The Corporation of the City of St. Catharines
REGULAR COUNCIL MINUTES
Monday, November 07, 2016
Present: | Mayor Walter Sendzik Councillors Sandie Bellows, Mike Britton, Mark Elliott, N. Carlos Garcia, |
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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 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 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. |
1. | Presentations |
There were none.
2. | Public Meetings Pursuant to Planning Act |
There were none.
3. | Mayor's Report |
Mayor Sendzik presented a verbal report on matters of community interest.
Adoption of the Agendas |
• The City Clerk advised of an additional Verbal In-Camera item regarding advise that is subject to solicitor-client privilege, including communications necessary for that purpose; and
• A Verbal In-Camera item regarding a proposed or pending acquisition or disposition of land by the municipality or local board (Realty File 13-16)
• Councillor Bellows requested the addition of a delegation, Dr. Sammy-Kelada Sedra, regarding Council Agenda Item 9.1, Enforcement of City By-laws
Seconded By: Councillor Elliott
That Council adopt the agendas for the meeting of November 7, 2016, as amended.
Carried
5. | Declarations of Interest |
The following declared Conflicts of Interest (Pecuniary) to General Agenda Item 4.5, stating the matters relate to the District School Board of Niagara
• Councillor Siscoe (relates to his employer, the Niagara Catholic District School Board)
• Councillor Williamson
• Councillor Haywood (relates to his spouse's employer)
• Mayor Sendzik (relates to his spouse's employer)
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 24, 2016.
Carried
6.2. |
Seconded By: Councillor Siscoe
That Council adopt the minutes of the General Committee meeting held on Monday, October 24, 2016.
Carried
7. | Delegations |
7.1. | Dr. Sammy-Kelada Sedra Re: Enforcement of City By-laws |
Dr. Sammy-Kelada Sedra addressed Council regarding her experiences with by-law enforcement with regards to her property, by the City of
St. Catharines, and her support of Council Agenda Item 9.1, regarding Enforcement of City By-laws.
Moved By: Councillor Williamson
Seconded By: Councillor Elliott
That Council receive and refer the presentation by Dr. Sammy-Kelada Sedra regarding the Enforcement of City By-laws for consideration later this evening (see Council Agenda, Item 9.1).
Motion to Refer Carried
7.2. | Harald Ensslen, Macdonald Zuberec Ensslen Architects Re: Lakeside Pavilion At the request of Councillor Williamson, architect Harald Ensslen, of Macdonald Zuberec Ensslen Architects was asked to come forward during the discussion of this motion to address Council regarding timelines, and design input relative to the Lakeside Park Pavilion. Council approved the addition of the delegation by a show of hands. |
8. | Call for Notices of Motion |
There were none.
9. | Motions |
9.1. | Enforcement of City By-laws (Councillor Elliott provided notice of the following motion at the meeting of October 24, 2016) |
Seconded By: Councillor Stevens
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;
THEREFORE 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; and
BE IT FURTHER RESOLVED that if the complaint is not directly affected by the infraction, then the infraction would be considered to be frivolous which does not preclude a complaint by a neighbour to be considered frivolous. FORTHWITH
...
That Council Refer the motion to the next meeting of the Parking and Property Standards By-law Enforcement Review Task Force for review, to bring back to the next meeting of Council, November 21, 2016.
Councillor Elliott requested a recorded vote be taken for the referral.
Yeas: Councillors Bellows, Britton, Garcia, Harris, Haywood, Siscoe, Sorrento, and Williamson
Nays: Councillors Elliott, Kushner, Phillips, Stevens, and Mayor Sendzik
Motion to Refer Carried
9.2. | Former General Hospital Site - Queenston Street (At the request of Councillor Stevens, her motion was removed from the agenda) |
9.3. | Lakeside Pavilion (Councillor Garcia presented the following motion) |
Seconded By: Councillor Harris
WHEREAS at its May 16, 2016 meeting, Council approved the heritage permit for demolition of the historic Lakeside Pavilion to be replaced by a new build and, during the discussion, several Councillors expressed the desire to see a design for the new build that is more in keeping with the history and heritage of Port Dalhousie and the Park than the design we were shown; and
WHEREAS Six and a half months later, no new design alternatives have been presented but, at the October 27, 2016 meeting of the St. Catharines Heritage Permit Advisory Committee (SCHPAC), the architects reviewed the plans for the Park and the same pavilion design was shown;
THEREFORE BE IT RESOLVED, that staff ensure the architects develop at least two sketches/illustrations of design alternatives that are more in keeping with the history of Port Dalhousie and Lakeside Park and, that the two Ward Councillors plus: the Mayor, Deputy Mayor, Parks Recreation and Culture Services staff, and the Chair of the St. Catharines Heritage Permit Advisory Committee, promptly review all the alternatives and suggest one for approval by the SCHPAC; and
BE IT FURTHER RESOLVED that this be done expeditiously so the recommendation from the SCHPAC can be approved at the November 21, 2016 Council meeting and this does not cause any delays in construction or affect funding approvals; and
That the ward Councillors be included in the Building Design Committee. FORTHWITH
Yeas: Councillors Garcia, Harris, Haywood, Phillips, Williamson, Bellows, and Britton
Nays: Councillors Elliott, Kushner, Siscoe, Sorrento, Stevens, and Mayor Sendzik
Carried
9.4. | Port Dalhousie Business Association Board of Management – Filling of Vacancies (Councillor Garcia presented the following motion) |
Mayor Sendzik left the Chair, and Deputy Mayor Phillips took the chair.
Mayor Sendzik left the room, therefore was absent for the vote on this motion.
Moved By: Councillor Garcia
Seconded By: Councillor Harris
WHEREAS the Port Dalhousie Business Association Board of Management has recently received the resignation of Jeff Mackie and Dave Prentice; and
WHEREAS the Board requests that City Council fill two vacancies; and
WHEREAS the Board has nominated for Council’s consideration the following two members of the Business Association to fill the vacancies for the balance of the term of the Board: Rozie Stodulski and Gregory Darte,
THEREFORE BE RESOLVED that Council approve Rozie Stodulski and Gregory Darte be appointed to the Port Dalhousie Business Association Board of Management for the balance of the term of the Board. FORTHWITH
Yeas: Councillors Sorrento, Bellows, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, and Stevens
Nays:
Carried
10. | Resolve into General Committee |
City Council recessed at 7:57 p.m. and General Committee convened. General Committee adjourned at 12:05 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 - License, Realty File No. 16-025, and Supplemental Report (Realty File No. 16-025) |
Councillor Williamson left the meeting during the In-Camera Session.
Council voted on In-Camera Item 2.1 and 2.2 together
11.2. | In-Camera Agenda Item 2.2 Financial Management Services, Property Management Property Matter - License, Supplemental Report - Realty File No. 16-025 |
Seconded By: Councillor Kushner
That Council does now reconvene from the In-Camera session; and
That Council receive the supplemental report regarding an amendment to the license agreement with The Beaches at Port Inc. with respect to including an additional area for information purposes; and
That Council direct staff to proceed as discussed regarding an amendment to the license agreement with The Beaches at Port Inc. with respect to including an additional area; and
Further that the City Solicitor be directed to prepare the necessary documents and by-laws. FORTHWITH
Yeas: Councillors Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, 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 |
Seconded By: Councillor Kushner
That Council direct staff to proceed as discussed during the In-Camera session with regard to the property matter at 52 Lakeport Road as it relates to the Request for Proposal; and
That the City Solicitor be directed to prepare the necessary documents and by-laws. FORTHWITH
Yeas: Councillors Bellows, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, and Mayor Sendzik
Nays:
Carried
Council then voted on In-Camera Item 2.5
11.4. | In-Camera Agenda Item 2.4 (Additional Item) Legal and Clerks Services, City Solicitor Verbal Report - Advice that is subject to solicitor-client privilege |
Seconded By: Councillor Kushner
That Council receive information from the City Solicitor regarding a naming rights agreement. FORTHWITH
Yeas: Councillors Bellows, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, and Mayor Sendzik
Nays:
Carried
11.5. | In-Camera Agenda Item 2.4 (Additional Item 2) Verbal Report - Advice that is subject to solicitor-client privilege |
Seconded By: Councillor Bellows
Whereas Council just learned on November 7th, 2016 of a misunderstanding regarding the naming rights of the roadway Ice Dogs Way / Burke’s Way;
Therefore be it resolved that staff (and the Mayor) be directed to do whatever is necessary to finalize the agreement with the Burke’s to obtain the $1,000,000. FORTHWITH
Yeas: Councillors Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Bellows, and Mayor Sendzik
Nays:
Carried
11.6. | In-Camera Agenda Item 2.4 (Additional Item 3) Verbal Report - Advice that is subject to solicitor-client privilege |
Seconded By: Councillor Kushner
That the CAO proceed as directed by Council and commence an internal review of the breakdown of the Burke donation to the Meridian Centre, and examine other outstanding legal agreements which have not been executed by the end of the year. FORTHWITH
Yeas: Councillors Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, Stevens, Bellows, and Mayor Sendzik
Nays:
Carried
11.7. | In-Camera Agenda Item 2.5 (Additional Item) Financial Management Services, Property Management Verbal Report - Property Matter Update - Realty File No. 13-16 |
Seconded By: Councillor Kushner
That Council receive the information update regarding Realty File No. 13-16. FORTHWITH
Yeas: Councillors Elliott, Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Bellows, Britton, and Mayor Sendzik
Nays:
Carried
Council then voted on In-Camera Item 2.4
12. | Motion to Ratify Forthwith Recommendations |
Seconded By: Councillor Siscoe
That Council adopt those items approved FORTHWITH by the General Committee on Monday, November 7, 2016.
Carried
13. | By-laws |
13.1. | Reading of By-laws |
Seconded By: Councillor Haywood
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. 2016-269 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. 2016-270 A By-law to authorize a Condominium Assumption Agreement with Centennial Developments (Niagara) Inc. (One reading - with respect to the Townhouse Development at 60 Canterbury Drive. Delegation By-law No. 2004-277, as amended.) File: 60.46.416
By-law No. 2016-271 A By-law to impose certain fees charged by The Corporation of the City of St. Catharines with respect to certain administrative matters. (One reading - with respect to 2017 Schedule of Rates and Fees. General Committee, October 24, 2016, Item No. 3.1.) File: 10.57.28
By-law No. 2016-272 A By-law to appoint John Mascarin of the law firm Aird & Berlis LLP as the Integrity Commissioner for The Corporation of the City of St. Catharines. (One reading - with respect to appointment of an Integrity Commissioner. General Committee, November 7, 2016.) File: 10.28.2
By-law 2016-273 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 speed limit reduction on Third Street Louth between Hutton Street and South Service Road. General Committee, November 7, 2016.) File: 77.37.99
By-law 2016-274 A By-law to confirm the proceedings of council at its meeting held on the 7th day of November, 2016. (One reading - with respect to confirming the proceedings of the meeting held on November 7, 2016.) File: 10.12.1
Carried
13.2. | Reading of Additional By-laws |
Seconded By: Councillor Bellows
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 2016-275 A By-law to authorize a Supplemental Agreement to Lease No. 201205 00 002 with Her Majesty the Queen, represented herein by the Minister of Fisheries and Oceans Canada. (One reading - with respect to the extending the term of the lease of Port Dalhousie Harbour. Delegation By-law No. 2004-277, as amended.) File: 16.19.99
By-law 2016-276 A By-law to authorize an extension of the Sub-Lease with Dalhousie Yacht Club. (One reading - with respect to the extending the term of the lease of a portion of 74 Lighthouse Road. Delegation By-law No. 2004-277, as amended.)
File: 16.19.99
By-law 2016-277 A By-law to authorize the acceptance of a conveyance of certain lands from Fergal McDonough and Christopher Phelan for the widening of Clarendon Avenue. (One reading - with respect to condition of severance B-55/16SC for 17 Clarendon Avenue. Delegation By-law No. 2004-277, as amended.) File: 16.7.10
By-law 2016-278 A By-law to authorize an amendment to the agreement with The Beaches At Port Inc. (One reading - with respect to 6-10 Dalhousie Avenue. Council, November 7, 2016, Item 2.1, and 2.2.) File: 16.19.99
Carried
14. | Agencies, Boards, Committee Reports |
14.1. | Minutes to Receive • 101 South Drive Property Task Force, May 12, 2016, June 6, 2016, and August 29, 2016 (draft) • Recreation Master Plan Advisory Committee, August 16, 2016 • Public Art Advisory Committee, September 16, 2016 • Arts and Culture Advisory Committee, October 4, 2016 • Environmental Sustainability Committee, October 5, 2016 (draft) • Canada's 150th Anniversary Task Force, October 6, 2016 • Heritage Advisory Committee, October 13, 2016 • Economic Sustainability Committee, October 18, 2016(draft) • Social Sustainability Committee, October 20, 2016 (draft) |
Seconded By: Councillor Elliott
That Council direct staff to proceed as directed during the In-Camera session with regard to the property matter at 52 Lakeport Road as it relates to the Request for Proposal; and
That the City Solicitor be directed to prepare the necessary documents and by-laws. FORTHWITH
Carried
Adjournment |
Seconded By: Councillor Siscoe
There being no further items of business, this meeting be adjourned at 12:15 a.m.
Carried
Certified Correct:Confirmed by:
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City ClerkMayor