The Corporation of the City of St. Catharines REGULAR COUNCIL MINUTES Monday, October 06, 2014
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1 The Corporation of the City of St. Catharines REGULAR COUNCIL MINUTES Monday, October 06, 2014 Present: Absent: Officials Present: Mayor Brian McMullan Councillors Dawn Dodge, Mark Elliott, Joseph Kushner, Matt Harris, Laura Ip, Bill Phillips, Mathew Siscoe, Len Stack, Jennifer Stevens, and Bruce Williamson Councillors Jeff Burch and Peter Secord Dan Carnegie, Chief Administrative Officer Shelley Chemnitz, Commissioner of Corporate Services Bryan Shynal, Commissioner of Operations Nicole Auty, Director of Legal and Clerks Services/City Solicitor Jim Riddell, Director of Planning and Development Services Kristine Douglas, Director of Financial Management Services Dan Dillon, Director of Transportation and Environmental Services Dave Wood, Acting Director of Fire and Emergency Management Services Heather Salter, Deputy City Solicitor / Deputy City Clerk Carol Coull, Council Coordinator Mayor McMullan took the chair and called the meeting to order in Council Chambers at 6:31p.m. 1. Invocation The meeting opened with an Invocation by Councillor Siscoe 2. Opening Remarks, Mayor McMullan Mayor McMullan gave a verbal report on matters of community Interest 2.1. Request for a Delegation / Presentation Moved By: Councillor Williamson Seconded By: Councillor Kushner That Ed Smith be permitted to address Council regarding plans for the future of Port Dalhousie.
2 3. Presentations 3.1. Delegation by Ed Smith Chair, Port Dalhousie Works Committee; Re: A Future Plan for Port Dalhousie Ed Smith, Woody Nickerson and Jeff Mackie addressed Council, on behalf of the citizens group, Port Dalhousie Works Committee, encouraging Council to adopt a short term plan and implement a long term investment strategy for improvements to Port Dalhousie. Mr. Smith provided the following suggestions for consideration as the City's short term plan: improved heritage signage addition of flower boxes along walkways and hanging planters rebuild the retaining wall at the corner of Lock Street and Main Street restore and utilize the Lock Tender's Shanty rezone the Dalhousie House property to permit commercial and/or other uses replace the existing chain link fencing with wrought iron develop a plan for public access to the inner lighthouse rehabilitate Abbey Mews Park Mr. Smith introduced the following items for consideration as the City's long term plan: rehabilitation of Lock 1 Canal 2 protect the tree canopy by establishing by-laws create a plan for the preservation and utilization of the outer lighthouse rehabilitation of the harbour area behind the Legion encourage Hydro to bury overhead wires replace highway barriers on residential streets Moved By: Councillor Williamson Seconded By: Councillor Phillips That Council move to approve the presentation by Ed Smith, Chair of the Port Dalhousie Works Committee, and request that consideration of the items noted be included in the 2015 Budget planning process in order to prepare Old Port Dalhousie for the 2015 PanAm Games. YEAS: Councillors Williamson, Dodge, Elliott, Harris, Ip, Kushner, Phillips, Siscoe, Stack, Stevens and Mayor McMullan NAYS: Page 2 of 12
3 4. Adoption of the Agendas Moved By: Councillor Elliott Seconded By: Councillor Dodge That Council adopt the Agendas for this evening, as amended. (See Council Minutes, October 6, 2014, Item 2.1 and 3.1) 5. Declarations of Interest Councillor Ip declared a Conflict of Interest (Pecuniary) to item 4.1 of General Committee, report from Financial Management Services, Cheque Register Number Nine for cheque number Councillor Ip advised that the cheque is issued to her employer. Councillor Kushner declared a Conflict of Interest (Pecuniary) to Item 4.1 of General Committee, report from Financial Management Services, Cheque Register Number Nine for cheques issued to Brock University, his employer. Councillor Siscoe declared a Conflict of Interest (Pecuniary) to Item 4.1 of General Committee, report from Financial Management Services, Cheque Register Number Nine for cheques issued to Conseil Viamonde, his son's school and the District School Board of Niagara, his other son's school and the Niagara Catholic District School Board, his employer. Councillor Williamson declared a Conflict of Interest (Pecuniary) to Item 4.1 of General Committee, report from Financial Management Services, Cheque Register Number Nine for cheque number Councillor Williamson advised that he is employed by the District School Board of Niagara. 6. Public Meetings Pursuant to Planning Act The Mayor reconvened Council for the public meeting at 7:31 p.m Planning and Development Services, Planning Services Application for Draft Plan of Condominium Approval at 379 Scott Street; Applicant: Niagara Innovative Living Inc.; Agent: Matthews, Cameron, Heywood Surveying Ltd. Council held a public meeting on an application for Draft Plan of Condominium Approval for 379 Scott Street. The Director of Planning and Development Services presented an overview of the property and the application. The Mayor invited members of the public to come forward to address Council on the matter. No one came forward either in opposition to or in support of the application. The Mayor invited the owner / applicant to come forward. Al Heywood, representing the applicant, addressed Council in support of the application and commended Niagara Innovative Living Inc. for their building initiatives in the community. City Council reconvened Page 3 of 12
4 Moved By: Councillor Williamson Seconded By: Councillor Stack That Council, after the Public Meeting scheduled for October 6, 2014, grant draft plan of condominium approval for the lands municipally known as 379 Scott Street, subject to the conditions of Draft Plan of Condominium approval outlined in Appendix 1 of this report; and That the City Clerk be directed to make the necessary Notice of Decision required by the Planning Act, R.S.O. 1990, c.p. 13, as amended; and That after notice of Council s decision has been given, the Director of Planning and Development Services be authorized to endorse the plan as draft approved on the day after the appeal period has expired, in accordance with the Planning Act, provided that no appeals have been lodged; and That upon expiration of the appeal period, the City Clerk be directed to forward an application to the Ontario Municipal Board for approval of the draft plan of condominium, if any appeals are received; and Further, that the City Clerk be directed to make the necessary notifications. FORTHWITH YEAS: Councillors Ip, Kushner, Phillips, Siscoe, Stack, Stevens, Williamson, Dodge, Elliott, Harris and Mayor McMullan NAYS: Seconded By: Councillor Elliott That Council close the public meeting regarding the application for Draft Plan of Condominium approval for 379 Scott Street. The Mayor advised that the public meeting was closed and persons wishing to receive formal notice of Council's decision arising from the public meeting should submit a written request to the Office of the City Clerk. Council recessed at 7:41 p.m. and General Committee reconvened continuing with at Item Adoption of the Minutes 7.1. Nineteenth Meeting of Council held Monday, September 22, 2014 Seconded By: Councillor Phillips Page 4 of 12
5 That Council ratify and adopt the minutes of the Nineteenth meeting of Council held Monday, September 22, Nineteenth Meeting of General Committee held Monday, September 22, 2014 Seconded By: Councillor Williamson That Council ratify and adopt the minutes of the Nineteenth meeting of General Committee held on Monday, September 22, St. Catharines Hydro Inc. Special Shareholders Meeting held Monday, September 22, 2014 Moved By: Councillor Kushner Seconded By: Councillor Elliott That Council ratify and adopt the minutes of the Special Shareholders Meeting of St. Catharines Hydro Inc. held on Monday, September 22, Delegations 8.1. PUBLIC MEETING (Pursuant to Notice By-law , as amended): Proposed By-law to Rename King's Grant Court to Settler Court (see General Committee, October 6, 2014, Item 3.1) Council held a public meeting on a proposed by-law to rename King's Grant Court to Settler Court. The Mayor advised that Public Notice had been published in accordance with the Notice By-law , as amended. Mark Kretz registered in advance of the public meeting and the Mayor invited him to come forward. His comments are outlined below. there is no need to change the name of King's Grant Court residents on the Court are opposed to renaming their street better signage will protect the citizens along with the new GIS system being upgraded by Fire Services in the immediate future staff should review the old GIS data with the new system the name change would be an inconvenience for residents and those owning businesses Page 5 of 12
6 most residents have been on King's Grant Court a long time and have experienced little inconvenience with the similarity to King's Grant Road there are 97 streets in the City of St. Catharines with similar names it would be costly to change all these streets The Mayor invited those present this evening to come forward to address Council. Bob Malyk provided the following comments. urged Council to rename King's Grant Court to Settler Court the safety of the citizens is important mistakes in emergency responses could be devastating realizes that the residents on King's Grant Court would be minimally inconvenienced, Moved By: Councillor Phillips Seconded By: Councillor Dodge That Council receive the presentations on the proposed by-law to change the name of King's Grant Court to Settler Court and refer them to General Committee for consideration later in the evening; and That Council receive two letters signed by the residents of King's Grant Court distributed for the public meeting. Seconded By: Councillor Phillips That Council close the public meeting on the renaming of King's Grant Court to Settler Court PUBLIC MEETING (Pursuant to Notice By-law , as amended): Proposed By-law to Regulate Property Standards and Associated Rates and Fees within the City of St. Catharines and Other Related Matters (see General Committee, October 6, 2014, Item 3.2) Council held a Public Meeting on a proposed by-law to regulate Property Standards and Associated Rates Fees. The Mayor advised that public notice had been published in accordance with Notice By-law , as amended. Page 6 of 12
7 The Mayor advised that no one had registered to speak in advance of the public meeting. He invited anyone present to come forward. No one addressed Council on the matter. Moved By: Councillor Harris Seconded By: Councillor Siscoe That Council refer the public meeting regarding a by-law to regulate Property Standards and Associated Rates and Fees to General Committee for consideration later in the evening. Moved By: Councillor Siscoe Seconded By: Councillor Harris That Council close the public meeting regarding a proposed by-law to regulate Property Standards. 9. Call for Notices of Motion 9.1. GO Rail Expansion Councillor Dodge introduced the following Motion: WHEREAS the private sector, specifically Coach Canada, has announced to its customers plans to eliminate the Hamilton to Niagara Falls bus service; and WHEREAS there has been a reduction in federal funding for regular VIA Rail service which is no longer provided to the Niagara Region; and WHEREAS cuts to environmentally-friendly bus and rail transportation services to and from the Niagara Region will have a negative impact on the region s ability to grow the economy and provide vital commuter and attract tourist traffic from the Greater Toronto area; and WHEREAS the 12 Mayors of the Niagara Region and the Chair of the Region have endorsed expansion of GO Train in Niagara and have developed a business case for the provincial government with an action plan to expand the service. THEREFORE BE IT RESOLVED St. Catharines City Council requests the Premier and the Provincial Government act with urgency and expedite a decision to expand GO Rail services to year-round daily services in the Niagara Region. Page 7 of 12
8 Suspension of Rules October 06, 2014 BE IT FURTHER RESOLVED that the motion, along with a letter from the Mayor s Office and correspondence from Coach Canada, be circulated to mayors and Councils in Niagara s 12 municipalities and the Council of the Regional Municipality of Niagara for endorsement. AND BE IT FURTHER RESOLVED that this motion be circulated, along with a letter from the Mayor s Office and a copy of the correspondence from Coach Canada, to Premier Kathleen Wynne; Ontario Transportation Minister Steven Del Duca; and area MPPs for consideration. Seconded By: Councillor Williamson That, in accordance with Procedural By-law , article A4, Suspension of Rules, that the rules be suspended to allow the motion to be put forth at the Regular Meeting October 6, Royal Canadian Legion Poppy Campaign Suspension of the Rules Councillor Williamson introduced the following Motion: WHEREAS each year the Royal Canadian Legion Branch 24 conducts a Poppy Campaign to commemorate and remember those Canadian and Allied Forces members who made the supreme sacrifice in order to restore and preserve democracy and peace in our world. BE IT RESOLVED THAT City Council waive the fees necessary to canvass with poppies at the Downtown Farmer's Market during the 2014 Campaign commencing October 31, 2014 through to November 11, Seconded By: Councillor Phillips That, in accordance with Procedural By-law , article 4A, Suspension of the Rules, that the rules be suspended to allow the motion to be put at the Regular Meeting, October 6, Motions GO Rail Expansion Council voted on the Motion (See Notice of Motion, Item 9.1) Page 8 of 12
9 Seconded By: Councillor Elliott YEAS: Councillors Dodge, Elliott, Harris, Ip, Kushner, Phillips, Siscoe, Stack, Stevens, Williamson and Mayor McMullan NAYS: Royal Canadian Legion Poppy Campaign Council voted on the Motion. (See Notice of Motion, Item 9.2) Moved By: Councillor Williamson Seconded By: Councillor Stevens YEAS: Councillors Williamson, Dodge, Elliott, Harris, Ip, Kushner, Phillips, Siscoe, Stack, Stevens and Mayor McMullan NAYS: 11. Resolve into General Committee City Council recessed at 7:18 p.m. and General Committee convened. General Committee recessed at 7:31 p.m. for the Public Meeting and reconvened at 7:41 p.m. General Committee adjourned at 8:25 p.m. and City Council reconvened. 12. Motion Arising from In-Camera Session Moved By: Councillor Phillips Seconded By: Councillor Williamson That Council does now reconvene from the In Camera Session; and That Council direct staff to proceed as discussed with regards to: Realty File No , a property matter, lease renewal with Garden City Weight Lifting Club for use of the Russell Avenue Community Centre. 13. Motion to Ratify Forthwith Recommendations Seconded By: Councillor Harris That Council ratify and adopt those items approved FORTHWITH by General Committee on Monday, October 6, Page 9 of 12
10 14. By-laws Reading of By-laws Moved By: Councillor Elliott Seconded By: Councillor Kushner That the following By-laws be read a first time, considered and passed; be read a second and third time and passed; and That they be signed and executed by the Mayor and the Clerk. By-law No A By-law to authorize a contract with Scott Construction Niagara Inc. (Three readings with respect to Interior Renovations / Washroom Reconstruction West St. Catharines Older Adult Centre, under Project No. P Delegation By-law No , as amended.) File: By-law No A By-law to authorize an Agreement with Ungerboeck Software International. (Three readings with respect to Event Management Software System for the Performing Arts Centre. Delegation By-law No , as amended.) File: By-law No A By-law for prescribing minimum standards for the maintenance and occupancy of all property within the City of St. Catharines and requiring such properties to be repaired, maintained or cleared of buildings or structures. (Three readings with respect to regulating property standards within the City of St. Catharines. General Committee, October 6, 2014, Item 3.2.) Realty File: By-law No A By-law to amend By-law No entitled A By-law to impose certain fees charged by The Corporation of the City of St. Catharines with respect to certain administrative matters. (Three readings with respect to discharge of property standards order. General Committee, October 6, 2014, Item 3.2.) File: By-law No A By-law to appoint Property Standards Officers. (Three readings with respect to appointment of Municipal By-law Enforcement Officers as Property Standards Officers. General Committee, October 6, 2014, Item 3.2.) File: By-law No A By-law to amend By-law No entitled A By-law to authorize delegation of certain matters to staff. (Three readings with respect to appointments of Property Standards Officers. General Committee, October 6, 2014, Item 3.2.) File: By-law No A By-law to authorize an Assignment of Agreement from 344 Glendale Avenue GP Inc. to Crownview Holdings Inc., over lands municipally known as 344 Glendale Avenue. (Three readings with respect to Brownfield Tax Increment Based Incentive Grant Program dated November 11, General Committee, October 6, 2014, Item 4.2.) File: Vol. 2 Page 10 of 12
11 By-law No A By-law to appoint Deputy Clerks for the purpose of appointing Commissioners for Taking Affidavits Act and to repeal By-law No (Three readings with respect to staffing changes - Commissioners for Taking Oaths and Affidavits. General Committee, October 6, 2014, Item 4.4.) File: By-law No A By-law to amend By-law No entitled A By-law to authorize delegation of certain matters to staff. (Three readings with respect to City Clerk appointing Deputy Clerks as Commissioners for taking oaths. General Committee, October 6, 2014, Item 4.4.) File: By-law No A By-law to authorize the acceptance of a conveyance of certain lands from Brox Investments Limited, Ontario Limited, Ontario Inc., and Visco Holdings Limited for the widening of Duke Street. (Three readings with respect to condition of severance for 43 Church Street. Delegation By-law No , as amended.) File: By-law No By-law to authorize the acceptance of a conveyance of certain lands from Darryl Lincoln Wood and Marianne Po-Ling Bork for the widening of York Street. (Three readings with respect to title description of property at 10 York Street. Delegation By-law No , as amended.) File: By-law No A By-law to confirm the proceedings and decisions of the Council of The Corporation of the City of St. Catharines at its meeting held on the 6th day of October, (Three readings with respect to ratification and adoption of City Council Minutes of September 22, 2014, and General Committee Minutes of September 22, 2014, and Special Shareholder meeting of St. Catharines Hydro Inc. of September 22, 2014.) File: Reading of an Additional By-law Moved By: Councillor Elliott Seconded By: Councillor Kushner That the following Additional By-law be read a first time, considered and passed; be read a second and third time and passed; and That it be signed and executed by the Mayor and the Clerk. By-law No A By law to authorize a Renewal of Lease with Garden City Weight Lifting Club. (Three readings with respect to 108 Russell Avenue. Council, October 6, 2014, Item 12.) File: Agencies, Boards, Committee Reports None this evening Page 11 of 12
12 16. Adjournment Moved By: Councillor Ip Seconded By: Councillor Williamson There being no further items of business, the meeting adjourned at 8:28 p.m. Certified Correct: Confirmed by: City Clerk Mayor Page 12 of 12
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