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Council
April 20, 2023
What was decided (20 motions)
20 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.
That Callum Shedden, Daniel & Partners LLP, BE PERMITTED to appear before Council as a delegate respecting A Matter of Litigation or Potential Litigation under s. 239(2)(e) of the Municipal Act, 2001 - Appeal to the Ontario Land Tribunal of Welland Committee of Adjustment Decision on Consent Application (Minute Item 9.1, Minutes PEDC 4-2023 (Agenda Item 11.6)).
Moved by Councillor Bateman, seconded by Councillor Davies
Carried
That the order of the agenda BE AMENDED, to move the consideration of Confidential Report PDS 16-2023, respecting A Matter of Litigation or Potential Litigation under s.239(2)(e) of the Municipal Act, 2001 - Appeal to the Ontario Land Tribunal of Welland Committee of Adjustment Decision on Consent Application (Minute Item 1.1 of Closed Session Minutes PEDC 4-2023 (Agenda Item 16.2.1)), to immediately following the delegation respecting this matter (Agenda Item 7.1).
Moved by Councillor Campion, seconded by Councillor Steele
Carried
That Council Agenda CL 7-2023, BE ADOPTED, as amended.
Moved by Councillor Zalepa, seconded by Councillor Gale
Carried
That Council DO NOW MOVE into closed session for the purposes of receiving information of a confidential nature respecting: A Matter of Litigation Affecting the Municipality under section 239(2)(e) of the Municipal Act, 2001: Ontario Lands Tribunal Appeal regarding the City of Welland Committee of Adjustment Decision on Consent Application
Moved by Councillor Sorrento, seconded by Councillor Jordan
Carried
That Confidential Report PDS 16-2023, dated April 5, 2023, respecting A Matter of Litigation Affecting the Municipality under section 239(2)(e) of the Municipal Act, 2001: Ontario Lands Tribunal Appeal regarding the City of Welland Committee of Adjustment Decision on Consent Application, BE RECEIVED; and That staff PROCEED as directed in closed session.
Moved by Councillor Sorrento, seconded by Councillor Whalen
Carried
That the following minutes of Regional Council BE ADOPTED: Open Session Minutes CL 4-2023, Thursday, March 23, 2023 (Special Meeting) Open and Closed Session Minutes CL 5-2023, Thursday, March 23, 2023 (Regular Meeting)
Moved by Councillor Morocco, seconded by Councillor Ganann
Carried
That the following items BE DEALT WITH as follows: CL-C 10-2023 respecting Appointment of Deputy Clerks for the purposes of the Commissioners for Taking Affidavits, BE RECEIVED; CL-C 11-2023 respecting Sewage Spill Crystal Beach Wastewater Treatment Plant December 25, 2022, BE RECEIVED; and CL-C 14-2023 respecting Comments on Township of West Lincoln Official Plan Amendments No. 62 and No. 63 Smithville-Expansion to Settlement Area, BE RECEIVED.
Moved by Councillor Witteveen, seconded by Councillor Gale
Carried
That Correspondence Item CL-C 12-2023, being a memorandum from A.- M. Norio, Regional Clerk, dated April 20, 2023, respecting Federation of Canadian Municipalities (FCM) Board of Directors Nomination, BE RECEIVED and the following recommendations BE APPROVED: 1. That Regional Council ENDORSE Councillor Diana Huson as Niagara Region’s representative to stand for election on the Federation of Canadian Municipalities (FCM) National Board of Directors (Ontario) for the period starting June 2023 and ending June 2024; and 2. That Regional Council CONFIRM it will assume all costs associated with the representative’s attendance at FCM’s Board of Directors meetings and Annual Conference.
Moved by Councillor Ip, seconded by Councillor Zalepa
Carried
That Correspondence Item CL-C 13-2023, dated April 20, 2023, respecting Standing Committee Appointment, BE RECEIVED and the following recommendation BE APPROVED: 1. That, effective immediately, Councillor Foster BE APPOINTED to the Public Health and Social Services Committee.
Moved by Councillor Morocco, seconded by Councillor Heit
Carried
That Minutes AC 2-2023 being the Open Session minutes of the Audit Committee meeting held on Monday, March 27, 2023, BE RECEIVED and the recommendations contained therein BE APPROVED.
Moved by Councillor Whalen, seconded by Councillor Rigby
Carried
That Minutes PBLRC 1-2023 being the minutes of the Procedural By-law Review Committee meeting held on Monday, March 20, 2023, BE ADOPTED.
Moved by Councillor Bateman, seconded by Councillor Foster
Carried
That Minutes PWC 4-2023 being the Open Session minutes of the Public Works Committee meeting held on Tuesday, April 4, 2023, BE RECEIVED and the recommendations contained therein BE APPROVED.
Moved by Councillor Witteveen, seconded by Councillor Insinna
Carried
That Minutes PHSSC 4-2023 being the Open Session minutes of the Public Health & Social Services Committee meeting held on Tuesday, April 4, 2023, BE RECEIVED and the recommendations contained therein BE APPROVED.
Moved by Councillor Morocco, seconded by Councillor Ganann
Carried
That Minutes CSC 4-2023 being the Open Session minutes of the Corporate Services Committee meeting held on Wednesday, April 5, 2023, BE RECEIVED and the recommendations contained therein BE APPROVED.
Moved by Councillor Foster, seconded by Councillor Whalen
Carried
That Minutes PEDC 4-2023 being the Open Session minutes of the Planning and Economic Development Committee meeting held on Wednesday, April 5, 2023, BE RECEIVED and the recommendations contained therein BE APPROVED, save and except Minute Item 9.1 and that the Closed Session Minutes PEDC 4-2023, BE ADOPTED.
Moved by Councillor Huson, seconded by Councillor Davies
Carried
That Report CAO 6-2023, dated April 20, 2023, respecting Homelessness Prevention Plan Investment Plan 2023-24, BE RECEIVED and the following recommendations BE APPROVED: 1. That the Ministry mandated Homelessness Prevention Plan (HPP) Investment Plan for the 2023-24 adjusted funding allotment BE APPROVED; and 2. That the addition of two (2) full time staff, fully funded through Provincial HPP dollars, to support system expansion and growth, BE APPROVED.
Moved by Councillor Morocco, seconded by Councillor Ip
Carried
WHEREAS municipally elected leaders do not have an appropriate accountability structure when it comes to perpetrating violence and harassment in the workplace; WHEREAS a fundamental, underlying principle of broadening diversity, equity and inclusion in politics rests on the assumption that the workplace is safe; WHEREAS Bill 5, The Stopping Harassment and Abuse by Local Leaders Act, would require Councillors to comply with the workplace violence and harassment policies of the municipality they represent, permit municipalities to direct the Integrity Commissioner to apply to the court to vacate a member's seat for failing to comply with the municipality's workplace violence and harassment policies, as well as restrict officials whose seat has been vacated from seeking immediate subsequent re-election; WHEREAS over 40 municipalities have formally endorsed and communicated public support for Bill 5; and Regional Council Open Session Minutes CL 7-2023 April 20, 2023 Page 10 WHEREAS Bill 5 would both hold accountable and protect all municipal officials. NOW THEREFORE BE IT RESOLVED: 1. That Niagara Regional Council EXPRESS its support for Bill 5, Stopping Harassment and Abuse by Local Leaders Act; and 2. That a copy of this motion BE SENT to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Association of Municipalities of Ontario and local area MPPs.
Moved by Councillor Huson, seconded by Councillor Easton
Carried
That Council DO NOW MOVE into closed session for the purposes of receiving information of a confidential nature respecting: Personal Matters About an Identifiable Individual and A Matter of Advice that is Subject to Solicitor-Client Privilege under s.239(2) of the Municipal Act, 2001 - Senior Administration Official
Moved by Councillor Davies, seconded by Councillor Whalen
Carried
That Confidential Memorandum CHR 1-2023, dated April 20, 2023, respecting Personal Matters about an Identifiable Individual and A Matter of Advice that is Subject to Solicitor-Client Privilege under s. 239(2) of the Municipal Act, 2001 - Senior Administration Official, BE RECEIVED; and That staff PROCEED as directed in closed session.
Moved by Councillor Seaborn, seconded by Councillor Bateman
Carried
That the following Bills BE NOW READ and DO PASS: Bill 2023-31 A by-law to set and levy the rate of taxation for Regional general and special purposes for the year 2023. Bill 2023-32 A by-law to set tax ratios and tax rate reductions for prescribed property subclasses for Regional purposes and Area Municipal purposes for the year 2023. Bill 2023-33 A by-law to appoint Deputy Regional Clerks for the purposes of the Commissioners for Taking Affidavits Act and to repeal By-law No. 2017-44 and 2019-71. Bill 2023-34 A by-law to appoint Municipal By-law Enforcement Officers for the purpose of enforcing various Regional By-laws for The Regional Municipality of Niagara. Bill 2023-35 A by-law to appoint Area Weed Inspectors for the purpose of enforcing the Weed Control Act, R.S.O. 1990, C.W.5, for The Regional Municipality of Niagara. Bill 2023-36 A by-law to adopt, ratify and confirm the actions of Regional Council at its meeting held April 20, 2023.
Moved by Councillor Jordan, seconded by Councillor Campion