.1. | Dennis Kar, Dillon Consulting Re: Inter-Municipal Transit Working Group - Consultant's Update |
Dennis Kar, Dillon Consulting Inc., addressed Council to present preliminary findings of the Niagara Region Service Delivery and Governance Study. He advised that the scope of the study was to provide recommendations on the design, delivery and structure of inter-municipal transit within the Region. Mr. Kar used a slideshow for his presentation and answered Council's questions.
Seconded By: Councillor Bellows
That Council receive the presentation by Dennis Kar, for information purposes, regarding the Niagara Region Service Delivery and Governance Study respecting inter-municipal transit.
Carried
Council moved on to Item 9.2
2. | Public Meetings Pursuant to Planning Act |
2.1. | Planning and Building Services, Planning Services Application for Draft Plan of Condominium (Conversion) for 12-Unit Apartment Building, 11 Permilla Street; Owners: Leo and Nella Perossa; Agent: Fabian Perossa |
Council held a public meeting respecting an application for draft plan of condominium (conversion) for a 12-unit apartment building at 11 Permilla Street. 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. No one came forward to speak.
The Mayor asked if the Director had any summary comments. He had none. He then answered Council's questions.
City Council reconvened.
Seconded By: Councillor Kushner
That Council close the public meeting respecting an application for draft plan of condominium (conversion) for a 12-unit apartment building at 11 Permilla Street.
Carried
Seconded By: Councillor Siscoe
That Council refer the report from Planning and Building Services, dated September 26, 2016, concerning a draft plan of condominium approval for consideration at the Council meeting of November 7, 2016, after the Public Meeting scheduled for October 24, 2016. FORTHWITH
Motion to Refer Carried
The Mayor opened the next public meeting.
2.2. | Planning and Building Services, Planning Services Applications for Draft Plan of Condominium (Conversion) at 100 Woodrow Street and 80 Rockwood Avenue; Waverly Place Apartments Ltd and Squire Court Apartments Ltd, Owner; MHBC, Agent |
Council held a public meeting respecting two applications for draft plan of condominium (conversion) for 100 Woodrow Street and 80 Rockwood Avenue. Jim Riddell, Director of Planning and Building Services, provided an overview of the proposals.
The Mayor asked if anyone in attendance wished to speak in opposition or support of the proposals. No one came forward to speak.
The Mayor asked if the owners or agents wished to speak. Martin Zegray, Realstar Management, managing company for the two properties and owner's agent, came forward to speak. He advised Realstar supports and agrees with the staff reports and conditions and was available to answer Council's questions.
The Mayor asked if the Director had any summary comments. He had none. He then answered Council's questions, including the City approaching its rental unit vacancy rate threshold of 3%. Council asked where staff got their information regarding the vacancy rate in St. Catharines and questioned the number that was used in the report. Jim Riddell will investigate and respond.
City Council reconvened.
Seconded By: Councillor Phillips
That Council close the public meeting respecting the applications for draft plan of condominium (conversion) at 100 Woodrow Street and 80 Rockwood Avenue.
Carried
Moved By: Councillor Siscoe
Seconded By: Councillor Elliott
That Council refer the report from Planning and Building Services, dated September 28, 2016, concerning draft plan of condominium approvals for consideration at the Council meeting of November 7, 2016, after the Public Meeting scheduled for October 24, 2016. FORTHWITH
Motion to Refer Carried
The Mayor advised that the public meetings were closed. Persons wishing to receive formal notice of Council's decision following their consideration at the meeting of November 7, 2016, should submit a written request to the Office of the City Clerk.
Council moved on to Item 4
3. | Mayor's Report |
Mayor Sendzik presented a verbal report on matters of community interest.
Council moved on to Item 8
4. | Adoption of the Agendas |
• The City Clerk advised of an additional In-Camera item regarding labour relations or employee negotiations
Seconded By: Councillor Bellows
That Council adopt the agendas for the meeting of October 24, 2016, as amended.
Carried as Amended
5. | Declarations of Interest |
None were declared.
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, October 3, 2016.
Carried
6.2. |
Seconded By: Councillor Siscoe
That Council adopt the minutes of the General Committee meeting held on Monday, October 3, 2016.
Carried
6.3. |
Seconded By: Councillor Siscoe
That Council adopt the minutes of the Budget Standing Committee meeting held on September 19, 2016. FORTHWITH
Carried
7. | Delegations |
7.1. | Public Meetings (Pursuant to Notice By-law No. 2007-310, as Amended) 2017 Schedule of Rates and Fees Recommendations |
The Mayor advised that, at the General Committee meeting of October 3, 2016, Council approved the recommendation to set a public meeting for October 24, 2016. He advised notice was provided in accordance with the City's Notice By-law regarding the 2017 Schedule of Rates and Fees.
The Budget Standing Committee Chair, Councillor Siscoe, provided Council with some background information regarding the staff recommendation outlined in the report coming forward later in the evening.
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 Director of Financial Management Services had no final comments.
Seconded By: Councillor Phillips
That Council receive and refer the public meeting regarding the 2017 Schedule of Rates and Fees to General Committee for consideration later this evening (see General Committee minutes, October 24, 2016, Item 3.1).
Motion to Refer Carried
Moved By: Councillor Siscoe
Seconded By: Councillor Elliott
That Council close the public meeting regarding the 2017 Schedule of Rates and Fees.
Carried
7.2. | John Papakyriakou and Scott Frick, St. Lawrence Seaway Management Corporation Re: Provincial Feed-in Tariff 5.0 Program - Independent Electricity System Operator (IESO) (see Council Agenda, October 24, 2016, Item 9.1) |
John Papakyriakou and Scott Frick of the St. Lawrence Seaway Management Corporation addressed Council regarding the Seaway's request for a municipal resolution in support of the Provincial Feed-in Tariff 5.0 Program. They provided Council with an overview of the planned project, including the benefits and impact, and answered Council's questions.
That Council receive and refer the presentation regarding the Provincial Feed-in Tariff Program to Council for consideration later this evening (see Council minutes, October 24, 2016, Item 9.1).
Motion to Refer Carried
Council moved on to Item 9.1
7.3. | Frank Racioppo Re: Coordinated Review of Provincial Land Use Plans: City comments on Draft Amendments to the Greenbelt Plan, Places to Grow (Growth Plan for the Greater Golden Horseshoe) and the Niagara Escarpment Plan |
Frank Racioppo, Lawyer for RZCD Law Firm LLP, representing Kaneff Capital Properties Inc., owner of Royal Niagara Golf Club, addressed Council regarding the lands at 590 Glendale Avenue and how they relate to the City's comments on the Coordinated Review of Provincial Land Use Plans. Mr. Racioppo, through the use of a slideshow, illustrated to Council the area of concern. He asked Council to support the request for an Urban Area designation in the Niagara Escarpment Plan for 590 Glendale Avenue, subject to the Region’s Municipal Comprehensive Review process and site-specific studies to the satisfaction of the City.
Seconded By: Councillor Harris
That Council receive and refer the presentation by Frank Racioppo regarding the City's comments on the Coordinated Review of Provincial Land Use Plans, for lands at 590 Glendale Avenue, to General Committee for consideration later this evening (see General Committee minutes, October 24, 2016, Item 3.3).
Motion to Refer Carried
Council moved on to Item 3
8. | Call for Notices of Motion |
8.1. | Enforcement of City By-laws Councillor Elliott provided notice of the following motion and requested a suspension of the rules
Whereas investigations relating to the enforcement of City By-laws are largely done on a complaint basis; and
Whereas this enforcement policy relies on complaints being brought by impacted residents; and
Whereas currently complaints regarding by-law infractions are investigated by staff depending on available resources; and
Whereas from time to time complaints are made that are frivolous, vexatious and/or vindictive;
Be it resolved that the appropriate department Director be hereby delegated the authority to decline to pursue any complaint(s) that are determined to be frivolous, vexatious, vindictive, or in excess of staff resources. |
That Council suspend the rules to allow the motion to be discussed this evening.
Lost
The motion will be considered at the meeting of November 7, 2016.
Council moved on to Item 1
9. | Motions |
9.1. | Provincial Feed-in Tariff 5.0 Program - Independent Electricity System Operator (IESO) (Referred to staff by Council at the meeting of October 3, 2016) |
Seconded By: Councillor Haywood
WHEREAS the City of St. Catharines Sustainability Strategy supports renewable energy options; and
WHEREAS the Garden City Plan encourages and supports alternative and renewable energy sources developed in accordance with Provincial and Federal legislation, policies and regulations; and
WHEREAS the Provincial Feed-In Tariff (FIT) 5.0 Program encourages the construction and operation of renewable fuel generation projects; and
WHEREAS one or more projects may be constructed and operated in the City of St. Catharines; and
WHEREAS, pursuant to the FIT 5.0 Program, applications whose projects receive formal support from local municipalities will be awarded priority points;
THEREFORE BE IT RESOLVED that the City of St. Catharines support the construction and operation of renewable fuel generation projects; and
BE IT FURTHER RESOLVED that this resolution's sole purpose is to enable applicants to the FIT Program to receive priority points under the FIT Program and may not be used for any other purpose including any waiver of or exception to municipal approvals under the Building Code, Fire Code or any other approval pertinent to the application or proposal; and
BE IT FURTHER RESOLVED that this resolution shall expire twelve (12) months after its adoption by Council. FORTHWITH
Yeas:Councillors Haywood, Kushner, Phillips, Sorrento, Stevens, Williamson, Britton, Elliott, Garcia, Harris, and Mayor Sendzik
Nays:Councillors Siscoe and Bellows
Carried
Council moved on to Item 7.3
9.2. | Improvements to Penalties Issued regarding Cruelty to Animals |
Seconded By: Councillor Britton
WHEREAS on July 21, 2016, the College of Veterinarians of Ontario (CVO) issued a Discipline Order against Dr. Mahavir Rekhi, a veterinarian practicing in the City of St. Catharines; and
WHEREAS there has been substantial community concerns expressed concerning the sufficiency of the penalties imposed by CVO in light of the videotaped evidence of Dr. Rekhi’s conduct that have been released to the public; and
WHEREAS this Council expects leadership from the CVO in matters related to the prevention of cruelty to animals and the promotion of animal welfare;
THEREFORE BE IT RESOLVED that Council expresses its disappointment with the adequacy of the penalty imposed by the CVO in this matter; and
BE IT FURTHER RESOLVED that Council calls upon the CVO to cooperate fully with the inspectors of the Lincoln County Humane Society, an affiliate of the Ontario Society for the Prevention of Cruelty to Animals (OSPCA), who have authority to investigate and enforce the provisions of the OSPCA Act and other laws in force pertaining to the welfare of animals and prevention of cruelty to animals as they conduct their own investigations into this matter; and
BE IT FURTHER RESOLVED that Council calls upon the CVO to reflect upon the community response to this matter and to further consider ways in which the CVO can improve and strengthen its mission to ensure that the regulatory and disciplinary process for veterinarians better serve the public interest; and
BE IT FURTHER RESOLVED that Council directs the City Clerk to provide a copy of this resolution to Dr. Larry Caven, DVM, President of the College of Veterinarians of Ontario and to the Honourable Jeff Leal, Minister of Agriculture, Food and Rural Affairs which is the provincial ministry with responsibility for animal welfare.
Yeas:Councillors Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, Bellows, Britton, Elliott, Garcia, Harris, Haywood, and Mayor Sendzik
Nays:
Carried
10. | Resolve into General Committee |
City Council recessed at 9:00 p.m. and General Committee convened. General Committee adjourned at 11:07 p.m. and City Council reconvened.
11. | Motion Arising from In-Camera Session |
Council passed a procedural motion during the In-Camera session to extend the curfew beyond 11:00 p.m. to complete the business at hand.
11.1. | In-Camera Agenda Item 2.1 Financial Management Services, Property Management Property Matter - License, Realty File No. 16-025 |
By a show of hands, Council voted unanimously to defer the report from Financial Management Services regarding a property matter, Realty File No. 16-025, until the meeting of November 7, 2016.
11.2. | In-Camera Agenda Item 2.2 Financial Management Services, Property Management Property Matter - License, Realty File No. 16-028 |
Seconded By: Councillor Kushner
That Council does now reconvene from the In-Camera session; and
That Council direct staff to proceed as discussed regarding a license agreement with The Royal Canadian Legion H.T. Church (Ont. No. 24) Branch with respect to the location of the memorial at City Hall; and
That the City Solicitor be directed to prepare the necessary documents and by-laws. FORTHWITH
Yeas:Councillors Garcia, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, Bellows, Britton, Elliott, and Mayor Sendzik
Nays:
Carried
11.3. | In-Camera Agenda Item 2.3 Financial Management Services, Property Management Property Matter - Sale, Realty File No. 14-181 |
By a show of hands, Council voted unanimously to defer the report from Financial Management Services regarding a property matter, Realty File No. 14-181, until the meeting of November 7, 2016.
11.4. | In-Camera Agenda Item 2.4 Office of the Chief Administrative Officer Verbal Report - Labour Relations or Employee Negotiations |
Seconded By: Councillor Kushner
That Council direct staff to proceed as directed during the In-Camera session with regard to the verbal report from the CAO respecting labour relations or employee negotiations. FORTHWITH
Yeas:Councillors Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, Bellows, Britton, Elliott, Garcia, 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, October 24, 2016.
Carried
13. | By-laws |
13.1. | Reading of By-laws |
Seconded By: Councillor Britton
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. 2016-258 A By-law to amend By-law No. 2016-219 entitled “A By-law to authorize an Agreement with Ontario Power Generation.” (One reading – with respect to changes to the term of the agreement. Delegation By-law No. 2004-277, as amended.) File: 68.13.99
By-law No. 2016-259 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. 2016-260 A By-law to authorize the acceptance of a conveyance of certain lands from 1473941 Ontario Limited for the widening of Moffatt Street. (One reading – with respect to condition of Severance – 129 Moffatt Street. Delegation By-law 2004-277, as amended.) File: 16.7.10
By-law No. 2016-261 A By-law to authorize a Condominium Assumption Agreement with Grey Forest Homes Ltd. (One reading – with respect to the Townhouse Development at 65 Broadway Avenue. Delegation By-law No. 2004-277, as amended.) File: 60.46.413
By-law No. 2016-262 A By-law to authorize a Condominium Assumption Agreement with 1473941 Ontario Limited. (One reading – with respect to the Townhouse Development at 6 Tanner Circle. Delegation By-law No. 2004-277, as amended.) File: 60.46.415
By-law No. 2016-263 A By-law to authorize the acceptance of a conveyance of certain lands from Miele Drywall Services Ltd. for the widening of Grantham Avenue. (One reading– with respect to condition of Severance – 491 Carlton Street. Delegation By-law 2004-277, as amended.) File: 16.7.10
By-law No. 2016-264 A By-law to authorize a contract with Bromac Construction Inc. (One reading – with respect to West Park – New Washroom and Site Improvements, Project No. P14-137. Delegation By-law No. 2004-277, as amended.) File: 18.20.201
By-law No. 2016-265 A By-law to authorize a Grant Application with the Department of Canadian Heritage. (One reading – with respect to Canada Day Celebration in Rennie Park. Delegation By-law No. 2004-277, as amended.) File: 68.31.103
By-law No. 2016-266 A By-law to authorize the Mayor and the City Treasurer to sign cheques. (One reading – with respect to the endorsement of cheques. General Committee, May 2, 2011, Item No. 205.) File: 10.57.17
By-law No. 2016-267 A By-law to confirm the proceedings of council at its meeting held on the 24th day of October, 2016. (One reading – with respect to confirming the proceedings of the meeting held on October 24th, 2016.) File: 10.12.1
Carried
13.2. | Reading of Additional By-law(s) |
Seconded By: Councillor Britton
That the following additional by-law be read a first time, considered and passed; and
That it be signed and executed by the Mayor and the City Clerk.
By-law No. 2016-268 A By-law to authorize a Licence Agreement with The Royal Canadian Legion H.T. Church (Ont. No. 24) Branch. (One reading – with respect to location of the Adie Family Memorial near City Hall entrance. Council, October 24, 2016, Item 11.1.) File: 16.19.99
Carried
14. | Agencies, Boards, Committee Reports |
14.1. | Minutes to Receive • Town & Gown Advisory Committee, June 2, 2016 • Arts & Culture Advisory Committee, September 6, 2016 • St. Catharines Heritage Advisory Committee, September 8, 2016 • Green Advisory Committee, September 14, 2016 • St. Catharines Heritage Permit Advisory Committee, September 29, 2016 • Welland Canal Fallen Workers Memorial Task Force, October 4, 2016 (draft) |
Seconded By: Councillor Kushner
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 11:11 p.m.
Carried
Certified Correct:Confirmed by:
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City ClerkMayor