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Committee of the Whole
May 3, 2021
What was decided (25 motions)
19 carried, 6 recorded otherwise. Every motion below is printed as the minutes print it.
Resolved that Report FCR-21-05 Fire Safety in Care Facilities, dated May 3, 2021 be received; and That Committee approve By-Law 12-41 a By-law “to establish performance standards in care facilities” by revoked
Moved by Councillor Vaine, seconded by Councillor Sharpe
Carried
Resolved that Report FIN 21-10 2021 Downtown Improvement Area Budget dated May 3, 2021 be received; and That the 2021 Downtown Improvement Area budget as outlined in Appendix A be approved.
Moved by Councillor Sharpe, seconded by Councillor Vardy
Carried
Resolved that the agenda for the Committee of the Whole meeting of May 3, 2021 be approved with the deletion of Item 8.2(a) regarding CAO Performance Appraisal. RECORDED VOTE requested by Mayor Jordan Page 3 of 13 Committee of the Whole May 3, 2021 YES: Councillors Dunstall, Kadwell, Ritchie, Vaine NO: Councillors Bothwell, Freake, Sharpe, Vardy and Mayor Jordan
Moved by Councillor Dunstall, seconded by Councillor Vaine
Defeated
Resolved that the agenda for the Committee of Whole meeting of May 3, 2021 be approved with the deletion of Item 8.2(b) regarding a Legal Opinion about the Removal of an Individual from a Statutory Position. RECORDED VOTE was requested by Mayor Jordan YES: Councillors Dunstall, Kadwell, Ritchie, Sharpe, Vaine NO: Councillors Bothwell, Freake, Sharpe, Vardy and Mayor Jordan
Moved by Councillor Dunstall, seconded by Councillor Vaine
Defeated
Resolved that the agenda for the Committee of the Whole meeting of May 3, 2021 be approved with the deletion of Item 5(c) regarding the delegation from Adam Mottershead. RECORDED VOTE was requested by Mayor Jordan YES: None NO: Councillors Bothwell, Dunstall, Freake, Kadwell, Ritchie, Sharpe, Vaine, Vardy and Mayor Jordan
Moved by Councillor Dunstall, seconded by Councillor Vaine
Defeated
Resolved that the agenda for the Committee of the Whole meeting of May 3, 2021 be approved with the deletion of Item 12(c) regarding the Notice of Motion on Cost of HR Review. RECORDED VOTE was requested by Mayor Jordan YES: Councillors Dunstall, Kadwell, Ritchie, Sharpe, Vaine Page 4 of 13 Committee of the Whole May 3, 2021 NO: Councillors Bothwell, Freake, Vardy and Mayor Jordan
Moved by Councillor Dunstall, seconded by Councillor Vaine
Carried
Resolved that the agenda for the Committee of the Whole meeting of May 3, 2021 be approved with the deletion of Item 12(d) regarding the Notice of Motion on Signing Officers. RECORDED VOTE was requested by Mayor Jordan YES: Councillors Dunstall, Kadwell, Ritchie, Sharpe, Vaine NO: Councillors Bothwell, Freake, Vardy and Mayor Jordan
Moved by Councillor Dunstall, seconded by Councillor Vaine
Carried
Resolved that the agenda for the Committee of the Whole meeting of May 3, 2021 be approved with Item 8.1(a) being moved to after Item 5(b).
Moved by Councillor Sharpe, seconded by Councillor Kadwell
Carried
Resolved that the remaining agenda items for the Committee of the Whole meeting of May 3, 2021 be approved.
Moved by Councillor Ritchie, seconded by Councillor Vaine
Carried
Resolved that the Committee of Adjustment minutes of April 20, 2021 be received.
Moved by Councillor Kadwell, seconded by Councilllor Bothwell
Carried
Resolved that the delegation from Chris Anders, IBI Group, be received.
Moved by Councillor Vaine, seconded by Councillor Sharpe
Carried
Resolved that the delegation from Tony Quirk & Dave Leonard, be received.
Moved by Councillor Vaine, seconded by Councillor Kadwell
Carried
Resolved that Report FIN 21-10 regarding 62 Grimsby Phantom Squadron – Tax Exemption & Cancellation, be
Moved by Councillor Sharpe, seconded by Councillor Bothwell
Deferred
Resolved that the delegation by Adam Mottershead be received.
Moved by Councillor Freake, seconded by Councillor Vardy
Carried
Resolved that the Committee of the Whole hereby approves the following items and that the various consent items be approved on the recommendations as contained therein: • FIN21-09: 2021 Tax Levy and Tax Rates • BYL21-05: 88 Main Street W – Consolidated Sign & Lighting Services Inc. Sign By-law Variance a) FIN21-09: 2021 Tax Levy and Tax Rates Resolved that Report FIN 21-09 2021 Tax Levy and Tax Rates dated May 3, 2021 be received; and That the 2021 tax ratios and sub-class reductions as outlined in Schedule "A" be adopted in accordance with Regional By-law 2021- 25; and That the Town of Grimsby general tax rates as outlined in Schedule "B" be approved; and That the Region of Niagara general tax rates as outlined in Schedule "C" be adopted in accordance with Regional By-law 2021-26; and That the Region of Niagara waste management tax rates as outlined in Schedule "D" be adopted in accordance with Regional By-law 2021-26; and That the Education tax rates as outlined in Schedule "E" be adopted in accordance with Ontario Regulation 400/98; and That the Town of Grimsby sanitary sewer rates as outlined in Schedule "F" be approved; and That the Grimsby Downtown Improvement Area (DIA) rates as outlined in Schedule "G" be approved. That the information outlined in Schedule A through G be included in the 2021 Tax Rate By-law. b) BYL21-05: 88 Main Street W – Consolidated Sign & Lighting Services Inc. Sign By-law Variance Resolved that Report BYL 21-05 88 Main St W – Consolidated Sign &
Moved by Councillor Dunstall, seconded by Councillor Kadwell
Carried
Resolved that the item regarding the CAO Performance Appraisal be
Moved by Councillor Ritchie, seconded by Councillor Dunstall
Deferred
Whereas Part II of the Municipal Act, 2001, S.O. 2001, c. 25 confers broad powers to municipalities to govern their affairs; and Whereas Section 23.3(1) of the Municipal Act, 2001, titled as “Powers that cannot be delegated”, does not authorize a municipality to delegate “the power to appoint or remove from office an officer of the municipality whose appointment is required by this Act.”; and Whereas Section 286(1) of the Municipal Act, 2001, titled as “Treasurer”, states than a “municipality shall appoint a treasurer”, that being the appointment of an officer required by the Municipal Act, 2001; and Whereas on our about March 30, 2021 the Chief Administrative Officer for the Town of Grimsby, Harry Schlange, terminated the employment of the Treasurer; and Whereas the action of the CAO removed from office an officer required by the Municipal Act, 2001, without authorization from or a By-law of Council. Therefore be it resolved that the Clerk engage the Town’s counsel to render a legal opinion as to whether the termination and removal of this officer by the CAO was authorized at law. RECORDED VOTE was requested by Mayor Jordan YES: Councillors Bothwell, Freake, Vardy and Mayor Jordan NO: Councillors Dunstall, Kadwell, Ritchie, Sharpe, Vaine
Moved by Councillor Bothwell, seconded by Councillor Sharpe
Defeated
Page 9 of 13 Committee of the Whole May 3, 2021 Resolved that Report DRS21-14: 2 Billion Trees RFI Submission be received for information; and That Council approve the attached resolution in Appendix A and the letter of support in Appendix B.
Moved by Councillor Vardy, seconded by Councillor Bothwell
Carried
Resolved that the correspondence under Administration and Finance and Public Works pertaining to: • City of Welland, Niagara Region Transit Governance Strategy • City of Welland, Niagara Central Dorothy Rungeling Airport & Niagara District Airport • Region of Niagara, 2020 Reserve Water and Wastewater Treatment Capacities • Region of Niagara, 2021 Property Tax Policy, Rates & Ratios • Region of Niagara, Support Local Journalism and News Media • Niagara Peninsula Conservation Authority, Board Meeting Highlights April 16, 2021 And correspondence under Public Works pertaining to: • Town of Fort Erie, Province Investigating and Updating Source Water Protection Legislation • Region of Niagara, Combined Sewer Overflow (CSO) Control and Wet Weather Management (WWM) Program – 2021 Funding Recommendations, be received.
Moved by Councillor Kadwell, seconded by Councillor Dunstall
Carried
Resolved that The Council of the Town of Grimsby supports the 2021 Census, and encourages all residents to complete their census questionnaire online at www.census.gc.ca accurate and complete census data, support programs and services that benefit our community.
Moved by Councillor Bothwell, seconded by Councillor Vardy
Carried
Resolved that the correspondence from City of Cambridge, Paid Sick Leave be received and endorsed; And further be sent to the Niagara West MP, MPP and the Federal government.
Moved by Councillor Dunstall, seconded by Councillor Sharpe
Carried
Resolved that the correspondence under Planning and Development pertaining to: Town of Pelham, Request to Region of Niagara to Delay Official Plan Update be received and endorsed; And further be circulated to Premier Doug Ford, the Honourable Steve Clark, Niagara’s local municipalities, AMO, the leaders of the Provincial Opposition parties, Niagara MPP’s and the Greater Golden Horseshoe municipalities.
Moved by Councillor Bothwell, seconded by Councillor Sharpe
Carried
Resolved that the correspondence under Administration and Finance pertaining to: Ministry of Municipal Affairs & Housing, Municipal Code of Conduct Consultations; South Bruce Peninsula, Lottery Licensing to Assist Small Organizations, be received.
Moved by Councillor Freake, seconded by Councillor Dunstall
Carried
Resolved that Committee of the Whole meet in closed session regarding the following: Under Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose – Site Alteration Appeal – 153 Mud Street East
Moved by Councillor Vaine, seconded by Councillor Freake
Carried
Resolved that staff proceed as directed in closed session with regard to Site Alteration Appeal – 153 Mud Street East.
Moved by Councillor Vaine, seconded by Councillor Sharpe