The Corporation of the City of St. Catharines
REGULAR COUNCIL MINUTES
Monday, January 16, 2017
Present:
Absent: | Mayor Walter Sendzik Councillors Mike Britton, Mark Elliott, N. Carlos Garcia, Matt Harris,
Councillor Sandie Bellows |
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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 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 took the chair and called the meeting to order in Council Chambers at 6:29 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 Anishnaabeg and nearby Six Nations of the Grand River. The Mayor said, Mii'gwech. |
1. | Mayor's Report |
Mayor Sendzik presented a verbal report on matters of community interest. You can view more of the Mayor's Report pre-recorded by following this link: Mayor's Report for January 16, 2017. You can also see the report in the Garden City Current.
2. | Adoption of the Agendas |
• The City Clerk advised the In-Camera Report for this evening's In-Camera Session was removed from the agenda
• Councillor Britton requested the addition of a delegation, Roberto Vergalito to speak to Council Agenda, Item 9.4
• Councillor Sorrento requested the addition of a delegation, Henry Ostaszewicz to join Mr. Vergalito in speaking to Council Agenda, Item 9.4
• Councillor Siscoe requested that Council go In-Camera for the purpose of receiving information about a proposed or pending acquisition or disposition of land by the municipality or local board
Seconded By: Councillor Sorrento
That Council adopt the agendas for the meeting of January 16, 2016, as amended.
Carried
3. | Adoption of the Minutes (Council and General Committee) |
3.1. |
Seconded By: Councillor Garcia
That Council adopt the minutes of the Regular meeting of Council held on Monday, December 19, 2016.
Carried
3.2. |
Seconded By: Councillor Garcia
That Council adopt the minutes of the General Committee meeting held on Monday, December 19, 2016.
Carried
3.3. |
Seconded By: Councillor Garcia
That Council adopt the minutes of the Special Meeting of Council held on Monday, December 12, 2016.
Carried
3.4. |
Seconded By: Councillor Garcia
That Council adopt the minutes of the Special Meeting of General Committee held on Monday, December 12, 2016.
Carried
4. | Declarations of Interest |
There were none.
5. | Public Meetings Pursuant to Planning Act |
There were none.
6. | Delegations |
6.1. | Coletta McGrath, Executive Director, Larry Maxwell, Board Chair, Quest Community Health Centre Re: Dental Health Access (see General Agenda, January 16, 2017, Item 4.14, Sub-Item 1) |
Coletta McGrath, Executive Director of Quest Community Health Centre, presented Council with an overview of what Quest Community Health Centre does, the programs and services Quest provide to the community, points of service and capital projects. Ms. McGrath asked Council for their support of the resolution attached to the Council Correspondence Report,(Item 4.14, Sub-Item 1), regarding expanding dental health services for low income adults and seniors.
Seconded By: Councillor Haywood
That Council receive the presentation by Coletta McGrath, regarding Quest Community Health Centre and Dental Health Access.
Carried
6.2. | Roberto Vergalito, and Henry Ostaszewicz, from the Facer Residents and Merchants Association Re: Facer Street Revitalization (see Council Agenda, January 16, 2017, Item 9.4) |
Roberto Vergalito, and Henry Ostaszewicz, from the Facer Residents and Merchants Association addressed Council regarding their support for the Facer Street Revitalization motion. Messrs. Vergalito, and Ostaszewicz answered questions from Council.
Seconded By: Councillor Sorrento
That Council receive the presentation by Roberto Vergalito, and Henry Ostaszewicz regarding the Facer Street Revitalization.
Carried
7. | Presentations |
7.1. | Douglas Geddie, Vice-Chair, Host Committee, 2017 Scotties Re: National Women’s Curling Championships, “Scotties” - Update |
Douglas Geddie, Vice-Chair, and Keith Shaver, of the Host Committee, 2017 Scotties presented an update to Council regarding the National Women's Curling Championships, "Scotties" - Update. Mr. Geddie, gave an overview of the economic Impact of the tournament, ticket sales to date, promotions, school programs, and the Committee's goals. Mr. Geddie, and Mr. Shaver answered questions from Council.
Seconded By: Councillor Sorrento
That Council receive the presentation by Douglas Geddie, and Keith Shaver regarding the National Women's Curling Championships, "Scotties" - Update.
Carried
7.2. | Dennis Kar, Dillon Consulting Limited, Gary McNeil, President, McNeil Management Services Re: Inter-Municipal Transit Initiative - Final Report (see Council Agenda, January 16, 2017, Item 9.1) |
Dennis Kar, Dillon Consulting Limited, and Gary McNeil, President, McNeil Management Services presented an update to Council regarding the Inter-Municipal Transit Initiative - Final Report. Messrs. Kar, and McNeil gave an overview of the purpose of the study, overview, benefits, and cost of a consolidated transit model, cost of remaining with the status quo model, recommended Inter-municipal service plan, proposed transit plan, proposed distribution of Transit costs, financial performance, next steps, and timing and phasing. Messrs. Kar and McNeil answered questions from Council.
Seconded By: Councillor Elliott
That Council receive and refer the presentation by Dennis Kar, and Gary McNeil, regarding the Inter-Municipal Transit Initiative - Final Report for consideration later this evening. (see Council Agenda, January 16, 2017, Item 9.1)
Carried
8. | Call for Notices of Motion |
There were none.
9. | Motions |
9.1. | Addition of Special Meeting of Council for Inter- Municipal Transit |
Seconded By: Councillor Haywood
That Council approve a special meeting dedicated to the Inter-municipal transit issue on Thursday, February 23, 2017, commencing at 6:30 p.m. in the Council Chambers; and
That the Council meeting open to waive the regular rules of procedure to permit a joint meeting with the St. Catharines Transit Commission members, and Council to provide an opportunity for joint discussion regarding the proposal; and
That staff be directed to prepare a report for discussion on this date; and
That following the conclusion of the discussion, Council resolve into General Committee to receive and consider the staff report with recommendations. FORTHWITH
Yeas: Councillors Siscoe, Sorrento, Stevens, Williamson, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, and Mayor Sendzik
Nays:
Carried
9.2. | Request to Niagara Peninsula Conservation Authority Board to Pass Motion to Approve Independent Investigation |
Moved By: Councillor Williamson
Seconded By: Councillor Garcia
WHEREAS Minister McGarry, Minister of Natural Resources and Forestry, in response to a motion from this Council, and subsequent motion forwarded by seven (7) other Niagara municipal Councils as well at Hamilton Council, stated that she cannot order an independent forensic audit or value for money of the Niagara Peninsula Conservation Authority (NPCA) and advised that we approach local representatives on the NPCA Board and ask them to put forward a motion to the board calling for a “Thorough Investigation”,
THEREFORE BE IT RESOLVED that Council request that the Regional Councillors serving on the NPCA Board pass a motion at their next Board meeting approving an independent and thorough forensic audit, conducted by a third party expert, examining all of its operations which includes land purchases and hiring processes from 2011 to 2016 and that the audit be made public upon completion; and
THEREFORE BE IT FURTHER RESOLVED that the NPCA Board, all Niagara Municipalities and MPPs, the City of Hamilton, Haldimand County, Premier Wynne, the Minister of Natural Resources and Forestry, Provincial Environmental Commissioner, the Auditor General, the Region of Niagara, and the Provincial Ombudsman be immediately notified. FORTHWITH
Yeas: Councillors Williamson, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, and Mayor Sendzik
Nays:
Carried
9.3. | West Park – New Washroom and Site Improvements - Project Number: P14-137 – Fundraising and Amendment to Contract |
Seconded By: Councillor Kushner
WHEREAS Council at its meeting of October 24, 2016 awarded a contract for Project Number P14-137 – West Park – New Washroom and Site Improvements to Bromac Construction Inc., in the amount of $1,004,170.00, plus HST; and
WHEREAS there has been interest and a commitment expressed by several businesses in the community to donate monies in the order of $38,000 towards this project; and
WHEREAS these additional monies will allow for the inclusion of finishing elements on the building (namely windows and a stone finish on the bottom of the building) that were deleted to accommodate the project within the allocated budget; and
WHEREAS construction of the project has commenced and a decision of whether or not to proceed with the enhancements to the building must be made immediately in order to prevent any significant delays to the completion of the project;
THEREFORE BE IT RESOLVED that Council approve the change in scope for Project Number P14-137 – West Park – New Washroom and Site Improvements, awarded to Bromac Construction Inc., to include the building enhancements at an additional cost of $38,000 plus HST. FORTHWITH
Yeas: Councillors Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, Britton, Elliott, Garcia, and Mayor Sendzik
Nays:
Carried
9.4. | Facer Street Revitalization |
Seconded By: Councillor Sorrento
WHEREAS a sustainable community is one that respects and embraces its heritage to create a sense of identity and pride; and
WHEREAS Policy 4.1 of the Official Plan recognizes that Urban Design principles should be based on sustainable design principles including:
• To help create a strong sense of identity and place
• To be stimulating, have an attractive and safe public realm, be a compact, walkable, bikeable and a well-connected community
• To consist of mixed use nodes and corridors
• To have complete streets of all users
• To have building design to support street life; and
WHEREAS within the Facer Street area there has been a renewed interest in improving the street and overall businesses as evidenced by the successful Facer Street European Festival held in August of 2016; and
WHEREAS it is important to seek the public’s view on the ultimate vision of how Facer Street should look aesthetically and function practically at the street predesign stage; and
WHEREAS the Civic Project Funds' purpose in its terms of reference is to "Fund community projects, external cultural and community improvement initiatives"; and
That Council direct staff to explore funding opportunities from Federal, Provincial and Regional cultural and heritage grant programs for the design phase;
THEREFORE BE IT RESOLVED that the City commit $10,000 from the Civic Project Fund towards seeking public input and develop the City’s conceptual design for Facer Street revitalization and reconstruction by the end of the second quarter (June) of 2017; and
THEREFORE BE IT FURTER RESOLVED that the ward Councillors be involved in the conceptual design phase process. FORTHWITH
Yeas: Councillors Britton, Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Williamson, and Mayor Sendzik
Nays: Councillors Elliott, and Stevens
Carried
9.5. | 333 Main Street - Request to Consider Heritage Designation
|
Seconded By: Councillor Harris
WHEREAS the owners of 333 Main Street have recently cut down a number of mature trees on the property and may be submitting an infill development proposal for the site which may or may not include demolition of the existing building; and
WHEREAS the owner of the property completed a Pre-consultation process regarding future residential development of the site within one year prior to the adoption of the Interim Control By-law (By-law 2016-305), and accordingly is not subject to a prohibition on residential development; and
WHEREAS this is one of the most architecturally significant older homes in Port Dalhousie but it lies outside the Heritage District and is not individually designated;
THEREFORE BE IT RESOLVED that Council requests the St. Catharines Heritage Advisory Committee to consider the designation of the existing building as soon as possible; and
THEREFORE BE IT FURTHER RESOLVED that Council asks the owners to make every effort to preserve the existing building and incorporate it into their development plans; and
FURTHER that Council direct staff to have their recommendation on the long delayed tree by-law that addresses trees on private property no later than February 28, 2017. FORTHWITH
Yeas: Councillors Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, Britton, Elliott, and Mayor Sendzik
Nays:
Carried
10. | Resolve into General Committee |
City Council recessed at 8:24 p.m. and General Committee reconvened. General Committee adjourned at 9:14 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 - Lease, Realty File No. 16-042 |
This item was removed from the In-Camera Agenda.
11.2. | In-Camera Agenda Item No. 2.2 Property Matter – Disposition / Acquisition |
That Council does now reconvene from the In-Camera session; and
That Council receive the verbal report from staff as it relates to a property matter in the downtown core, and that staff proceed as directed. FORTHWITH
Carried
12. | Motion to Ratify Forthwith Recommendations |
Seconded By: Councillor Garcia
That Council adopt those items approved FORTHWITH by the General Committee on Monday, January 16, 2017.
Carried
13. | By-laws |
13.1. | Reading of By-laws |
Seconded By: Councillor Stevens
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. 2017-001 A By-law to authorize a Servicing Agreement with PBG Properties Inc. (One reading - with respect to development at 388 Ontario Street. Delegation By-law No. 2004-277, as amended.) File: 68.81.5
By Law No. 2017-002 A By-law to authorize the acceptance of a conveyance of certain lands from Grey Forest Homes Ltd. for the widening of Linwell Road. (One reading - with respect to condition of severance B-48/16SC - 265 Linwell Road. Delegation By-law No. 2004-277, as amended.) File: 16.7.10
By-law No. 2017-003 A By-law to authorize a Letter of Agreement with Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario. (Three readings - with respect to the Dedicated Gas Tax Funds for Public Transportation Program. Delegation By-law No. 2004-277, as amended.) File: 35.31.4
By-law No. 2017-004 A By-law to authorize an agreement with Urban & Environmental Management Inc. (One reading - with respect to Design and Construction Administration Services for Project No. P16-063 - St. George Street. Delegation By-law No. 2004-277, as amended.) File: 18.20.203
By-law No. 2017-005 A By-law to authorize Agreements with Upper Canada Planning & Engineering Ltd. (One reading - with respect to Consulting Engineering Services, Contract Administration and Construction Inspection for Project No. P17-001 - Watermain Replacements - Leeper Street and McDonald Street. Delegation By-law No. 2004-277, as amended.) File: 18.45.255
By-law No. 2017-006 A By-law to authorize Agreements with Kerry T. Howe Engineering Limited. (One reading - with respect to Consulting Engineering Services, Contract Administration and Construction Inspection for Project No. P17-002 - Watermain Replacements - Barnes Road, Brighton Avenue and Lailey Street. Delegation By-law No. 2004-277, as amended.) File: 18.45.255
By-law No. 2017-007 A By-law to authorize a tender award to Metro Freightliner Hamilton Inc. (One reading - with respect purchase of a 2017 Tandem Axle Dump Truck with Roll-off Unit, under RFT 16-30. Delegation By-law No. 2004-277, as amended.) File: 68.81.99
By-law No. 2017-008 A By-law to authorize a contract with Serianni Construction Ltd. and to repeal By-law No. 2016-318. (One reading - with respect to Buchanan House Alterations for TES Environmental Services, under Project No. P15-142-2. Delegation By-law No. 2004-277, as amended.) File: 80.20.202
By-law No. 2017-009 A By-law to amend By-law No. 89-304 entitled “A By-law to designate private roadways as fire routes along which no parking of vehicles is permitted.” (One reading - with respect to 2 O’Malley Drive, 333 Ontario Street, 75 Niagara Street, 400 Niagara Street, 1 Marsdale Drive, 29A St. Helena Street, 15 Glenview Avenue, 300 Fourth Avenue, 241 St. Paul Street West, and 6 Tanner Circle. Delegation By-law 2004-277, as amended.) File: 68.13.1
By-law No. 2017-010 A By-law to authorize a Contribution Agreement under the Canada 150 Community Infrastructure Program (CIP 150) with Her Majesty the Queen in Right of Canada, as represented by the Minister responsible for the Federal Economic Development Agency for Southern Ontario (FedDev Ontario). (One reading - with respect to Improvements to Centennial Park, Project 810314. Delegation By-law No. 2004-277, as amended.) File: 68.31.102
By-law No. 2017-011 A By-law to authorize a Release of Agreement over certain lands municipally known as 81 Cecil Street. (One reading - with respect to release of Site Plan Agreement. Delegation By-law No. 2004-277, as amended.) File: 60.35.969
By-law No. 2017-012 A By-law to authorize the acceptance of a conveyance of certain lands from Bruce Randall Greenlaw for the widening of Dundonald Street and Bloomfield Avenue. (One reading - with respect to condition of severance B-29/16SC - 59 Bloomfield Avenue. Delegation By-law No. 2004-277, as amended.) File: 16.7.10
By-law No. 2017-013 A By-law to amend By-law No. 2016-221 entitled “A By-law to authorize an extension of the Lease with 1669772 Ontario Limited.” (One reading - with respect to the use of a portion of the Seymour-Hannah Sports & Entertainment Centre for operating a restaurant and two food concessions. Council, August 22, 2016, Item No. 11.2.) File: 16.19.99, 68.32.147
By-law No. 2017-014 A Bylaw to amend By-law No. 2016-235 entitled “A By-law to authorize an agreement with Dereck Revington Studio Inc.” (One reading - with respect to Phase 2 of the Welland Canal Fallen Workers Memorial and Park. General Committee, September 12, 2016, Item 4.4.) File: 35.65.92
By-law No. 2017-015 A By-law to authorize an extension of the Guarantee of a Line of Credit for the Niagara Symphony Association. (One reading - with respect to the Niagara Symphony Association’s operating line of credit. General Committee, January 16, 2017, Item. 4.1.) File: 68.45.99, 10.57.11
By-law No. 2017-016 A By-law to authorize an Agreement with Voiance Language Services, LLC. (One reading - with respect to language interpretation services to assist with 911 emergency calls. General Committee, January 16, 2017, Item 4.2.) File: 68.13.99
By-law No. 2017-017 A By-law to authorize an Agreement with Industrial Scientific Canada, ULC. (One reading - with respect to a new Gas Monitoring System. General Committee, January 16, 2017, Item 4.3.) File: 68.13.99
By-law No. 2017-018 A By-law to authorize a Development Agreement with 1473941 Ontario Limited. (One reading - with respect to construction of four (4) detached dwellings with attached garages on the property at 357 Martindale Road. General Committee, January 16, 2017, Item 4.4.) File: 60.53.99
By-law No. 2017-019 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 Parking Prohibitions, Installation of Time Limited Parking, and Installation of Stop Control at various locations. General Committee, January 16, 2017, Item 4.11.) File: 77.34.99, 77.37.99
By-law No. 2017-020 A By-law to authorize an agreement with Kerry T. Howe Engineering Limited. (One reading - with respect to Consulting Engineering Services for storm sewer construction on Rodger Street and Sharon Street, under Project No. P16-004. General Committee, January 16, 2017, Item 4.12.) File: 18.20.203
By-law No. 2017-021 A By-law to authorize an agreement with MMM Group Limited. (One reading - with respect to Engineering Consulting Services for the Transportation Master Plan, ST10-01. General Committee, January 16, 2017, Item 4.13.) File: 77.2.99
By-law No. 2017-022 A By-law to confirm the proceedings of council at its meeting held on the 16th day of January, 2017. (One reading - with respect to confirming the proceedings of the meeting held on January 16, 2017.) File: 10.12.1
Carried
14. | Agencies, Boards, Committee Reports |
14.1. | Minutes to Receive: • Accessibility Advisory Committee, June 22, 2016, September 28, 2016, and October 26, 2016 • St. Catharines Heritage Advisory Committee, December 8, 2016 • Green Advisory Committee, December 14, 2016 • Master Fire Planning Committee - January 5, 2017 |
Seconded By: Councillor Elliott
That Council receive and file the minutes of the Advisory Committees of Council, as presented.
Carried
15. | Adjournment |
Seconded By: Councillor Phillips
There being no further items of business, this meeting be adjourned at 9:17 p.m.
Carried
Certified Correct:Confirmed by:
_____________________________________________
City ClerkMayor