The Corporation of the City of St. Catharines
REGULAR COUNCIL MINUTES
Monday, March 06, 2017
Present: | Mayor Walter Sendzik Councillors Sandie Bellows (arrived at 6:39 p.m.), Mike Britton, Mark Elliott, N. Carlos Garcia, Matt Harris, David A. Haywood (arrived at 6:40 p.m.), 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 David Wood, Director of Fire and Emergency Management Services Heather Salter, 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 Deanna Haine, Council and Committee Coordinator |
Mayor Sendzik took the chair and called the meeting to order in Council Chambers at 6:35 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. Follow this link, Mayor's Report for March 6, 2017, to view the pre-recorded report, which is also available in the Garden City Current.
2. | Adoption of the Agendas |
The City Clerk advised of the following changes to the agenda:
• change to title of Motion Item 9.1 to 'NPCA Governance'
• reverse the order of discussion for General Agenda Items 3.2 and 3.3
• upon Council approval, defer General Committee Agenda Item 3.5, Tree Management Framework, to meeting of March 20, 2017
• addition of two reasons to go In-Camera
- labour relations or employee negotiations (verbal report from the Director of Corporate Support Services)
- personal matters about an identifiable individual, including municipal or local board employees (two verbal reports from the Office of the Mayor)
Seconded By: Councillor Harris
That Council adopt the agendas for the meeting of March 6, 2017, as amended.
Carried as Amended
Councillor Garcia wished to be noted as opposed to the deferral of General Committee Agenda Item 3.5.
2.2. | Request for Permission to Address City Council Re: NPCA Governance (Regional Councillor Timms) |
That Council permit Regional Councillor Bruce Timms to address Council respecting Item 9.1, NPCA Governance motion (see Council Minutes, March 6, 2017, Item 6.2).
Carried
3. | Adoption of the Minutes (Council and General Committee) |
3.1. | Regular Meeting of Council, Minutes of February 13, 2017, and Special Meeting of Council, Minutes of February 22, 2017 |
Seconded By: Councillor Garcia
That Council adopt the minutes of the Regular meeting of Council held on Monday, February 13, 2017; and
That Council adopt the minutes of the Special meeting of Council held on Monday, February 22, 2017.
Carried
3.2. | General Committee Minutes of February 13, 2017 |
Seconded By: Councillor Garcia
That Council adopt the minutes of the General Committee meeting held on Monday, February 13, 2017.
Carried
3.3. | Budget Standing Committee Minutes of January 23, 2017, January 25, 2017, February 1, 2017, February 6, 2017, February 8, 2017, and February 13, 2017 |
Seconded By: Councillor Phillips
That Council adopt the minutes of the Budget Standing Committee meetings held on January 23, January 25, February 1, February 6, February 8, and February 13, 2017. FORTHWITH
Carried
4. | Declarations of Interest |
There were none declared at this time.
5. | Public Meetings Pursuant to Planning Act |
There were none.
6. | Delegations |
The Mayor reversed the order of the two delegation items, starting with Item 6.2.
6.1. | Public Meeting (Pursuant to Notice By-law) 2017 Capital Budget and Four Year Forecast |
The Mayor advised that public notice had been published in accordance with the City's Notice By-law to consider the 2017 Capital Budget and Four Year Forecast.
Kristine Douglas, Director of Financial Management Services, presented the 2017 Capital Budget and Four Year Forecast.
The Mayor advised that those who had registered with the City Clerk in advance of the meeting would be heard first. None were registered.
The Mayor then invited members of the public to come forward to be heard. Mr. Peter Malaguti came forward and asked the following questions:
• will the Garden City Complex be put up for sale next year?
• how much money does the City collect from the water bills?
• how much money did the City collect from the PanAm games?
No one else came forward to speak.
The Director had no summary comments at this time.
Seconded By: Councillor Bellows
That Council receive and refer the presentation by Kristine Douglas, Director of Financial Management Services, regarding the 2017 Capital Budget and Four Year Forecast, to General Committee for consideration later this evening (see General Committee minutes, March 6, 2017, Item 3.2).
Motion to Refer Carried
Seconded By: Councillor Phillips
That Council close the public meeting regarding the 2017 Capital Budget and Four Year Forecast.
Carried
Council now moved on to Item 8.1
6.2. | Regional Councillor Bruce Timms Re: NPCA Governance Motion, Item 9.1 |
Regional Councillor Timms addressed Council regarding the Niagara Peninsula Conservation Authority governance motion on this evening's agenda. He stated that Pelham's proposal puts unaccountable, unelected board members in charge of a levy that the elected Council has no authority to change. He requested that, before Council relies on the Council of the Town of Pelham's resolution, Council ask City staff for comment and advice on the following:
• the historical and current practice of appointing NPCA board members
• request a staff report on the performance of the NPCA fulfilling the Provincial mandate and the mandate with the City under the Memorandum of Understanding between the Region, NPCA and City
• request a staff report on the accountability for the mandate and funding of the current system of Regional Council making the appointment versus the proposal in Pelham's motion
Seconded By: Councillor Phillips
That Council receive and refer the presentation by Regional Councillor Timms regarding the NPCA Governance motion to General Committee for consideration later this evening (see Council minutes, March 6, 2017, Item 9.1).
Motion to Refer Carried
Council now moved on to Item 6.1
7. | Presentations |
There were none.
8. | Call for Notices of Motion |
8.1. | Support 1,400 Jobs in Niagara |
Councillor Britton provided notice for the following motion to be presented at the meeting of March 20, 2017:
WHEREAS Niagara's Casinos are the largest employer within the Niagara region employing over 4,000 people.
WHEREAS a third-party external report conducted by HLT Advisory indicates that OLG's modernization plans for the Niagara Casinos will result in a loss of 1,400 jobs for hard-working Niagara families.
WHEREAS Niagara's unemployment rate of 6.6% is already above the provincial average of 6.4%.
WHEREAS Niagara Regional Chair Alan Caslin and Niagara Falls Mayor Jim Diodati have written an open letter to Ontario Finance Minister Charles Sousa outlining their concerns regarding the potential loss of jobs in Niagara.
WHEREAS UNIFOR Local 199 President Greg Brady representing affected workers has indicated he shares the concerns outlined in the Regional Chair and Niagara Falls Mayor's open letter.
WHEREAS Many of these affected employees and their families live within the City of St. Catharines.
WHEREAS The St. Catharines economy is closely linked to the Niagara economy at large.
THEREFORE BE IT RESOLVED THAT this motion be circulated to our City's Member of Provincial Parliament, the Honourable Jim Bradley, and that St. Catharines Council request MPP Bradley provide a letter of support for the Regional Chair and Niagara Falls Mayor's open letter in defense of 1,400 jobs in Niagara and St. Catharines; and
THAT this resolution be circulated to the Regional Chair and the Mayor of the City of Niagara Falls; and
THAT this resolution be circulated to all Niagara municipalities requesting their support of jobs in our Niagara community by passage of a similar resolution. FORTHWITH
Motions |
9.1. | Support of Motion - NPCA Governance (Deferred by Council at the meeting of February 13, 2017) |
Moved By: Councillor Williamson
Seconded By: Councillor Garcia
WHEREAS at its January 18, 2017 meeting, the Board of the Niagara Peninsula Conservation Authority (NPCA) agreed to requests by this Council and those of the majority of Niagara municipalities to hold an independent 3rd party audit of all its operations; and
WHEREAS the majority of NPCA board members are Niagara Regional Councillors; and
WHEREAS at its February 6, 2017 meeting, Pelham Council passed a motion calling for NPCA board members to be selected directly by area municipal councils from their citizenry after an application process that favours expertise in environmental and conservation issues and, requesting support from the municipalities represented by the NPCA;
THEREFORE BE IT RESOLVED that Council endorses and supports the intent of Pelham's motion and the need to appoint members to the NPCA board who have the skills and experience in environmental and conservation fields to effectively fulfill the authority's mandate; and
THEREFORE BE IT FURTHER RESOLVED that the NPCA, all Niagara Municipalities and MPPs, the City of Hamilton and Haldimand County, the Minister, Premier, Auditor General and Ombudsman be notified. FORTHWITH
...
Seconded By: Councillor Harris
That Council refer the motion to staff for a report.
Motion to Refer Lost
Seconded By: Councillor Harris
That Council refer the motion to the Province as it pertains to the Conservation Act, for their consideration.
Motion to Refer Lost
WHEREAS at its January 18, 2017 meeting, the Board of the Niagara Peninsula Conservation Authority (NPCA) agreed to requests by this Council and those of the majority of Niagara municipalities to hold an independent 3rd party audit of all its operations; and
WHEREAS the majority of NPCA board members are Niagara Regional Councillors; and
WHEREAS at its February 6, 2017 meeting, Pelham Council passed a motion calling for NPCA board members to be selected directly by area municipal councils from their citizenry after an application process that favours expertise in environmental and conservation issues and, requesting support from the municipalities represented by the NPCA;
THEREFORE BE IT RESOLVED that Council endorses and supports the intent of Pelham's motion and the need to appoint members to the NPCA board who have the skills and experience in environmental and conservation fields to effectively fulfill the authority's mandate; and
THEREFORE BE IT FURTHER RESOLVED that greater representation of the NPCA Board be non-elected citizens and that consideration be given to individuals with expertise; and
THEREFORE BE IT FURTHER RESOLVED that the NPCA, all Niagara Municipalities and MPPs, the City of Hamilton and Haldimand County, the Minister, Premier, Auditor General and Ombudsman be notified. FORTHWITH
Yeas:Councillors Williamson, Elliott, Garcia, Haywood, Kushner, Phillips, Siscoe, Stevens, and Mayor Sendzik
Nays:Councillors Bellows, Britton, Harris, and Sorrento
Carried as Amended
9.2. | Compliance Alternatives for Heritage Buildings in St. Catharines |
Seconded By: Councillor Elliott
WHEREAS a number of buildings in the City that are designated under the Ontario Heritage Act, either individually or as part of a district, sit empty or underutilized and are in desperate need of restoration and adaptive re-use and, restoration and re-use of these buildings will bring significant economic benefits to the City; and
WHEREAS Section 11.1.1(1)(a) and (b) of the Ontario Building Code (OBC) allows a municipality's Chief Building Official (CBO) to substitute Compliance Alternatives for certain OBC requirements where the CBO is satisfied that compliance with the requirement is impractical because "of structural or construction difficulties or, it is detrimental to the preservation of a heritage building"; and
WHEREAS although we currently offer some limited assistance downtown, our property owners typically find restoration to be prohibitively expensive and time-consuming yet, other municipalities have successfully introduced programs such as: restoration incentives financed by various levels of government (e.g. Thorold) or a Heritage Property Tax Relief Program (e.g. Peterborough), that have significantly increased restoration and re-use of heritage buildings;
THEREFORE BE IT RESOLVED that Council directs staff to review all alternative strategies or programs that could significantly increase and speed up the restoration and adaptive re-use of heritage buildings in the City, in consultation with the Downtown and Port Dalhousie BIAs, the Heritage Advisory Committee and the Heritage Permit Advisory Committee, and provide recommendations for the consideration of the CBO and Council; and
THEREFORE BE IT FURTHER RESOLVED that the review include, but not be limited to, the Compliance Alternatives available to the CBO and the programs used by Thorold and Peterborough and, that the report and recommendations be available by the June 26, 2017 Council meeting. FORTHWITH
Yeas:Councillors Garcia, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, Bellows, Britton, Elliott, 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 9:50 p.m. and City Council reconvened.
11. | Motion Arising from In-Camera Session |
Council passed a procedural motion during the In-Camera session to extend the curfew beyond 10:30 p.m. to complete the business as hand.
11.1. | In-Camera Agenda Item 2.1 Legal and Clerks Services, Director Verbal Report (Advice Subject to Solicitor-Client Privilege) |
Seconded By: Councillor Kushner
That Council does now reconvene from the In-Camera session; and
That Council receive the report of WeirFoulds LLP regarding the independent review of the Niagara IceDogs Licence Agreement for the use of the Meridian Centre; and
That the City Solicitor be directed to bring a report back to Council with recommendations. FORTHWITH
Yeas:Councillors Siscoe, Sorrento, Stevens, Williamson, Bellows, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, and Mayor Sendzik
Nays:
Carried
11.2. | In-Camera Agenda Item 2.2 Corporate Support Services, Director Memorandum - Fire Services (Personal Matters and Labour Relations) |
Seconded By: Councillor Kushner
That Council receive the memorandum from the Director of Corporate Support Services regarding labour relations and employee negotiations; and
That staff proceed as directed. FORTHWITH
Yeas:Councillors Siscoe, Sorrento, Stevens, Williamson, Bellows, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, and Mayor Sendzik
Nays:
Carried
11.3. | In-Camera Additional Item 2.3 Office of the Mayor, Administration Verbal Report (Personal Matter and Advice Subject to Solicitor-Client Privilege) |
Seconded By: Councillor Stevens
That Council receive the verbal report from the Office of the Mayor as it relates to personal information about an identifiable individual and advice that is subject to solicitor-client privilege; and
That Council approve the Region's motion, previously distributed by the Office of the City Clerk, that dealt with the Burgoyne Bridge; and
That staff proceed as directed In-Camera. FORTHWITH
Yeas:Councillors Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, Bellows, and Mayor Sendzik
Nays:
Carried
11.4. | In-Camera Item 2.4 - Additional Office of the Mayor, Administration Verbal Report (Personal Matter) |
Seconded By: Councillor Stevens
That Council receive the verbal report from the Office of the Mayor as it relates to personal information about an identifiable individual, including municipal or local board employees; and
That the Mayor proceed as directed by Council. FORTHWITH
Yeas:Councillors Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, Bellows, 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, March 6, 2017.
Carried
13. | By-laws |
13.1. | Reading of By-law List |
Seconded By: Councillor Williamson
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. 2017-47 A By-law to authorize the acceptance of a conveyance of certain lands from 1473941 Ontario Limited. (One reading - with respect to a condition of approval to sever lands pertaining to 357 Martindale Road. Delegation By-law No. 2004-277, as amended.) File: 16.7.99
By-law No. 2017-48 A By-law to authorize an agreement with Darryl Douglas Day and Joanne Elizabeth Day. (One reading - with respect to demolition of existing single detached dwelling at 1055 Lakeshore Road West. Delegation By- law No. 2004-277, as amended.) File: 56.49.2
By-law No. 2017-49 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. 2017-50 A By-law to amend By-law No. 2002-81 entitled “A By-law to appoint certain employees of the Canadian Corps of Commissionaires (Hamilton) as municipal law enforcement officers.” (One reading - with respect to change in personnel. Delegation By-law No. 2004-277, as amended.) File: 10.10.99
By-law No. 2017-51 A By-law to authorize a contract with Ausenco Engineering Canada Inc. (One reading - with respect to stairway/retaining wall, trail improvements and gathering area in Centennial Gardens, under Project No. P17-130. Delegation By-law No. 2004-277, as amended.) File: 18.20.204
By-law No. 2017-52 A By-law to authorize the acceptance of a conveyance of certain lands from Southport Builders Niagara Inc. for the widening of Rodman Hall Drive. (One reading - with respect to 3-unit townhouse development at 6 & 8 Rodman Hall Drive. Delegation By-law No. 2004-277, as amended.) File: 16.7.10
By-law No. 2017-53 A By-law to authorize the acceptance of a conveyance of certain lands from DTFSL Equity Corp. for the widening of Cherry Street. (One reading - with respect to a condition of approval to sever lands pertaining to 5 and 7 Cherry Street. Delegation By-law No. 2004-277, as amended.) File: 16.7.10
By-law No. 2017-54 A By-law to appoint Heather A. Salter as Director of Legal and Clerks Services / City Solicitor and to repeal By-law No. 2016-280. (One reading - with respect to appointment. Council, February 13, 2017, Item No. 11.3.) File: 10.10.99
By-law No. 2017-55 A By-law to appoint Stacey E. Wells as Deputy Clerk. (One reading - with respect to appointment. Council, February 13, 2017, Item No. 11.3.) File: 10.10.99
By-law No. 2017-56 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 restriction removal on South Drive, and parking prohibitions on Lake Street. General Committee, March 6, 2017, Item 4.1 and Item 4.2.) File: 77.34.99
By-law No. 2017-57 A By-law to amend By-law No. 2013-283 entitled “A By-law to regulate the use of land, the bulk, location, erection, and use of buildings and structures, the provision of parking spaces and other associated matters in the City of St. Catharines.” (One reading - with respect to removal of Holding (H) provision from the lands at 21 Lincoln Avenue. General Committee, March 6, 2017, Item 4.6.) File: 60.35.1025
By-law No. 2017-58 A By-law to approve the shareholder resolutions passed and direction given at the special shareholder meeting of St. Catharines Hydro Inc. held on the 27th day of February, 2017. (One reading - with respect to the special shareholder meeting of St. Catharines Hydro Inc. held on February 27, 2017). File: 35.60.19
By-law No. 2017-59 A By-law to confirm the proceedings of council at its meetings held on the 27th day of February, 2017 and on the 6th day of March, 2017, and at its special meeting held on the 22nd day of February, 2017. (One reading - with respect to confirming the proceedings of the meetings held on February 27, 2017 and March 6, 2017, and the special meeting of council held on February 22, 2017.) File: 10.12.1
Carried
14. | Agencies, Boards, Committee Reports |
14.1. | Minutes to Receive: • Clean City Advisory Committee, September 20, 2016, October 18, 2016, November 15, 2016, and January 17, 2017 • Accessibility Advisory Committee, November 23, 2016 • St. Catharines Heritage Permit Advisory Committee, November 24, 2016 • Recreation Master Plan Advisory Committee, December 13, 2016 • Canada's 150th Anniversary Task Force, January 5, 2017 • Public Art Advisory Committee, January 24, 2017 • Welland Canal Fallen Workers Memorial Task Force, January 31, 2017 draft • Outdoor Aquatic Facilities Task Force, February 7, 2017 • Master Fire Planning Committee, February 16, 2017 |
Seconded By: Councillor Stevens
That Council receive and file the minutes of the Advisory Committees of Council, as presented; and
That Council approve the recommendation of the Niagara District Airport Commission Board to appoint Brian Simpson to the Niagara District Airport Commission as noted in the Niagara District Airport Commission's minutes of February 16, 2017.
Carried
15. | Adjournment |
Seconded By: Councillor Kushner
That, there being no further items of business, this meeting be adjourned at 11:06 p.m.
Carried
Certified Correct:Confirmed by:
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City ClerkMayor