The Corporation of the City of St. Catharines
GENERAL COMMITTEE MINUTES
Monday, December 05, 2016
Present: | Mayor Walter Sendzik Councillors Sandie Bellows, Mike Britton, Mark Elliott, N. Carlos Garcia, Matt Harris (left at 11:15 p.m.), David A. Haywood, Joseph Kushner, |
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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 Heather Salter, Interim 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 Rebecca Alfieri, Council and Committee Coordinator |
Mayor Sendzik was in the chair and called the meeting to order in Council Chambers at 10:35 p.m. |
1. | Call for Reports to be Brought Forward from Consent |
Item 4.1 - Chief Administrative Officer's Performance Evaluation Process (Councillor Britton)
Item 4.11, Sub Item 5 - Niagara Region - Change to Composition of Regional Council - Double Direct (Councillor Siscoe)
Item 4.11, Outstanding Reports List, Report Request Item 8 (Councillor Haywood)
2. | Motion to Move Reports on Consent |
That Council approve the Consent Agenda, save and except those items brought forward for discussion. FORTHWITH
Yeas: Councillors Stevens, Williamson, Bellows, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, Sorrento, and Mayor Sendzik
Nays:
Carried
3. | Discussion Reports |
Follow this link to view General Committee Agenda reports of December 5, 2016
3.1. | Budget Standing Committee City Transitional Grant Program for Ethno-Cultural Organizations and Niagara Region’s Tax Policy |
That this item be deferred to the Special meeting of December 12, 2016.
Motion to Defer Carried
3.2. | Fire and Emergency Management Services, Fire Chief St. Catharines Master Fire Plan Report – Update |
That this item be deferred to the Special meeting of December 12, 2016.
Motion to Defer Carried
3.3. | Legal and Clerks Services, Office of the City Clerk Frivolous, Vexatious and Vindictive By-law Enforcement Complaints |
That this item be deferred to the Special meeting of December 12, 2016.
Motion to Defer Carried
3.4. | Planning and Building Services, Planning Services Update: Phase I Interim Summary Report, Niagara GO Hub and Transit Stations Study |
That this item be deferred to the Special meeting of December 12, 2016.
Motion to Defer Carried
Council then discussed Item 3.6
3.5. | Planning and Building Services, Planning Services Interim Control By-law to Support Residential Infill and Intensification Development Review |
1. That Council pass an Interim Control By-law, pursuant to Section 38 of the Planning Act, for a period of up to one year, prohibiting multi-unit development and new lot creation on all properties zoned Low Density Residential – Suburban Neighbourhood (R1) in the City’s Zoning By-law 2013- 283, to the date of adoption of the Interim Control By-law to enable the Council directed review of residential infill and intensification development policy, zone standards and implementation procedures and mechanisms to be completed by the last meeting in March, 2017.
2. That the Interim Control By-law prohibit within the Low Density Residential - Suburban Neighbourhood (R1) zone, the following:
a) All new development, save and except the following:
i) A new detached dwelling on a lot of record existing at the date of adoption of the interim control by-law, providing it is in accordance with By-law 2013-283, including any approved minor variances to By-law 2013-283;
ii) A new interior accessory dwelling unit, providing it is in accordance with By-law 2013-283, including any approved minor variances to By-law 2013-283;
iii) A new addition to any legally existing residential dwelling at the date of adoption of the interim control by-law, providing it is in accordance with By-law 2013-283, including any approved minor variances to By-law 2013-283, and providing it does not create an additional dwelling unit (except for an interior accessory dwelling unit);
iv) A new accessory structure or additions to an accessory structure, provided it is in accordance with By-law 2013-283, including any approved minor variances to By-law 2013-283.
b) Creation of any new vacant lot.
3. That any planning application or building permit application submitted prior to the adoption of the Interim Control By-law, and deemed to be a complete application prior to the date of adoption of the Interim Control By-law, shall not be subject to the Interim Control By-law.
And further that any Pre-consultation applications that were complete within 1 year prior to the date of the adoption of the Interim Control By-law, and for which complete planning applications were submitted within 1 year of the date of the Pre-consultation letter, shall be exempt from the Interim Control By-law.
4. That the City Solicitor be directed to prepare the necessary By-law; and
That the Mayor and City Clerk be authorized to execute the necessary By-law to give effect to Council’s decision; and That the Notice of Decision required by the Planning Act, R.S.O. 1990, as amended, be processed by staff; 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
That the stakeholders in the development and building industry and residents be included in a public consultation process, as part of the residential infill and intensification study; and
Further, that the Clerk be directed to make all necessary notifications. FORTHWITH
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That the prohibition be added to R2 zoning with the same exceptions.
Yeas: Councillors Garcia, Haywood, Phillips, Stevens, Williamson
Nays: Councillors Bellows, Britton, Harris, Kushner, Siscoe, Sorrento, and Mayor Sendzik
Lost
Council now voted on the original motion.
Yeas: Councillors Williamson, Bellows, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, and Mayor Sendzik
Nays: Councillors Sorrento, Stevens, and Siscoe
Carried
Seconded By: Councillor Phillips
That the time is now 11:12 p.m., and Council has outstanding business, Council move to finish the business at hand. FORTHWITH
Carried
3.6. | Transportation and Environmental Services, Engineering and Construction Project P14-134, Enhancements to Lakeside Park – Award of Construction Services |
That Council award the tender for Project P14-134, Enhancements to Lakeside Park to the lowest acceptable bidder, Brouwer Construction (1981) Ltd. in the amount of $1,875,570 plus HST; and
That the City Solicitor be directed to prepare the necessary by-law. FORTHWITH
Yeas: Councillors Williamson, Bellows, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, and Mayor Sendzik
Nays:
Carried
Council then discussed Item 3.5
3.7. | Corporate Support Services, Human Resources Chief Administrative Officer’s Performance Evaluation Process |
That this item be deferred to the Special meeting of December 12, 2016.
Motion to Defer Carried
3.8. | Legal and Clerks Services, Office of the City Clerk Council Correspondence (Item 4.11, Sub-Item 5, Re: Niagara Region - Change to Composition of Regional Council - Double Direct pulled from Consent) |
That this item be deferred to the Special meeting of December 12, 2016.
Motion to Defer Carried
3.9. | Legal and Clerks Services, Office of the City Clerk Council Correspondence (Item 4.11, Outstanding Reports List pulled from Consent) |
That this item be deferred to the Special meeting of December 12, 2016.
Motion to Defer Carried
4. | Consent Reports |
Follow this link to view General Committee Agenda reports of December 5, 2016
4.1. | Brought forward for discussion - See Item No. 3.7 Corporate Support Services, Human Resources Chief Administrative Officer’s Performance Evaluation Process |
4.2. | Office of the Chief Administrative Officer, Economic Development Attendance at the Annual Economic Developers Association of Canada Conference |
That Council receive the report from Economic Development Services for information purposes. FORTHWITH
Approved on Consent
4.3. | Financial Management Services, Billing Cancellation, Reduction, Refund of Property Taxes |
That Council approve the necessary tax reductions, cancellations and refunds pursuant to Section 357 and 358 of The Municipal Act in the amount of $21,517.67 in accordance with the list submitted by Financial Management Services, dated December 5, 2016 (see Appendix 1); and
That pursuant to Section 354 of The Municipal Act the City Treasurer be hereby authorized to write off outstanding taxes for properties where a tax sale would be ineffective or inappropriate, in the amount of $66,103.78, in accordance with the listing submitted by Financial Management Services, dated December 5, 2016 (see Appendix 2). FORTHWITH
Approved on Consent
4.4. | Parks, Recreation and Culture Services, Programs and Cultural Services Niagara Folk Arts Festival 2016 Report and 2017 Funding Request |
That Council grant early budget approval for the disbursement of $41,000 in January 2017 as per our Fee for Service Agreement 2016 to 2018; and
That the Council receive the report as submitted by the Folk Arts Council of St. Catharines for the 2016 Niagara Folk Arts Festival. FORTHWITH
Approved on Consent
4.5. | Transportation and Environmental Services, Engineering and Construction P15-103 Lake/Russell, Budget Amendment and Completion and Release of Holdback Payment |
That Council grant approval to release a Completion and Statutory Holdback payment in the total amount of $324,433.26 plus applicable taxes to Peters Excavating Inc. with respect to Project No. P15-103 Lake/Russell, subject to no Statutory Liens having been filed and any outstanding deficiencies having been rectified to the satisfaction of the City Engineer; and
That Council grant approval to use an amount of $151,000, RN14-05 Lakeshore Road in the Water System Improvement Program funded by the Water Budget. FORTHWITH
Approved on Consent
4.6. | Transportation and Environmental Services, Environmental Services Promoting Environmental Sustainability through Public Education Activities |
That Council receive this report for information purposes. FORTHWITH
Approved on Consent
4.7. | Transportation and Environmental Services, Engineering and Construction P16-091 Asphalt Patching Program, Budget Amendment and Release of Holdback Payment |
That Council grant approval to release a Completion and Statutory Holdback payment in the total amount of $101,614.05, plus applicable taxes to Rankin Construction Inc. with respect to Project No. P16-091, 2016 Asphalt Patching Program after December 12, 2016, subject to no Statutory Liens having been filed and any outstanding deficiencies having been rectified to the satisfaction of the City Engineer; and
That Council grant approval to use an amount of $21,000 from P16-080, 2016 Resurfacing Program Part 2 funded by the 2016 Road and Drainage Improvement Program Operating Budget. FORTHWITH
Approved on Consent
4.8. | Transportation and Environmental Services, Director/City Engineer Sidewalk Snow Removal Program for Seniors and People with a Disability |
That Council approve the Sidewalk Snow Removal Program for Seniors and People with a Disability for the 2016/2017 Winter Season; and
That Council direct staff to enter into an agreement with The Wayside House of
St. Catharines for their services up to December 31, 2017; and
That the City Solicitor be directed to prepare the necessary by-law and agreement. FORTHWITH
Approved on Consent
4.9. | Planning and Building Services, Planning Services Continuous Improvement: Site Plan Approval, Administrative Improvements, Site Plan Manual, and Site Plan Control By-law |
That Council adopt a new Site Plan Control By-law that:
• Provides that all classes of development are subject to Site Plan Control, now including employment (industrial) developments, cemeteries, golf courses and driving ranges, and parks (both public and private);
• Provides for the expiry of Site Plan Approval if a building permit has not been issued within three (3) years of the date of Site Plan Approval, with an option to extend by up to two (2) years;
• Includes transition clauses to address applications already in process or those that have recently been reviewed through pre-consultation; and
That the City Solicitor be directed to prepare the necessary By-law; and
Further that the Mayor and City Clerk be authorized to execute the necessary By-law to give effect to Council’s decision. FORTHWITH
Approved on Consent
4.10. | Parks, Recreation and Culture Services, Programs and Cultural Services Niagara Community Foundation Grant – Welland Canal Fallen Workers |
That Council authorize the Mayor and Clerk to execute a grant funding agreement with the Niagara Community Foundation; and
That the City Solicitor be directed to prepare the necessary by-law. FORTHWITH
Approved on Consent
4.11. | Legal and Clerks Services, Office of the City Clerk Council Correspondence • Sub-Item 5 was brought forward for discussion - See Item 3.8 • Sub-Item Outstanding Reports List 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 5, and the Outstanding Reports List; and
That Council receive and file additional correspondence distributed for the meeting held December 5, 2016, which is available upon request, and includes: (1) St. Catharines Public Library Board - Proposed 2017 Operating Budget, (2) St. Catharines Transit Commission - Proposed 2017 Operating & Capital Budgets, (3) a Memo from the Director of Planning and Building Services, regarding the Proposed Interim Control By-law, (4) a letter from the Niagara Home Builders Association, regarding the Interim Control By-law on Intensification and Infill Development, (5) John G. Bullivant - presentation speaking notes to Regional Council, regarding Double Duty, (6) Additional
information regarding the Niagara Peninsula Conservation Authority (NPCA), (7) a letter from Bill and Denise Burke regarding the Meridian Centre, and (8) United Way 2016 Update Presentation.
Approved on Consent
5. | Report Requests and Directions for Staff |
5.1. | Report Request At the meeting of November 21, 2016, Councillor Elliott provided notice of the following report request: That Council direct staff to prepare a report on the Corporate policy that restricts staff from recommending the waiving of fees associated with events that are in the best interests of the community and how that policy can be changed to reflect community interests. |
That this item be deferred to the Special meeting of December 12, 2016.
Motion to Defer 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. 06-15
• personal matters about an identifiable individual, including municipal or local board employees
• advise that is subject to solicitor-client privilege, including communications necessary for that purpose
That this meeting of the General Committee recess and reconvene In-Camera.
Carried
General Committee recessed to the In-Camera session at 11:15 p.m.
7. | Adjournment |
There being no further items of business, General Committee adjourned at
11:44 p.m. and City Council reconvened.
Certified Correct:Confirmed by:
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Council CoordinatorMayor