Cover Image

The Corporation of the City of St. Catharines

GENERAL COMMITTEE MINUTES

Monday, November 07, 2016

 

Present:

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, Jennifer Stevens, and Bruce Williamson (left at 11:30 p.m.)

 

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

Dan Dillon, Director of Transportation and Environmental Services

Phil Cristi, Acting Director of Parks, Recreation and Culture Services

David Wood, Director of Fire and Emergency Management Services

Brian York, Director of Economic Development & Government Relations

Steve Solski, Executive Director of FirstOntario Performing Arts Centre

Karthik Venkataraman, Senior Manager of Information Technology

Bonnie Nistico-Dunk, City Clerk

Rebecca Alfieri, Council and Committee Coordinator

 

Mayor Sendzik was in the chair and called the meeting to order in Council Chambers at 7:57 p.m.

 

 

 

1.

Call for Reports to be Brought Forward from Consent

         Item 4.5 - 101 South Drive Task Force - Revised Draft Terms of Reference (Councillor Kushner)

         Item 4.6 - Integrity Commissioner Appointment (Councillor Stevens)

         Item 4.8, Sub-Item 1 - Request to Waive Fees - Boot Camp Event, Kiwanis Field (Councillor Siscoe)

 

2.

Motion to Move Reports on Consent

Councillor Harris left the room and was not present for the vote of this item.
Mayor Sendzik was not present for the vote of this item.

Moved By:  Councillor Sorrento

That Council approve the Consent Agenda, save and except those items brought forward for discussion. FORTHWITH

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

Nays:
            Carried

 

3.

Discussion Reports

Follow this link to view General Committee Agenda reports of November 7, 2016

 

3.1.

Staff Presentation precedes discussion of report

Office of the Chief Administrative Officer, Corporate Services Commission and Operations Commission

Strategic Plan Reporting Methods and Progress Update

Councillor Bellows left the room and was not present for the discussion nor the vote of this item.
Mayor Sendzik was not present for the vote of this item.

 

Moved By:  Councillor Sorrento

That Council receive this report on the Strategic Plan progress reporting methods for information purposes; and

That Council directs staff that the intent of this report is to allow for targets, data collection, key performance indicators or initiatives to meet its goals and, therefore, the actions need to be structured with that purpose in mind starting in early 2017. FORTHWITH

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

Nays:
        Carried as Amended

 

3.2.

Transportation and Environmental Services, Engineering and Construction

P13-062 – St. Paul Street Streetscaping - Project Update

Deputy Mayor Phillips left the Chair and Mayor Sendzik resumed the chair.

 

Moved By:  Councillor Elliott

That Council direct staff to finalize the design of the St. Paul Street Streetscaping project with the elimination of on-street parking on the north side of St. Paul Street from James Street to Carlisle Street and the retention and upgrade of the traffic signals at the intersection of St. Paul Street and Carlisle Street; and

That staff look at eliminating the need for pedestrians to initiate signal crossings; and

Further that staff report back on the possibility of implementing an all way pedestrian crossings, similar to Yonge and Dundas in Toronto. FORTHWITH

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

Nays:
        Carried as Amended

 

3.3.

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

(Referred by Council following the Public Meeting, October 24, 2016, for consideration by General Committee at the meeting of November 7, 2016)

 

Moved By:  Councillor Kushner

That Council grant Draft Plan of Condominium approval for the lands described as Lot 1306 & Part Lots 1311 & 1312 CP Plan 2 Grantham Parts 2, 3 & 4, 30R-14480. St. Catharines, municipally known as 11 Permilla Street, as outlined in Appendix 1, subject to the conditions of Draft Plan of Condominium approval, as outlined in Appendix 2 of this report; 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 after notice of Council’s decision has been given, the Clerk be authorized to endorse the plan as “draft approved” on the day after the appeal period has expired, in accordance with the Planning Act, provided that no appeals have been lodged; 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

...

Moved By:  Councillor Haywood

That Council defer this item until the first meeting in January in order to receive the updated CMHC Rental Vacancy Rates for City of St. Catharines.

...

Moved By:  Councillor Siscoe

That General Committee move In-Camera for advice that is subject to solicitor-client privilege, including communications necessary for that purpose regarding the deferral motion.
         Carried

General Committee recessed to In-Camera at 8:42 p.m. and reconvened at 8:53 p.m.

Following the In-Camera Session, Council then voted on the Motion to Defer

That Council defer this item until the first Council meeting in January 2017, in order for Council to review the updated CMHC 2016 Rental Vacancy Rates for St. Catharines.

Councillor Haywood requested a recorded vote be taken.

Yeas: Councillors Haywood, Stevens, Williamson, Bellows, Garcia, and Harris

Nays: Councillors Elliott, Kushner, Phillips, Siscoe, Sorrento, and Mayor Sendzik

Motion to Defer Lost

Council then voted on the original motion

That Council grant Draft Plan of Condominium approval for the lands described as Lot 1306 & Part Lots 1311 & 1312 CP Plan 2 Grantham Parts 2, 3 & 4, 30R-14480.
St. Catharines, municipally known as 11 Permilla Street, as outlined in Appendix 1, subject to the conditions of Draft Plan of Condominium approval, as outlined in Appendix 2 of this report; 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 after notice of Council’s decision has been given, the Clerk be authorized to endorse the plan as “draft approved” on the day after the appeal period has expired, in accordance with the Planning Act, provided that no appeals have been lodged; 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

Yeas: Councillors Kushner, Phillips, Siscoe, Sorrento, Bellows, Elliott, and Mayor Sendzik

Nays: Councillors Britton, Garcia, Harris, Haywood, Stevens, and Williamson

Carried

 

3.4.

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

(Referred by Council following the Public Meeting, October 24, 2016, for consideration by General Committee at the meeting of November 7, 2016)

 

Councillors Siscoe and Williamson left the room and were not present for the discussion nor the vote of this item.

Moved By:  Councillor Elliott

100 Woodrow Street (60.46.421)

That Council grant Draft Plan of Condominium approval for the lands described as Block “B”, Registered Plan 663, St. Catharines, municipally known as 100 Woodrow Street, as outlined in Appendix 2, subject to the conditions of Draft Plan of Condominium approval, as outlined in Appendix 7 of this report; 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 after notice of Council’s decision has been given, the Clerk be authorized to endorse the plan as “draft approved” on the day after the appeal period has expired, in accordance with the Planning Act, provided that no appeals have been lodged; 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

 

80 Rockwood Avenue (60.46.422)

That Council grant Draft Plan of Condominium approval for the lands described as Part of Block “G”, Registered Plan 663, Part 2, Plan 30R-920, St. Catharines, municipally known as 80 Rockwood Avenue, as outlined in Appendix 3, subject to the conditions of Draft Plan of Condominium approval, as outlined in Appendix 8 of this report; 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 after notice of Council’s decision has been given, the Clerk be authorized to endorse the plan as “draft approved” on the day after the appeal period has expired, in accordance with the Planning Act, provided that no appeals have been lodged; 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

Yeas: Councillors Elliott, Kushner, Phillips, and Mayor Sendzik

Nays: Councillors Stevens, Bellows, Britton, Garcia, Harris, and Haywood

Lost


3.5.

Fire and Emergency Management Services, Prevention

Office of the Fire Marshal and Emergency Management Review Report –Compliance Achieved

(Deferred by General Committee, June 27, 2016, Item 4.8)

 

Councillors Siscoe, and Williamson were not present for the discussion nor the vote of this item.
Councillor Sorrento left the room and was not present for the discussion nor the vote of this item.

Moved By:  Councillor Haywood

That Council receive the report from Fire and Emergency Management Services, regarding the Office of the Fire Marshal and Emergency Management Review Report – Compliance Achieved, dated June 9, 2016, for information purposes. FORTHWITH

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

Nays:
        Carried

 

3.6.

Legal and Clerks Services, Legal Services

FirstOntario Performing Arts Centre – Update on Governance

 

Councillors Siscoe, and Williamson were not present for the discussion nor the vote of this item.

Moved By:  Councillor Elliott

That Council appoint Councillors Garcia and Elliott to liaise with staff developing the municipal service board governance model for the FirstOntario Performing Arts Centre. FORTHWITH

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

Nays:
          Carried

 

3.7.

Legal and Clerks Services, Office of the City Clerk

101 South Drive Task Force – Revised Draft Terms of Reference

The following declared a Conflict of Interest (Pecuniary) to this item and left the room for consideration of the matter:

         Councillor Haywood

         Councillor Siscoe

         Councillor Williamson

         Mayor Sendzik

 

Mayor Sendzik left the chair, and Deputy Mayor Phillips took the chair.

 

Moved By:  Councillor Kushner

That Council approve the attached Revised Draft Terms of Reference with the wording in the Terms of Reference to delete ‘severed parcel’ and replace with ‘former Glen Ridge School lands’ for the 101 South Drive Task Force. FORTHWITH

Yeas: Councillors Kushner, Phillips, Sorrento, Stevens, Bellows, Britton, Elliott, Garcia, and Harris

Nays:

Carried

 

3.8.

Legal and Clerks Services, Office of the City Clerk

Integrity Commissioner Appointment

 

Mayor Sendzik was not present for the discussion nor the vote of this item.

Moved By:  Councillor Stevens

That Council appoint Mr. John Mascarin of the law firm Aird & Berlis LLP as the Integrity Commissioner for the City of St. Catharines for the remainder of the term of Council with the option to renew for two additional four (4) year terms; and

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

...

Moved By:  Councillor Harris

That Council refer the report back to staff for more information on concerns raised by Councillors.

Motion to Refer Lost

Council now voted on the staff recommendation

That Council appoint Mr. John Mascarin of the law firm Aird & Berlis LLP as the Integrity Commissioner for the City of St. Catharines for the remainder of the term of Council with the option to renew for two additional four (4) year terms; and

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

Yeas: Councillors Britton, Elliott, Garcia, Kushner, Phillips, Siscoe, and Sorrento

Councillors Stevens, Bellows, Harris, and Haywood                   

Carried


3.9.

Legal and Clerks Services, Office of the City Clerk

Council Correspondence (Item 4.8, Sub Item 1, Re: Boot Camp Event for the Steve Ludzik Centre for Parkinson's Rehab pulled from Consent)

 

Mayor Sendzik was not present for the discussion nor vote of this item.

Moved By:  Councillor Siscoe

Sub-Item 1

Grants to Offset Fees for Use of Municipal Facilities and Services
Re: Boot Camp, June 3, 2017

That Council approve the City's fees be waived for use of the Kiwanis Field for the Boot Camp Event being held June 3, 2017 to support the Steve Ludzik Centre for Parkinson's Rehab.

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

Nays:
                    Carried

 

4.

Consent Reports

Follow this link to view General Committee Agenda reports of November 7, 2016

 

4.1.

Budget Standing Committee

Tax Policy Change - Request for Single Sub-Class Tax Rate Reduction for Industrial and Commercial Classes

 

That Council support the recommendation of the Budget Standing Committee to request the Niagara Region approve the single sub-class tax rate reduction of 30% for both Industrial and Commercial classes to be effective for 2017; and

That upon approval, this request be forwarded to the Niagara Region for its consideration. FORTHWITH

Approved on Consent

 

4.2.

Transportation and Environmental Services, Engineering and Construction

P16-082 - 2016 Concrete Base Repair Program Completion and Release of Holdback

 

That Council grant approval to release a Completion and Statutory Holdback payment in the total amount of $20,003.25 plus applicable taxes to Falcon Road Services Inc. with respect to Project No. P16-082 - 2016 Concrete Base Repair Program, after November 6, 2016, subject to no Statutory Liens having been filed and any outstanding deficiencies having been rectified to the satisfaction of the City Engineer. FORTHWITH

Approved on Consent

4.3.

Transportation and Environmental Services, Operations

City-wide Winter Storm Event Temporary On-Street Parking Prohibition

 

That Council direct staff to repeat the public education phase of “City-wide Winter Storm Event Temporary On-Street Parking Prohibition” for the 2016 - 2017 winter season; and

That staff be directed to have full implementation of the “City-wide Winter Storm Event Temporary On-Street Parking Prohibition” for the 2017 - 2018 winter season. FORTHWITH
        Approved on Consent

 

4.4.

Transportation and Environmental Services, Operations

Third Street Louth - Speed Limit Reduction

 

That Council approve a speed limit reduction from 60 km/h to 50 km/h on Third Street Louth between Hutton Street and South Service Road; and

That the City Solicitor be requested to prepare the necessary by-law. FORTHWITH

Approved on Consent

 

4.5.

Brought forward for discussion - See Item 3.7

Legal and Clerks Services, Office of the City Clerk

101 South Drive Task Force – Revised Draft Terms of Reference

 

 

4.6.

Brought forward for discussion - See Item 3.8

Legal and Clerks Services, Office of the City Clerk

Integrity Commissioner Appointment

 

 

4.7.

Legal and Clerks Services, Director

Attendance at International Municipal Lawyers Association Annual Conference

 

That Council approve a speed limit reduction from 60 km/h to 50 km/h on Third Street Louth between Hutton Street and South Service Road; and

That the City Solicitor be requested to prepare the necessary by-law. FORTHWITH

Approved on Consent

 

4.8.

Legal and Clerks Services, Office of City Clerk

Council Correspondence

Note: Sub-item 1 was brought forward for discussion - See Item 3.9

 

That Council receive and file the items listed within the report save and except Sub-item 1; and

That Council receive and file additional correspondence distributed for the meeting held October 3, 2016, which is available upon request, and includes: (1) a Memo from the Acting Director of Parks, Recreation and Community Services, regarding the Lakeside Park Pavilion – Background Information, and (2) the CMHC Rental Market Report - Fall 2015.

Approved on Consent

 

5.

Report Requests and Directions for Staff

Directions have been noted and will be provided to the appropriate members of staff.

 

5.1.

Resolution - Association of Municipalities of Ontario, Re: Closing Municipal Fiscal Gap

*Note: On October 24, 2016, Mayor Sendzik removed Council Correspondence Item 4.2, Sub-item 1, from Consent for Discussion. The item was subsequently deferred to the meeting of November 7, 2016.

 

WHEREAS recent polling, conducted on behalf of the Association of Municipalities of Ontario indicates 76% of Ontarians are concerned or somewhat concerned property taxes will not cover the cost of infrastructure while maintaining municipal services, and 90% agree maintaining safe infrastructure is an important priority for their communities; and

WHEREAS infrastructure and transit are identified by Ontarians as the biggest problems facing their municipal government; and

WHEREAS a ten-year projection (2016-2025) of municipal expenditures against inflationary property tax and user fee increases, shows there to be an unfunded average annual need of $3.6 billion to fix local infrastructure and provide for municipal operating needs; and

WHEREAS the $3.6 billion average annual need would equate to annual increases of 4.6% (including inflation) to province-wide property tax revenue for the next ten years; and

WHEREAS this gap calculation also presumes all existing and multi-year planned federal and provincial transfers to municipal governments are fulfilled; and

WHEREAS if future federal and provincial transfers are unfulfilled beyond 2015 levels, it would require annual province-wide property tax revenue increases of up to 8.35% for ten years; and

WHEREAS Ontarians already pay the highest property taxes in the country; and

WHEREAS each municipal government in Ontario faces unique issues, the fiscal health and needs are a challenge which unites all municipal governments, regardless of size;

NOW THEREFORE BE IT RESOLVED that this Council supports the Association of Municipalities of Ontario in its work to close the fiscal gap; so that all municipalities can benefit from predictable and sustainable revenue, to finance the pressing infrastructure and municipal service needs faced by all municipal governments. FORTHWITH

...

Moved By:  Councillor Sorrento

That Council refer the resolution "Closing the Municipal Fiscal Gap" to staff regarding the What's Next Ontario Initiatives.

Motion to Refer Carried

The vote was taken by show of hands.
Councillor Siscoe requested to be noted as opposed.

 

5.2.

Report Requests

 

Moved By:  Councillor Phillips

That Council direct staff to contact the two school boards regarding their possible plans of installing two artificial turf fields each and report back to Council with their investigation, including the impact this would have on the City’s Kiwanis Field (i.e. rates and fees).

Carried

Moved By:  Councillor Siscoe

That staff report back on the feasibility and details of a ‘Good Neighbour' program similar to the program run in Leduc, Alberta.

Carried

Moved By:  Councillor Haywood

That Council discuss motions/ alternative motions presented by those on Council, and whether or not the motions should be released publicly before the council meeting starts.

Carried

Moved By:  Councillor Elliott

That staff report on increasing the CMHC availability rate to ensure the availability of affordable rentable housing within the City; and

That staff provide hard numbers with regard to change during applications for conversion.

Carried

 

6.

In-Camera Session (General Committee)

Council will meet In-Camera for the following purposes:

         a proposed or pending acquisition or disposition of land by the municipality or local board, Realty File No. 16-025, and Realty File No. 14-181

         an additional item regarding advice that is subject to solicitor-client privilege, including communications necessary for that purpose

Moved By:  Councillor Phillips

That the time is now 10:30 p.m. and Council has outstanding business, Council move to go beyond the extension of curfew, to complete the business at hand. FORTHWITH

Carried

Moved By:  Councillor Phillips

That this meeting of the General Committee recess and reconvene In-Camera.

Carried

General Committee recessed to the In-Camera session at 10:32 p.m.

 

7.

Adjournment

There being no further items of business, General Committee adjourned at 12:05 a.m. and City Council reconvened.

 

 

Certified Correct:Confirmed by:

 

 

 

__________________________________________________

Council CoordinatorMayor