The Corporation of the Township of Brock

Council Minutes

Session 6
-
Virtual Meeting
Members Present:
  • Mayor John Grant
  • Regional Councillor Smith
  • Ward 1 Councillor Michael Jubb
  • Ward 2 Councillor Claire Doble
  • Ward 3 Councillor Walter Schummer
  • Ward 4 Councillor Cria Pettingill
  • Ward 5 Councillor Lynn Campbell
Staff Present:
  • CAO Ingrid Svelnis
  • Deputy Clerk Deena Hunt
  • Deputy Clerk Maralee Drake
  • Fire Chief Rick Harrison
  • Director of Public Works Paul Lagrandeur
  • Chief Building Official Richard Ferguson
  • Interim Director of Finance/Treasurer Sheila Strain
  • Planner Debbie Vandenakker
  • By-law Enforcement/Animal Control Supervisor, Sarah Beauregard-Jones
  • Manager Recreation, Parks and Facilities David Tompkins

1.
Call to Order
  

Mayor Grant called the meeting to order at 4:30 p.m.

2.
Disclosure of Pecuniary Interest and Nature thereof in Closed Session
  

None.

3.
Closed Session - 4:30 p.m. 
  

  • Resolution:1-6
    Moved byRegional Councillor Smith
    Seconded byCouncillor Doble

    That Council move in Closed Session at 4:35 p.m. to discuss litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board pursuant to Section 239(2)(e) of the Municipal Act. 

     

    a) Property Standards Non-Compliance

    CARRIED

4.
Rise from Closed Session
  

  • Resolution:2-6
    Moved byCouncillor Campbell
    Seconded byCouncillor Jubb

    That we rise from in camera at 5:36 p.m.

    CARRIED
  • Resolution:3-6
    Moved byCouncillor Campbell
    Seconded byCouncillor Pettingill

    That the direction provided in closed session be approved.

    CARRIED
  • Resolution:4-6
    Moved byCouncillor Jubb
    Seconded byRegional Councillor Smith

    That Council break for a recess at 5:40 p.m.

    CARRIED

5.
Call Open Session to Order & Moment of Silence – 5:00 p.m.
  

Mayor Grant reconvened open session at 5:50 p.m. with the same members of Council and staff in attendance including the Interim Director of Finance, Director of Public Works, Fire Chief, and the Manager Recreation, Parks and Facilities.

The Deputy Clerk confirmed roll call attendance and provided procedural advice for electronic participation in the meeting.

Mayor Grant requested a moment of silence for reflection on the discovery of more unmarked graves at residential schools in Canada and for the recent loss of family members of Township staff.

Mayor Grant read the acknowledgement of traditional treaty lands.

6.
Disclosure of Pecuniary Interest and Nature Thereof
  

None.

7.
Matters from Closed Session
  

See earlier in the meeting at Resolution 3-6.

8.
Presentations
  

None.

9.
Delegations and/or Petitions
  

None.

10.
Consent Agenda
  

  • Resolution:5-6
    Moved byCouncillor Pettingill
    Seconded byCouncillor Schummer

    That the items listed in Section 10, Consent Agenda be approved save and except items 10.2.1, 10.2.2, 10.2.4, 10.2.7, 10.2.9, 10.2.10, 10.2.11, 10.3.2, 10.3.3, 10.4.3, and 10.4.7.

    CARRIED

10.1
Adoption of Minutes of Previous Meetings
  

10.1.1
5th Meeting of Council - May 31, 2021
This item has attachments.  

  • Resolution:6-6

    That the minutes of the 5th Council meeting, as held on May 31, 2021, be approved.

10.1.2
5th Meeting of Council - In Camera Session - May 31, 2021
  

  • Resolution:7-6

    That the minutes of the 5th meeting of Council, In Camera Session, as held on May 31, be approved.

10.2
Reports
  

10.2.1
Report 2021-CO-23, Respect in the Workplace - Harassment and Violence Policy
This item has attachments.  

Ingrid Svelnis
Communication No. 875/21

  • Resolution:8-6

    That Council approve the Respect in the Workplace - Harassment and Violence Policy as submitted on June 28, 2021.

10.2.2
Report 2021-CO-25, Public Code of Conduct
This item has attachments.  

Ingrid Svelnis
Communication No. 915/21

  • Resolution:9-6

    That Council approve the Public Code of Conduct as submitted on June 28, 2021.

10.2.3
Report 2021-CO-26, Pay Equity Plan
This item has attachments.  

Ingrid Svelnis
Communication No. 876/21

  • Resolution:10-6

    That Council support the recommendation of the CAO to hire ML Consulting in the amount of $32,400 + HST to complete the Pay Equity Study.

10.2.4
Report 2021-CO-28, Municipal Fees and Charges
This item has attachments.  

Sheila Strain
Communication No. 918/21

  • Resolution:11-6

    That Council approve the Fees By-law as attached to Report 2021-CO-28.

10.3
Correspondence
  

10.4
By-Laws
  

10.4.1
By-Law Number 3034-2021
This item has attachments.  

Being a By-law under the provisions of Section 34 of the Planning Act, R.S.O. 1990, as amended, to amend Zoning By-law Number 287-78-PL, as otherwise amended, of the Corporation of the Township of Brock, with respect to certain land located within Part of Lot 15, Concession 5, Municipally known as 157 and 0 Main Street, in the Township of Brock, Region of Durham

  • Resolution:13-6

    That By-law Number 3034-2021 being a By-law under the provisions of Section 34 of the Planning Act, R.S.O. 1990, as amended, to amend Zoning By-law Number 287-78-PL, as otherwise amended, of the Corporation of the Township of Brock, with respect to certain land located within Part of Lot 15, Concession 5, Municipally known as 157 and 0 Main Street, in the Township of Brock, Region of Durham be read a first, second and third time and passed in open Council and that the Mayor and Deputy Clerk were authorized to sign the by-law on behalf of the municipality and to have same engrossed in the by-law book.

10.4.2
By-law Number 3050-2021
This item has attachments.  

Being a By-law to govern the operation of municipal cemeteries under the jurisdiction of the Township of Brock, and, in particular, governing rights, entitlements and restrictions with respect to internment rights, in accordance with the Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, C.33 

  • Resolution:14-6

    That By-law Number 3050-2021 being a By-law to govern the operation of municipal cemeteries under the jurisdiction of the Township of Brock, and, in particular, governing rights, entitlements and restrictions with respect to internment rights, in accordance with the Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, C.33 be read a first, second and third time and passed in open Council and that the Mayor and Deputy Clerk were authorized to sign the by-law on behalf of the municipality and to have same engrossed in the by-law book.

10.4.3
By-law Number 3052-2021
This item has attachments.  

Being a By-law to appoint a Clerk for the Corporation of the Township of Brock pursuant to Section 228 of the Municipal Act, S.O. 2001, as amended. 

  • Resolution:15-6

    That By-law Number 3052-2021, being a By-law to appoint a Clerk for the Corporation of the Township of Brock pursuant to Section 228 of the Municipal Act, S.O. 2001, as amended be read a first, second and third time and passed in open Council and that the Mayor and Deputy Clerk were authorized to sign the by-law on behalf of the municipality and to have same engrossed in the by-law book.

10.4.4
By-law Number 3055-2021
This item has attachments.  

Being a By-law to prescribe the rate of speed of 30 kilometres per hour on Cedar Street (former Township of Thorah) and Twmarc Avenue within the Township of Brock. 

  • Resolution:16-6

    That By-law Number 3055-2021 being a By-law to prescribe the rate of speed of 30 kilometres per hour on Cedar Street (former Township of Thorah) and Twmarc Avenue within the Township of Brock be read a first, second and third time and passed in open Council and that the Mayor and Deputy Clerk were authorized to sign the by-law on behalf of the municipality and to have same engrossed in the by-law book. 

10.4.5
By-law Number 3056-2021
This item has attachments.  

Being a By-law to amend By-law Number 957-88-PP, Being a By-law to regulate vehicular traffic on highways, fire routes, private and municipal property, and to prohibit the injuring or fouling of highways and bridges, and the obstruction of ditches and culverts.

  • Resolution:17-6

    That By-law Number 3056-2021 being a By-law to amend By-law Number 957-88-PP, Being a By-law to regulate vehicular traffic on highways, fire routes, private and municipal property, and to prohibit the injuring or fouling of highways and bridges, and the obstruction of ditches and culverts be read a first, second and third time and passed in open Council and that the Mayor and Deputy Clerk were authorized to sign the by-law on behalf of the municipality and to have same engrossed in the by-law book.

10.4.6
By-law Number 3058-2021
This item has attachments.  

Being a By-law pursuant to Section 391 of the Municipal Act, S.O. 2001, as amended, to impose fees for services and activities provided or done by or on behalf of the Township of Brock and for the use of Municipal property.

  • Resolution:18-6

    That By-law Number 3058-2021 being a By-law pursuant to Section 391 of the Municipal Act, S.O. 2001, as amended, to impose fees for services and activities provided or done by or on behalf of the Township of Brock and for the use of Municipal property be read a first, second and third time and passed in open Council and that the Mayor and Deputy Clerk were authorized to sign the by-law on behalf of the municipality and to have same engrossed in the by-law book.

10.4.7
By-law Number 3059-2021
This item has attachments.  

Being a By-law to amend By-law 2633-2015-PP, being a By-law to prohibit or regulate the removal of topsoil, the placing or dumping of fill and the alternation of the grade of land in areas of the Township of Brock. 

  • Resolution:19-6

    That By-law Number 3059-2021 being a By-law to amend By-law 2633-2015-PP, being a By-law to prohibit or regulate the removal of topsoil, the placing or dumping of fill and the alternation of the grade of land in areas of the Township of Brock be read a first, second and third time and passed in open Council and that the Mayor and Deputy Clerk were authorized to sign the by-law on behalf of the municipality and to have same engrossed in the by-law book. 

11.
Items Extracted from Consent Agenda
  

11.1
Fence By-law Amendment Request - #30 Hillside Cres., 2021-CO-030
This item has attachments.  

Luke Puckrin

Councillors advised that the situation is unique and the amendment to the maximum height in the Fence By-law should be permitted for the duration of the family's residence at that location given the aggressive nature of the neighbouring dogs.

Councillors enquired whether the exemption could be registered on title to which the CAO advised she would investigate the feasibility and report back to Council noting that the cost would be the onus of the residents.

Councillors enquired as to future ownership and returning the fence to a permissible height to which the CAO advised that staff could apprise the new owners.

Mayor Grant advised that the complaint process would be followed with respect to subsequent property owners and the fence.

The Chief Building Official advised that there have been several exemptions through amendment to the by-law, the registration on title would likely be through an agreement between the property owner and the Township, and agreed that addressing this matter in the future would be in the form of a complaint.

  • Resolution:20-6
    Moved byCouncillor Schummer
    Seconded byCouncillor Jubb

    That Staff Report 2021-CO-030 be received and the request contained therein approved with the condition that such approval is conditional provided that the current residents residing at 30 Hillside Crescent remain the occupants of the address if the condition is permissible.

    CARRIED

11.2
Report 2021-PCA-020 Brock CHC Site Plan Application and Agreement, 2021-PCA-020
This item has attachments.  

Debbie Vandenakker

Councillors noted that the Site Plan Agreement has environmental conditions attached and enquired as to the ability for the Province to claim an exemption in the future, should they have ownership, to which the Planner advised that the agreement is registered on title to avoid that situation.

Councillors enquired as to the opportunity for continuing the community gardens at the new site to which the Planner advised a site plan amendment would be required should that be proposed.

Councillors requested information as to the selection of the site given the contaminants and were advised that contamination is common in urban areas and mitigation for this site was standard.

  • Resolution:21-6
    Moved byCouncillor Schummer
    Seconded byRegional Councillor Smith

    That Site Plan application 11-2019-SP Brock CHC be approved and that the Council of the Township of Brock authorize the Mayor and Deputy-Clerk to sign and affix the Corporate Seal to By-law No. 3057-2021 and enter into a Site Plan Agreement as attached.

    CARRIED

11.3
Report 2021-CO-24, Employee Code of Conduct
This item has attachments.  

Ingrid Svelnis
Communication No. 914/21

There was discussion with respect to having the opportunity to reward staff with small intrinsic gifts, assigning a monetary value consistent with the Council Code of Conduct, and implementing a reporting mechanism to be vetted by the CAO.

Councillor Pettingill requested that the motion be amended to assign a monetary value of $100 to the employee gift.

Councillor Schummer requested that the amending motion also reflects that a reporting mechanism would record all gifts.

  • Resolution:22-6
    Moved byCouncillor Doble
    Seconded byCouncillor Campbell

    That Council approve the Employee Code of Conduct as submitted on June 28, 2021. 

  • Amendment:
    Resolution:23-6
    Moved byCouncillor Pettingill
    Seconded byRegional Councillor Smith

    And, that the value of a small intrinsic gift be $100, and further, that a reporting mechanism record all gifts.

    CARRIED
  • Resolution:22-6
    Moved byCouncillor Doble
    Seconded byCouncillor Campbell

    That Council approve the Employee Code of Conduct as submitted on June 28, 2021, and that the value of a small intrinsic gift be $100, and further, that a reporting mechanism record all gifts.

    CARRIED

11.4
Report 2021-CO-27, Aerial Change Order
This item has attachments.  

Rick Harrison
Communication 916/21

There was no seconder for Resolution 24-6.

Councillors enquired as to the production timeline and budget for the truck to which the Fire Chief advised that it is on schedule for 2022 and on budget.

Councillors enquired whether the enhanced lighting is a necessity and were advised that it provides better illumination at night and the changes are to provide better safety while operating the truck.

Councillors enquired as to any further changes and were advised that none are anticipated.

  • Resolution:24-6
    Moved byCouncillor Schummer

    That staff report 2021-CO-27 Aerial Change Order be received.

  • Resolution:25-6
    Moved byCouncillor Schummer
    Seconded byCouncillor Jubb

    That staff Report 2021-CO-27 Aerial Change Order be received for information; 
    And That Council direct staff to proceed with the "Aerial Change Order" as outlined in this report. 

    CARRIED

11.5
Report 2021-CO-29, Torrance Fence
This item has attachments.  

Paul Lagrandeur
Communication No. 919/21

Councillor Schummer advised that he visited the property and enquired as to the ownership of the portion of trail behind the property to which the Director of Public Works advised Ontario Hydro. He enquired whether Ontario Hydro contributes to the maintenance of the trail and was advised not, that the Township provides that maintenance.

There was discussion with respect to precedent setting when replacing fencing on property not owned by the Township, implementing a policy to provide clarification and previous instances where cost sharing on fencing was denied.

The CAO advised that other municipalities have been canvassed for their policies on cost sharing for fences and agreed that a policy would be beneficial.

Regional Councillor Smith requested a recorded vote on Resolution 26-6.

  • Resolution:26-6
    Moved byCouncillor Schummer
    Seconded byCouncillor Pettingill

    That staff Report 2021-CO-29 be received and that the Township contribute $900.00 toward the fence bordering the resident's property and the trail.

    Yes (2)Councillor Jubb, and Councillor Schummer
    No (5)Regional Councillor Smith, Councillor Doble, Councillor Pettingill, Councillor Campbell, and Mayor Grant
    DEFEATED (2 to 5)
  • Resolution:27-6
    Moved byRegional Councillor Smith
    Seconded byCouncillor Campbell

    That staff report 2021-CO-29 Torrance fence be received and that the request for shared cost for fencing be denied.

    CARRIED

11.6
Report 2021-CO-31, Cannington Historical Society
This item has attachments.  

David Tompkins
Communication 917/21

Councillors enquired whether the Cannington Haunted Trail Committee has been contacted to which the Manager Recreation, Parks and Facilities advised not, that they would be contacted following the direction of Council.

Councillors enquired whether a new electrical line would be supplied from the train station to the historical museum building and were advised in the affirmative.

Councillors enquired as to what electrical costs have been considered for the Haunted Trail building and were advised electricity brought to the building with some form of panel.

  • Resolution:28-6
    Moved byCouncillor Schummer
    Seconded byRegional Councillor Smith

    That Report 2021-CO-31 be received and that required work to repair wiring as outlined in the report be initiated at the cost the Township and furthermore that Township staff discuss options for installing proper electrical service to the Haunted Trail building and offer the Haunted Trail Committee an interest free loan for such work, to be repaid no later than December 31, 2023.

    CARRIED

11.7
Report 2021-CO-32, Report on Closed Meeting Investigation 2021-01
This item has attachments.  

Ingrid Svelnis
Communication 920/21

Councillors enquired whether costs are anticipated for this professional report and were advised in the affirmative.

  • Resolution:29-6
    Moved byCouncillor Schummer
    Seconded byCouncillor Doble

    That Council receive the Closed Meeting Investigation Report dated June 22, 2021, prepared by Aird & Berlis LLP for information; 
    and That Council direct Township staff to develop a closed meeting protocol or policy describing the roles and responsibilities of Township staff, external consultants, and members of Council in respect of scheduling and holding closed meetings. 

    CARRIED

11.8
Early Ice Proposal
This item has attachments.  

Ron Torrance
Communication 903/21

Discussion ensued with respect to a staff report investigating costs for early ice in one arena and canvassing user groups to determine the demand for early ice as it could assist with the increased costs.

  • Resolution:30-6
    Moved byCouncillor Schummer
    Seconded byCouncillor Jubb

    That communication numbers 903 and 911 be received and that staff prepare a report on the viability and feasibility of opening an ice surface early as outlined in the communications.

    CARRIED

11.9
Early Ice Allocation
This item has attachments.  

Amanda Keeler
Communication No. 911/21

This item was addressed with Resolution 30-6.

11.10
By-law Number 3051-2021
This item has attachments.  

Being a By-law to authorize the Borrowing of $2,000,000.00

Councillors requested clarification to which the Interim Treasurer advised that this is a standard bylaw for municipalities and is adopted annually to provide for borrowing should it be required. 

  • Resolution:31-6
    Moved byCouncillor Doble
    Seconded byRegional Councillor Smith

    That By-law Number 3051-2021 being a by-law to authorize the Borrowing of $2,000,000.00 be read a first, second and third time and passed in open Council and that the Mayor and Deputy Clerk were authorized to sign the by-law on behalf of the municipality and to have same engrossed in the by-law book.

    CARRIED

11.11
By-law Number 3057-2021
This item has attachments.  

Being a by-law to authorize the Corporation of the Township of Brock to enter into a Site Plan Agreement with the Brock Community Health Centre (BCHC) regarding Part of Lot 6 and Lot 5, Brock; the Trustees of the Trinity Congregation of the United Church of Canada  (UCC) regarding Lots A, 2, 33 and 35 West of Laidlaw Street on plan 110, Brock; and the Trustees of Cannington Baptist Church (CBC) regarding Part of Lot 20, Concession 12, Brock; and Part of Lots 33 and 34, Brock

Councillors enquired whether the parking lots would have permeable surfaces and next steps and were advised that the Site Plan Agreement ensures that the parking lot designs conform to the Township standards and the next step is an application for a building permit.

  • Resolution:32-6
    Moved byCouncillor Pettingill
    Seconded byRegional Councillor Smith

    That By-law Number 3057-2021 being a by-law to authorize the Corporation of the Township of Brock to enter into a Site Plan Agreement with the Brock Community Health Centre (BCHC) regarding Part of Lot 6 and Lot 5, Brock; the Trustees of the Trinity Congregation of the United Church of Canada  (UCC) regarding Lots A, 2, 33 and 35 West of Laidlaw Street on plan 110, Brock; and the Trustees of Cannington Baptist Church (CBC) regarding Part of Lot 20, Concession 12, Brock; and Part of Lots 33 and 34, Brock be read a first, second and third time and passed in open Council and that the Mayor and Deputy Clerk were authorized to sign the by-law on behalf of the municipality and to have same engrossed in the by-law book.

    CARRIED

12.
Notices of Motions
  

12.1
Flag Pole at Municipal Administration Building
  

That staff be directed to install a second flag pole at the Municipal Administration Building so that an Indigenous flag may be flown at half-mast in recognition of the lives lost at Residential Schools across Canada. 

There was discussion with respect to flying two flags on one pole, the financial implications of a second flag pole, which Indigenous flag to purchase, and the etiquette for flying half-mast as it pertains to the Canadian flag.

Mayor Grant advised that he is awaiting a returned call from the Chippewas of Georgina Island First Nation.

The CAO advised that staff require direction as to which flag to purchase and whether it should have a dedicated flag pole to which Councillor Schummer advised that discussions with the Indigenous communities could provide clarification and that a second flag pole is warranted.

Regional Councillor Smith left the meeting at 7:25 p.m.

  • Resolution:33-6
    Moved byCouncillor Schummer
    Seconded byCouncillor Doble

    That staff be directed to install a second flag pole at the Municipal Administration Building so that an Indigenous flag may be flown at half-mast in recognition of the lives lost at Residential Schools across Canada. 

    CARRIED

13.
Council Member Updates
  

Councillor Campbell expressed appreciation for the efforts of staff in planting the tree in memory of Debbie Bath-Hadden.

14.
Other Business
  

None.

15.
Public Questions and Clarification
  

None.

16.
Closed Session (if required)
  

17.
Confirmation By-law
  

Being a By-law to confirm the proceedings of the Council of the Corporation of the Township of Brock at its meeting held on June 28, 2021.

Regional Councillor Smith rejoined the meeting at 7:28 p.m.

  • Resolution:34-6
    Moved byCouncillor Jubb
    Seconded byCouncillor Doble

    That By-law Number 3060-2021 being a By-law to confirm the proceedings of the Council of the Corporation of the Township of Brock at its meeting held on June 28, 2021 be read a first, second and third time and passed in open Council and that the Mayor and Deputy Clerk were authorized to sign the by-law on behalf of the municipality and to have same engrossed in the by-law book.

    CARRIED

18.
Adjournment
  

  • Resolution:35-6
    Moved byRegional Councillor Smith
    Seconded byCouncillor Campbell

    That we do now adjourn at 7:29 p.m. 

    CARRIED
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