The Corporation of the City of St. Catharines

REGULAR COUNCIL MINUTES

Monday, May 07, 2018

Mayor Sendzik presented a verbal report on matters of community interest. Follow this link, Mayor's Report for May 7, 2018, to view the pre-recorded report, which is also available in the Garden City Current.

The Clerk advised of the following amendments to the Agendas:

         Additional correspondence from Planning and Building Services, memo regarding a correction to Report PBS-099-2018 (Council Agenda Item 5.1)

         Additional correspondence from Parks, Recreation and Culture Services, memo regarding Lock One Greater Niagara Circle Route Extension (Council Agenda Item 8.2)

         Additional correspondence from Burgoyne Bridge Replacement Project Taskforce Chair and Vice-Chair, letter regarding a request for an investigation

         Additional correspondence from Deputy CAO, memo regarding Burgoyne Bridge Follow up to Niagara Region Burgoyne Bridge Task Force Discussion

Moved By:  Councillor Haywood

Seconded By:  Councillor Stevens

That Council adopt the agendas for the meeting of May 7, 2018, as amended.

Carried as Amended

Moved By:  Councillor Harris

Seconded By:  Councillor Garcia

That Council adopt the minutes of the meeting of Council held on Monday, April 23, 2018.

Carried

Moved By:  Councillor Harris

Seconded By:  Councillor Garcia

That Council adopt the minutes of the General Committee meeting held on Monday, April 23, 2018.

Carried

There were none declared.

Council held a public meeting respecting the adoption of Official Plan Amendment 19 to implement the GO Transit Station Secondary Plan and approval of the GO Transit Station Secondary Plan Urban Design Guidelines. This public meeting was a continuation of the public meeting which was held and adjourned on April 23, 2018.

The Director of Planning and Building Services, Jim Riddell, provided an overview of the purpose of the secondary plan and outlined how comments received during the April 23, 2018 public meeting, have been addressed.

No persons registered with the Office of the City Clerk to be heard. The Mayor asked if anyone in attendance wished to speak in opposition to the proposal. No one came forward to speak.

The Mayor then asked if anyone in attendance wished to speak in support of the application. No one came forward to speak.

The Mayor asked the Director of Planning and Building Services if he had any closing comments. Mr. Riddell had no comments.

Staff answered questions from Council regarding traffic studies, proposed building heights, and commercial-residential mixed-uses.

City Council reconvened.

Moved By:  Councillor Siscoe

Seconded By:  Councillor Sorrento

That Council close the Public Meeting with respect to the GO Transit Station Secondary Plan.

Carried

The Mayor announced the public meeting was closed and advised that persons wishing to receive notice of Council's decision should submit a written request to the Office of the City Clerk.

Moved By:  Councillor Stevens

Seconded By:  Councillor Kushner

That Council adopt Official Plan Amendment No.19 to approve and implement the GO Transit Station Secondary Plan as set out in Appendix 2, on the basis that it is consistent with the Provincial Policy Statement, and conforms with and does not conflict with Provincial Land Use Plans and the Niagara Region Official Plan; and

That Council approve the GO Transit Station Secondary Plan Urban Design Guidelines as set out in Appendix 3; and

That the Mayor and City Clerk be authorized to execute the necessary By-laws to give effect to Council’s decision; and

That a record be compiled and forwarded to Niagara Region, the approval authority, including the prescribed information and material, pursuant to the Planning Act, R.S.O. 1990, C.P. 13; and

That the Notice of Adoption required by the Planning Act, R.S.O. 1990, C.P. 13, be processed by staff; and

That the Notice of Adoption include a statement that public input has been received, considered and has informed the decision of Council; and

That Council authorize the City Solicitor or her designate and city staff, as appropriate, to attend any LPAT hearing in support of Council’s decision in the event of an appeal; and

That Council direct staff to prepare an amendment to the City’s Comprehensive Zoning By-law 2013-283 to implement and give effect to Official Plan Amendment 19; and

That Council direct the Budget Standing Committee to consider the Timing of Planned Improvements, attached as Appendix 4, during current and future budget deliberations; and

That Council request Regional Council to consider during current and future budget deliberations the Timing of Planned Improvements, attached as Appendix 4; and

Further that the Clerk be directed to make all necessary notifications.

Yeas: Councillors Stevens, Sorrento, Siscoe, Kushner, Haywood, Harris, Garcia, Elliott, Britton, Bellows, Williamson, and Mayor Sendzik

Nays:

Carried

Moved By:  Councillor Siscoe

Seconded By:  Councillor Elliott

That Council receive and refer the delegation from Bernie Slepkov for consideration during Council Agenda Item 8.1.

Carried

Ms. Foster and Mr. Mahony presented to Council as representatives of the Accessibility Advisory Committee. The presentation focused on the diversity of disabilities, the City's successes from 2017, and work still required to increase accessibility in the community, including additional funding for para-transit to meet increased demand.

Moved By:  Councillor Stevens

Seconded By:  Councillor Elliott

That Council receive and refer the delegation from Diane Foster and Bob Mahony for consideration during General Agenda Item 4.1.

Carried

There were none.

Council then proceeded to Council Agenda Item 10.

Moved By:  Councillor Siscoe

Seconded By:  Councillor Haywood

WHEREAS the Great Pacific Garbage Patch - 1 of 5 worldwide - was recently recalculated at as much as 16 times the size previously thought, twice the area of Texas, three times that of France, and growing exponentially; and

WHEREAS Catherine McKenna, Federal Environmental Minister announced Canada’s plans to lead global conversations on cutting plastic waste at the 2018 G7 leaders’ summit; and

WHEREAS Ontario recently passed the Waste-Free Ontario Act to increase resource recovery and move towards a circular economy making producers responsible for end-of-life management of their products and packaging; and

WHEREAS Ontario’s new waste framework encourages businesses to create sustainable goods that are reusable, compostable or recyclable, support provincial efforts to reduce avoidable waste and fight climate change; and

WHEREAS Starbucks is committing $10M towards a three-year program backing entrepreneurs working on the creation of disposable cups with a liner that is easier for municipalities to recycle; and

WHEREAS plastic bottles made of polyethylene terephthalate (PET) are 100% recyclable and can be recycled many times over into new products and packaging such as recycled plastic bottles, clothing, rope, auto parts and household furnishings; and

WHEREAS Ontario’s Blue Box program captures roughly 80% of all PET bottles disposed of at single-family homes, which are one of the most valuable commodities in the Blue Box; and

WHEREAS food waste, which tends to contaminate other waste streams, is estimated to have a recovery rate of about 40%; and

WHEREAS Niagara Region’s responsibilities are mainly region-wide waste collection and management; and

WHEREAS the present St. Catharines Council committed to becoming internationally recognized as the most dynamic, innovative, sustainable and livable city in North America; and

WHEREAS other Ontario municipalities have passed motions to promote the drinking of safe tap water, improve access to safe, clean water stations in public facilities, increase public recycling bins, and provide consumers with the choice of drinking options; and

WHEREAS the City of St. Catharines banned bottled water at municipal facilities in 2012 where there is easy access to tap water; and

WHEREAS at Mayor Sendzik’s behest, Council re-committed to fulfilling prior poorly implemented motions regarding bottled water at municipal facilities; and

WHEREAS an amendment to that motion called for the development of strategies and comprehensive plans for implementation; and

THEREFORE BE IT RESOLVED that the City of St. Catharines establish a steering committee mandated to research, devise and recommend broad-based, impactful strategies for educating and engaging residents, businesses and institutions in actively preventing avoidable waste; and 

BE IT FURTHER RESOLVED that staff investigate the feasibility of a full-time city staff position be established for a Community Waste Officer responsible for:

         providing staff support to the waste committee;

         providing framework for community consultation;

         implementing institutional and municipal waste auditing; and

         liaising and lobbying all levels of government for legislative policies deemed essential to the objectives of preventing avoidable wastes and enabling alternatives; and

BE IT FURTHER RESOLVED that staff investigate federal, provincial or regional funding programs and potential partnerships with the Niagara Region; and

BE IT FURTHER RESOLVED that the Green Advisory Committee and Clean City Advisory Committee be consulted in these investigations.

Yeas: Councillors Siscoe, Sorrento, Stevens, Bellows, Britton, Elliott, Garcia, Harris, Haywood, and Mayor Sendzik

Nays: Councillor Kushner

Carried as Amended

Moved By:  Councillor Britton

Seconded By:  Councillor Stevens

BE IT RESOLVED that the City of St. Catharines requests that the Region of Niagara release the funds for the Lock One Greater Niagara Circle Route (GNCR) extension project from the GNCR Reserve.

Yeas: Councillors Britton, Bellows, Elliott, Garcia, Harris, Haywood, Kushner, Siscoe, Sorrento, Stevens, and Mayor Sendzik

Nays:

Carried

Moved By:  Councillor Sorrento

Seconded By:  Councillor Kushner

WHEREAS St. Catharines will be one of the first Ontario communities to have a legal Cannabis Sales outlet, as chosen by the Ontario Government; and

WHEREAS the Association of the Municipalities of Ontario (AMO) has forecast a substantial increase of cost to Policing, By-Law Enforcement, Public Health, and other Services, with these costs being largely borne by Municipal Taxpayers; and

WHEREAS the Government of Canada has promised 75% of Federal Revenues derived from the sale of Cannabis shall be shared with Provinces and Territories;

THEREFORE BE IT RESOLVED that Council direct staff to seek cannabis excise tax revenues to cover any additional costs of Regional policing and City by-law enforcement; and

BE IT FURTHER RESOLVED that the Region of Niagara be made aware of possible additional policing costs for the City of St. Catharines and that all four local MPPs, MPs, Regional Council, the Police Service Board, Provincial leaders of the Opposition, the Premier, and Minister of Finance be informed of this motion.

Yeas: Councillors Sorrento, Stevens, Bellows, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Siscoe, and Mayor Sendzik

Nays:

Carried

Moved By:  Councillor Siscoe

Seconded By:  Councillor Sorrento

WHEREAS it is deemed desirable to issue debentures in the amount of $16,523,730 in accordance with the terms of the various authorizing by-laws applicable to such expenditures;

THEREFORE BE IT RESOLVED by the Council of the Corporation of the City of St. Catharines that the City Clerk be and is hereby directed to request the Council of the Regional Municipality of Niagara to issue debentures, on behalf of the City, in the amount of $16,523,730; and

BE IT FURTHER RESOLVED that the City Clerk and Treasurer be and are hereby directed to make available to the Regional Municipality of Niagara certified copies of all By-laws and Orders of the Ontario Municipal Board applicable and all other information required in this connection, to ensure the issue of the said debentures in the amount of $16,523,730.

Yeas: Councillors Siscoe, Bellows, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Sorrento, Stevens, and Mayor Sendzik

Nays:

Carried

Moved By:  Councillor Garcia

Seconded By:  Councillor Harris

BE IT RESOLVED that the Organizational Effectiveness Task Force Terms of Reference be amended to include the Deputy Chief Administrative Officer as a staff liaison.

Carried

Vote was taken by a show of hands.

Council then proceeded to General Committee Agenda Item 5.

Moved By:  Councillor Haywood

Seconded By:  Councillor Stevens

That City Council reject the request from members of the Burgoyne Bridge Task Force to investigate an investigation of an investigation into the costs of the Niagara Region Burgoyne Bridge replacement project; and

That City Council affirms its confidence in the City of St. Catharines professional public servants; and

That City Council reaffirms its support of the ongoing audit of the Burgoyne Bridge, as committed in the April 2016 motion of Council offering full cooperation to the Niagara Region forensic audit of the Burgoyne Bridge replacement project; and

Further that this motion be shared with Niagara Regional Council.

...

That Council suspend the rules in accordance with Procedural By-law 2015-170 (as amended by By-law 2016-207), article A4 Suspension of the Rues, to allow the motion to be considered at the Regular meeting of May 7, 2018.

Carried

Councillor Britton requested that the motion be split and voted on in two parts.

Part One

That City Council reject the request from members of the Burgoyne Bridge Task Force to investigate an investigation of an investigation into the costs of the Niagara Region Burgoyne Bridge replacement project.

Yeas: Councillors Bellows, Elliott, Garcia, Harris, Haywood, Kushner, Siscoe, Sorrento, Stevens, and Mayor Sendzik

Nays: Councillor Britton

Carried

Part Two

That City Council affirms its confidence in the City of St. Catharines professional public servants; and

That City Council reaffirms its support of the ongoing audit of the Burgoyne Bridge, as committed in the April 2016 motion of Council offering full cooperation to the Niagara Region forensic audit of the Burgoyne Bridge replacement project; and

Further that this motion be shared with Niagara Regional Council.

Yeas: Councillors Haywood, Kushner, Harris, Garcia, Elliott, Britton, Bellows, Siscoe, Sorrento, Stevens, and Mayor Sendzik

Nays:

Carried

City Council recessed at 7:25 p.m. and General Committee convened.

Moved By:  Councillor Stevens

Seconded By:  Councillor Siscoe

That Council does now reconvene from the In-Camera meeting; and

That Council approve the Staff Recommendation contained in the report from Financial Management Services, dated April 5, 2018, regarding a license; and

That the City Solicitor be directed to prepare the necessary documents and by-laws.

Carried

Moved By:  Councillors Elliott

Seconded By:  Councillors Bellows

That Council approve the Staff Recommendation contained in the report from Financial Management Services, dated April 5, 2018, regarding a property license, Realty File No. 06-15; and

That the City Solicitor be directed to prepare the necessary documents and by-laws.

Carried

Moved By:  Councillor Kushner

Seconded By:  Councillor Britton

That Council approve the Staff Recommendation contained in the report from Financial Management Services, dated April 19, 2018, regarding a property Lease, Realty File No. 18-002; and

That the City Solicitor be directed to prepare the necessary documents and by-laws.

Carried

Moved By:  Councillor Garcia

Seconded By:  Councillor Haywood

That Council adopt those items approved FORTHWITH by the General Committee on Monday, May 7, 2018.

Carried

Moved By:  Councillor Sorrento

Seconded By:  Councillor Siscoe

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. 2018-111 A By-law to authorize a contract with Gauboc Construction Limited. (One reading - with respect to 2018 Sidewalk Repair Program, under Project No. P18-040, and renewal for 2019 and 2020. Delegation By-law No. 2004-277, as amended.)  File: 18.45.256

By-law No. 2018-112 A By-law to authorize a contract with Springside Paving Ltd. (One reading - with respect to 2018 Asphalt Patching, under Project No. P18-091, and renewal for 2019 and 2020. Delegation By-law No. 2004-277, as amended.) File: 18.20.205

By-law No. 2018-113 A By-law to authorize a tender award to Archer Truck Services Limited. (One reading - with respect to purchase of a Single Axle Truck with Dump Body and Underslung Plow, under RFT 18-18. Delegation By-law No. 2004-277, as amended.)  File: 68.81.99

By-law No. 2018-114 A By-law to authorize the release of an agreement over certain lands municipally known as 281 Martindale Road. (One reading - with respect to release of Development Agreement. Delegation By-law No. 2004-277, as amended.)  File: 60.53.99

By-law No. 2018-115 A By-law to remove certain lands from part lot control. (One reading - with respect to 19, 24, 32 and 40 Manhattan Court. Delegation By-law No. 2004-277, as amended.)  File: 60.48.99

By-law No. 2018-116 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. 2018-117 A By-law to authorize an Amendment No. 1 to the Hardware Rental, Software License and Services Agreement with Dominion Voting Systems Corporation. (One reading - with respect to removal of the tabulator rental from the agreement for the October 2018 Election. General Committee, November 27, 2017, Item No. 4.7.) File: 10.50.6

By-law No. 2018-118 A By-law to authorize a Voting Technology Lease Agreement with Her Majesty the Queen in Right of Ontario as represented by the Chief Electoral Officer of Ontario. (One reading - with respect to tabulator rental for the 2018 Election. General Committee, November 27, 2017, Item No. 4.7.) File: 10.50.6

By-law No. 2018-119 A By-law to provide for the adoption of an amendment to the Official Plan of St. Catharines. (One reading - with respect to Port Dalhousie Commercial Core and Harbour Area Secondary Plan. General Committee, May 7, 2018, Item No. 3.2.) File: 60.30.339

By-law No. 2018-120 A By-law to designate the Port Dalhousie Commercial Core and Harbour area of the City of St. Catharines as a heritage conservation district under Part V of the Ontario Heritage Act and to adopt a heritage conservation district plan. (One reading - with respect to Port Dalhousie Commercial Core and Harbour Area Heritage Conservation District. General Committee, May 7, 2018, Item No. 3.2.) File: 10.64.186, 60.2.69

By-law No. 2018-121 A By-law to provide for the adoption of an amendment to the Official Plan of St. Catharines. (One reading - with respect to GO Transit Station Secondary Plan. Council, May 7, 2018, Item No. 5.1.) File: 60.33.190

By-law No. 2018-122 A By-law to provide for the setting and levying of rates of taxation for City purposes for the year 2018, and to provide for the payment of taxes after interim taxes. (One reading - with respect to the 2018 Tax Rates. General Committee, May 7, 2018, Item No. 4.2.) File: 10.57.12

By-law No. 2018-123 A By-law to confirm the proceedings of council at its meeting held on the 7th day of May, 2018. (One reading - with respect to confirming the proceedings of the meeting held on May 7, 2018.) File: 10.12.1

Carried

Moved By:  Councillor Sorrento

Seconded By:  Councillor Siscoe

That the following additional by-laws 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. 2018-124 A By-law to authorize an extension of the Joint Use and Maintenance Agreement with 2440386 Ontario Inc. and RICC Inc., operating as Royal Imperial Collegiate of Canada. (One reading - with respect to the baseball diamonds and parking lot at 10 Seymour Avenue. Council, May 7, 2018, Item No. 11.1.) File: 16.19.99

By-law No. 2018-125 A By-law to authorize a Licence Agreement with Ausmosis Enterprises Inc. (One reading - with respect to operation of the Lakeside Park Concession for the 2018, 2019 and 2020 summer seasons. Council, May 7, 2018, Item No. 11.2.) File: 16.19.99

By-law No. 2018-126 A By-law to amend By-law No. 2004-277 entitled “A By-law to authorize delegation of certain matters to staff.” (One reading - with respect to Lease and Licence Agreements regarding City’s facilities and properties with rental charge under $10,000.00. Council, May 7, 2018, Item No. 11.2.) File: 16.19.99

By-law No. 2018-127 A By-law to authorize a Lease Agreement with Dr. Joseph Perlino. (One reading - with respect to use of space within the Seymour-Hannah Sports & Entertainment Centre at 240 St. Paul Street West. Council, May 7, 2018, Item No. 11.3.) File: 16.19.99

Carried

Moved By:  Councillor Bellows

Seconded By:  Councillor Haywood

That Council receive and file the minutes of the Advisory Committees of Council, as presented.

Carried

Moved By:  Councillor Britton

Seconded By:  Councillor Kushner

That, there being no further items of business, this meeting be adjourned at 10:15 p.m.

Carried