Jan 12, 2023 Special City Council

[1. CALL TO ORDER]

[00:00:06]

GOOD EVENING, WELCOME TO THE CITY COUNCIL SPECIAL MEETING DATED THURSDAY, JANUARY 12TH, 2023.

I WOULD LIKE TO CALL TO ORDER ROLL CALL ALL PRESENT EXCEPT MAYOR PATRIE.

JUST LIKE TO ADDRESS AN ISSUE THAT HAS BEEN BROUGHT TO OUR ATTENTION.

THE INFORMATION THAT IS FOUND IN OUR PUBLIC STATEMENT ON THE CITY OF ELLIOT LAKE WEBSITE RELEASED ON JANUARY 9TH, IS IN FACT LEGALLY SOUND AND ACCURATE.

WE ARE FACED WITH A HIGHLY UNUSUAL SITUATION AND WE WILL NAVIGATE THESE UNCHARTED WATERS ONE DAY AT A TIME.

WE WILL CONTINUE TO PROVIDE UPDATES THROUGH PUBLIC STATEMENTS ON THE WEBSITE, AND IN THE MEANTIME, I CAN ASSURE YOU THAT AS A COUNCIL WE WILL CONTINUE TO WORK TO THE BEST OF OUR ABILITY MOVING FORWARD.

THANK YOU. NUMBER THREE, DECLARATIONS OF CONFLICT OF INTEREST COUNCILLOR FLINTOFF.

[3. DECLARATIONS OF CONFLICT OF INTEREST]

REGARDING ITEM 10.1 BYLAW 23-07 AN AGREEMENT WITH QUINAN CONSTRUCTION.

MY SON IS EMPLOYED BY ONE OF THE SUBCONTRACTORS AND UNDER THE MCIA, I HAVE AN INDIRECT PECUNIARY CONFLICT OF INTEREST.

SO I'D LIKE TO CLEAR THAT TONIGHT.

THANK YOU, COUNCILLOR FLINTOFF.

[4. PUBLIC INPUT SESSION]

SO WE HAVE TWO SPEAKERS TONIGHT WITH THE PUBLIC INPUT SESSION.

MR. MIKE THOMAS FOR ITEM 6.2.

WELCOME, MR. THOMAS.

THANK YOU, ACTING MAYOR AND MEMBERS OF COUNCIL.

ALWAYS GOOD TO SEE YOU AGAIN.

WITH YOUR INDULGENCE FOR THE PUBLIC RECORD ON CAMERA, I WOULD LIKE TO READ THE RETRACTION THAT I POSTED ON SOCIAL MEDIA TODAY TO BE IN SUPPORT OF THE COUNCIL, AND THEN A STATEMENT AFTERWARDS.

AS FOLLOWS THIS AFTERNOON, 5 HOURS AGO, I ISSUED A RETRACTION ON ALL SOCIAL MEDIA SITES THAT I PARTICIPATE IN.

IT STATES AS FOLLOWS MY REPLY TO POST STATING MUNICIPAL ACT SECTION 284-14 APPLIES TO THE ELLIOT LAKE WAS IN ERROR.

SECTIONS 259 TO 268 OF THE MUNICIPAL ACT APPLY TO ELLIOT LAKE.

I HAVE BEEN ADVISED CORRECTLY THAT SECTION 284-14 OF THE MUNICIPAL ACT ONLY APPLIES TO CITIES WHERE THE STRONG [INAUDIBLE] UPDATES FROM QUEEN'S PARK ARE INTENDED.

CURRENTLY OTTAWA AND SUBSEQUENTLY TORONTO.

THE PROPER REQUIREMENTS OF OUR MUNICIPALITY ARE CONTAINED IN SECTIONS 259 TO 268 OF THE MUNICIPAL ACT, SPECIFICALLY SECTION 263.

THAT GIVES OUR COUNCIL THE OPTION TO EITHER APPOINT OR A BY ELECTION.

IN MY HASTE TO ATTEMPT TO REDUCE THE CONFUSION AND ANIMOSITY BEING PROPAGATED ON SOCIAL MEDIA.

I ERRED IN THE APPLICABLE SECTION OF THE MUNICIPAL ACT.

MIKE THOMAS. THAT'S GOOD TO PUT ON SOCIAL MEDIA, BUT NOT EVERYBODY PAYS ATTENTION TO SOCIAL MEDIA AND FOR THOSE THAT ARE WATCHING AT HOME, AND TO ALL OF YOU, I APOLOGIZE.

I MADE A MISTAKE. NOW, THAT BEING SAID, I WANT THE PUBLIC TO KNOW AND YOU TO KNOW THAT I UNDERSTAND THAT THIS IS THE MOST DIFFICULT SITUATION I THINK WE'VE EVER FACED AS A CITY, AND YOU HAVE MY SUPPORT AND MY PRAYERS, AND DEFINITELY NOT MY ENVY FOR WHAT YOU'RE FACING, AND I CONTINUE TO SUPPORT THE WORK THAT YOU DO AND THE STRUGGLE THAT YOU HAVE AHEAD OF YOU, AND I WISH YOU THE BEST OF WISDOM AND GODSPEED.

THANK YOU. THANK YOU VERY MUCH, MR. THOMAS. OUR SECOND PRESENTER THIS EVENING IS MR. STEVE CALVERLEY.

REGARDING ITEM 6.1 AND 6.2.

WELCOME, MR. CALVERLEY.

THANK YOU. ACTING MAYOR.

YES. MY NAME IS STEVE CALVERLEY, AND I'LL BE SPEAKING ONLY TO 6.2 NOT 6.1.

GOOD EVENING, MEMBERS OF COUNCIL, CITY STAFF AND FELLOW CITIZENS.

OVER THREE YEARS AGO, OUR INTEGRITY COMMISSIONER TOOK TO MUNICIPAL CONFLICT OF INTEREST CASES TO THE ONTARIO SUPERIOR COURT.

THE FIRST CASE WAS HEARD, APPEALED AND THE APPEAL WAS HEARD, AND ALL OF THAT OCCURRED PRIOR TO THE START OF THE ELECTION PERIOD LAST SPRING.

IF THAT COUNCILOR HAD RUN AGAIN, THE ELECTORS WOULD HAVE HAD ALL THE FACTS AT THEIR DISPOSAL TO MAKE THEIR DECISION.

[00:05:03]

BECAUSE OF THAT, THE ELECTORS WERE UNINFORMED AT THE TIME OF VOTING, AND IF THIS DECISION THAT WE RECEIVED ON MONDAY HAD BEEN RECEIVED BEFORE THE ELECTION, IT WOULD HAVE DISQUALIFIED HIM.

AS A RESULT, THE THREE OTHER MAYORAL CANDIDATES DID NOT HAVE A FAIR AND PROPER ELECTION FOR MAYOR, AND NEITHER DID THE CITIZENS OF ELLIOT LAKE. ACCORDING TO A LETTER I RECEIVED DECEMBER THE FIFTH, 2022, FROM REGIONAL SENIOR JUSTICE ELLIS.

THE QUOTE UNDER THE COURT, UNDER THE COURTS OF JUSTICE ACT.

A JUDGE HEARING A TRIAL HAS SIX MONTHS IN WHICH TO RENDER A DECISION.

END QUOTE. IN THE PATRIE CASE, THE COURT SERVICES DIVISION OF THE ATTORNEY GENERAL'S OFFICE DID NOT PREPARE A RESERVE JUDGMENT FORM AND FOR THAT REASON, THIS CASE WAS NOT BEING TRACKED.

THAT SITUATION DID NOT COME TO LIGHT UNTIL JUSTICE ELLIS RECEIVED MY LETTER OF NOVEMBER THE FOURTH, EXPRESSING CONCERN ABOUT THE DELAYED DECISION AS IT RELATED TO OUR MUNICIPAL ELECTION, AND I WILL LEAVE COPIES OF JUSTICE ELLIS' LETTER.

IT PROVIDES SOME DETAILS ABOUT WHAT THE COURT DID TO GET THIS ON TRACK.

I BELIEVE THAT GIVEN THE SITUATION, THE BEST THAT COULD BE DONE WAS DONE, AND AS OF THIS PAST MONDAY, WE HAVE THAT DECISION.

I AM VERY GRATEFUL TO JUSTICE ELLIS FOR HIS FULL SUPPORT OF THE CITIZENS OF ELLIOT LAKE.

MEMBERS OF COUNCIL, I BELIEVE THAT GIVEN THE SITUATION, THE BEST THAT CAN BE DONE BY OUR MUNICIPAL GOVERNMENT IS IF THE COURT DOES NOT GRANT A STAY BY ELECTION FOR MAYOR, PLEASE.

WITH ALMOST THE ENTIRE FOUR YEAR TERM BEFORE US, I BELIEVE THAT ANYTHING ELSE WOULD NOT FULLY SUPPORT THE VOTERS OF ELLIOT LAKE.

THANK YOU. THANK YOU, MR. CALVERLEY. YOU CAN JUST LEAVE THEM ON THE DESK THERE, IF YOU DON'T MIND.

THANK YOU.

OKAY, ITEM NUMBER FIVE PUBLIC PRESENTATIONS.

THERE ARE NO PUBLIC PRESENTATIONS.

[6.1 Memo from the Manager of Economic Development re: Proposals for 255 Highway 108 - Update As this matter deals with personal matters about identifiable individuals as well as potential disposition of land by the municipality it may be discussed in closed session as per Section 239(2)(b) and (c) of the Municipal Act. (Part 1 of 2) ]

AS THIS MATTER DEALS WITH PERSONAL MATTERS ABOUT IDENTIFIABLE INDIVIDUALS, AS WELL AS POTENTIAL DISPOSITION OF LAND BY THE MUNICIPALITY.

IT MAY BE DISCUSSED IN CLOSED SESSION AS PER SECTION 239.

2 B AND C OF THE MUNICIPAL ACT, AND THAT THIS MATTER BE DISCUSSED IN CLOSED SESSION.

MAY I HAVE A MOVER IN A SECOND? COUNCILLOR MORISSETTE AND COUNCILLOR BULL.

YEAH. ANY QUESTIONS, COMMENTS OR CONCERNS? COUNCILLOR MANN.

THANK YOU, MR. CHAIR.

THROUGH YOU. JUST A GENERAL COMMENT.

I RECOGNIZE THAT THERE WILL BE SOME INFORMATION IN THIS REPORT THAT WE CAN DEAL WITH IN OPEN SESSION.

HOW I BELIEVE THERE IS STILL A GREAT DEAL OF INFORMATION THAT WE NEED TO DISCUSS IN CLOSED SESSION BEFORE PROVIDING AN UPDATE OPEN TO THE MUNICIPALITIES. SO THAT'S WHY I'LL BE IN SUPPORT OF IT, BUT AGAIN, WE CAN ONLY GO IN TO DISCUSS THOSE MATTERS PERTAINING TO THAT SECTION OF THE ACT.

OTHERWISE WE WON'T AND WE WILL DISCUSS IT IN OPEN SESSION.

I JUST WANT TO BE CLEAR ABOUT THAT TO THE COMMUNITY.

THANK YOU. THANK YOU COUNCILLOR MANN.

ANY OTHER QUESTIONS? CONCERNS? I'LL CALL THE VOTE.

ALL IN FAVOR, AND THAT'S CARRIED.

[6.2 Update from City Solicitor re: Superior Court of Justice Decision - C. Patrie As this matter deals with advice that is subject to solicitor-client privilege it may be discussed in closed session as per Section 239(2)(f) of the Municipal Act]

CHRIS PATRIE. AS THIS MATTER DEALS WITH ADVICE THAT IS SUBJECT TO SOLICITOR CLIENT PRIVILEGE, IT MAY BE DISCUSSED IN CLOSED SESSION AS PER SECTION 239.2(F) OF THE MUNICIPAL ACT.

THIS MATTER MAY BE DISCUSSED IN CLOSED SESSION.

CAN I GET A MOVER IN A SECONDER? COUNCILLOR MANN. COUNCILLOR FLINTOFF.

ANY COMMENTS, QUESTIONS OR CONCERNS? OKAY, I'LL CALL THE VOTE.

ALL IN FAVOR? ANY OPPOSED? NO, AND THAT'S CARRIED.

[00:10:02]

THERE ARE NONE. NUMBER EIGHT OTHER BUSINESS.

THERE'S NONE. NUMBER NINE CLOSED SESSION BUSINESS.

[9. CLOSED SESSION BUSINESS]

COUNCILLOR SEIDEL. COUNCILLOR BULL.

YEAH, SO WE GO INTO CLOSED SECTION AT 6:10.

YOUR WORSHIP. SORRY. SORRY, MR. GAGNON? YEAH, IT'S OKAY.

MR. GOULDING IS HERE ONLY IN CASE THERE ARE ANY QUESTIONS RELATED TO THE BYLAW THAT'S LATER ON THE AGENDA.

HE'S NOT PART OF THE CLOSED SESSION, SO I'M NOT SUGGESTING WE NECESSARILY DEAL WITH THE BYLAW, BUT MAYBE IN THE BRIEF MOMENT, IF YOU HAVE ANY QUESTIONS OR IF YOU COULD SAY, MR. GOULDING, WANT TO COME BACK IN A HALF HOUR? I DON'T KNOW HOW LONG IT'S GOING TO TAKE.

OR WE KNOCK OFF THE BYLAWS IN OPEN SESSION BEFORE WE GO TO CLOSED, IT'S UP TO YOU, OF COURSE, AS CHAIR, BUT I'M JUST TRYING TO BE RESPECTFUL TO MR. GOULDING. LET HIM GO HOME IF HE DOESN'T NEED TO HANG AROUND FOR QUESTIONS ABOUT THE AWARDING OF THE CONTRACT FOR THE.

OKAY, I UNDERSTAND.

THANK YOU. SORRY, MR. CHAIR, FOR CLARIFICATION. SO COUNCIL CAN REARRANGE THE ITEMS ON THE AGENDA AS THEY SEE FIT.

SO IF WE'D LIKE TO MOVE BYLAWS AHEAD OF CLOSED SESSION, THAT'S TOTALLY ALLOWED.

EVEN THOUGH WE VOTED. THAT'S OKAY.

YOU DIDN'T CALL THE VOTE YET. GOOD.

OKAY, SO LET'S SKIP AHEAD, IF YOU DON'T MIND.

SO WE START AT TEN, DO ALL THE BYLAWS.

OKAY. SO BYLAW 10.1 CONCERNING BYLAW 23-07 BEING A BYLAW TO AUTHORIZE THE ENTERING INTO AN AGREEMENT

[10.1 By-Law 23-07 3 Being a by-law to authorize the entering into of an Agreement with Quinan Construction Limited for the construction of the Downtown Arts Centre.]

FOR THE CONSTRUCTION OF THE DOWNTOWN ARTS CENTER AND THAT BYLAW 23-07 BE PASSED.

MAY I HAVE A MOVER AND A SECONDER? COUNCILLOR MANN.

COUNCILLOR SEIDEL.

ANY COMMENTS, QUESTIONS? CONCERNS? SEEING NONE. I'LL CALL THE VOTE.

ALL IN FAVOR.

ANY OPPOSED THAT IS CARRIED.

[10.2 By-Law 23-08 134 Being a by-law to authorize a Memorandum of Understanding with the Elliot Lake XC Bike Club and Non-Profit Retirement Residences of Elliot Lake Inc.]

MAY I HAVE A MOVER AND A SECONDER, PLEASE? COUNCILLOR BULL. COUNCILLOR FLINTOFF.

ANY QUESTIONS, COMMENTS OR CONCERNS? SEEING NONE.

I'LL CALL THE VOTE ALL IN FAVOR, ANY OPPOSED, AND THAT'S CARRIED.

SO NOW I WILL GO BACK TO NUMBER NINE, CLOSED SESSION BUSINESS.

MAY I HAVE ANOTHER MOVER AND A SECONDER, PLEASE? COUNCILLOR SEIDEL. COUNCILLOR BULL.

WITH THAT WE GO INTO CLOSED SESSION AT 6:13 P.M..

ALL IN FAVOR AND NONE OPPOSED.

THAT'S CARRIED. THANK YOU.

MAY I HAVE A MOVER AND A SECONDER TO COME OUT OF CLOSED SESSION, PLEASE? COUNCILLOR MANN. COUNCILLOR FLINTOFF.

SO BASICALLY WHAT'S HAPPENED IS WE'VE GIVEN DIRECTION TO OUR CITY SOLICITOR.

OBVIOUSLY, A LOT OF DISCUSSION AND WE'LL SORT OF ADDRESS A FEW THINGS BASED ON THAT CONVERSATION

[6.1 Memo from the Manager of Economic Development re: Proposals for 255 Highway 108 - Update As this matter deals with personal matters about identifiable individuals as well as potential disposition of land by the municipality it may be discussed in closed session as per Section 239(2)(b) and (c) of the Municipal Act. (Part 2 of 2) ]

I WOULD LIKE TO TURN THIS OVER TO MR. ANTUNES. WE ARE HOPEFUL THAT THIS IS GOING TO BE A POSITIVE DEVELOPMENT FOR POTENTIAL FUTURE OF ELLIOT LAKE.

IF YOU DON'T MIND, MR. ANTUNES. THANK YOU, COUNCILLOR WANNAN.

THANK YOU, SIR. APPRECIATE IT.

SO SOME GOOD NEWS.

COUNCIL'S GIVEN SOME DIRECTION WHERE WE DID GET SOME NEW MAPPING DONE AT THE 255 HIGHWAY 108 AREA FOR INVESTIGATIVE PURPOSES. LOOKS LIKE WE HAVE A BIT MORE ACREAGE TO WORK WITH IN THE AREA.

STAFF HAVE BEEN GIVEN DIRECTION TO WORK WITH THE PROPONENTS AND ALSO INVESTIGATE THE OPPORTUNITY TO HAVE PERHAPS BOTH A FIXED ROOF ACCOMMODATION ON THE SITE AS WELL AS PERHAPS A PERFORMING ARTS AREA IF THERE'S ROOM FOR BOTH.

[00:15:10]

THANK YOU, MR. ANTUNES.

ANY QUESTIONS, COMMENTS OR CONCERNS? COUNCILLOR MORISSETTE. CAN YOU ELABORATE HOW MANY PEOPLE ARE LOOKING AT 255 HIGHWAY 108? RIGHT NOW WE'VE GOT THREE PROPOSALS BASED IN PLAY FOR THE AREA.

COUNCILLOR FLINTOFF.

I'D JUST LIKE TO SAY WITH THE PUBLIC INPUT WE'VE BEEN GETTING IN EVERYTHING, IT IS TAKING US A LONG TIME TO MAKE A DECISION ON THIS PRIME PIECE OF PROPERTY, AND WE ARE DOING OUR BEST TO WANT TO REITERATE WHAT MR. ANTUNES SAID TO TRY AND MAKE IT WORK FOR THE MAJORITY OF THE CITIZENS OF ELLIOT LAKE.

THAT'S ALL. THANK YOU, COUNCILLOR FLINTOFF.

YEP, I AGREE. THAT WAS OUR GOAL.

WE WANT TO FIND A WAY THAT WE COULD FIND COOPERATION INSTEAD OF CONFLICT AND A LITTLE BIT OF A GOOD STEPPING STONE MOVING FORWARD.

WITH THAT BEING SAID, I'LL CALL A VOTE.

NOPE, THAT'S IT. IT'S JUST AN UPDATE.

THERE WE GO. THANK YOU VERY MUCH.

OKAY 6.2.

UPDATE FROM THE CITY SOLICITOR.

MISS BRAY, CAN YOU READ THE MOTION, PLEASE? YES. THANK YOU, MR. CHAIR.

WHEREAS SECTION 262.1 OF THE MUNICIPAL ACT STATES, IF THE OFFICE OF A MEMBER OF COUNCIL BECOMES VACANT UNDER SECTION 259, THE COUNCIL SHALL, AT ITS NEXT MEETING, DECLARE THE OFFICE TO BE VACANT.

THEREFORE, BE IT RESOLVED, THAT COUNCIL DECLARES THE SEAT OF HEAD OF COUNCIL VACANT AS OF THURSDAY, JANUARY 12TH, 2023, PURSUANT TO THE DECISION OF JUSTICE PRISCILLA.

CAN I HAVE A MOVER AND A SECOND, PLEASE? MOVED BY COUNCILLOR SEIDEL SECONDER COUNCILLOR MANN.

DO WE HAVE COMMENTS, QUESTIONS, CONCERNS? NOW WE CAN CALL THE VOTE.

ALL THOSE IN FAVOR.

NONE OPPOSED. THAT IS CARRIED, AND WITH THAT IT IS.

SO WE'LL GO TO 11.1 BYLAW 23-09 BEING A BYLAW TO CONFIRM THE PROCEEDINGS OF COUNCIL AT A SPECIAL MEETING HELD ON THURSDAY,

[11.1 By-Law 23-09 143 Being a By-Law to Confirm the Proceedings of Council at its Special Meeting held on Thursday, January 12, 2023.]

ALL IN FAVOR. NONE OPPOSED.

THAT IS PASSED, AND NOW NUMBER 12.

WE ARE ADJOURNED.

MOVER AND A SECONDER.

COUNCILLOR MANN COUNCILLOR FLINTOFF.

VOTE. ALL IN FAVOR.

THAT IS CARRIED. NOW WE ARE ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.