The Grimsby Record

Council Meeting

August 8, 2023

Who was there

Present (10): Jacob Baradziej, Veronica Charrois, Delight Davoli, Nick DiFlavio, Reg Freake, Don Howe, J. Jordan, Jennifer Korstanje, M. Seaborn, Lianne Vardy

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (32 motions)

28 carried, 4 recorded otherwise. Every motion below is printed as the minutes print it.

Resolved that the August 8, 2023 Council meeting agenda be approved, as amended.
Moved by Councillor Freake, seconded by Councillor Baradziej
Carried
Resolved that Council meet in closed session under: Section 239(2)(f) of the Municipal Act, where a closed meeting is held if the subject matter being considered is advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and Section 239(2)(k) of the Municipal Act, where a closed meeting is held if the subject matter being considered is a position, plan, procedure, criteria or instruction to be applied to any negotiations
Moved by Councillor Davoli, seconded by Councillor Howe
Carried
Resolved that the direction provided in closed session be approved.
Moved by Councillor Vardy, seconded by Councillor Freake
Carried
Resolved that the delegations and presentations from Stantec, George Bodnar, Marilyn McCrea, Pamela Evans, Ron Van Pelt, Wood Bull LLP, and Peter & Sandy Zulauf be received.
Moved by Councillor Freake, seconded by Councillor Baradziej
Carried
Resolved that Resolution PW-23-019 from the Public Works Committee minutes of July 24, 2023 be lifted for separate consideration.
Moved by Councillor Vardy, seconded by Councillor Freake
Carried
Resolved that Public Works staff bring back a report to Council reviewing potential roads to pilot a 40km/hr speed limit, excluding regional roads for the next Council meeting. Yes (4): Councillor Freake, Councillor Howe, Councillor Vardy, and Councillor Korstanje No (5): Mayor Jordan, Councillor Davoli, Councillor Charrois, Councillor Baradziej, and Councillor DiFlavio
Moved by Councillor Vardy, seconded by Councillor Freake
Defeated
In favour (4): Councillor Freake, Councillor Howe, Councillor Vardy, Councillor Korstanje · Opposed (5): Mayor Jordan, Councillor Davoli, Councillor Charrois, Councillor Baradziej, Councillor DiFlavio
Resolved that Resolution PW-23-020 from the Public Works Committee minutes of July 24, 2023 be lifted for separate consideration.
Moved by Councillor Vardy, seconded by Councillor Freake
Carried
Resolved that Council direct staff to reduce the speed limit on Roberts Rd to 40 km/hr. Yes (5): Mayor Jordan, Councillor Freake, Councillor Howe, Councillor Vardy, and Councillor Korstanje No (4): Councillor Davoli, Councillor Charrois, Councillor Baradziej, and Councillor DiFlavio
Moved by Councillor Vardy, seconded by Councillor Freake
Carried
In favour (5): Mayor Jordan, Councillor Freake, Councillor Howe, Councillor Vardy, Councillor Korstanje · Opposed (4): Councillor Davoli, Councillor Charrois, Councillor Baradziej, Councillor DiFlavio
Resolved that the following minutes be approved:  Council - July 4, 2023  Finance Committee - July 13, 2023  Planning and Development Committee - July 19, 2023  Special Council - July 24, 2023  Public Works Committee - July 24, 2023, as amended  Community Services Committee - July 25, 2023  Special Council - July 26, 2023
Moved by Councillor DiFlavio, seconded by Councillor Davoli
Carried
Resolved that the Town of Grimsby Council request the NPCA to stop moving forward with the Beamer Conservation Area reconstruction until the NPCA consults with Grimsby Council.
Moved by Councillor Vardy, seconded by Councillor Freake
Carried
Resolved that the following minutes be received:  Grimsby Heritage Advisory Committee - July 11, 2023  Committee of Adjustment - July 18, 2023  Grimsby Green Advisory Committee - July 19, 2023
Moved by Councillor DiFlavio, seconded by Councillor Baradziej
Carried
Resolved that report PA-23-25 Recommendation Report, Main Street East – Heritage Conservation District Study, dated August 8, 2023 be received; and 1. That Staff work with the consultants to commence the second phase of the study and develop the associated district plan and guidelines; and 2. That the properties in Appendix C be considered for designation following the recent passing of Bill 23. Yes (5): Mayor Jordan, Councillor Davoli, Councillor Howe, Councillor Vardy, and Councillor Charrois No (4): Councillor Freake, Councillor Korstanje, Councillor Baradziej, and Councillor DiFlavio
Moved by Councillor DiFlavio, seconded by Councillor Howe
Carried
In favour (5): Mayor Jordan, Councillor Davoli, Councillor Howe, Councillor Vardy, Councillor Charrois · Opposed (4): Councillor Freake, Councillor Korstanje, Councillor Baradziej, Councillor DiFlavio
Resolved that report PA-23-27, Council Direction Report – 129 Main Street West & 103 Mountain Road, dated August 8, 2023 be received; and 1. That Council proceed with the passing of the designation by-laws for the properties at 129 Main Street West & 103 Mountain Road.
Moved by Councillor Freake, seconded by Councillor Korstanje
Carried
Resolved that item 5 (3 East Street) from the Grimsby Heritage Advisory Committee minutes of July 11, 2023 be lifted for separate consideration.
Moved by Councillor Vardy, seconded by Councillor Freake
Carried
Resolved that item 5 be
Moved by Councillor Vardy, seconded by Councillor Freake
Deferred
Resolved that the following Council Endorsement Package items be approved:  Grimsby Heritage Advisory Committee - July 11, 2023, as amended  Grimsby Green Advisory Committee - July 19, 2023
Moved by Councillor Howe, seconded by Councillor DiFlavio
Carried
Resolved that report TC-23-13, Finance Standing Committee Terms of Reference (TOR), dated August 8, 2023 be received; and 1. That the amendments to the Finance Committee’s Terms of Reference be approved.
Moved by Councillor Davoli, seconded by Councillor Baradziej
Carried
Resolved that the memorandum regarding Standing Committee closed sessions be received.
Moved by Councillor DiFlavio, seconded by Councillor Howe
Carried
Resolved that the amendments to the 2022 Consolidated Financial Statements and Trust Fund Statements be approved.
Moved by Councillor Davoli, seconded by Councillor Freake
Carried
Resolved that Council extend past the 10:30 p.m. curfew.
Moved by Councillor Vardy, seconded by Councillor Freake
Carried
Whereas the Province defines the roles of a Municipal Councillor as a representative, policy-maker and steward for the municipality and its constituents; and Whereas certain items before Standing Committees are required to be considered in a closed session in accordance with s.239(2) of the Municipal Act, 2001; and Whereas s.3.7(13) of the Town’s Procedural By-law 20-65, as amended, prohibits Members of Council not on the Standing Committee from attending those closed sessions; and Whereas other municipalities recognize the importance and added-value of permitting all Councillors to participate in all Standing Committee meetings, including any closed sessions. Therefore be it resolved that s.3.7(13) of the Procedural By-law 20-65 be amended to permit Members of Council to attend Standing Committee closed sessions; and Be it further resolved that all Members of Council be circulated full agendas of every Standing Committee meeting, including information to be considered in any closed session; and Be it further resolved that the Clerk’s Office be directed to develop a standalone Closed Session Meeting Protocol Policy, implementing best practices of other municipalities and technology measures to ensure the security of closed sessions and any related information. Yes (2): Councillor Charrois, and Councillor DiFlavio No (7): Mayor Jordan, Councillor Davoli, Councillor Freake, Councillor Howe, Councillor Vardy, Councillor Korstanje, and Councillor Baradziej
Moved by Councillor Charrois, seconded by Councillor Korstanje
Defeated
In favour (2): Councillor Charrois, Councillor DiFlavio · Opposed (7): Mayor Jordan, Councillor Davoli, Councillor Freake, Councillor Howe, Councillor Vardy, Councillor Korstanje, Councillor Baradziej
Whereas the vibration and construction of new development can cause the resettlement of existing rat populations; and Whereas residents within the immediate area of the new West Lincoln Memorial Hospital project are experiencing an increased rat infestation on their properties; and Whereas the residents have had to incur the personal financial burden of hiring professional exterminators. Therefore be it resolved that staff investigate possible solutions and/or programs for reimbursement of professional exterminator services due to essential community services development.
Moved by Councillor Korstanje, seconded by Councillor Freake
Carried
Resolved that Council reconsider Councillor DiFlavio's motion. Yes (3): Councillor Charrois, Councillor Baradziej, and Councillor DiFlavio No (6): Mayor Jordan, Councillor Davoli, Councillor Freake, Councillor Howe, Councillor Vardy, and Councillor Korstanje
Moved by Councillor Freake, seconded by Councillor Vardy
Defeated
In favour (3): Councillor Charrois, Councillor Baradziej, Councillor DiFlavio · Opposed (6): Mayor Jordan, Councillor Davoli, Councillor Freake, Councillor Howe, Councillor Vardy, Councillor Korstanje
Resolved that the Rules of Procedure be temporarily suspended by an affirmative vote of two-thirds (2/3) to discuss Councillor Baradziej's Notice of Motion. Yes (7): Mayor Jordan, Councillor Davoli, Councillor Freake, Councillor Vardy, Councillor Korstanje, Councillor Baradziej, and Councillor DiFlavio No (2): Councillor Howe, and Councillor Charrois
Moved by Councillor Baradziej, seconded by Councillor Freake
Carried
In favour (7): Mayor Jordan, Councillor Davoli, Councillor Freake, Councillor Vardy, Councillor Korstanje, Councillor Baradziej, Councillor DiFlavio · Opposed (2): Councillor Howe, Councillor Charrois
Whereas the Town of Grimsby, Lincoln and West Lincoln communities have many similarities between their demographics, population, and already share many public services such as fire, high schools, hospitals, and a Planning Director and; Whereas we currently have a trilateral council meeting scheduled to discuss working together and; Whereas the province has been looking at making changes to several two-tier municipalities, reducing red tape and streamlining Government. Therefore, be it resolved; that council direct Acting CAO Sarah Kim to further explore shared services opportunities with Lincoln and West Lincoln, alongside our MPP Sam Oosterhoff and the province. With the mindset of working together and the common goal of creating efficiencies and yielding savings for the taxpayers of West Niagara. Yes (8): Mayor Jordan, Councillor Davoli, Councillor Freake, Councillor Howe, Councillor Vardy, Councillor Korstanje, Councillor Baradziej, and Councillor DiFlavio No (1): Councillor Charrois
Moved by Councillor Baradziej, seconded by Councillor Freake
Carried
In favour (8): Mayor Jordan, Councillor Davoli, Councillor Freake, Councillor Howe, Councillor Vardy, Councillor Korstanje, Councillor Baradziej, Councillor DiFlavio · Opposed (1): Councillor Charrois
Whereas all Ontarians deserve and expect a safe and respectful workplace; and Whereas municipal governments, as the democratic institutions most directly engaged with Ontarians need respectful discourse; and Whereas several incidents in recent years of disrespectful behaviour and workplace harassment have occurred amongst members of municipal councils; and Whereas these incidents seriously and negatively affect the people involved and lower public perceptions of local governments; and Whereas municipal Codes of Conduct are helpful tools to set expectations of council member behaviour; and Whereas municipal governments do not have the necessary tools to adequately enforce compliance with municipal Codes of Conduct. Now, therefore be it resolved that the Town of Grimsby supports the call of the Association of Municipalities of Ontario for the Government of Ontario to introduce legislation to strengthen municipal Codes of Conduct and compliance with them in consultation with municipal governments; and Be it further resolved that the legislation encompass the Association of Municipalities of Ontario’s recommendations for:  Updating municipal Codes of Conduct to account for workplace safety and harassment  Creating a flexible administrative penalty regime, adapted to the local economic and financial circumstances of municipalities across Ontario  Increasing training of municipal Integrity Commissioners to enhance consistency of investigations and recommendations across the prov
Moved by Councillor Vardy, seconded by Councillor Howe
Carried
In favour (9): Mayor Jordan, Councillor Davoli, Councillor Freake, Councillor Howe, Councillor Vardy, Councillor Charrois, Councillor Korstanje, Councillor Baradziej, Councillor DiFlavio
Resolved that Councillor Howe and Councillor Baradziej be appointed to the Niagara Road 12 Landfill Site Citizen’s Liaison Committee.
Moved by Councillor Freake, seconded by Councillor Howe
Carried
Resolved that the correspondence from the Niagara Region regarding support for Ontario's wine industry be received.
Moved by Councillor Vardy, seconded by Councillor Howe
Carried
Resolved that Council meet in closed session under Section 239(2)(b) of the Municipal Act, where a closed meeting is held if the subject matter being considered is personal matters about an identifiable individual, including municipal or local board employees; advice that is subject to solicitor-client privilege, including communications necessary for that purpose.
Moved by Councillor DiFlavio, seconded by Councillor Howe
Carried
Resolved that leave be given to introduce By-laws 23-66 to 23-69, and By- law 23-71 inclusive, and that the same be read a first time, considered, and passed.
Moved by Councillor Freake, seconded by Councillor Baradziej
Carried
Resolved that the direction given in closed session be followed through by the By-law in open session. Yes (7): Mayor Jordan, Councillor Davoli, Councillor Freake, Councillor Howe, Councillor Vardy, Councillor Korstanje, and Councillor Baradziej No (2): Councillor Charrois, and Councillor DiFlavio
Moved by Councillor Korstanje, seconded by Councillor Freake
Carried
In favour (7): Mayor Jordan, Councillor Davoli, Councillor Freake, Councillor Howe, Councillor Vardy, Councillor Korstanje, Councillor Baradziej · Opposed (2): Councillor Charrois, Councillor DiFlavio
Resolved that leave be given to introduce By-law 23-72 and that the same be read a first time, considered, and passed.
Moved by Councillor Baradziej, seconded by Councillor Korstanje
Carried

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