MINUTES

MUNICIPAL COUNCIL

Monday, October 28, 2024

6:30 P.m. - 7:30 P.m.

Corporation of The Township of Edwardsburgh Cardinal

Council Chambers, Spencerville Ontario

PRESENT:

• Mayor Tory Deschamps
• Deputy Mayor Stephen Dillabough
• Councillor Joe Martelle
• Councillor Waddy Smail
• Councillor Chris Ward

STAFF:

• Sean Nicholson, CAO
• Dave Grant, Director of Operations/Deputy CAO
• Rebecca Crich, Clerk
• Jessica Crawford, Treasurer
• Mike Spencer, Manager of Parks, Recreation & Facilities
• Brian Moore, Fire Chief
• Chris LeBlanc, Manager of Public Works
• Candise Newcombe, Deputy Clerk
• Tim Fisher, Planner

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1.

Call to Order

Mayor Deschamps called the meeting to order at 6:31 p.m.

2.

Indigenous Land Acknowledgement Statement

The Chair read the indigenous land acknowledgement statement.

3.

Approval of Agenda

• Decision: 2024-267
  Moved by: S. Dillabough
  Seconded by: C. Ward

  THAT Municipal Council approves the agenda as amended to move items 10. d) and 10. e) to follow the consent agenda items, with items 18. and 19. to follow and remaining agenda items to be addressed subsequently as listed.

  Carried

4.

Disclosure of Pecuniary Interest or Conflict of Interest & the General Nature Thereof

None.

5.

Delegations & Presentations

None.

6.

Consent Agenda

• Decision: 2024-268
  Moved by: J. Martelle
  Seconded by: S. Dillabough

  THAT Municipal Council receives and approves the following consent agenda item as presented:

  1. Regular Council – September 30, 2024 
  2. Public Library – June 25, 2024 and September 24, 2024 
  3. Port Management Committee – September 23, 2024 
  4. Committee of the Whole – Community Development – October 7, 2024
  5. Committee of the Whole – Administration and Operations – October 15, 2024 
  6. MTO Resolution 
  Carried

7.

Action and Information Items from Committees

a.

Speed Reduction - Jochem Road

Council highlighted the thorough discussions at the Committee meeting, noting the traffic study report received, and clarified that the motion directs staff to draft a bylaw to regulate speed limits on Jochem Road. 

• Decision: 2024-269
  Moved by: S. Dillabough
  Seconded by: C. Ward

  WHEREAS the current rate of speed on Jochem Road is set under the Highway Traffic Act to 80km/hr; and

  WHEREAS Municipal Council has received delegations and comments from members of the public with concerns for public safety and road conditions due to the speed of traffic traveling on Jochem Road; and

  WHEREAS Municipal Council has received a traffic study evaluation regarding a section of Jochem Road indicating that the current average vehicle operating speed ranges from 60 to 70 km/hr.

  NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the Corporation of the Township of Edwardsburgh Cardinal directs staff to prepare a bylaw on the rate of speed reduction from 80km/hr to 60 km/hr on Jochem Road for consideration.

  Carried

b.

Heavy Truck Diversion - Jochem Road

Council clarified the motion's intent and ensured consultations with affected businesses will be performed. 

• Decision: 2024-270
  Moved by: S. Dillabough
  Seconded by: C. Ward

  WHEREAS Jochem Road is currently being utilized by heavy truck traffic to access adjacent businesses on Smith Road resulting in increased heavy vehicle traffic; and 

  WHEREAS over the past 2 years the heavy truck traffic on Jochem Road has increased partly due to the vehicles avoiding other municipal roads that have speed reductions or heavy vehicle restrictions in place; and 

  WHEREAS the existing road platform, along with the heavy truck traffic, is likely causing discomfort for other road users; and 

  WHEREAS Municipal Council has received delegations and comments from members of the public with concerns for public safety and deteriorating road conditions due to the ongoing heavy truck traffic travelling on Jochem Road. 

  NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the Corporation of the Township of Edwardsburgh Cardinal directs staff to prepare a report on possible measures to be considered to regulate and restrict heavy truck traffic on Jochem Road. 

  Carried

8.

Closed Session

• Decision: 2024-271
  Moved by: S. Dillabough
  Seconded by: C. Ward

  THAT Municipal Council proceeds into closed session at 6:45 p.m. in order to address a matter pertaining to:

  1. Section 239(2)(f) Advice that is subject to solicitor-client privilege, including communications necessary for the purpose. Specifically: Pre-Servicing Agreement
  2. Section 239(2)(b) Personal matters about an identifiable individual, including municipal or local board employees; Specifically: Committee review and appointment.
  3. Section 239(2)(b) Personal matters about an identifiable individual, including municipal or local board employees; Specifically: Administration/CAO
  4. Section 239(2)(d) Labour relations or employee negotiations; Specifically: Approve Closed Session Minutes dated September 30, 2024.
  Carried

a.

Section 239(2)(d) Labour relations or employee negotiations. Specifically: Approve Minutes of Closed Session dated September 30, 2024

b.

Section 239 (2)(f) Advice that is subject to solicitor-client privilege, including communications necessary for the purpose. Specifically: Pre-Servicing Agreement

c.

Section 239(2)(b) Personal matters about an identifiable individual, including municipal or local board employees. Specifically: Committee Review and Appointment.

d.

Section 239(2)(b) Personal matters about an identifiable individual, including municipal or local board employees. Specifically: Administration/CAO

• Decision: 2024-272
  Moved by: S. Dillabough
  Seconded by: C. Ward

  THAT the closed meeting of Municipal Council does now adjourn and the open meeting does now resume at 8:19 p.m.

  Carried

9.

Report Out of Closed

The Chair reported that Council met in closed session to:

• Review the Closed Session minutes from September 30, 2024; and 
• Receive advice from legal counsel and provide direction to staff regarding the pre-servicing agreement; and 
• Provide direction to staff regarding Committee review and appointment; and 
• Provide direction to staff regarding administration/CAO. 

• Decision: 2024-273
  Moved by: W. Smail
  Seconded by: J. Martelle

  THAT Municipal Council receives and approves the minutes of Closed Session dated September 30, 2024.

  Carried

10.

Minutes of the Previous Council Meetings

a.

Regular Council - September 30, 2024 - CONSENT

• Decision: 2024-268
  Moved by: J. Martelle
  Seconded by: W. Smail

  THAT Municipal Council receives and approves the minutes of the Regular Council Meeting dated September 20, 2024. 

  Carried

11.

Business Arising from the Previous Council Meeting (if any)

None.

12.

Committee Minutes

a.

Public Library - June 25, 2024 & September 24, 2024 - CONSENT

• Decision: 2024-268
  Moved by: J. Martelle
  Seconded by: W. Smail

  THAT Municipal Council receives the minutes of the Public Library Board dated June 25, 2024 and September 24, 2024. 

  Carried

b.

Port Management Committee - September 23, 2024 - CONSENT

• Decision: 2024-268
  Moved by: J. Martelle
  Seconded by: W. Smail

  THAT Municipal Council receives the minutes of the Port Management Committee Meeting dated September 23, 2024. 

  Carried

c.

Committee of the Whole - Community Development - October 7, 2024 - CONSENT

• Decision: 2024-268
  Moved by: J. Martelle
  Seconded by: W. Smail

  THAT Municipal Council receives and approves the minutes of the Committee of the Whole - Community Development Committee Meeting dated October 7, 2024. 

  Carried

d.

Committee of the Whole - Administration and Operations - October 15, 2024 - CONSENT

• Decision: 2024-268
  Moved by: J. Martelle
  Seconded by: W. Smail

  THAT Municipal Council receives and approves the minutes of the Committee of the Whole - Administration and Operations Meeting dated October 15, 2024. 

  Carried

13.

Action/Information Items Continued

a.

MTO Resolution - CONSENT

• Decision: 2024-268
  Moved by: J. Martelle
  Seconded by: W. Smail

  WHEREAS the United Counties of Leeds and Grenville contains approximately 198 km of Provincial Highway infrastructure, including portions of Highways 401, 416, 15, 16, 2, 137; and

  WHEREAS Fire Departments in Leeds and Grenville responded to approximately 220 emergency incidents on the Provincial highway network in 2023; and

  WHEREAS eleven of the twelve fire departments within the United Counties of Leeds and Grenville rely on volunteer firefighters for emergency response; and

  WHEREAS the Ministry of Transportation has an agreement with the Ontario Association of Fire Chiefs specifying “approved services” that must be performed in order to qualify for reimbursement; and

  WHEREAS in many cases the “approved services” are not required and therefore no reimbursement is provided by the Ministry; and

  WHEREAS the cost of responding to these emergency incidents fall on the taxpayers within each municipality; and

  WHEREAS the Fire Protection Services Reimbursement Program for Unincorporated Ontario includes responding to false alarms as a call type that may be eligible for payment; and

  WHEREAS the Ministry of transportation should recognize the value to public safety that each municipal fire department provides when responding to emergency incidents by incorporating emergency response to the Ministry approved list of services; and

  WHEREAS the Chief Fire Officers Association of Leeds and Grenville support and encourage the Ministry of Transportation to expand the approved list of services for municipal fire departments responding to emergency incidents on the Provincial highway network within the Province of Ontario.

  NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Township of Edwardsburgh Cardinal requests that the Ministry of Transportation update its agreement with the Ontario Association of Fire Chiefs to recognize all emergency responses on the Provincial highway network as a public service, and establish a minimum rate of reimbursement for each response.

  AND FURTHER THAT this resolution be forwarded to the Minister of Transportation, Premier of Ontario, Ontario Association of Fire Chiefs, Chief Fire Officers’ Association of Leeds and Grenville and Municipal Councils within the United Counties of Leeds and Grenville.

  Carried

b.

Annual Awards Ceremony - Additional Awards Categories

• Decision: 2024-274
  Moved by: C. Ward
  Seconded by: J. Martelle

  WHEREAS members of the Committee of the Whole – Administration and Operations and Municipal Council of the Township of Edwardsburgh Cardinal reviewed and discussed the concept of implementing additional categories to be annually recognized with the Youth and Citizen of the Year Awards; and

  WHEREAS the following additional award categories were proposed: Small Business of the Year, Large Business of the Year, and Community Organization/Volunteer Group of the Year; and

  NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the Corporation of the Township of Edwardsburgh Cardinal implements the following 3 new categories and their individual criteria for nomination:

  1. Small Business of the Year:
     1. Nominee must be an active business located within the Township
     2. Nominee must employ less than 20 employees
     3. More than one person/group may nominate the same business
     4. Nominees may not self-nominate for the award
     5. Nominations will be reviewed by Council and their decision will be final
  2. Large Business of the Year:
     1. Nominee must be an active business located within the Township
     2. Nominee must employ 20 or more employees
     3. More than one person/group may nominate the same business
     4. Nominees may not self-nominate for the award
     5. Nominations will be reviewed by Council and their decision will be final
  3. Community Organization/Volunteer Group of the Year:
     1. Nominee must an active organization/group located within the Township
     2. Nominee has contributed to improving the Township
     3. More than one person/group may nominate the same organization/group
     4. Nominees may not self-nominate for the award
     5. Nominations will be reviewed by Council and their decision will be final

  AND FURTHER THAT Municipal Council directs staff to explore options to expand the 2025 award celebrations event to incorporate a recognition meal for award recipients, nominees and other associates, family and public.

  Carried

c.

Grant Application for Rehabilitation of Cardinal Basketball and Tennis Courts (CSRIF)

Council was provided with a summary of the report and discussed the following: earmarking $150,000.00 within the budget and the estimated timeline for completion of the project. 

• Decision: 2024-275
  Moved by: J. Martelle
  Seconded by: S. Dillabough

  THAT Municipal Council adopt the attached resolution in support of the Township’s application to the Community Sport and Recreation Infrastructure Fund for the rehabilitation of the Cardinal tennis and basketball courts.  

  Carried
• Decision: 2024-276
  Moved by: J. Martelle
  Seconded by: S. Dillabough

  WHEREAS the Township of Edwardsburgh Cardinal recognizes the need to rehabilitate the tennis and basketball courts in Cardinal to improve recreational opportunities for residents and the community; and

  WHEREAS the proposed project includes resurfacing, new lighting, fencing, spectator seating and installation of equipment to accommodate recreational activities including tennis, pickleball, and basketball; and

  WHEREAS the estimated project cost is approximately $301,700.00, with funding being pursued through the Community Sport and Recreation Infrastructure Fund;

  NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the Corporation of the Township of Edwardsburgh Cardinal fully endorses and supports the rehabilitation project for the Cardinal tennis and basketball courts and authorizes staff to proceed with the grant application and all necessary steps to undertake the project.

  Carried

  Members clarified that the resolution will be forwarded to local parliamentary representatives. 

  
  

d.

Curbside Solid Waste Collection Agreement Extension

Council was provided with a summary of the report and noted the cost increase in servicing. 

• Decision: 2024-277
  Moved by: W. Smail
  Seconded by: J. Martelle

  THAT Municipal Council direct staff to prepare a 1-year extension agreement with HGC Management Inc in the amount of $342,000.00 plus HST and authorize the Mayor and Clerk to execute the required documents, as recommended by the Committee of the Whole – Administration and Operations.

  Carried

e.

RBC Credit Facility Increase

• Decision: 2024-278
  Moved by: C. Ward
  Seconded by: J. Martelle

  THAT Municipal Council direct the Treasurer to increase the current credit facility from $100,000.00 to $500,000.00 and authorize the Mayor and CAO to execute the amending agreement.

  Carried

14.

Correspondence

• Decision: 2024-279
  Moved by: J. Martelle
  Seconded by: S. Dillabough

  THAT Municipal Council receives the correspondence listings for the following dates as previously circulated:

  • October 2, 2024
  • October 9, 2024
  • October 16, 2024
  • October 23, 2024
  Carried

15.

Municipal Disbursements

Council Members noted the $2.6 million payment within the disbursements, highlighting the $600,000.00 allocation for school boards and the $1,000,000.00 allocation to capital spending. 

• Decision: 2024-280
  Moved by: C. Ward
  Seconded by: J. Martelle

  THAT Municipal Council receives the payment of municipal invoices circulated and dated as follows: 

  • Report dated September 25 (2024-161)             $1,676,731.45
  • Report dated September 26 (2024-162)             $67,566.95
  • Report dated October 15 (2024-173)                  $336,345.04
  • Report dated October 18 (2024-175)                  $64,280.29
  • Report dated October 23 (2024-176)                  $295,582.66
  • Report dated October 23 (2024-177)                  $135,803.28

                                                        TOTAL:                  $2,576,309.67

  Carried

16.

By-laws

a.

Development Agreement - 27 David Street - Broniszeski

• Decision: 2024-281
  Moved by: J. Martelle
  Seconded by: S. Dillabough

  THAT the mover be granted leave to introduce a bylaw to authorize the execution of a development agreement with Edward Broniszeski and Lila Broniszeski, and this shall constitute first and second reading thereof.

  Carried

  Members clarified that should the applicant wish to make changes to the plans, additional Council approval would be required. 

  
  
• Decision: 2024-282
  Moved by: J. Martelle
  Seconded by: W. Smail

  THAT a bylaw to authorize the execution of a development agreement with Edward Broniszeski and Lila Broniszeski, be now read a third and final time and finally passed, signed, sealed and numbered 2024-56.

  Carried

b.

Amend Procedure Bylaw 2023-25 - Member's Report - 1st and 2nd Reading

• Decision: 2024-283
  Moved by: C. Ward
  Seconded by: J. Martelle

  THAT the mover be granted leave to introduce a bylaw to amend Bylaw 2023-25 being a bylaw to govern the proceedings of Council and Committees of Council, and this shall constitute first and second reading thereof.

  Carried

c.

Amend Terms of Reference for Committees and Council 2022-16 - Member's Report

• Decision: 2024-284
  Moved by: S. Dillabough
  Seconded by: J. Martelle

  THAT the mover be granted leave to introduce a bylaw amend Bylaw 2022-71 to establish Terms of Reference for Committees of Council, and this shall constitute first and second reading thereof.

  Carried
• Decision: 2024-285
  Moved by: S. Dillabough
  Seconded by: J. Martelle

  THAT a bylaw to amend Bylaw 2022-71 to establish Terms of Reference for Committees of Council, be now read a third and final time, and finally passed, signed, sealed and numbers 2024-57.

  Carried

d.

Service Agreement - Circular Materials - Promotion and Education 

• Decision: 2024-286
  Moved by: J. Martelle
  Seconded by: W. Smail

  THAT the mover be granted leave to introduce a bylaw to authorize the Mayor and Clerk to execute an agreement with Circular Materials for the provision of eligible community promotion and education services, and this shall constitute first and second reading thereof.

  Carried

  Members confirmed the intended roll-out of educational materials following the completion of the agreement with Circular Materials.  

  
  
• Decision: 2024-287
  Moved by: J. Martelle
  Seconded by: W. Smail

  THAT a bylaw to authorize the Mayor and Clerk to execute an agreement with Circular Materials for the provision of eligible community promotion and education services, be now read a third and final time, passed, signed, sealed and numbered 2024-58.

  Carried

e.

Memorandum of Understanding - UCLG - Sidewalk Unit Storage

• Decision: 2024-288
  Moved by: W. Smail
  Seconded by: J. Martelle

  THAT the mover be granted leave to introduce a bylaw to authorize the Mayor and CAO to execute a Memorandum of Understanding with the United Counties of Leeds and Grenville for sidewalk plow storage, and this shall constitute first and second reading thereof.

  Carried

  Council commended staff on the proactive thinking to ensure provisions for storage for the new sidewalk plow during the upcoming winter season. 

  
  
• Decision: 2024-289
  Moved by: W. Smail
  Seconded by: J. Martelle

  THAT a bylaw to authorize the Mayor and CAO to execute a Memorandum of Understanding with the United Counties of Leeds and Grenville for sidewalk plow storage, be now read a third and final time, passed, signed, sealed and numbered 2024-59.

  Carried

f.

Amending Agreement - RBC - Credit Facility Increase

• Decision: 2024-290
  Moved by: C. Ward
  Seconded by: J. Martelle

  THAT the mover be granted leave to introduce a bylaw to authorize the Mayor and CAO to execute amending agreement with the Royal Bank of Canada to increase the credit facility, and this shall constitute first and second reading thereof.

  Carried
• Decision: 2024-291
  Moved by: C. Ward
  Seconded by: J. Martelle

  THAT a bylaw to authorize the Mayor and CAO to execute amending agreement with the Royal Bank of Canada to increase the credit facility, be now read a third and final time, passed, signed, sealed and numbered 2024-60.

  Carried

17.

CAO’s Administrative Update

Council reviewed the CAO’s administrative update and discussed the following items:

• Tentative date of completion for the Weir Road bridge repairs to be announced. 
• Expansion of the senior technology class into Spencerville and Johnstown in January. 
• Closure of the pickleball courts for the season. 

• Decision: 2024-292
  Moved by: J. Martelle
  Seconded by: W. Smail

  THAT Municipal Council receives the CAO’s Administrative Report as presented.

  Carried

18.

Councillor Inquiries or Notices of Motion

Councillor Martelle requested an item be added to the November 4 Committee of the Whole - Community Development agenda for discussion regarding RV camping restrictions at the Cardinal waterfront. 

19.

Mayor’s Report

Mayor Deschamps reported on the following:

• Congratulated SERA and the Cardinal Festival Committee for organizing the trunk or treat event in Johnstown and Cardinal, and highlighted the contributions made to the event by Giant Tiger Distribution.
• Highlighted MPP reassurances of no negative budget impacts following concerns with the increases to the OPP budget.
• Upcoming Tri-Council meeting to be held November 19, 2024 at the Maitland Fire Hall regarding physician retainment.
• Members met for the Environmental Services to complete the Drinking Water Quality Management System (DWQMS) review and highlighted the professionalism and thoroughness of the Township Environmental Services department.
• Bylaw passed at the United Counties of Leeds and Grenville Council meeting lifting weight restrictions to the Hyndman Rd. bridge.
• Welcomed the incoming Port General Manager – Leslie Drynan.
• Councillor Ward highlighted the attendance of the Mayor dressed as a squirrel at the trunk or treat event held in Johnstown, noting social media content to confirm.

• Decision: 2024-293
  Moved by: S. Dillabough
  Seconded by: J. Martelle

  THAT Municipal Council receives the Mayor’s Report as presented.

  Carried

20.

Question Period

None.

21.

Confirmation By-law

• Decision: 2024-294
  Moved by: J. Martelle
  Seconded by: W. Smail

  THAT a by-law to adopt, confirm and ratify matters dealt with by resolution be now passed, signed, sealed and numbered 2024-61.

  Carried

22.

Adjournment

• Decision: 2024-295
  Moved by: C. Ward
  Seconded by: J. Martelle

  THAT Municipal Council does now adjourn at 9:16 p.m.

  Carried