The Corporation of the City of St. Catharines
REGULAR COUNCIL MINUTES
Monday, May 29, 2017
Present: | Mayor Walter Sendzik Councillors Sandie Bellows, Mike Britton, Mark Elliott, N. Carlos Garcia (left at 9:57 p.m.), 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 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 Stacey Wells, Deputy City Clerk Deanna Haine, Council and Committee Coordinator |
Mayor Sendzik took the chair and called the meeting to order in Council Chambers at 6:48 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 May 29, 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 that the Recommendation in the Council Correspondence report, Item 4.7 on the General Committee Agenda, is to be amended to include the following clause:
“That Council refer to staff for a report Sub-item 1, a resolution from the City of Welland, and the related Sub-item 6, a letter from the Town of Fort Erie, regarding changes to the proposed 2017 Region of Niagara Development Charges By-law.”
Seconded By: Councillor Sorrento
That Council adopt the agendas for the meeting of May 29, 2017, as amended.
Carried as Amended
3. | Adoption of the Minutes (Council and General Committee) |
3.1. |
Seconded By: Councillor Garcia
That Council adopt the minutes of the Special meeting of Council held on Monday, May 1, 2017. FORTHWITH
Carried
3.2. |
Seconded By: Councillor Garcia
That Council adopt the minutes of the meeting of Council held on Monday, May 8, 2017. FORTHWITH
Carried
3.3. |
Seconded By: Councillor Garcia
That Council adopt the minutes of the General Committee meeting held on Monday, May 8, 2017. FORTHWITH
Carried
4. | Declarations of Interest |
None were declared.
5. | Public Meetings Pursuant to Planning Act |
There were none.
6. | Delegations |
6.1. | Shelley Stewart and Diane Foster, Accessibility Advisory Committee Co-chairpersons Re: Accessibility Plan 2016 Year-End Report |
Shelley Stewart and Diane Foster, Accessibility Advisory Committee Co-chairpersons, presented the Accessibility Plan 2016 Year-End Report to Council and spoke of the Committee's achievements.
Seconded By: Councillor Bellows
That Council receive and refer the presentation by Shelley Stewart and Diane Foster, Accessibility Advisory Committee Co-chairpersons, regarding the Accessibility Plan 2016 Year-End Report, to General Committee for consideration later this evening (see General Committee, May 29, 2017, Item 4.1).
Motion to Refer Carried
6.2. | Bill Schenck and Tim Rigby, Representatives of Canadian Henley Rowing Corporation and St. Catharines World Rowing, and Doug Hamilton, Chair of 2021 Canada Summer Games Re: 2020 World Rowing Senior and Junior Championships |
Bill Schenck and Tim Rigby, Representatives of Canadian Henley Rowing Corporation and St. Catharines World Rowing, and Doug Hamilton, Chair of 2021 Canada Summer Games, advised Council that they would not be going forward with their bid for the 2020 Games primarily due to protocols that exist at the Provincial and Federal levels. Mr. Rigby stated they cannot put in place the guarantee FISA is expecting for this endeavour.
Seconded By: Councillor Phillips
That Council receive and refer the presentation by Bill Schenck and Tim Rigby, Representatives of Canadian Henley Rowing Corporation and St. Catharines World Rowing, and Doug Hamilton, Chair of 2021 Canada Summer Games, regarding the 2020 World Rowing Senior and Junior Championships, to General Committee for consideration later this evening (see General Committee, May 29, 2017, Item 3.2).
Motion to Refer Carried
Kaleb Schriefer, Representative of Niagara Farm Project Re: Requirements to be Declared a Bee City |
Kaleb Schriefer, Rene Delaney and B, representatives of Niagara Farm Project, a not-for-profit organization, addressed Council regarding the requirements to be declared a Bee City. They asked Council to support the submission of the application and advised this process requires an annual report. They stated they are not asking for money and would like to work as a team to ensure the continuance of pollinator gardens.
Seconded By: Councillor Haywood
That Council receive and refer the presentation by Kaleb Schriefer, Rene Delaney and B, representatives of Niagara Farm Project, regarding the requirements to be declared a Bee City, to General Committee for consideration later this evening (see General Committee, May 29, 2017, Item 4.3).
Motion to Refer Carried
6.4. | Elizabeth Thiessen Re: Second Supplemental Report - Proposed Amendment to Zoning By-law 2013-283, 115 Martindale Road, 117 Martindale Road, and 14 Grapeview Drive, Sante Aceti, Owner; Chris Millar, Agent |
Elizabeth Thiessen, on behalf of the area residents, addressed Council regarding the second supplemental report for the proposed amendment to Zoning By-law 2013-283 at 115 Martindale Road, 117 Martindale Road and 14 Grapeview Drive. She stated the following: the area residents feel the proposed building of three stories is unsuitable to the surrounding neighbourhood; they are opposed to commercial traffic being directed onto Grapeview Drive; they consider a parking lot located directly across from the residential homes to be undesirable; they believe commercial development on this property is not suitable; and the single access continues to be an issue. She stated the residents find Option 3, Retention of Residential Zoning on Grapeview Drive, is not their first choice, but, if Council passes this application, this is the best alternative.
Seconded By: Councillor Phillips
That Council receive and refer the presentation by Elizabeth Thiessen regarding the second supplemental report for the proposed amendment to Zoning By-law 2013-283 at 115 Martindale Road, 117 Martindale Road and 14 Grapeview Drive, to General Committee for consideration later this evening (see General Committee, May 29, 2017, Item 3.1).
Motion to Refer Carried
6.5. | Chris Millar, Agent, and Sante, Ray and Ada Aceti, Owners / Applicants Re: Second Supplemental Report - Proposed Amendment to Zoning By-law 2013-283, 115 Martindale Road, 117 Martindale Road, and 14 Grapeview Drive, Sante Aceti, Owner; Chris Millar, Agent |
Chris Millar, Agent, and Sante, Ray and Ada Aceti, Owners / Applicants, addressed Council regarding the second supplemental report for the proposed amendment to Zoning By-law 2013-283 at 115 Martindale Road, 117 Martindale Road and 14 Grapeview Drive. They stated staff continue to support the application, compromises have been made, and residential units will be included on the site. Mr. Millar and the Acetis asked for Council's support for Option 2.
Seconded By: Councillor Stevens
That Council receive and refer the presentation by Chris Millar, Agent, and Sante, Ray and Ada Aceti, Owners / Applicants, regarding the second supplemental report for the proposed amendment to Zoning By-law 2013-283 at 115 Martindale Road, 117 Martindale Road and 14 Grapeview Drive, to General Committee for consideration later this evening (see General Committee, May 29, 2017, Item 3.1).
Motion to Refer Carried
Council resolved into General Committee at 8:09 p.m. for the consideration of Item 3.1. Council reconvened at 8:34 p.m., resuming with Item 7.
7. | Presentations |
There were none.
8. | Call for Notices of Motion |
8.1. | Council's Loyalty to Residents Councillor Kushner advised the members of Council that he would present the following motion at the meeting of June 12, 2017:
Whereas members of Council are elected by the citizens of St. Catharines;
Therefore Be It Resolved that our loyalty be to our residents and not to ‘unconflicted loyalty’ to the boards or commissions that we are appointed to; and
Be It Further Resolved that the intent of the motion be referred to the integrity commissioner for possible inclusion in the City’s Code of Conduct. |
9. | Motions |
9.1. | Reports for In-Camera Session |
Seconded By: Councillor Britton
Whereas reports provided to City Council in open session are written and provided to Council and the public at large 10 days prior to the meeting of Council;
Whereas the Municipal Act requires all meetings of Council to be open to the public save and except for the requirements listed in s.239;
Whereas the use of verbal reporting in closed session has become more common to the detriment of Council’s ability to review the matter beforehand and corporate record keeping abilities;
Therefore Be it Resolved that all reports provided to City Council during in-camera sessions of Council be a written document (memo or report format) and provided to City Council in a manner that promotes Council’s ability to familiarize themselves with the material prior to the meeting; and
That those documents be published no later than the timeline outlined in Section B13, of the City of St. Catharines Procedural By-law; and
Further, that should a closed session verbal report be required for reasons of urgency, a memo be provided to City Council at the next meeting of Council that captures the contents of the verbal report to strengthen the City’s corporate record keeping ability in relation to Council decisions.
...
That Council refer the motion to staff for a report on how this may change the current procedures regarding In-Camera reports and any issues that may arise as a result of this motion and how the security of the information can be maintained.
Yeas: Councillor Siscoe and Mayor Sendzik
Nays: Councillors Stevens, Williamson, Bellows, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, and Sorrento
Lost
Council now voted on the original motion.
Yeas: Councillors Stevens, Williamson, Bellows, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, Sorrento, and Mayor Sendzik
Nays: Councillor Siscoe
Carried
9.2. | Special In-Camera Meeting and Special Meeting of Council |
Seconded By: Councillor Williamson
That Council direct staff to schedule a Special Meeting of Council to be held June 7, 2017, at 3:30 p.m. to conduct a Council / staff workshop to consider the Strategic Plan; and
That Council direct staff to schedule a Special In-Camera meeting, to be held on June 12, 2017, at 5:30 p.m. to 6:30 p.m. for the purpose of receiving advice that is subject to solicitor-client privilege, including communications necessary for that purpose, as it relates to the expropriation file for 240-246 St. Paul Street.
Yeas: Councillors Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, Bellows, Britton, Elliott, Garcia, Harris, and Mayor Sendzik
Nays:
Carried as Amended
9.3. | Appointment of Deputy Treasurer |
Seconded By: Councillor Siscoe
That Council appoint Ms. Kristine Douglas as Deputy Treasurer; and
That Ms. Douglas have all of the powers and duties of the treasurer under the Municipal Act, 2001, c.25, s. 286 (2) or any other Act; and
That the City Solicitor be directed to prepare the necessary by-law.
Yeas: Councillors Phillips, Siscoe, Sorrento, Stevens, Williamson, Bellows, Britton, Elliott, Garcia, Harris, Haywood, Kushner, and Mayor Sendzik
Nays:
Carried
9.4. | Establishing a By-law to Regulate and License Locations for Sale of Medicinal Cannabis |
Seconded By: Councillor Haywood
WHEREAS the Federal Government and Courts have already legalized the use of cannabis for medicinal purposes, and some Canadian Municipalities have established municipal by-laws to regulate the location and land use issues related to medical cannabis dispensaries; and
WHEREAS it is the Federal Government’s intention to make recreational use of cannabis legal July 1, 2018; and
WHEREAS municipalities have the right to establish business licensees and regulations;
THEREFORE BE IT RESOLVED that staff be directed to prepare a report on how the City of St. Catharines would go about establishing a by-law to regulate and license locations for the sale of medicinal cannabis, modelled after by-laws in the City of Vancouver and City of Victoria;
BE IT FURTHER RESOLVED that the report should deal with medicinal cannabis specifically, but should incorporate the possibility of sale of legal recreational use of cannabis in the future;
BE IT FURTHER RESOLVED that the report should consider issues such as (but not limited to) signage, fees, location, distance from competing operations, distances from public facilities (i.e. schools, community centres, recreational centres), ownership, number of outlets with same ownership, video monitoring, availability of medical consultations from the outlet, labeling and testing of products, and the sale of cannabis and edibles and oils;
BE IT FURTHER RESOLVED that Council direct staff to prepare a separate report regarding methadone.
Yeas: Councillors Siscoe, Sorrento, Stevens, Williamson, Bellows, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, and Mayor Sendzik
Nays:
Carried as Amended
10. | Resolve into General Committee |
City Council recessed at 9:07 p.m. and General Committee reconvened. General Committee adjourned at 10:33 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 at hand.
Councillor Garcia left the meeting prior to the In-Camera session and therefore was not present for the votes.
11.1. | In-Camera Agenda Item 2.1 Financial Management Services, Property Management Property Matter - Lease, Realty File No. 78-48 |
Moved By: Councillor Williamson
Seconded By: Councillor Phillips
That Council does now reconvene from the In-Camera session; and
That Council direct staff to proceed as discussed In-Camera respecting the report from Financial Management Services, dated May 3, 2017, regarding a property lease, Realty File 78-48; and
That the City Solicitor be directed to prepare the necessary documents and by-laws.
Yeas: Councillors Williamson, Bellows, Britton, Elliott, Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, and Mayor Sendzik
Nays:
Carried
11.2. | In-Camera Agenda Item 2.2 Financial Management Services, Property Management Property Matter - Lease, Realty File No. 85-027 |
Seconded By: Councillor Phillips
That Council direct staff to proceed as discussed In-Camera respecting the report from Financial Management Services, dated May 9, 2017, regarding a property lease, Realty File No. 85-027; and
That staff report back on the two options as directed by Council.
Yeas: Councillors Kushner, Phillips, Siscoe, Sorrento, Williamson, Bellows, Britton, Elliott, Haywood, and Mayor Sendzik
Nays: Councillors Stevens and Harris
Carried
11.3. | In-Camera Agenda Item 2.3 Parks, Recreation and Culture Services, Director Further Verbal Report - Property Matter - Niagara River Lions Licence
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Seconded By: Councillor Siscoe
That Council receive the verbal report from Parks, Recreation and Culture Services regarding a property matter respecting the Niagara River Lions licence agreement.
Yeas: Councillors Britton, Elliott, Harris, Haywood, Kushner, Phillips, Siscoe, Sorrento, Stevens, Williamson, Bellows, and Mayor Sendzik
Nays:
Carried
11.4. | In-Camera Agenda Item 2.4 Commissioner of Operations Property Matter - Port Dalhousie Piers and Harbour Assets Divestiture |
Moved By: Councillor Williamson
Seconded By: Councillor Phillips
That Council direct staff to proceed as discussed In-Camera respecting the report from the Commissioner of Operations, dated May 19, 2017, regarding the Port Dalhousie piers and harbour assets divestiture property matter; and
That staff be directed to continue to negotiate.
Yeas: Councillors Williamson, Bellows, Britton, Elliott, Harris, Kushner, Phillips, Siscoe, Sorrento, and Mayor Sendzik
Nays: Councillors Haywood and Stevens
Carried
11.5. | In-Camera Agenda Item 2.5 Corporate Support Services, Director Human Resources Matter |
Due to the pending curfew during closed session, this item was deferred to the meeting of June 12, 2017.
12. | Motion to Ratify Forthwith Recommendations |
Seconded By: Councillor Bellows
That Council adopt those items approved FORTHWITH by the General Committee on Monday, May 29, 2017.
Carried
13. | By-laws |
13.1. | Reading of By-laws |
Seconded By: Councillor Kushner
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. 2017-155 A By-law to authorize the execution of resolutions passed at the annual shareholder meeting of St. Catharines Hydro Inc. (One reading - with respect to the annual shareholder meeting of St. Catharines Hydro Inc. of May 29, 2017.) File: 35.60.19
By-law No. 2017-156 A By-law to authorize a Lease Extension Agreement with St. Catharines Female Hockey Association Inc. (One reading - with respect to use of office space in the Seymour Hannah Sports & Entertainment Centre at 240 St. Paul Street West. Delegation By-law No. 2004-277, as amended.) File: 16.19.99, 68.32.147
By-law No. 2017-157 A By-law to authorize a contract with Gauboc Construction Limited. (One reading - with respect to Merritt Street Bridge Railing Replacement, under Project No. P16-120-1. Delegation By-law No. 2004-277, as amended.) File: 18.45.254
By-law No. 2017-158 A By-law to authorize a contract with Apex Pavement Markings Inc. (One reading - with respect to Supply of Material & Services for Longitudinal Pavement Markings, under Project No. P17-095. Delegation By-law No. 2004-277, as amended.) File: 18.20.204
By-law No. 2017-159 A By-law to authorize a contract with Apex Pavement Markings Inc. (One reading - with respect to Supply of Material & Services for Zone/Hand Markings, under Project No. P17-096. Delegation By-law No. 2004-277, as amended.) File: 18.20.204
By-law No. 2017-160 A By-law to authorize a contract with 1320376 Ontario Ltd. o/a Gen-Pro. (One reading - with respect to Fire Training Tower Rehabilitation, under Project No. P16-152. Delegation By-law No. 2004-277, as amended.) File: 18.20.203
By-law No. 2017-161 A By-law to authorize a contract with Star Tile Centre Limited. (One reading - with respect to Kiwanis Aquatic Centre - Lane Pool Re-Grouting, under Project No. P16-145. Delegation By-law No. 2004-277, as amended.) File: 18.20.203
By-law No. 2017-162 A By-law to authorize a Transfer Payment Agreement with Her Majesty the Queen in right of Ontario as represented by the Minister of Infrastructure. (One reading - with respect to funding from the Clean Water and Wastewater Fund (Ontario) for projects to improve water, wastewater, and storm water systems. Delegation By-law No. 2004-277, as amended.) File: 68.81.5
By-law No. 2017-163 A By-law to authorize a Demolition Agreement with Adam Morrison Bride and Jane Elizabeth Perz. (One reading - with respect to demolition of existing single detached dwelling at 59 Rolls Avenue. Delegation By-law No. 2004-277, as amended.) File: 56.49.2
By-law No. 2017-164 A By-law to authorize a Demolition Agreement with Joseph Ferretti and Kathryn Helen Ferretti. (One reading - with respect to demolition of existing single detached dwelling at 1104 Lakeshore Road W. Delegation By-law No. 2004-277, as amended.) File: 56.49.2
By-law No. 2017-165 A By-law to authorize a Servicing Agreement with Grey Forest Homes Ltd. (One reading - with respect to condition of Severance Application B-48/17SC for 265 Linwell Road (1A & 1B Lora Street). Delegation By-law No. 2004-277, as amended.) File: 60.84.99
By-law No. 2017-166 A By-law to authorize a Servicing Agreement with Brook Wellington Teal and Lisa Michele Teal. (One reading - with respect to installation of private sanitary sewer for 29 Power Glen. Delegation By-law No. 2004-277, as amended.) File: 68.81.5
By-law No. 2017-167 A By-law to remove certain lands from part lot control. (One reading - with respect to 19, 21, 23 and 25 Francesco Crescent. Delegation By-law No. 2004-277, as amended.) File: 60.48.99
By-law No. 2017-168 A By-law to remove certain lands from part lot control. (One reading - with respect to 4, 6, 8, 10 and 12 Ellis Avenue. Delegation By-law No. 2004-277, as amended.) File: 60.48.99
By-law No. 2017-169 A By-law to remove certain lands from part lot control. (One reading - with respect to 14, 16, 18, 20, 22 and 24 Ellis Avenue. Delegation By-law No. 2004-277, as amended.) File: 60.48.99
By-law No. 2017-170 A By-law to authorize a Memorandum of Agreement with the St. Catharines Professional Fire Fighters’ Association, Local 485 for the period of 2013-2015. (One reading - with respect to the collective agreement for the years 2013-2015. Council, August 22, 2016, Item No. 11.4 and Board of Arbitration Award, July 22, 2016) File: 10.10.4
By-law No. 2017-171 A By-law to amend By-law No. 2016-228 entitled “A By-law to authorize a Contract for engineering consulting services with Hatch Ltd.” (One reading - with respect to correcting Contractor’s name. General Committee, September 12, 2016, Item No. 4.6.) File: 68.81.99
By-law No. 2017-172 A By-law to amend By-law No. 2013-283 entitled “A By-law to regulate the use of land, the bulk, height, 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 115 Martindale Road, 117 Martindale Road and 14 Grapeview Drive. General Committee, May 29, 2017, Item 3.1.) File: 60.35.1019
By-law No. 2017-173 A By-law to authorize an agreement with GM BluePlan Engineering Limited. (One reading - with respect to engineering services for Study ST14-009 - Inspection and Evaluation of Sewer Manholes and Sewer Mains. General Committee, May 29, 2017, Item 3.3.) File: 68.81.5
By-law No. 2017-174 A By-law to authorize a contract with TAT Construction Ltd. (One reading - with respect to Merritton Community Centre - HVAC Upgrade, under Project No. P14-148. General Committee, May 29, 2017, Item 3.4.) File: 18.20.201
By-law No. 2017-175 A By-law to appoint Kristine Douglas as Deputy Treasurer. (One reading - with respect to appointment. Council, May 29, 2017, Item 9.3.) File: 10.10.1
By-law No. 2017-176 A By-law to confirm the proceedings of council at its meeting held on the 29th day of May, 2017. (One reading - with respect to confirming the proceedings of the meeting held on May 29, 2017.) File: 10.12.1
Carried
13.2. | Reading of Additional By-law |
Seconded By: Councillor Elliott
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. 2017-177 A By-law to authorize a Lease Agreement with The Port Dalhousie Lawn Bowling Club. (One reading - with respect to operation of a lawn bowling club at 24 Verdun Avenue. Council, May 29, 2017, Item 11.1.) File: 16.19.99
Carried
14. | Agencies, Boards, Committee Reports |
Seconded By: Councillor Williamson
That Council receive and file the minutes of the Advisory Committees of Council, as presented. FORTHWITH
Carried
15. | Adjournment |
Seconded By: Councillor Kushner
That, there being no further items of business, this meeting be adjourned at 10:40 p.m.
Carried
Certified Correct:
__________________________________________________ City Clerk |
Confirmed by:
__________________________________________________ Mayor |