The Fort Erie Record

Regular Council in Committee

October 21, 2013

What was decided (24 motions)

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

THAT:The recommendations contained in Report Nos. IS-37-2013, CS-23-2013 and CS-25-2013 be and they are hereby approved. (
Moved by Councillor Shular
Carried
THAT:Council hereby receives Report No. IS-35-2013 for information purposes, and further THAT:Council hereby authorizes staff to proceed with Alternative 1, as described in Report No. IS-35-2013, for consideration with the 2014 Budget to increase service levels for the maintenance of Town parks, cemeteries, beaches and trails. (
Moved by Councillor Shular
Carried
THAT: Council hereby supports, in principle, the implementation of an enhanced waste management service for the collection of bulky and white goods for multi- residential and mixed-use properties by the Regional Municipality of Niagara. (
Moved by Councillor Hill
Carried
THAT:Council hereby approves the October 3, 2013 Land Committee Meeting Minutes attached as Appendix "1" to Report No. CAO-12/LC-18-2013, save and except Items 3.2, 3.8 and 3.13, and further THAT:Council hereby approves the recommended tasks as outlined in Appendix "2" to Report No. CAO-12/LC-18-2013. (
Moved by Mayor Martin
Carried
THAT:Council hereby approves Items 3.2 and 3.13 of the October 3, 2013 Land Committee Meeting Minutes attached as Appendix "1" to Report No. CAO-12/LC- 18-2013. (
Moved by Mayor Martin
Carried
THAT:Council hereby approves Item 3.8 of the October 3, 2013 Land Committee Meeting Minutes attached as Appendix "1" to Report No. CAO-12/LC-18-2013. (
Moved by Mayor Martin
Carried
THAT: Council hereby receives Report No. CAO-13-2013 for information purposes. (
Moved by Mayor Martin
Carried
THAT:Council hereby approves the award of the Insurance and Risk Management Services contract to BFL Canada Risk and Insurance Services Inc. for a tender cost of $475,872.84 inclusive of pst, for a one year period commencing January 1, 2014 with the Town's option to extend the agreement for up to four additional one year terms, and further THAT:Council hereby authorizes staff's recommendation to adjust coverage for items outlined in Appendix "1" at a premium cost of $32,672.16 inclusive of pst, and further THAT:The Ontario Municipal Insurance Exchange (OMEX) be notified of the termination of services by October 31, 2013 in accordance with the Reciprocal Agreement. (
Moved by Councillor Shular
Carried
THAT: Section 22.2 of the Draft Code of Conduct be amended by changing “six (6) months” in Line 5 thereof to “one (1) year.” (
Moved by Councillor Lubberts
Carried
THAT: The Clerk obtain legal advice regarding the deletion of Section 22.4 of the Draft Code of Conduct and report to Council accordingly. (
Moved by Councillor Lubberts
Carried
THAT: Section 27.6 of the Draft Code of Conduct be amended by including the words at the end of the sentence as follows: “not without the penalty of paying costs of the Integrity Commissioner investigation.” (
Moved by Councillor Lubberts
Lost
THAT: The Draft Code of Conduct be amended by including a provision for reimbursement of legal fees as follows: “25.5 Where a member of Council who is the subject of an investigation consults with a lawyer and the complaint is subsequently determined not to have merit, the member of Council shall be reimbursed for legal expenses to a maximum of $1,000.” (
Moved by Councillor Steckley
Carried
THAT: The Draft Code of Conduct be amended by including a provision for a refundable complaint application fee as follows: “23.4 (a) A complainant shall pay to the Clerk a refundable fee in the amount of $100.00 upon the filing of a complaint under Section 23.3; (b) The fee payable under subsection (a) shall be refunded to the complainant when the Integrity Commissioner files their report under Section 28 except as may otherwise be required herein; (c) Where a complaint is found to be frivolous, vexatious, or not made in good faith under Section 25, the fee shall not be refunded; (d) Where a complaint has been stayed under Section 28.2, a complainant may withdraw their complaint and receive a refund of the fee.” (
Moved by Councillor Collard
Carried
THAT: The Draft Code of Conduct be considered in two parts, namely Sections 1 to 20 (Code of Conduct), and Sections 21 to 38 (Integrity Commissioner). (
Moved by Mayor Martin
Carried
THAT: Sections 1 to 20 of the Draft Code of Conduct be approved. (
Moved by Councillor Shular
Carried
THAT: Sections 21 to 38 of the Draft Code of Conduct be approved, as amended. (
Moved by Councillor Collard
Carried
THAT: The Draft Code of Conduct be amended under Section 14.5 respecting gifts and benefits by providing that if the gift or benefit does not exceed $100.00 it does not have to be disclosed and if gifts or benefits exceed $300.00 in total in one year then it must be disclosed. (
Moved by Councillor Lubberts
Lost
THAT: A by-law be submitted to Council to adopt the new Code of Conduct annexed to this report as Appendix “2”, as amended, subject to the Clerk obtaining legal advice regarding Section 22.4 and reporting to Council accordingly, and to repeal Appendix “B” of Council Rules of Procedure By-law No. 145-06, as amended. (
Moved by Councillor Collard
Carried
THAT:Council hereby delegates the authority to the Integrity Commissioner to impose sanctions and/or penalties as set out in the Code of Conduct upon the offending member of Council where there has been a contravention of the Code of Conduct. (
Moved by Councillor Collard
Carried
THAT:A by-law be submitted to Council to establish the Office of Integrity Commissioner and to set out the duties and responsibilities substantially in the form of Appendix “3” annexed to this report. (
Moved by Councillor Collard
Carried
THAT:Staff be directed to issue an Expression of Interest for Integrity Commissioner services. (
Moved by Councillor Collard
Carried
THAT:Recommendation No. 23 be amended by changing the term to read “one year” instead of “three years”. (
Moved by Councillor Shular
Lost
THAT:Upon completion of the review of Expressions of Interest, the Clerk shall submit a report to Council recommending the appointment of an Integrity Commissioner for a period of three years. (
Moved by Councillor Collard
Carried
THAT:Council-in-Committee does now hereby adjourn at 9:44 p.m. (
Moved by Councillor Hill
Carried

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