MUNICIPALITY OF ARRAN-ELDERSLIE

Council Meeting

MINUTES

Meeting Number 01-2023

Monday, January 09, 2023 at 9:00 A.m. - 12:00 P.m.

Council Chambers

1925 Bruce Road 10, Chesley, ON

Council Present:

• Mayor Steve Hammell
• Deputy Mayor Jennifer Shaw
• Councillor Ryan Nickason
• Councillor Darryl Hampton
• Councillor Brian Dudgeon
• Councillor Moiken Penner
• Councillor Peter Steinacker

Staff Present:

• Sylvia Kirkwood - CAO
• Christine Fraser-McDonald - Clerk
• Julie Hamilton - Deputy Clerk
• Scott McLeod - Public Works Manager
• Tracey Neifer - Treasurer
• Carly Steinhoff - Recreation Manager
• Pat Johnston - Chief Building Official - Present Electronically
• Steve Tiernan - Fire Chief
• Chris Legge - Water/Sewer Foreperson
• Christina Tennyson -Regional Economic Development Coordinator for Bruce County

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1.

Call to Order

Mayor Hammell called the meeting to order at 9:00 am. A quorum was present. 

2.

Mayor's Announcements (If Required)

The Mayor thanked all the works department employees for their hard work during the blizzard.  He also thanked the office staff for keeping the website and Facebook up to date during the storm.

3.

Adoption of Agenda

Council passed the following resolution: 

• 01-01-2023
  Moved by: Councillor Hampton
  Seconded by: Deputy Mayor Shaw

  Be It Resolved that the agenda for the Council Meeting of Monday, January 9, 2023 be received and adopted, as distributed by the Clerk.

  Carried

4.

Disclosures of Pecuniary Interest and General Nature Thereof

None.

5.

Unfinished Business

None.

6.

Minutes of Previous Meetings

6.1

December 12, 2022 Regular Council Minutes

Subsequent to further discussion, Council passed the following resolution:

• 02-01-2023
  Moved by: Councillor Hampton
  Seconded by: Councillor Nickason

  Be It Resolved that the Council of the Municipality of Arran-Elderslie adopt the minutes of the Regular Council Session held on December 12, 2022.

  Carried

7.

Business Arising from the Minutes

7.1

Chesley Legion - Request for Tax Receipts

Treasurer Tracey Neifer gave Council an update.  

She noted that under the Canada Revenue Agency rules and regulations that the Municipality cannot issue tax receipts for another entity that is not a charitable group.

A donor cannot choose a specific beneficiary for their gift or ask the qualified donee to give the gift to another non-qualified donee.  However, a donor can ask that their gift be used in a particular program of the qualified donee as long as there is no benefit to the donor or anyone not at arm's length to the donor. The qualified donee must be able to use the gift within the particular program as it sees fit. If the donor retains control, the donation is no longer considered a gift at law and a receipt cannot be issued.

8.

Minutes of Sub-Committee Meetings

None.

9.

Public Meeting(s)

None.

10.

Delegations 

10.1

Abundant Solar Energy Inc.

Matt McGregor, Richard Lu, and Chris Buligan gave a presentation to Council.

They previously delegated Council in December and held another public meeting last week in Chesley.

They are proposing a battery energy storage system for a private property situated at 60 Industrial Park Road in Chesley.

There is a supply gap of electricity due to the 2025 shut down at the Pickering Nuclear station as well as a general increase in demand.  This system is here to benefit the local grid and will serve Chesley and Paisley.  They will contract with a local electrical firm to maintain the system.

The proponent/investor is Solar Flow-Through Fund. 

If this site is selected, they will be applying for permits and will be in operation by mid-2025.

Subsequent to further discussion, Council passed the following resolution:

• 03-01-2023
  Moved by: Deputy Mayor Shaw
  Seconded by: Councillor Dudgeon

  Be it Resolved, that the Council of Arran-Elderslie hereby provides their support to Abundant Solar Energy Inc., on behalf of 1000234813 Ontario Inc., for their proposed submission to IESO for the proposal to construct and operate a long-term reliability project with distribution connected battery energy storage systems (BESS) charged from the utility grid on lands municipally known as 60 Industrial Park Drive, Chesley.

  Notwithstanding Council's support for submission to IESO, it should be noted that the applicant may be required to submit future land use development related applications for this project if the proposal is successfully awarded by IESO.

  Project Name: OZ-1

  BESS Size: 4.99MW/19.96MWh

  Legal description of the portion of the Project Site:

  LT 13-34, 36-47, 50-61, 65-76, 80-91, 96-101 PL 310; MCGAW ST, HIGH ST PL 310 S/T & T/W R376714; PT PARKLT T, U PL 217 & PT RIVER ST PL 310 CLOSED BY CH7716, PT 1 & 5

  3R7740, PT 1, 2, 4 3R7734; PT FAIRVIEW AV, RIVER ST PL 310 PT 1, 2, 4 3R4763, PT 11 3R7734 CLOSED BY R374503, PT 1, 2, 3 3R6870 CLOSED BY R339205, PT 6, 7 3R4763 CLOSED BY CH7716; PT LANE PL 310 CLOSED BY CH7716, BTN LT 13 TO 22 PL 310; LANE LYING NORTHERLY OF LT 23 TO 32, PL 310; PT LANE PL 310 LYING EASTERLY AND ABUTTING LT 32 TO 34, PL 310 CLOSED BY R374503 PT 7, 8, 9 3R7740; LANE PL 310

  BTN HIGH ST AND MCGRAW ST EXTENDING FROM QUEEN ST TO FAIRVIEW AV; LANE PL 310 BTN RIVER ST AND HIGH ST EXTENDING FROM QUEEN ST TO FAIRVIEW AV; LANE PL 310 BTN LT 40 TO 43, 54 TO 57, 69 TO 72, 84 TO 87, 100 & 101 PL 310, CLOSED BY R374503; LANE PL 310 BTN LT 100 & 101; PT LORNE ST PL 310 PT 3 3R7740, S/T R377152, PT 9, 10 3R7734, S/T R375072, CLOSED BY R374503;S/T R278375,R324241, R356491, R356492, R380920, R380921 MUNICIPALITY OF ARRAN-ELDERSLIE

  Carried

11.

Presentations

11.1

Municipal Innovation Council - Becky Smith

Becky Smith of the Municipal Innovation Council (MIC) gave a presentation to Council.

The Municipal Innovation Council was established in 2020 when eight municipalities in the County of Bruce came together to find savings, efficiencies and deliver services better to their residents — all with the goal of building smarter, stronger, more resilient communities.

Areas of focus are construction and infrastructure, IT and digital services, municipal sustainability and liveable communities.

For every MIC dollar invested, they have been able to double that through external funding sources.  This brings the total value delivered by the MIC to over $1.25 million.

In 2023, they are looking at medical professional recruitment, municipal succession planning, waste management, municipal labour and workforce housing.

The MIC funding model is based on a $12,000 base fee (annual) + $2.50 per household – based on 2016 census.  Therefore Arran-Elderslie's fee would be $19,575 (annual).

Council thanked Ms. Smith for her presentation.

11.2

Development Planning in Arran-Elderslie - Daniel Kingsbury, Senior Planner and Megan Stansfield, Planner

Daniel Kingsbury, Senior Planner and Megan Stansfield, Planner gave a presentation to Council.

They noted that the broad purpose of land use planning is to regulate and control the development of land to provide for orderly and systematic growth within a specified geographic area or region.

There are different spheres of responsibility:  
• Federal Provincial jurisdiction over property does not extend to federally- regulated lands or activities (i.e., navigable waters, railways, aeronautics,
telecommunications, etc.)
• Provincial Province derives its authority with respect to land use planning from its powers over “property and civil rights” and “matters of a local or private nature” under sections 92(13) & (16) of the Constitution Act, 1867
• Municipal Provincial governments have delegated much of the land use planning authority to municipalities (i.e., Planning Act)
• Provincial jurisdiction can override municipal jurisdiction (e.g., ministerial zoning orders) 

The Provincial Policy Statement looks at building strong and healthy communities, the wise use and management of
resources,  and protecting public health and safety. Official Plans establish community vision, goals & objectives, policies to guide land use decisions.  There is a County Official Plan and a Local Official Plan which must conform and may be more, but not less restrictive.

The Arran-Elderslie Official Plan provides detailed direction to the Chesley, Paisley and Tara and has a higher level of detail than the County Plan.  Plans and amendments must be approved by the County.

Council thanked Mr. Kingsbury and Ms. Stansfield for their presentation.

12.

Correspondence

12.1

Requiring Action

12.1.1

Rental of Tara Curling Club on June 27, 2023

Subsequent to further discussion, Council directed that this be deferred to Budget discussions.

12.1.2

Crime Stoppers of Grey Bruce - Request for Letter of Support

Subsequent to further discussion, Council passed the following resolution:

• 04-01-2023
  Moved by: Councillor Steinacker
  Seconded by: Councillor Penner

  Be it Resolved that Council directs staff to prepare a letter of support on behalf of Crime Stoppers of Grey Bruce.  

  Carried

12.2

For Information

Subsequent to further discussion, Council passed the following resolution:

• 05-01-2023
  Moved by: Councillor Hampton
  Seconded by: Councillor Penner

  Be It Resolved that the Council of the Municipality of Arran-Elderslie receives, notes, and files correspondence on the Council Agenda for information purposes.

  Carried

12.2.1

Saugeen Valley Conservation Authority Board Minutes - October20, 2022

12.2.2

Crime Stoppers Month January 2023

13.

Staff Reports

13.1

CAO/Clerks 

13.1.1

SRDPCLK.2023.01 Tile Drainage Loan Application – Concession 4, PT LOT 9, Elderslie

Deputy Clerk, Julie Hamilton, responded to questions from Members of Council. 

Subsequent to further discussion, Council passed the following resolution:

• 06-01-2023
  Moved by: Councillor Dudgeon
  Seconded by: Deputy Mayor Shaw

  Be It Resolved that Council hereby,

  1. Receive Tile Drainage Loan Application – Maxwell Beef Farms Ltd. with the estimated cost of the drainage system in the amount of $88,000.00 for Part Lot 9, Concession 4, geographic Township of Elderslie, Roll Number 4103-380-002-12400, subject to the availability of funds allocated by the Province of Ontario for tile drainage purposes;
  2. That amount of the tile drain loan will be $50,000.00; and
  3. That a by-law be prepared to impose special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act.

      

  Carried

13.1.2

SRDPCLK.2023.02 Tile Drainage Loan Application – Concession 4, LT 8 PT LOT 7, Elderslie

• 07-01-2023
  Moved by: Councillor Hampton
  Seconded by: Councillor Nickason

  Be It Resolved that Council hereby,

  1. Receive Tile Drainage Loan Application – George D. Maxwell, with the estimated cost of the drainage system in the amount of $137,600.00 for Part Lot 7 and Lot 8, Concession 4, geographic Township of Elderslie, Roll Number 4103-380-003-00700, subject to the availability of funds allocated by the Province of Ontario for tile drainage purposes;
  2. That amount of the tile drain loan will be $50,000.00; and
  3. That a by-law be prepared to impose special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act.

      

  Carried

13.2

Finance 

13.2.1

SRFIN.23.01 – DRAFT 2023 Operating and Capital Budget

Treasurer Tracey Neifer discussed the draft budget with Council.

The public meeting for the budget will be held on February 22, 2023 at 6:00 p.m. in the Council Chambers.

• 16-01-2023
  Moved by: Councillor Hampton
  Seconded by: Councillor Dudgeon

  Be It Resolved that Council hereby,

  1. Support staff to continue to refine the Budget to address efficiencies and cost savings; and
  2. Direct staff to bring the 2nd Draft Capital & Operating Budget including the Reserve Continuity and Draft Revised Fees and Charges Bylaw forward to Council on January 30, 2023 for review and consideration.
  Carried

13.3

Public Works 

The Public Works Manager noted that the damaged snow plow will be repaired.  

There is an incident report and going forward, the incident will be reviewed in-house including plowing procedures.

13.3.1

SRWS.23.01 Drinking Water Quality Management Review and Updates for 2021

• 08-01-2023
  Moved by: Deputy Mayor Shaw
  Seconded by: Councillor Penner

  Be It Resolved that Council hereby,

  1. Accepts Report SRWS.23.01 which includes Drinking Water Quality Management Standard (DWQMS) review and updates for 2021.

      

  Carried

13.3.2

SRWS.23.02 – Water Operations Truck Purchase

• 09-01-2023
  Moved by: Councillor Hampton
  Seconded by: Deputy Mayor Shaw

  Be It Resolved that Council hereby,

  1. Approves the purchase of a new 2022 K1500 Silverado Crew Cab Short Box (WT) from Bud Rier Chevrolet Ltd in Paisley, Ontario for Public Works Department - Water/Sewer Operations at the cost of $53,102.18 (plus applicable taxes).
  Carried

13.4

Building/Bylaw

None.

13.5

Facilities, Parks and Recreation

None.

13.6

Emergency Services 

None.

13.7

Economic Development and Planning

None.

14.

Notice of Motion

None.

15.

Members Updates 

Shaw:

Deputy Mayor Shaw thanked staff for their hard work during the blizzard.  She attended the Grey Sauble Conservation Authority meeting as well as the Abundant Solar public meeting.  She met with the economic development officer and Bruce County Economic Development Manager regarding the community improvement plans.  She will be attending the Clean Energy Frontier symposium on Friday.

Hampton:

Councillor Hampton thanked staff for all their hard work during the storm.  He attended a doctor recruitment meeting as well as attending the Abundant Solar public meeting

Dudgeon:

Councillor Dudgeon thanked CAO Sylvia Kirkwood and Works Manager Scott McLeod for being so accessible during the blizzard.

Steinacker:

Councillor Steinacker had received some questions regarding property standards in Tara.  

Penner:

Councillor Penner had a few ratepayer calls regarding snow plowing, birds and cats.

Nickason:

Councillor Nickason noted that the Allenford Christmas lights were well received.  

Hammell:

Mayor Hammell attended the Abundant Solar public meeting as well as meeting with the economic development officer and Bruce County Economic Development Manager regarding the community improvement plans.. He thanked staff for keeping Arran-Elderslie safe through the blizzard.

16.

New Business

16.1

Approval of Attendance at Event - Deputy Mayor Shaw and Councillor Penner

• 15-01-2023
  Moved by: Councillor Steinacker
  Seconded by: Councillor Nickason

  Be It Resolved that Council hereby approves the attendance of Deputy Mayor Shaw and Councillor Penner at the Clean Energy Frontier Summit, being held at the Best Western Plus in Walkerton on Friday, January 13, 2023.

  Carried

17.

By-laws

Subsequent to further discussion, Council passed the following resolution:

17.1

By-law 01-2023 - Fire Marque

Subsequent to further discussion, Council passed the following resolution:

• 10-01-2023
  Moved by: Councillor Nickason
  Seconded by: Councillor Hampton

  Be It Resolved that By-law No. 01-2023 be introduced and read a first, second and third time, signed by the Mayor and Clerk, sealed with the Seal of the Corporation, and engrossed in the By-law Book.

   

  By-law 01-2023 being a By-law to authorize cost recovery (fees) with respect to Fire Department specific responses with Indemnification Technology (Fire Marque).

   

  Carried

17.2

By-law 02-2023 Tile Loan Debenture 2023-02 Rating Bylaw

Council passed the following resolution:

• 11-01-2023
  Moved by: Councillor Dudgeon
  Seconded by: Councillor Hampton

  Be It Resolved that By-law No. 02-2023 be introduced and read a first, second and third time, signed by the Mayor and Clerk, sealed with the Seal of the Corporation, and engrossed in the By-law Book.

   By-law 02-2023 being a By-law imposing special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act.

  Carried

18.

Closed Session (if required)

• 12-01-2023
  Moved by: Councillor Dudgeon
  Seconded by: Councillor Steinacker

  Be It Resolved, That the Council of the Municipality of Arran-Elderslie does now go into closed session to discuss an item(s) which relates to:

  ( )  the security of the property of the municipality or local  board;

  ( )  personal matters about an identifiable individual, including municipal or local board employees;

  ( )  a proposed or pending acquisition or disposition of land by the municipality or local board;

  ( )  labour relations or employee negotiations;

  ( )  litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;

  (X)  advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

  ( )  a matter in respect of which a council, board, committee or other body may hold a closed meeting under another Act;

  ( )  information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them;

  (X)  a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; (waste management collection contract renewal)

  ( )  a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; or

  ( )  a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board.

  Staff Authorized to Remain:

  Item 1: CAO Sylvia Kirkwood, Works Manager Scott McLeod, Clerk Christine Fraser-McDonald, Treasurer Tracey Neifer

  Guest Authorized to Remain:  Duane Stade, owner Bruce Service Sales and Rental Inc. and Josh Stade

  Item 2: CAO Sylvia Kirkwood and Clerk Christine Fraser-McDonald

  Carried

19.

Resolution to Reconvene in Open Session

Council passed the following resolution:

• 13-01-2023
  Moved by: Councillor Hampton
  Seconded by: Councillor Nickason

  Be It Resolved That Council of the Municipality of Arran-Elderslie does now return to the Open Session at 12:15 p.m.

  Carried

20.

Adoption of Recommendations Arising from Closed Session (If Any)

Mayor Hammell reported out of the closed session indicating that Council only discussed the matters identified in the motion regarding waste management and the litigation update.

Direction was given to staff in Closed Session for items 1 and 2.

21.

Adoption of Closed Session Minutes

Subsequent to further discussion, Council passed the following resolution:

• 14-01-2023
  Moved by: Councillor Hampton
  Seconded by: Councillor Steinacker

  Be It Resolved that Council of the Municipality of Arran-Elderslie adopt the minutes of the Closed Sessions dated November 28, 2022 and December 12, 2022.

  Carried

22.

Confirming By-law

22.1

By-law 03-2022

Council passed the following resolution:

• 17-01-2023
  Moved by: Deputy Mayor Shaw
  Seconded by: Councillor Dudgeon

  Be It Resolved that By-law No. 03-2023 be introduced and read a first, second and third time, signed by the Mayor and Clerk, sealed with the Seal of the Corporation, and engrossed in the By-law Book.

  By-law  03-2023 being a By-law to confirm the proceedings of the Regular Council meeting of the Municipality of Arran-Elderslie held Monday, January 9, 2023.

  Carried

23.

Adjournment

Subsequent to further discussion, Council passed the following resolution:

• 18-01-2023
  Moved by: Councillor Nickason
  Seconded by: Councillor Hampton

  Be It Resolved that the meeting be adjourned to the call of the Mayor at 3:59 p.m.

  Carried

24.

List of Upcoming Council meetings

January 30, 2023

February 13, 2023

February 27, 2023

March 13, 2023