MUNICIPALITY OF ARRAN-ELDERSLIE

Council Meeting

MINUTES

Meeting No. 16-2021

Monday, June 14, 2021 at 9:00 A.m. - 12:00 P.m.

Council Chambers and via Teleconference

1925 Bruce Road 10, Chesley, ON

Council Present:

• Mayor Steve Hammell
• Deputy Mayor Mark Davis - Present Electronically
• Councillor Brian Dudgeon - Present Electronically - Arrived at 9:12am Departed at 1:22pm
• Councillor Melissa Kanmacher - Present Electronically
• Councillor Ryan Greig - Present Electronically
• Councillor Ryan Nickason - Present Electronically

Council Absent:

• Councillor Doug Bell

Staff Present:

• Sylvia Kirkwood - CAO
• Christine Fraser-McDonald - Clerk
• Julie Reid - Deputy Clerk
• Scott McLeod - Public Works Manager - Present Electronically
• Tracey Neifer - Treasurer
• Carly Steinhoff - Recreation Manager - Present Electronically
• Pat Johnston - Chief Building Official - Present Electronically

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1.

Call to Order

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

2.

Adoption of Agenda

Council passed the following resolution: 

• 16-243-2021
  Moved by: Deputy Mayor Davis
  Seconded by: Councillor Nickason

  Be It Resolved that the agenda for the Council Meeting of Monday, June 14, 2021 be received and adopted, as distributed by the Clerk.

  Carried

3.

Disclosures of Pecuniary Interest and General Nature Thereof

4.

Adoption of Minutes of Previous Meeting(s)

Council passed the following resolution:

• 16-244-2021
  Moved by: Deputy Mayor Davis
  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 Tuesday, May 25, 2021.

  Carried

5.

Business Arising from the Minutes

6.

Public Meeting(s)

7.

Delegation(s)

7.1

Integrity Commissioner Report - Harold Elston

Harold Elston made a presentation to Council. 

He provided an overview with respect to the roles of Council, Staff and the Integrity Commissioner. 

These roles are all defined in the Municipal Act, 2001. 

The Integrity Commissioner enforces the Municipality's Code of Conduct for Council and provides advice to Council members and Staff.  The Integrity Commissioner's role is independent and appointed by Council as per the Municipal Act. 

Reports regarding formal complaints are provided to Council in open session to ensure transparency. 

Members must also abide by the legislation contained in the Municipal Conflict of Interest Act.  Any direct or indirect pecuniary interests must be declared and members must not participate in any discussion or decision making in respect of the matter.

Mr. Elston provided an overview of the Collingwood Inquiry and some of the recommendations that were made during that investigation. 

Mr. Elston has been the appointed Integrity Commissioner for Arran-Elderslie since 2011.

He provided a report outlining the requests that have been made during his tenure.  He has received seven requests for advice and one complaint that was dismissed. He also attended the Councillor's Orientation session to present his program “Codes, Conflicts & Commissioners” and has provided an educational session to Council as well.

His role is to advise and provide recommendations.

Members of Council asked for clarification on some items surrounding workload, reports and timing of reports.  

Mr. Elston responded to questions from Members of Council.  

Council thanked Mr. Elston for his presentation and report. 

• 16-245-2021
  Moved by: Deputy Mayor Davis
  Seconded by: Councillor Nickason

  Be It Resolved,

  1) That Council receives the Annual report of the Municipal Integrity Commissioner, Harold G. Elston, for information purposes. 

  Carried

7.2

The Paisley Common-Patio Request-James Colaco

James Colaco provided a presentation to Council to request a temporary patio extension onto the sidewalk.   

James and his wife have taken over the former Marty's Bar and Grill as of February 2021, which is now called The Paisley Common. They have maintained the Marty's menu and are putting a new face to it.  They are actively working to expand the restaurant.  Currently they have a takeout window and have been able to keep all ten of their employees employed throughout the pandemic lockdown.   

The Paisley Common is looking for the support of Council to install a temporary sidewalk patio to allow for outdoor dining and increased capacity.  

Council had several questions surrounding the concept.  Both Staff and James responded to the questions and concerns of Council.  

Council would like to see the structure and clarify some details before endorsing this initiative. 

Staff were directed to prepare a comprehensive report to be presented to Council at the June 28, 2021 meeting.  

Council thanked James for his delegation and for the investment he has put into the Arran-Elderslie business community. 

Council passed the following resolution:

• 16-246-2021
  Moved by: Deputy Mayor Davis
  Seconded by: Councillor Nickason

  Be It Resolved,

  That Council directs Staff to work with the County to facilitate the development of these temporary patio facilities and ensure that all administrative and technical aspects have been met for these projects and report back to Council next meeting on June 28 2021.

  Carried

8.

Correspondence

8.1

Requiring Action

8.1.1

Grey Bruce Pride Flag Raising Request

Council passed the following resolution:

• 16-247-2021
  Moved by: Deputy Mayor Davis
  Seconded by: Councillor Nickason

  Be It Resolved,

  1) That Council approves the request from Grey Bruce Pride to fly the Pride Flag during the month of June; and 

  2) That Council direct Staff to raise the Pride Flag for a period beginning Tuesday, June 15, 2021. and ending Wednesday, June 30, 2021; and 

  3) That Council direct Staff to review the Flag Raising Policy to allow requests to be approved for the term of Council if requested by the organization. 

  Carried

8.1.2

Letter from Residents - Indigenous Truth and Reconciliation

Councilllor Kanmacher referred to her Draft Notice of Motion that appears later in the agenda.  She provided an explanation of the five calls for actions and the municipal roles in respect of these.  

The Mayor read the motion and called for the vote. The vote was taken.  Prior to the motion being carried, a recorded vote was requested by Councillor Kanmacher.  Staff indicated that they would consult the procedural by-law for the correct process.  Councillor Kanmacher then indicated to continue with the agenda. Subsequent to the recess for lunch, the process was confirmed and a recorded vote was taken prior to Closed Session.

Subsequent to further discussion, Council passed the following resolution:

• 16-248-2021
  Moved by: Deputy Mayor Davis
  Seconded by: Councillor Nickason

  Be It Resolved,

  1) That Council has previously consented to the Municipal flags being lowered to half-mast for a period of 215 hours ending Tuesday, June 8th, 2021; and 

  2) That Council directs Staff to prepare a report for a future Council meeting in 2021 with respect to land acknowledgements and Truth and Reconciliation initiatives.

  For (5)

  Mayor Steve Hammell, Deputy Mayor Davis, Councillor Kanmacher, Councillor Nickason, and Councillor Greig

  Carried (5 to 0)

8.1.3

Paisley Blue Festival - Financial Support Request

• 16-249-2021
  Moved by: Deputy Mayor Davis
  Seconded by: Councillor Nickason

  Be It Resolved,

  That Council donate $3000.00 to the Paisley Blues Festival for the 2021 Summer Series of Live Music to be financed from the Council Donations Account 01-7410-7601.

  Defeated

8.2

For Information

8.2.3 - Council asked Staff to look into the Municipal Innovation Council's waste management study and provide a report back to Council.  Staff will also confirm the schedule of contact and reach out to the Municipal Innovation Council to have them attend a future meeting and provide an update.   

Council passed the following resolution:

• 16-250-2021
  Moved by: Deputy Mayor Davis
  Seconded by: Councillor Nickason

  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

8.2.1

2021-05-21 Support for Suicide and Crisis Prevention Hotline

8.2.2

Halton Hill LPAT Resolution

8.2.3

March 25 2021 MIC Minutes

8.2.4

CSWBP Advisory Committee Minutes April 23 2021

8.2.5

MPP Walker announces Step One of Roadmap to Reopen starts on June 11

8.2.6

Saugeen Valley Conservation Authority Low Water Conditions

9.

Staff Reports

9.1

CAO/Clerks Department

9.1.1

SRCLK-21-08 2021 Christmas Holidays

Clerk, Christine Fraser-McDonald responded to questions from Members of Council. 

Subsequent to further discussion, Council passed the following resolution:

• 16-251-2021
  Moved by: Deputy Mayor Davis
  Seconded by: Councillor Nickason

  Be It Resolved,

  • That SRCLK.21.08 be received – Christmas Holiday Closure – Administration Building; and
  • That Council supports the closure of the administration building between Christmas and New Year’s Day for 2021/2022 (December 24^th – January 1^st) inclusive; and
  • At the time of the closure, staff will be required to use their vacation time or take time unpaid, based on availability or any combination to cover the closure; and
  • That the actual days of closure, from one year to the next, shall be determined by Council.
  Carried

9.1.2

SRDPCLK.21.05 Folding Machine and Postage Meter Request for Quote

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

Subsequent to further discussion, Council passed the following resolution:

• 16-252-2021
  Moved by: Deputy Mayor Davis
  Seconded by: Councillor Nickason

  Be It Resolved,

  1. That SRDPCLK.21.05 Folding Machine and Postage Meter Request for Quote be received; and
  2. That Council direct Staff to contract the services of Pitney Bowes for the lease of a folder/insert machine at an annual cost of $2765.04 for a term of 66-months; and
  3. That Council defer both quotes to upgrade the postage meter at this time due to the cancellation clause of the current rental contract.
  Carried

9.2

Treasurer

9.2.1

SRFIN.21.23 Grant and Donation Policy

Treasurer, Tracey Neifer, responded to questions from Members of Council. 

Subsequent to further discussion, Council passed the following resolution:

• 16-253-2021
  Moved by: Deputy Mayor Davis
  Seconded by: Councillor Nickason

  Be It Resolved,

  1. That SRFIN.21.23 be received for information – Grant and Donation Policy, and
  2. That direct Staff to prepare a By-Law to adopt the Grant and Donation Policy

      

      

  Carried

9.2.2

SRFIN.21.24 Capital Update, May 31, 2021

Treasurer, Tracey Neifer, responded to questions from Members of Council. 

Subsequent to further discussion, Council passed the following resolution:

• 16-254-2021
  Moved by: Deputy Mayor Davis
  Seconded by: Councillor Nickason

  Be It Resolved,

  1. That SRFIN.21.24 be received for information – Capital Update May 31, 2021.

      

      

  Carried

9.3

Works Manager

9.3.1

SRW.21.22 Arran-Elderslie Support for Bruce County Teeswater Bridge

Works Manager, Scott McLeod responded to questions from Members of Council. 

Subsequent to further discussion, Council passed the following resolution:

• 16-255-2021
  Moved by: Deputy Mayor Davis
  Seconded by: Councillor Nickason

  Be it Resolved,

  1) That the Municipality of Arran-Elderslie Council support the Preferred Detour Route, Alternative Option #3 and Bridge Design Alternatives, presented at the May 18, 2021 Virtual Public Meeting; and

  2) That the Clerk provide a copy of this resolution to The Corporation of the County to Bruce endorsing Council's support of the recommendations made by BM Ross. 

  Carried

9.3.2

Brook Street West 2021 Construction

Works Manager, Scott McLeod responded to questions from Members of Council. 

Subsequent to further discussion, Council passed the following resolution:

• 16-256-2021
  Moved by: Deputy Mayor Davis
  Seconded by: Councillor Nickason

  Be It Resolved,

  That the Municipality of Arran-Elderslie postpone the 2021 Brook Street Construction until the 2022 Construction and Budget Year.

  Carried

9.4

Building Department

9.5

Recreation Department

9.5.1

SRREC.21.14 Chesley and Tara Painting Project

Recreation Manager, Carly Steinhoff, responded to questions from Members of Council. 

Subsequent to further discussion, Council passed the following resolution:

• 16-257-2021
  Moved by: Deputy Mayor Davis
  Seconded by: Councillor Nickason

  Be It Resolved that Council hereby:

  1. Receive the Report SRREC 21.10 regarding the Chesley and Tara Community Centre Painting Project; and
  2. That Council hereby award the quotation to A-1 General Contractors Inc. in the amount of $ 55,100.00 plus applicable taxes.

      

  Carried

9.5.2

Paisley Tennis Court Project

Recreation Manager, Carly Steinhoff, responded to questions from Members of Council. 

Subsequent to further discussion, Council passed the following resolution:

• 16-258-2021
  Moved by: Deputy Mayor Davis
  Seconded by: Councillor Nickason

  Be It Resolved that Council hereby:

  1. Receive the Report SRREC 21.13 regarding the Paisley Tennis Court Project; and
  2. That Council hereby approve the MEI Paving Contractors to complete this project at a cost of $ 25,317.00 excluding applicable taxes.

      

  Carried

9.5.3

SRREC.21.15 Tara Arena Brine Circulating System

Recreation Manager, Carly Steinhoff, responded to questions from Members of Council. 

Subsequent to further discussion, Council passed the following resolution:

• 16-259-2021
  Moved by: Deputy Mayor Davis
  Seconded by: Councillor Nickason

  Be It Resolved that Council hereby:

  1. Receive the Report SRREC 21.15 regarding the Tara Arena Brine Circulating System; and
  2. That Council hereby approve the T & W Enterprises to complete this project at a cost of $ 18,472.00 excluding applicable taxes. The funds will be a transferred from reserves 01-0000-2181; and
  3. That this purchase is hereby excluded from Article 4 of the procurement policy.
  Carried

9.6

Fire Departments

9.7

Community Development Co-ordinator

9.8

Planning Department

10.

Reports of Members

Davis:

Deputy Mayor Davis had nothing to report.

Dudgeon:

Councillor Dudgeon raised a concern about going into closed session.  The Clerk advised that the topic related to an identifiable individual. 

Greig:

Councillor Greig attended the Grey Sauble Conservation Meeting and will attend the Tara-Arran Fire Committee meeting this Wednesday.

Minor ball is able to return to the field. They are allowed 10 players excluding coaches.

Councillor Greig has been receiving complaints regarding Bruce County Planning and their timelines.  CAO Sylvia Kirkwood will be bringing a planning report to Council on June 28th for Delegation of Authority with respect to Consents.  

Kanmacher:

Councillor Kanmacher has had some correspondence with Sau'Tees about getting onto the municipal sewer system and with Stark's Mill regarding the water expansion project.  She has had some complaints regarding the James Street Construction that have been referred to Staff. On June 2, she toured the Paisley Community with Sylvia and on June 8th she joined the Code of Conduct Provincial call. She also attended a We Care meeting.  Councillor Kanmacher belongs to group called 100 Women Who Care, these women all donate $100 dollars towards a non-profit organization.  The recipient is chosen at random.  The Arran-Elderslie Youth Council was a nominee but was unfortunately not successful. 

Nickason:

Councillor Nickason will attend the Tara-Arran Fire Committee Meeting on June 17.  The BASWRA meeting has been cancelled. Sylvia and the CBO were up for a front porch meeting last week as well. 

Hammell:

Mayor Hammell had a virtual meeting with SGBHC on June 4 and there will be a virtual emergency room update on June 21. He will also attend the Tara-Arran Fire Committee meeting on June 17th.

There is a pilot project underway in Bruce County for recycling agricultural plastics and bags are available at the Arran landfill site.

The Mayor provided a Thank You to the Paisley Fire Department for their hard work at the recent rail trail bridge fire.

SMART Mobility is looking for a short-term replacement in Councillor Bell's absence for the June meeting.   Deputy Mayor Davis will attend in Councillor Bell's place. 

11.

Health and Safety

12.

Other Business

13.

Notice of Motion

13.1

DRAFT Motion - Indigenous Truth and Reconciliation - Councillor Kanmacher

Councillor Kanmacher provided an explanation of her DRAFT Notice of Motion. She would like to see a committee formed to support the Diversity, Inclusion, Equity and Accessibility needs within the Municipality. 

The motion was seconded by Ryan Greig. 

The Notice of Motion will be brought to the next meeting, June 28, 2021 for discussion. 

14.

By-laws

14.1

By-Law 40-2021 Execute Joint Community Safety and Well Being Agreement

Council passed the following resolution:

• 16-260-2021
  Moved by: Deputy Mayor Davis
  Seconded by: Councillor Nickason

  Be It Resolved that By-law No. 40-2021 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 40-2021 being a By-law to Authorize an Agreement with the County of Bruce, County of Grey and Participating Lower Tier Municipalities, including the Municipality of Arran-Elderslie to Develop a Joint Community Safety & Well-Being Plan.

  Carried

14.2

By-Law 42-2021 Authorize Agreement for a Dry Hydrant

Council passed the following resolution:

• 16-261-2021
  Moved by: Deputy Mayor Davis
  Seconded by: Councillor Nickason

  Be It Resolved that By-law No. 42-2021 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 42-2021 being a By-law to Authorize an Agreement with John Kenneth Alpaugh to erect a dry hydrant system located on the parcel known as PT LT 27, Con 13 Elderslie PT 3, 3R9267; Municipality of Arran-Elderslie being PIN 33176-0179 (LT)

  Carried

14.3

By-Law No. 43-2021 Adopt Amended Code of Conduct

Council passed the following resolution:

• 16-262-2021
  Moved by: Deputy Mayor Davis
  Seconded by: Councillor Nickason

  Be It Resolved that By-law No. 43-2021 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 43-2021 being a By-law to Amend the Code of Conduct for the Members of the Council of the Municipality of Arran-Elderslie. 

  Carried

15.

Closed Session (if required)

Councillor Dudgeon left his seat at 1:22pm. 

The Mayor advised that Council go into Closed Session at 1:34 p.m. for the purpose of matters identified in the motion below.

• 16-263-2021
  Moved by: Deputy Mayor Davis
  Seconded by: Councillor Nickason

  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

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

  ( ) proposed or pending acquisition or disposition of real property 

  ( ) labour relations or employee negotiations

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

  ( ) 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 has authorized a meeting to be closed under another act

  ( ) education or training of members of Council

  Staff Authorized to Remain:

  Sylvia Kirkwood - CAO 

  Christine Fraser-McDonald - Clerk

  Julie Reid - Deputy Clerk

  Pat Johnston - Chief Building Official

  Carried

16.

Resolution to Reconvene in Open Session

Mayor Hammell confirmed that Council discussed only those matters identified in the above motion. 

Council passed the following resolution:

• 16-264-2021
  Moved by: Deputy Mayor Davis
  Seconded by: Councillor Nickason

  Be It Resolved That Council of the Municipality of Arran-Elderslie does now return to the Open Session at 2:17 p.m.

  Carried

17.

Adoption of Closed Session Minutes

Council passed the following resolution:

• 16-265-2021
  Moved by: Councillor Greig
  Seconded by: Councillor Nickason

  Be It Resolved; that Council of the Municipality of Arran-Elderslie adopt the minutes of the Closed Session dated May 25, 2021.

  Carried

18.

Adoption of Recommendations Arising from Closed Session (If Any)

Direction was given to staff in Closed Session for items.

19.

Confirming By-law

Council passed the following resolution:

• 16-266-2021
  Moved by: Deputy Mayor Davis
  Seconded by: Councillor Nickason

  Be It Resolved that By-law No. 41 - 2021 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 41 - 2021 being a By-law to confirm the proceedings of the Regular Council meeting of the Municipality of Arran-Elderslie held Monday, June 14, 2021.

  Carried

20.

Adjournment

Council passed the following resolution:

• 16-267-2021
  Moved by: Deputy Mayor Davis
  Seconded by: Councillor Nickason

  Be It Resolved that the meeting be adjourned to the call of the Mayor at 2:24 p.m.

  Carried

21.

List of Upcoming Council meetings