The Corporation of the City of St. Catharines

REGULAR COUNCIL MINUTES

Monday, December 05, 2016

Diana Morreale, Manager of Community Planning, and Ron Tripp, Commissioner Public Works, Niagara Region presented an update to Council regarding the Niagara GO Hub and Transit Stations Study. Ms. Morreale provided a review of the study process, context, site review, and the next steps. Ms. Morreale, and Mr. Tripp answered questions from Council.

Moved By:  Councillor Elliott

Seconded By: Councillor Phillips

That Council receive and refer the presentation by Diana Morreale, and Ron Tripp, regarding the Niagara GO Hub Update to General Committee for consideration later this evening. (see General Agenda, December 5, 2016, Item 3.4)

Motion to Refer Carried

Ken Noakes, Regional General Manager of SMG, presented an update to Council regarding the Meridian Centre Year in Review. Mr. Noakes provided an update on events, visitor statistics, financial performance, highlights, challenges and opportunities. Mr. Noakes answered questions from Council.

Councillor Siscoe requested to go In-Camera for the purpose of: Advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

Moved By:  Councillor Siscoe

That Council move In-Camera for advice that is subject to solicitor-client privilege regarding questions on the lease agreement between SMG and the anchor tenant of the Meridian Centre.
           Carried

Council recessed to In-Camera at 7:08 p.m. and reconvened at 7:22 p.m.

After receiving information from staff, Councillor Kushner made a request to defer the request for discussion.

Moved By:  Councillor Kushner

That a discussion of the issues between our major tenant of the Meridian Centre and the City be deferred pending a comprehensive report by staff to Council.

Motion to Defer Carried

Moved By:  Councillor Phillips

Seconded By:  Councillor Elliott

That Council receive the presentation from Ken Noakes, regarding the Meridian Centre Year in Review.
       Carried

Rick Werner of the St. Catharines Transit Commission addressed Council regarding the St. Catharines Transit 2017 Budget, including capital funding, public transit infrastructure, and the proposed crosstown transit route. Mr. Sherlock and Mr. Werner answered questions from Council.

Moved By:  Councillor Siscoe

Seconded By:  Councillor Stevens

That Council receive and refer the presentation by Dave Sherlock and Rick Werner regarding the St. Catharines Transit 2017 Budget to the Budget Standing Committee.

Motion to Refer Carried

Jack Foster, Les McDonald, and Lilita Stripnieks, addressed Council regarding the St. Catharines Library Proposed 2017 Budget, including an overview of the Library branches, collections, programs, partnerships, outreach, service and facility improvements, statistics, and budget summary. Mr. Foster and Ms. Stripnieks answered questions from Council.

Moved By:  Councillor Phillips

Seconded By:  Councillor Williamson

That Council receive and refer the presentation from Jack Foster, Les McDonald, and Lilita Stripnieks, regarding the St. Catharines Library 2017 Proposed Budget to the Budget Standing Committee.

Motion to Refer Carried

There were none.

You can view the Mayor's Report pre-recorded by following this link: Mayor's Report for December 5, 2016. You can also see the report in the Garden City Current.

•         Councillor Kushner requested that Wayne Sadlak, Eric Jones, and Chuck Shulman be additional delegations to speak to General Agenda, Item 3.5

•         Councillor Stevens requested that MPP Cindy Forster be an additional delegation to speak to Council Agenda, Item 9.1

Moved By:  Councillor Phillips

Seconded By:  Councillor Williamson

That Council adopt the agendas for the meeting of December 5, 2016, as amended.

Carried

The following declared Conflicts of Interest (Pecuniary) to General Agenda Item 4.6, stating the matters relate to the District School Board of Niagara

•         Councillor Williamson

•         Councillor Haywood (relates to his spouse's employer)

•         Mayor Sendzik (relates to his spouse's employer)

•         Councillor Siscoe (relates to his employer, the Niagara Catholic District School Board)

Moved By:  Councillor Phillips

Seconded By:  Councillor Siscoe

That Council adopt the minutes of the Regular meeting of Council held on Monday, November 21, 2016.

Carried

Moved By:  Councillor Phillips

Seconded By:  Councillor Siscoe

That Council adopt the minutes of the General Committee meeting held on Monday, November 21, 2016.

Carried

Moved By:  Councillor Phillips

Seconded By:  Councillor Siscoe

That Council adopt the minutes of the Budget Standing Committee, November 14, 2016

Carried

John G. Bullivant addressed Council regarding his concerns about the motion passed by Regional Council on Double Direct requesting the City to host an additional public meeting. Mr. Bullivant urged Council not to support the motion before them this evening. Mr. Bullivant answered questions from Council. (See General Agenda, December 5, 2016, Item 4.11, Sub-Item 5)

Moved By:  Councillor Siscoe

That Council receive and refer the presentation by John G. Bullivant regarding the Change to Composition of Regional Council - Double Direct for consideration later this evening (see General Agenda, Item 4.11, Sub-Item 5).

Motion to Refer Carried

Leo DiFabio addressed Council with his concerns regarding the proposed Interim Control By-law, and the effects it will have on the building industry. Mr. DiFabio answered questions from Council.

Moved By:  Councillor Sorrento

Seconded By:  Councillor Elliott

That Council receive and refer the presentation by Leo DiFabio regarding the Interim Control By-law to support Residential Infill and Intensification Development Review for consideration later this evening (see General Agenda, Item 3.5).

Motion to Refer Carried

Glenn Barr addressed Council stating his support of the proposed Interim Control By-law, and the reasons for his support for staff's recommendation for a review. Mr. Barr believes the City of St. Catharines needs time to review the situation. Mr. Barr answered questions from Council.

That Council receive and refer the presentation by Glenn Barr regarding the Interim Control By-law to support Residential Infill and Intensification Development Review for consideration later this evening (see General Agenda, Item 3.5).

Ken Gonyou addressed Council with his concerns on the effect on City growth, investment and the housing market regarding the proposed Interim Control By-law. Mr. Gonyou requested a revision to the by-law in regards to pre-consultation applications received, and answered questions from Council.

Moved By:  Councillor Stevens

Seconded By:  Councillor Bellows

That Council receive and refer the presentation by Ken Gonyou regarding the Interim Control By-law to support Residential Infill and Intensification Development Review for consideration later this evening (see General Agenda, Item 3.5).

Motion to Refer Carried

Council then heard from the additional delegation, Wayne Sadlak, Item 7.7

Ed Smith presented a power point presentation and addressed Council with respect to his concerns regarding the Niagara Peninsula Conservation Authority (NPCA), and the need for this organization to be audited. Mr. Smith answered questions from Council.

Moved By:  Councillor Stevens

Seconded By:  Councillor Elliott

That Council receive and refer the presentation by Ed Smith regarding the Niagara Peninsula Conservation Authority (NPCA) - Investigation for consideration later this evening (see Council Agenda, Item 9.1).

Motion to Refer Carried

Bruce Timms, Chair of the Niagara Peninsula Conservation Authority provided an overview of the NPCA's role in the Region of Niagara, and he presented information regarding their Mission Statement and Strategic Plan. Mr. Timms responded to the issue of a further audit by advising Council that the organization is audited annually by Grant Thornton. Mr. Timms responded to questions from Council.

Moved By:  Councillor Siscoe

Seconded By:  Councillor Phillips

That Council receive and refer the presentation by Bruce Timms, Chair of the Niagara Peninsula Conservation Authority regarding the Niagara Peninsula Conservation Authority (NPCA) - Investigation for consideration later this evening (see Council Agenda, Item 9.1).

Motion to Refer Carried

Council then heard from the additional delegation, MPP Cindy Forster, Item 7.10

Wayne Sadlak addressed Council stating the reasons for his support of the staff recommendation regarding the Interim Control By-law.

Moved By:  Councillor Garcia

Seconded By:  Councillor Elliott

That Council receive and refer the presentation by Wayne Sadlak regarding the Interim Control By-law to support Residential Infill and Intensification Development Review for consideration later this evening (see General Agenda, Item 3.5).

Motion to Refer Carried

Council then heard from the additional delegation, Eric Jones, Item 7.8

Eric Jones addressed Council stating the reasons for his support of the staff recommendation regarding the Interim Control By-law.

Moved By:  Council Kushner

Seconded By:  Councillor Elliott

That Council receive and refer the presentation by Eric Jones regarding the Interim Control By-law to support Residential Infill and Intensification Development Review for consideration later this evening (see General Agenda, Item 3.5).

Motion to Refer Carried

Council then heard from the additional delegation, Chuck Shulman, Item 7.9

Chuck Shulman addressed Council stating the reasons for his support of the staff recommendation regarding the Interim Control By-law.

Moved By:  Councillor Kushner

Seconded By:  Councillor Elliott

That Council receive and refer the presentation by Chuck Shulman regarding the Interim Control By-law to support Residential Infill and Intensification Development Review for consideration later this evening (see General Agenda, Item 3.5).

Motion to Refer Carried

Council then heard from Ed Smith, Item 7.5

Cindy Forster addressed Council with her concerns regarding the Niagara Peninsula Conservation Authority (NPCA), and gave her reasons for supporting the motion regarding the Niagara Peninsula Conservation Authority (NPCA) - Investigation. Ms. Forster answered questions from Council.

Moved By:  Councillor Siscoe

Seconded By:  Councillor Phillips

That Council receive and refer the presentation by MPP Cindy Forster regarding the Niagara Peninsula Conservation Authority (NPCA) - Investigation for consideration later this evening (see Council Agenda, Item 9.1).

Motion to Refer Carried

The Mayor called for a five minute recess. Council recessed at 10:14 p.m. and reconvened at 10:22 p.m., continuing with Item 9.1.

There were none.

Moved By:  Councillor Williamson

Seconded By:  Councillor Kushner

WHEREAS the Niagara Peninsula Conservation Authority(NPCA), a Provincial agency operating in the Regions of Niagara and Haldimand County and the City of Hamilton, is funded largely by the Region of Niagara; and

WHEREAS the City of St. Catharines is the single largest local tier municipal contributor of public funds to the Region of Niagara and, therefore, the largest contributor to the NPCA's funding;

WHEREAS, serious questions have been raised about the financial and human resource management of the NPCA; and

WHEREAS, serious questions have been raised about the functioning of the NPCA in upholding its duty to fulfill the legislative mandate, as set out for it in Section 20 of The Conservation Authorities Act, “to establish and undertake programs designed to balance the conservation, restoration, development and management of natural resources.”; and

WHEREAS, Niagara MPPs and citizens have called for a forensic audit of the NPCA's business practices; and

WHEREAS the people of the City of St. Catharines, the Region of Niagara and the Province of Ontario deserve openness and accountability as to how their tax dollars are being spent and how effectively our natural environment is being protected;

THEREFORE BE IT RESOLVED, Council requests a letter be sent to Premier Kathleen Wynne and Kathryn McGarry, Minister of Natural Resources and Forestry, with copies distributed to all Niagara MPPs, the Niagara Region, local tier municipalities in Niagara, Haldimand County and the City of Hamilton, urging the Province to immediately initiate an appropriately thorough investigation and forensic audit of the Niagara Peninsula Conservation Authority. FORTHWITH
          ...

Moved By:  Councillor Garcia

Seconded By:  Councillor Harris

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

Carried

Councillor Siscoe requested to go In-Camera for the purpose of: Advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

Moved By:  Councillor Siscoe

That Council move In-Camera for advice that is subject to solicitor-client privilege regarding the Niagara Peninsula Conservation Authority (NPCA).
             Carried

General Committee recessed to In-Camera at 10:25 p.m. and reconvened at 10:30 p.m.

Moved By:  Councillor Siscoe

That Council receive the verbal information that was provided by staff. FORTHWITH

Carried

Council then voted on the motion.

WHEREAS the Niagara Peninsula Conservation Authority(NPCA), a Provincial agency operating in the Regions of Niagara and Haldimand County and the City of Hamilton, is funded largely by the Region of Niagara; and

WHEREAS the City of St. Catharines is the single largest local tier municipal contributor of public funds to the Region of Niagara and, therefore, the largest contributor to the NPCA's funding;

WHEREAS, serious questions have been raised about the financial and human resource management of the NPCA; and

WHEREAS, serious questions have been raised about the functioning of the NPCA in upholding its duty to fulfill the legislative mandate, as set out for it in Section 20 of The Conservation Authorities Act, “to establish and undertake programs designed to balance the conservation, restoration, development and management of natural resources.”; and

WHEREAS, Niagara MPPs and citizens have called for a forensic audit of the NPCA's business practices; and

WHEREAS the people of the City of St. Catharines, the Region of Niagara and the Province of Ontario deserve openness and accountability as to how their tax dollars are being spent and how effectively our natural environment is being protected;

THEREFORE BE IT RESOLVED, Council requests a letter be sent to Premier Kathleen Wynne and Kathryn McGarry, Minister of Natural Resources and Forestry, with copies distributed to all Niagara MPPs, the Niagara Region, local tier municipalities in Niagara, Haldimand County and the City of Hamilton, urging the Province to immediately initiate an appropriately thorough investigation and forensic audit of the Niagara Peninsula Conservation Authority. FORTHWITH

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

Nays:               Carried

WHEREAS the Mayor held a community forum for older adults on Wednesday, November 30, and an expressed concern raised by the participants was the high cost of hydro in Ontario and the ability for seniors to remain in their homes in St. Catharines; and

WHEREAS, Niagara Regional Housing’s (NRH) Waiting List is presently upwards of 5000 households, representing over 10,000 people; and

WHEREAS, NRH’s 2013-2016 Strategic Plan is intended to demonstrate the organization’s commitment to the Plan’s vision and to Regional Council's focus on Niagara as a "healthy community, that supports a safe, healthy, diverse, culturally rich community where people of all ages and incomes enjoy a high quality of life."; and

WHEREAS, between 2011 and 2031 seniors 65 years and older will represent 60 per cent of the population growth in Niagara; and

WHEREAS, the target populations that the Province requires the final Regional Housing and Homelessness Action Plan to include for specific consideration within the community in order to ensure the plan is reflective of their unique housing needs includes the demographic of Niagara’s Seniors; and

WHEREAS, Niagara Regional Housing has stated in public literature that the “majority of the community” to be housed in the new building at 527 Carlton Street will be “those with the greatest wait for housing on the Centralized Waiting List – single, non-seniors.”;

THEREFORE BE IT RESOLVED, that City Council request that NRH expand its consideration of those to be housed at 527 Carlton Street in order to include St. Catharines senior population; and

THEREFORE BE IT FURTHER RESOLVED, that the Clerk make the necessary notifications. FORTHWITH

Moved By:  Councillor Britton

That Council defer the motion regarding 527 Carlton Street to the next meeting in order to allow for ample time for discussion.

Motion to Defer Carried

City Council recessed at 10:35 p.m. and General Committee convened. General Committee adjourned at 11:44 p.m. and City Council reconvened.

Councillors Harris and Siscoe left the meeting, therefore were not present for the vote.

Moved By:  Councillor Williamson

Seconded By:  Councillor Kushner

That Council does now reconvene from the In-Camera session; and

That Council receive the verbal report from staff. FORTHWITH

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

Nays:
          Carried

Moved By:  Councillor Williamson

Seconded By:  Councillor Stevens

That Council authorize a Licence Agreement with Ausmosis Enterprises Inc. with respect to operation of the Lakeside Park Concession for the 2017 summer season; and

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

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

Nays:
            Carried

Moved By:  Councillor Phillips

Seconded By:  Councillor Britton

That Council adopt those items approved FORTHWITH by the General Committee on Monday, December 5, 2016.
           Carried

Moved By:  Councillor Kushner

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. 2016-294 A By-law to authorize a Release of Easement over certain lands on Registered Plan 30R-6951, municipally known as 354 Glendale Avenue. (One reading - with respect to sanitary sewer easement over lands municipally known as 327 Glendale Avenue. Delegation By-law 2004-277, as amended.) File: 16.19.99

By-law No. 2016-295 A By-law to amend By-law No. 2016-127 entitled “A By-law to appoint Municipal Law Enforcement Officers (Animal Control Officers).” (One reading - with respect to change in personnel. Delegation By-law No. 2004-277, as amended.) File: 10.10.99

By-law No. 2016-296 A By-law to authorize the acceptance of a conveyance of certain lands from The Regional Municipality of Niagara and to repeal By-law No. 2016-225. (One reading - with respect to lands abutting Morningstar Mill property at 2704 Decew Road. Delegation By-law No. 2004-277, as amended.) File: 68.31.181

By-law No. 2016-297 A By-law to authorize the acceptance of a conveyance of certain lands from Bruno Bartel, Paul Bartel and Richard Bartel for the widening of Leeper Street. (One reading - with respect to condition of severance B-61/16SC for 53 Leeper Street. Delegation By-law No. 2004-277, as amended.) File: 16.7.10

By-law No. 2016-298 A By-law to authorize a Licence Extension Agreement with Aldo Nava, operating as Niagara Fishing Adventures. (One reading - with respect to extending the term of the licence for docking space in Port Dalhousie Harbour. Delegation By-law 2004-277, as amended.) File: 16.19.99

By-law No. 2016-299 A By-law to authorize a Sub-Lease Extension Agreement with
St. Catharines Game & Fish Association. (One reading - with respect to extending the term of the Lease for operating a recreational facility at 61 Lighthouse Road. Delegation By-law 2004-277, as amended.) File: 16.19.99

By-law No. 2016-300 A By-law to authorize a Licence Extension Agreement with
St. Catharines Game & Fish Association. (One reading - with respect to extending the term of the Licence for the purposes of pen stocking Chinook salmon smolts in Port Dalhousie Harbour. Delegation By-law 2004-277, as amended.) File: 16.19.99

By-law No. 2016-301 A By-law to authorize a Sub-Lease Extension Agreement with Port Dalhousie Pier Inc. (One reading - with respect to extending the term of the
Sub-Lease for the operation of a marina and ancillary uses, including parking and boat storage at 80 Lighthouse Road. Delegation By-law 2004-277, as amended.) File: 16.19.99

By-law No. 2016-302 A By-law to authorize a Licence Extension Agreement with 1720736 Ontario Limited. (One reading - with respect to extending the term of the licence for driveway and parking purposes at 61 Lakeport Road. Delegation By-law 2004-277, as amended.) File: 60.51.104

By-law No. 2016-303 A By-law to authorize a Licence Renewal Agreement with 1837228 Ontario Limited and to repeal By-law No. 2016-238. (One reading - with respect to lands abutting 370 Ontario Street. Council, September 12, 2016, Item No. 11.4.) File: 16.19.99

By-law No. 2016-304 A By-law to authorize an Agreement with The Wayside House of St. Catharines. (One reading - with respect to sidewalk snow removal program for seniors and persons with disabilities. General Committee, December 5, 2016, Item 4.8.) File: 68.81.3

By-law No. 2016-305 A By-law to adopt an Interim Control By-law for certain lands within the City of St. Catharines. (One reading - with respect to review of residential infill and intensification development. General Committee, December 5, 2016, Item 3.5.)
File: 60.35.1

By-law No. 2016-306 A By-law to authorize a Grant Funding Agreement with Niagara Community Foundation. (Three readings - with respect to a book of stories relating to the Welland Canal Fallen Workers. General Committee, December 5, 2016, Item 4.10.) File: 35.65.92

By-law No. 2016-307 A By-law to authorize a contract with Brouwer Construction (1981) Ltd. (One reading - with respect to Lakeside Park Enhancements, under Project No. P14-134. General Committee, December 5, 2016, Item 3.6.) File: 68.31.114, 18.20.201

By-law No. 2016-308 A By-law to confirm the proceedings of council at its meeting held on the 5th day of December, 2016. (One reading - with respect to confirming the proceedings of the meeting held on December 5, 2016.) File: 10.12.1

Carried

Moved By:  Councillor Kushner

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. 2016-309 A By-law to authorize a Licence Agreement with Ausmosis Enterprises Inc. (One reading - with respect to operation of the Lakeside Park Concession for the 2017 summer season. Council, December 5, 2016.) File: 16.19.99

Carried

Moved By:  Councillor Sorrento

Seconded By:  Councillor Phillips

That Council receive and file the minutes of the Advisory Committees of Council, as presented.

Carried

Moved By:  Councillor Bellows

Seconded By:  Councillor Williamson

There being no further items of business, this meeting be adjourned at 11:50 p.m.

Carried

Certified Correct:Confirmed by:

_________________________________________________

City ClerkMayor