The Corporation of the City of St. Catharines
REGULAR COUNCIL MINUTES
Monday, January 30, 2017
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 | |
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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 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 took the chair and called the meeting to order in Council Chambers at 6:31 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 30, 2017. You can also see the report in the Garden City Current.
2. | Adoption of the Agendas |
Seconded By: Councillor Bellows
That Council adopt the agendas for the meeting of January 30, 2017, as presented.
Carried
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, January 16, 2017.
Carried
3.2. |
Seconded By: Councillor Garcia
That Council adopt the minutes of the General Committee meeting held on Monday, January 16, 2017.
Carried
3.3. | Budget Standing Committee minutes of December 12, 2016, December 13, 2016, and January 12, 2017 |
Seconded By: Councillor Phillips
That Council adopt the minutes of the Budget Standing Committee meetings held on Monday, December 12, Tuesday, December 13, 2016, and January 12, 2017.
Carried
4. | Declarations of Interest |
Councillor Kushner declared a Conflict of Interest (Pecuniary) to Council Agenda Item 6.1, and General Committee Agenda Items 3.1, stating the matter relates to his employer, Brock University
Councillor Siscoe declared a Conflict of Interest (Pecuniary) to General Agenda Item 4.5, as one of the recommended recipients is a family member
5. | Public Meetings Pursuant to Planning Act |
There were none.
6. | Delegations |
6.1. | Rino Mostacci, Commissioner of Planning and Development Services, Niagara Region; Re: Brock District Plan |
Rino Mostacci, Commissioner of Planning and Development Services, Niagara Region addressed Council regarding the Brock District Plan.
Mr. Mostacci provided an overview of private and public investment, the framework for the Plan, and next steps. Mr. Mostacci answered questions from Council.
Seconded By: Councillor Bellows
That Council receive and refer the presentation by Rino Mostacci, regarding the Brock District Plan to General Committee for consideration later this evening. (see General Agenda, January 30, 2017, Item 3.1)
Motion to Refer Carried
7. | Presentations |
There were none.
8. | Call for Notices of Motion |
8.1. | Councillor Britton presented the following intention for a notice of motion for the consideration of Council at the meeting of February 13, 2017:
That Council allow 'Links for Greener Learning' to use the raised beds behind Buchanan House for Community Gardens during the 2017 season and for staff to work with them to that end. FORTHWITH |
9. | Motions |
9.1. | Request to Declare VegFest 2017 an Event of Municipal Significance (see General Committee Agenda, Council Correspondence Report, January 30, 2017, Item 4.7, Sub-item 2) |
Seconded By: Councillor Phillips
That Council of the City of St. Catharines declare VegFest 2017, to be held at Market Square on June 4, 2017, to be an event of municipal significance with respect to obtaining liquor permits in accordance with the Alcohol and Gaming Commission of Ontario Requirements; and
That the City Clerk be delegated the authority to approve future special events as an event of municipal significance without report to Council, provided that the appropriate City departments be consulted and have no objection; and
That the City Solicitor be directed to prepare the necessary bylaw to authorize the delegation; and
Further, that the Office of the City Clerk be directed to make the necessary notifications. FORTHWITH
Yeas: Councillors Siscoe, Sorrento, Stevens, Williamson, Bellows, Britton, Elliott, Garcia, Haywood, Kushner, Phillips, and Mayor Sendzik
Nays:
Carried
Councillor Harris was not present for the vote.
9.2. | Re-Scheduled Date for Special Council Meeting - Inter-Municipal Transit |
Seconded By: Councillor Phillips
That Council re-schedule the special meeting dedicated to the Inter-municipal transit issue on Thursday, February 23, 2017 to Wednesday, February 22, 2017 commencing at 5:30 p.m.; 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 a 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 Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, Bellows, Britton, Elliott, Garcia, and Mayor Sendzik
Nays:
Carried
9.3. | Notification of Significant Developments |
Seconded By: Councillor Phillips
WHEREAS significant developments can be characterized as having significant size, economic value or potential economic or societal impacts; and
WHEREAS it is important for Councillors to be up to date in major developments in their respective wards;
THEREFORE BE IT RESOLVED THAT the City of St. Catharines Councillors be notified of any significant developments coming to the attention of the municipality occurring in their ward; and
THEREFORE BE IT FURTHER RESOLVED that City staff provide pertinent updates on the significant developments to ward Councillors. FORTHWITH
...
That Council refer the motion regarding Notification of Significant Developments back to staff for more information. FORTHWITH
Motion to Refer Lost
That Council revise the motion to include all Councillors, rather than just the Ward Councillors, with pertinent updates on significant developments.
Yeas: Councillors Bellows, Garcia, Harris, Haywood, Phillips, Siscoe, Sorrento, Williamson, and Mayor Sendzik
Nays: Councillors Britton, Elliott, Kushner, and Stevens
Carried
Council then voted on the Motion as Amended
Moved By: Councillor Garcia
WHEREAS significant developments can be characterized as having significant size, economic value or potential economic or societal impacts; and
WHEREAS it is important for Councillors to be up to date in major developments in their respective wards;
THEREFORE BE IT RESOLVED THAT the City of St. Catharines Councillors be notified of any significant developments coming to the attention of the municipality occurring in their ward; and
THEREFORE BE IT FURTHER RESOLVED that City staff provide pertinent updates on significant developments to all Councillors. FORTHWITH
Yeas: Councillors Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, Bellows, Britton, Elliott, and Mayor Sendzik
Nays:
Carried as Amended
Council then voted on a report request.
Moved By: Councillor Garcia
That Council direct Planning and Building Services to include a definition of a ‘significant development’ and steps in the application process where updates will be provided to Council, as part of the Infill and Intensification report coming to Council at the end of March 2017.
Yeas: Councillor Bellows, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, and Mayor Sendzik
Nays:
Carried
9.4. | Traffic Signal Agreement |
Seconded By: Councillor Garcia
WHEREAS the Niagara Region operates and maintains all traffic signals in the region, except those associated with the St. Lawrence Seaway Authority, including all local municipalities, Ministry of Transportation, Bridge Authorities and the Niagara Parks Commission; and
WHEREAS a September 2016 decision by Regional Council to renew a service agreement with local area municipalities has been deferred for input from local electrical contractors and the Heavy Construction Association of Regional Niagara;
THEREFORE BE IT RESOLVED that Council direct staff to work with Niagara Region Transportation Services Division to explore an open, transparent and fair bidding process for traffic signal maintenance contracts, prior to renewing a shared service agreement for traffic signal services with Niagara Region; and
THEREFORE BE IT FURTHER RESOLVED that this motion be forwarded to all Niagara area municipalities and the Niagara Region. FORTHWITH
Yeas: Councillors Sorrento, Stevens, Williamson, Bellows, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, and Mayor Sendzik
Nays:
Carried
10. | Resolve into General Committee |
City Council recessed at 7:44 p.m. and General Committee reconvened. General Committee adjourned at 9:01 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. 11-71 |
Moved By: Councillor Phillips
Seconded By: Councillor Elliott
That Council does now reconvene from the In-Camera session; and
That Council authorize a Lease Extension Agreement with Lex Parker Design Consultants Ltd. with respect to 14 Ontario Street. FORTHWITH
Yeas: Councillors Bellows, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, and Mayor Sendzik
Nays:
Carried
11.2. | In-Camera Agenda Item 2.2 Corporate Support Services, Human Resources Verbal - Follow Up- Wages Non-Union Exempt - Labour Relations or Employee Negotiations |
Seconded By: Councillor Elliott
That Council receive the verbal report from the Director of Corporate Support Services. FORTHWITH
Yeas: Councillors Elliott, Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, Bellows, Britton, and Mayor Sendzik
Nays:
Carried
11.3. | In-Camera Agenda Item 2.3 Office of the Chief Administrative Officer, Administration Verbal - Personnel Matter |
Seconded By: Councillor Elliott
That Council receive the verbal report from the Chief Administrative Officer, and that staff proceed as directed. FORTHWITH
Yeas: Councillors Elliott, Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, Bellows, and Mayor Sendzik
Nays: Councillor Britton
Carried
11.4. | In-Camera Agenda Item 2.4 Legal and Clerks Services, Legal Services Verbal Report - Litigation, or Potential Litigation, and Advice that is Subject to Solicitor-Client Privilege |
Seconded By: Councillor Elliott
That Council receive the verbal report from the City Solicitor regarding an OMB Appeal on Condominium Conversion for Rockwood Avenue / Woodrow Street, and that staff proceed as directed. FORTHWITH
Yeas: Councillors Haywood, Kushner, Phillips, Stevens, Williamson, Bellows, Britton, Elliott, Garcia, and Harris
Nays: Councillors Siscoe, Sorrento, and Mayor Sendzik
Carried
11.5. | In-Camera Agenda Item 2.5 Legal and Clerks Services, Legal Services Verbal Report - Litigation, or Potential Litigation, and Advice that is Subject to Solicitor-Client Privilege |
Seconded By: Councillor Elliott
That Council receive the verbal report from the City Solicitor regarding the OMB Appeal on the Interim Control By-law, and that staff proceed as directed. FORTHWITH
Yeas: Councillors Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, Bellows, Britton, Elliot, and Mayor Sendzik
Nays:
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 30, 2017.
Carried
13. | By-laws |
13.1. | Reading of By-laws |
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. 2017-23 A By-law to authorize a Transfer Payment Agreement with Her Majesty the Queen in right of Ontario as represented by the Minister of Economic Development and Growth. (One reading – with respect to Entrepreneurship Pilot Projects (“Pilots”). Delegation By-law No. 2004-277, as amended.) File: 68.45.99
By-law No. 2017-24 A By-law to assume and declare certain lands to be a highway and to be known as Corbin Street. (One reading – with respect to final acceptance of Old Canal Banks Plan of Subdivision registered as Plan 30M-388. Delegation By-law
No. 2004-277, as amended.) File: 16.7.99
By-law No. 2017-25 A By-law to authorize a Spatial Separation Agreement with Loreanne Marie D’Orazio and Mark Andrew Groves. (One reading – with respect to
197 Glendale Avenue. Delegation By-law No. 2004-277, as amended.) File: 56.49.99
By-law No. 2017-26 A By-law to authorize the temporary borrowing of moneys to meet the current expenditures of the City of St. Catharines. (One reading – with respect to temporary borrowing authority. General Committee, January 30, 2017.) File: 10.57.17
By-law No. 2017-27 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 prohibition on Macbeth Boulevard. General Committee, January 30, 2017.) File: 77.34.99
By-law No. 2017-28 A By-law to confirm the proceedings of council at its meeting held on the 30th day of January, 2017. (One reading – with respect to confirming the proceedings of the meeting held on January 30, 2017.) File: 10.12.1
Carried
13.2. | Reading of Additional By-laws |
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. 2017-29 A By-law to authorize a Subdivision Agreement with 1891121 Ontario Inc. (One reading – with respect to 63 Cecil Street. Delegation By-law No. 2004-277, as amended.) File: 60.46.412
By-law No. 2017-30 A By-law to authorize a Lease Extension Agreement with Lex Parker Design Consultants Ltd. (One reading – with respect to 14 Ontario Street. Council, January 30, 2017.) File: 16.19.99
Carried
14. | Agencies, Boards, Committee Reports |
14.1. | Minutes to Receive: • Museum Advisory Committee, October 6, 2016 • Arts and Culture Advisory Committee, December 6, 2016 • Welland Canal Fallen Workers Memorial Task Force, January 10, 2017 |
Seconded By: Councillor Harris
That Council receive and file the minutes of the Advisory Committees of Council, as presented; and
That Council approve the recommendation of the Cultural Sustainability Committee to appoint Tisha Polocko, and Jennifer Anderson to Canada's 150th Anniversary Task Force as noted in the Committee's minutes of January 17, 2017.
Carried
15. | Adjournment |
Seconded By: Councillor Kushner
There being no further items of business, this meeting be adjourned at 9:07 p.m.
Carried
Certified Correct:Confirmed by:
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City ClerkMayor