The Niagara Region Record

Council

January 21, 2021

Who was there

Present (14): Jim Diodati, Sandra Easton, Robert Foster, Bob Gale, Brian Heit, Diana Huson, Wayne Redekop, Tim Rigby, Bill Steele, Terry Ugulini, Leanna Villella, Tim Whalen, Albert Witteveen, Gary Zalepa

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 (24 motions)

22 carried, 2 recorded otherwise. Every motion below is printed as the minutes print it.

That Ed Smith BE PERMITTED to appear before Council as an individual delegate respecting Correspondence Item CL-C 1-2021 - Report on Code of Conduct Complaint - IC-221-0720 - Councillor Dave Bylsma.
Moved by Councillor Edgar, seconded by Councillor Butters
Carried
That Council Agenda CL 1-2021, BE ADOPTED, as amended.
Moved by Councillor Steele, seconded by Councillor Ugulini
Carried
That Minutes CL 23-2020 being the Open and Closed Session minutes of the Regional Council meeting held on Thursday, December 17, 2020, BE ADOPTED.
Moved by Councillor Witteveen, seconded by Councillor Greenwood
Carried
That the following items BE DEALT WITH as follows: CL-C 2-2021 respecting Amendment to Waste Management By-law, BE RECEIVED; CL-C 5-2021 respecting Northwest Welland Secondary Plan – Regional Interest, BE RECEIVED.
Moved by Councillor Foster, seconded by Councillor Chiocchio
Carried
That the motion BE AMENDED as follows: 1. That Correspondence Item CL-C 1-2021, being Report on Code of Conduct Complaint - IC-221-0720 - Councillor Dave Bylsma, BE RECEIVED; and 2. That Council CONSIDER the recommendation of the Integrity Commissioner contained in Report on Code of Conduct Complaint - IC-221-0720 at this time; 3. That Regional Council ISSUE a reprimand to Councillor Bylsma, condemning his Radio Interview remarks as
Moved by Councillor Huson, seconded by Councillor Ip
Referred
That the amendment BE AMENDED to add the following clause: That Councillor Bylsma BE REMOVED from any Agencies, Boards or Commissions representing Niagara Region for the duration of 2021.
Moved by Councillor Sendzik, seconded by Councillor Darte
Carried
That Council DO NOW MOVE into closed session for the purposes of receiving information of a confidential nature respecting: A Matter of Legal Advice that is Subject to Solicitor-Client Privilege under s. 239(2) of the Municipal Act, 2001 - Report on Code of Conduct Complaint - IC-221-0720-Councillor Dave Bylsma.
Moved by Councillor Zalepa, seconded by Councillor Huson
Carried
That the question BE CALLED.
Moved by Councillor Campion, seconded by Councillor Chiocchio
Carried
That Correspondence Item CL-C 3-2021, being a memorandum from A.-M. Norio, Regional Clerk, dated January 21, 2021, respecting Vacancy on the Linking Niagara Transit Committee, BE RECEIVED; and That Councillor Zalepa BE APPOINTED to fill the vacancy.
Moved by Councillor Steele, seconded by Councillor Rigby
Carried
That Correspondence Item CL-C 7-2021, being a memorandum from A.-M. Norio, Regional Clerk, dated January 21, 2021, respecting Recommendations for Consideration from the Budget Review Committee of the Whole meeting held on January 21, 2021, BE RECEIVED; That Report CSD 5-2021, dated January 14, 2021, respecting 2021 Levy Operating Budget, BE RECEIVED and the following recommendations BE APPROVED: 1. That the 2021 net levy budget relating to the Niagara Regional Departments of $208,777,440 as consolidated in Appendix 1 of Report CSD 5-2021 BE APPROVED including the following in accordance with the 2021 budget planning strategy: 1.1 That an increase of $2,038,765 or 1.0% over the 2020 departmental operating budget BE APPROVED to support operating expenses; 1.2 That an increase of $2,046,918 or 1.0% over the 2020 departmental operating budget BE APPROVED to support pay-as-you-go capital financing; 2. That a contribution of $18,808,401 from the Taxpayer Relief Reserve, which includes Safe Restart Funding, BE APPROVED to fund the net pressures related to the COVID-19 pandemic of $17,196,924 for Regional Departments, and $1,611,477 for the Agencies, Boards and Commissions COVID-19 pressures, as detailed in Appendix 2 of Report CSD 5-2021, for a net taxpayer impact of $0; 2.1 That an additional $4,319,211 draw from the Taxpayer Relief Reserve BE APPROVED to reduce the 2021 net levy operating budget to 1.8%; 3. That an additional 1.44% or $5,664,748 of assessment growth BE APPROVED to
Moved by Councillor Zalepa, seconded by Councillor Whalen
Carried
That Minutes PWC 1-2021 being the Open Session minutes of the Public Works Committee meeting held on Tuesday, January 12, 2021, BE RECEIVED and the recommendations contained therein BE APPROVED.
Moved by Councillor Rigby, seconded by Councillor Fertich
Carried
That Minutes PHSSC 1-2021 being the Open Session minutes of the Public Health & Social Services Committee meeting held on Tuesday, January 12, 2021, BE RECEIVED and the recommendations contained therein BE APPROVED.
Moved by Councillor Greenwood, seconded by Councillor Chiocchio
Carried
That Minutes CAORC 1-2021 being the Open Session minutes of the Chief Administrative Officer Recruitment Committee meeting held on Tuesday, January 12, 2021, BE RECEIVED and the recommendations contained therein BE APPROVED.
Moved by Councillor Redekop, seconded by Councillor Witteveen
Carried
That the motion BE AMENDED to add clause 3 as follows: 3. That staff BE DIRECTED to provide an interim update report to Regional Council at the March 25, 2021 Council meeting with the final report presented no later than the Regional Council meeting being held on June 24, 2021.
Moved by Councillor Steele, seconded by Councillor Sendzik
Carried
That the motion BE AMENDED to add clause 6 as follows: 6. That all required reports BE DISTRIBUTED to the Town of Pelham and City of Thorold.
Moved by Councillor Huson, seconded by Councillor Junkin
Carried
That Regional Council EXTEND this meeting's curfew to 11:00 p.m.
Moved by Councillor Junkin, seconded by Councillor Ugulini
Carried
That approval of the regional funding contribution policy to a maximum of 21% of the total local contribution BE
Moved by Councillor Whalen, seconded by Councillor Zalepa
Deferred
That the rules of procedure BE SUSPENDED to permit Council to extend this meeting's curfew until business is completed. Two-thirds majority having been achieved, the Regional Chair declared the vote,
Moved by Councillor Diodati, seconded by Councillor Foster
Carried
WHEREAS the Region contracted KPMG to conduct a sustainability review which was completed and presented to Council in 2019; WHEREAS the sustainability review identified a potential savings between $1.8 - $7.1 million dollars through an opportunity for "Integration of Service with Local Area Municipalities"; WHEREAS Regional Council has a responsibility to explore all opportunities to utilize public tax dollars in a manner that is as efficient and effective as possible; and service delivery review affords an opportunity to improve service levels while ensuring that municipalities are efficiently employing their resources while respecting local autonomy; WHEREAS Niagara's municipal CAO's have had preliminary meetings to discuss potential shared service delivery opportunities; NOW THEREFORE BE IT RESOLVED: 1. That Regional Council ADOPT an exploration of shared service delivery as a Council commitment and priority for the remainder of the term; 2. That Regional Council REQUEST: a) a summary report from the Chief Administrative Officer providing an update on shared service delivery discussions, progress to date and areas identified for further exploration; b) a draft timeline to engage municipal partners and discussion topics for further exploration on shared service opportunities; and Regional Council Open Session Minutes CL 1-2021 January 21, 2021 Page 19 c) these items be included on the March agenda of Regional Council for discussion.
Moved by Councillor Zalepa, seconded by Councillor Foster
Carried
That the notice requirements under Section 18.1 of the Procedural By-law BE WAIVED to permit the consideration of a motion from Councillor Villella respecting the provincial hospital capital cost share funding policy. Two-thirds majority having been achieved, the Regional Chair declared the vote,
Moved by Councillor Greenwood, seconded by Councillor Rigby
Carried
WHEREAS the Constitution Acts, 1867 to 1982, give provincial governments exclusive authority and responsibility for the provision of hospitals; WHEREAS current provincial policy expects a local contribution equal to a minimum of 10% of the capital costs related to new hospital construction projects; WHEREAS this funding policy places an unaffordable burden on communities who often look to their local municipalities to help fund a large portion of the mandated 10% "local share"; WHEREAS municipalities have limited opportunities to generate the revenue necessary to fund the 10% capital share required by provincial policy; Regional Council Open Session Minutes CL 1-2021 January 21, 2021 Page 20 WHEREAS funding this share requires a municipality to either make significant sacrifices to core municipal programs and services, or consider significant increases to property tax bills; and WHEREAS the Province of Ontario has a greater capacity to raise funds through broader and more progressive taxes, spread across a larger base in comparison to that of municipalities. NOW THEREFORE BE IT RESOLVED: That the Regional Chair BE DIRECTED to send a letter to Premier of Ontario and the Minister of Health requesting the Province of Ontario revise the Hospital Capital Cost Share funding policy to covers 100% of all new hospital construction costs. The following friendly amendment was accepted by the Regional Chair, and the mover and seconder of the motion: That a copy of the letter BE CIRCULATE
Moved by Councillor Villella, seconded by Councillor Huson
Carried
That Council DO NOW MOVE into closed session for the purposes of receiving information of a confidential nature respecting: A Matter concerning Personal Matters about identifiable individuals under s. 239(2) of the Municipal Act, 2001 - Update on Whistleblower Policy Complaints
Moved by Councillor Gale, seconded by Councillor Darte
Carried
That Revised Confidential Memorandum CL-C 4-2021, dated January 21, 2021, respecting A Matter concerning Personal Matters about identifiable individuals under s. 239(2) of the Municipal Act, 2001 - Update on Whistleblower Policy Complaints, BE RECEIVED for information.
Moved by Councillor Edgar, seconded by Councillor Easton
Carried
That the following Bills BE NOW READ and DO PASS: Bill 2021-01 A by-law to authorize long-term financing (1-10 years) in the amount of $25,000,000; and (1-30 years) in the amount of $52,820,651 Niagara Region Capital Projects. Bill 2021-02 A by-law to adopt the 2021 capital budget for the Regional Municipality of Niagara. Bill 2021-03 A by-law to establish fees and charges for services and activities provided by The Regional Municipality of Niagara and for the use of its property and to repeal Bylaw No. 2019-100. Bill 2021-04 A by-law to accept, assume and dedicate Part of Lot 21, Concession 1, in the Town of Grimsby as part of Regional Road No. 40 (South Service Road). Bill 2021-05 A by-law to authorize a 2021 Interim and waste management special upper-tier levy for the Regional Municipality of Niagara. Bill 2021-06 A by-law to amend By-law 2020-62, being a by-law to amend By-law 2017-56, being a By-law to regulate the use of the waste management system for The Regional Municipality of Niagara. Bill 2021-07 A by-law to adopt the 2021 operating budget and tax levy for The Regional Municipality of Niagara. Bill 2021-08 A by-law to provide for the adoption of amendment 18 to the Official Plan for the Niagara Planning Area to implement the urban boundary expansion for the northwest area of the City of Welland. Regional Council Open Session Minutes CL 1-2021 January 21, 2021 Page 23 Bill 2021-09 A by-law to adopt, ratify and confirm the actions of Regional Council at its meeting
Moved by Councillor Whalen, seconded by Councillor Bylsma
Carried

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