The Grimsby Record

Council

August 17, 2020

What was decided (31 motions)

28 carried, 3 recorded otherwise. Every motion below is printed as the minutes print it.

Resolved that leave be given to introduce By-law No. 20-61 to 20-63 inclusive and that same be read a first time.
Moved by Councillor Freake, seconded by Councillor Ritchie
Carried
Resolved that leave be given to introduce By-law No. 20-61 to 20-63 inclusive read a first time be now read a second and third time and finally passed and that the Mayor and Town Clerk do sign and seal the same; and rule of Council to contrary notwithstanding.
Moved by Councillor Bothwell, seconded by Councillor Kadwell
Carried
Resolved that the minutes from the July 20, 2020 Council meeting be approved.
Moved by Councillor Freake, seconded by Councillor Dunstall
Carried
Resolved that Report CORP20-05 regarding Joining the Coalition of Inclusive Municipalities dated July 20, 2020 be received; And that Grimsby Council endorse the request from Niagara Region to join the Coalition of Inclusive Municipalities and pass the motion proposed in Appendix ‘A’; And further that Mayor Jordan be directed to sign the joint regional declaration to join the Coalition of Inclusive Municipalities attached in Appendix ‘B’ of this report.
Moved by Councillor Bothwell, seconded by Councillor Vardy
Carried
Page 3 of 14 Council August 17, 2020 Resolved that Report FIN 20-11 regarding the 2019 General Statement of Operations be received; And that the 2019 budget surplus of $1,096,754 be allocated to reserves as outlined in this report. RECORDED VOTE requested by Councillor Vardy: YES: Councillors Bothwell, Dunstall, Freake, Kadwell, Ritchie, Sharpe, Vaine and Mayor Jordan NO: Councillor Vardy
Moved by Councillor Sharpe, seconded by Councillor Ritchie
Carried
Resolved that Report FIN20-12 regarding the 2019 Environmental Services Statement of Operations dated July 20, 2020 be received; And that the 2019 Sanitary sewer surplus of $374,444 be transferred to the Sanitary Sewer Reserve; And that the 2019 Water system surplus of $491,095 be transferred to the Water Reserve.
Moved by Councillor Kadwell, seconded by Councillor Sharpe
Carried
Resolved that the correspondence received from Niagara Region with reference to the declaration of public health issues be received for information.
Moved by Councillor Freake, seconded by Councillor Vardy
Carried
Resolved that the correspondence received from area municipalities with references to joining the Coalition of Inclusive Municipalities and the Joint Statement to Call to Action from AMO, LUMCO and MARCO - Ontario Mayors and Chairs Issue Emergency Call for Financial Support be received for information.
Moved by Councillor Bothwell, seconded by Councillor Vardy
Carried
Resolved that the correspondence received from the Ministry of Municipal Affairs and Housing regarding the COVID-19 Economic Recovery Act and Bill 189 COVID-19 Support and Protection Act, 2020 - Planning Act be received.
Moved by Councillor Ritchie, seconded by Councillor Sharpe
Carried
Resolved that correspondence received from the Ministry of Municipal Affairs and Housing with reference to A Place to Grow-Growth Plan for the Greater Golden Horseshoe (More Homes, More Choices) be received; And that as the Region has been in discussions with municipal planners since the summer of 2019 on the Regional Growth Management Plan (to support the new ROP), background Urban Structure, Employment Lands and Housing Strategy studies and needs assessment; And that these studies inform and feed into draft population and employment allocations, as well as where that population and employment is proposed to be accommodated within the Town of Grimsby; And that the Region's population in the 2016 Census was 447,888 and the Proposed Amendment 1 population growth targets for the Region of Niagara, at the high end shows 700,000 and at the low end is 658,000 for 2051; And that the Minister of MAH in his letter of June 16, 2020 has requested comments on Proposed Amendment 1 prior to the consultation period close date of July 31, 2020; Page 5 of 14 Council August 17, 2020 Therefore, be it resolved that Council direct staff to provide an update at the next Council meeting (if possible) on the potential impacts of the Proposed Amendment 1 to A Place to Grow; Growth Plan for the Greater Golden Horseshoe and any response prepared for the deadline of July 31 by the Acting Director of Planning, Building and By-law or the Region to it; And that staff provide Council with an update at the
Moved by Councillor Bothwell, seconded by Councillor Freake
Carried
Whereas the Integrity Commissioner (IC) reported his findings at the Open Council meeting of July 20, 2020; And whereas the Integrity Commissioner complaint IC-193-0320 determined that Councillor Ritchie breached the Code of Conduct for a premeditated action designed to malign and insult Councillor Freake and that Councillor Ritchie should receive minimal reprimand; And whereas the Integrity Commissioner believed such a reprimand would have a rehabilitative effect on Councillor Ritchie and send a message of deterrence of such conduct to all members of Council; And whereas the Integrity Commissioner complaint IC-187-0320 found Councillor Vaine to have breached the Code of Conduct for having shouted an abusive assertion at Councillor Vardy; And whereas Integrity Commissioner complaints IC-188-0320 Vardy vs. Kadwell, IC-189-0320 Vardy vs. Sharpe, IC-190-0320 Vaine vs. Bothwell, IC-193-0320 Freake vs. Ritchie, IC-196-0320 Dunstall vs. Freake and IC-210-0320 Freake vs. Dunstall were dismissed; Whereas the Integrity Commissioner noted this was a divided Council and as such this behaviour does not best serve the Town of Grimsby; Page 6 of 14 Council August 17, 2020 Therefore be it resolved that Reports IC-187-0320, IC-188-0320, IC- 189-0320, IC-190-0320, IC-193-0320, IC-196-0320 and IC-201-0320 be received; And that Council acknowledge that the Integrity Commissioner recommendations and by the passing of this motion Councillor Ritchie be considered formally reprimanded; And that all
Moved by Councillor Vardy, seconded by Councillor Freake
Carried
Resolved that Report DPW20-26 dated August 17, 2020 be
Moved by Councillor Ritchie, seconded by Councillor Vardy
Referred
Resolved that Report PLN20-16 dated August 12, 2020 regarding the Award of Contract 2020- PLN0, Consulting Services to Complete a Land Use Planning Study of the Grimsby Beach Area be received; And that the Director of Planning, Building and By-law be authorized to award the contract to MHBC Planning Limited in the total tendered amount of $161,395.14, excluding HST. RECORDED VOTE requested by Councillor Ritchie: YES: Councillors Bothwell, Dunstall, Freake, Kadwell, Sharpe, Vaine, Vardy and Mayor Jordan
Moved by Councillor Freake, seconded by Councillor Ritchie
Carried
Resolved that Report TC20-03 be
Moved by Councillor Sharpe, seconded by Councillor Vardy
Deferred
Resolved that Report TC20-03 dated August 17, 2020 be received; And that By-law 20-62 being a by-law to prohibit and regulate the discharge of firearms and bows in the Town of Grimsby by approved and enacted. And further that staff bring a report with further amendments to the by-law to encompass further changes, including public consultation. RECORDED VOTE requested by Councillor Ritchie: YES: Councillors Bothwell, Dunstall, Freake, Kadwell, Ritchie, Vaine, Vardy and Mayor Jordan NO: Councillor Sharpe
Moved by Councillor Freake, seconded by Councillor Ritchie
Carried
Resolved that presentation and correspondence regarding P.A. 20-17, Settlement Agreement - Official Plan and Zoning Amendment Application for 21 and 23 Main Street East and 6 Doran Avenue - Laneway Ownership be received. Page 8 of 14 Council August 17, 2020 RECORDED VOTE requested by Mayor Jordan: YES: Councillor Bothwell, Dunstall, Freake, Kadwell, Ritchie, Sharpe, Vaine, Vardy and Mayor Jordan
Moved by Councillor Sharpe, seconded by Councillor Freake
Carried
Resolved that Council meet in Closed Session under the Municipal Act, 2001, regarding the following: • Closed Session under Section 239 (2)(f), advice that is subject to solicitor-client privilege, including communications necessary for that purpose: o P.A. 20-17, Settlement Agreement – Official Plan and Zoning Amendment applications for 21 and 23 Main Street East and 6 Doran Avenue – Laneway Ownership
Moved by Councillor Ritchie, seconded by Councillor Freake
Carried
Resolved that Council waive the rules of procedure to go the past the 11:00 p.m. curfew.
Moved by Councillor Ritchie, seconded by Councillor Kadwell
Carried
Resolved that Confidential Report 20-17 be
Moved by Councillor Ritchie, seconded by Councillor Vaine
Referred
Resolved that Council play the National Anthem at the beginning of each Regular Council Meeting.
Moved by Councillor Sharpe, seconded by Councillor Freake
Carried
Whereas Council is highly committed to transparency and accountability; Be it resolved that Council direct staff to provide a report in regards to all sales, dealings, costs and compensation associated with the GEI Board without disclosure of sensitive confidential contents including but not limited to, verbal and written communications to and from staff, Board member and members of Town Council including any meeting discussions also. And be it further resolved that Council direct staff to provide a status of completion of the Biodigester sale and when it will be fully completed.
Moved by Councillor Vaine, seconded by Councillor Ritchie
Carried
Whereas the spirit and intent of a Land Acknowledgement statement is to recognize the First Nations Peoples on whose traditional territories we live and work, showing respect and acknowledging their presence and contributions to our nation and our communities; and, Whereas several Ontario municipalities have adopted the practice of territorial Land Acknowledgement statements, reading statements at the Page 10 of 14 Council August 17, 2020 start of Council and/or Committee meetings, as well as municipal events and public meetings; and, Whereas the Region of Niagara as well as a number of Niagara municipalities have implemented the use of Land Acknowledgement statements through their Procedural By-laws; Therefore be it resolved that Council direct staff to explore the matter of Indigenous Territorial Land Acknowledgement statements and their use within the municipality, by engaging with the Region of Niagara and local Indigenous cultural organizations, with the intent to amend the Procedural By-law as appropriate, to include a Land Acknowledgement statement; And that staff report back to Council with recommendations.
Moved by Councillor Bothwell, seconded by Councillor Sharpe
Carried
Whereas accessibility to our waterfronts is important for all residents including our vulnerable population in the community; Therefore be it resolved that Council direct staff to prepare a report on the viability of accessibility mats for Grimsby beaches, including safety concerns and potential liability issues; And furthermore report on what other municipalities are doing to address safety and liability issues.
Moved by Councillor Vaine, seconded by Councillor Freake
Carried
Resolved that the correspondence received from Niagara Region with reference to a Combined Sewer Overflow Control and Wet Weather Management Program, Affordable Housing Strategy Update, Natural Page 11 of 14 Council August 17, 2020 Environment Work Program - Phase 4: Identification and Evaluation of Options, Memorandum CAO 16-2020 - Supplemental Information - Options to Consider for Mandating Face Coverings, Signing of the AMO- Ontario Federation of Indigenous Friendship Centres - Declaration of Mutual Commitment and Friendship with Niagara Region and Friendship Centre Support and Changes to Waste Collection be received.
Moved by Councillor Dunstall, seconded by Councillor Bothwell
Carried
Resolved that the correspondence received from area municipalities with references to Canada US Border Crossing, Body Cameras for Police Officers and AMO-Ontario Federation of Indigenous Friendship Centres - Declaration of Mutual Commitment and Friendship be received.
Moved by Councillor Kadwell, seconded by Councillor Ritchie
Carried
Resolved that the correspondence received from the Municipality of West Grey with reference to the Anti Racism resolution be received.
Moved by Councillor Ritchie, seconded by Councillor Bothwell
Carried
Resolved that the correspondence received from the Ministry of Municipal Housing and Affairs with reference to labour deployment and safe restart agreement Phase 1 allocation be received.
Moved by Councillor Dunstall, seconded by Councillor Sharpe
Carried
Page 12 of 14 Council August 17, 2020 Resolved that the correspondence received from the Grimsby and District Chamber of Commerce with reference to Canada United Shop Local Campaign be received; And that the Town of Grimsby proclaim and recognize August 28 to 30, 2020 as the Canada United Weekend in Grimsby.
Moved by Councillor Kadwell, seconded by Councillor Vardy
Carried
Resolved that Council meet in Closed Session under the Municipal Act, 2001, regarding the following: • Closed Session under Section 239 (2)(a), the security of the property of the municipality or local board and Section 230 (2)(b) Page 13 of 14 Council August 17, 2020 personal matters about an identifiable individual, including municipal or local board employee: o Update on personal matters regarding an identifiable individual
Moved by Councillor Ritchie, seconded by Councillor Freake
Carried
Resolved that staff proceed with directions provided in Closed Session. RECORDED VOTE requested by Councillor Ritchie: YES: Councillors Bothwell, Dunstall, Freake, Kadwell, Ritchie, Sharpe, Vaine, Vardy and Mayor Jordan
Moved by Councillor Ritchie, seconded by Councillor Sharpe
Carried
Resolved that the Committee of the Whole meeting of September 21, 2020 commence at 5:30 p.m. to accommodate for the NPI AGM.
Moved by Councillor Ritchie, seconded by Councillor Sharpe
Carried

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