MINUTES

MUNICIPAL COUNCIL

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Council Chambers and by Zoom
18 Centre Street, Spencerville ON
Contact the Township Office to Register
(613)658-3055
PRESENT:
  • Mayor Pat Sayeau
  • Deputy Mayor Tory Deschamps
  • Councillor Hugh Cameron
  • Councillor Stephen Dillabough
  • Councillor John Hunter
STAFF:
  • Dave Grant, CAO
  • Rebecca Williams, Clerk
  • Melanie Stubbs, Treasurer
  • Gord Shaw, Director of Operations
  • Mike Spencer, Manager of Parks, Recreation & Facilities
  • Candise Newcombe, Deputy Clerk

Mayor Sayeau called the meeting to order at 6:30 p.m.

  • Decision: 2021-326
    Moved by:T. Deschamps
    Seconded by:S. Dillabough

    That Municipal Council approves the agenda as presented.

    Carried
  • Decision: 2021-327
    Moved by:J. Hunter
    Seconded by:T. Deschamps

    THAT Municipal Council receives and approves the minutes of the Special Meeting dated August 18, 2021. 

    Carried
  • Decision: 2021-328
    Moved by:S. Dillabough
    Seconded by:H. Cameron

    THAT Municipal Council receives and approves the minutes of the Regular Council Meeting dated August 23, 2021. 

    Carried
  • Decision: 2021-329
    Moved by:H. Cameron
    Seconded by:T. Deschamps

    THAT Municipal Council receives and approves the minutes of the Special Meeting dated September 20, 2021.

    Carried
  • Decision: 2021-330
    Moved by:T. Deschamps
    Seconded by:S. Dillabough

    THAT Municipal Council receives the minutes of the Port Management Committee Meeting dated July 21, 2021 and August 18, 2021.

    Carried
  • Decision: 2021-331
    Moved by:T. Deschamps
    Seconded by:S. Dillabough

    THAT Municipal Council receives and approves the minutes of the Committee of the Whole - Community Development Meeting dated September 7, 2021.

    Carried
  • Decision: 2021-332
    Moved by:S. Dillabough
    Seconded by:H. Cameron

    THAT Municipal Council receives and approves the minutes of the Committee of the Whole - Administration & Finance Meeting dated September 13, 2021.

    Carried
  • Decision: 2021-333
    Moved by:T. Deschamps
    Seconded by:S. Dillabough

    THAT Municipal Council receives the minutes of the Public Meeting for the Revised Plan of Subdivision and Zoning Bylaw Amendment - Meadowlands Subdivision- dated September 16, 2021. 

    Carried
  • Decision: 2021-334
    Moved by:H. Cameron
    Seconded by:T. Deschamps

    THAT Municipal Council receives and approves the minutes of the Committee of the Whole- Public Works, Environmental Services & Facilities Meeting dated September 20, 2021.

    Carried
  • Decision: 2021-335
    Moved by:J. Hunter
    Seconded by:T. Deschamps

    WHEREAS the United Counties of Leeds and Grenville is preparing an Aggregate Resources Master Plan to recognize the importance of mineral aggregate resources, including sand, gravel, and bedrock; and

    WHEREAS the aggregate resources are a fixed location, non-renewable resource that must be protected for long-term use; and

    WHEREAS the Aggregate Resources Master Plan will consider all available mapping, potential constraints, official plan policy framework and schedules, and recommend potential criteria to be considered with development applications; and

    WHEREAS the United Counties of Leeds and Grenville Official Plan identifies that an Aggregate Resource Master Plan needs to be completed and the results of the plan implemented by a Counties Official Plan Amendment; and

    WHEREAS following a Counties Official Plan Amendment, the Township of Edwardsburgh Cardinal would need to complete an Official Plan Amendment to incorporate the Aggregate Resources Master Plan; and

    WHEREAS The work on the Aggregate Resources Master Plan began in January 2021 with a goal of having the Master Plan and Official Plan Amendment to the Planning Advisory Committee and Counties Council before the end of 2021; and

    WHEREAS the Committee of the Whole – Community Development reviewed and discussed the Aggregate Resources Master Plan during the August 3, 2021 and September 7, 2021 meetings; and

    WHEREAS the intent of the Aggregate Resources Master Plan Technical Steering Committee is to include mapping of bedrock resources with drift thickness up to 8 metres in the Aggregate Resource Master Plan; and

    WHEREAS the removal of 8 metres of overburden during extraction would make the resource not economically viable; and

    WHEREAS a 5 metre maximum amount of overburden is a more economically viable resource; and

    WHEREAS additional assessment and studies are required for development within the influence area of aggregate resources in order to protect this non-renewable resource for long-term use; and

    WHEREAS the Council of the Township of Edwardsburgh Cardinal endeavors to remove unnecessary barriers to development;

    NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Township of Edwardsburgh Cardinal requests that the United Counties of Leeds and Grenville Aggregate Resources Master Plan Technical Steering Committee include mapping of Aggregate Resources with an overburden of not more than 5 metres within the Aggregate Resources Master Plan mapping.

    AND FURTHER THAT this resolution be forwarded to the United Counties of Leeds and Grenville and all municipalities with Leeds and Grenville.

    Carried
  • Decision: 2021-336
    Moved by:S. Dillabough
    Seconded by:H. Cameron

    WHEREAS the current joint and several liability regime as set out in the Negligence Act financially impacts all municipalities in Ontario, whether or not a claim occurred within a municipality’s borders; and

    WHEREAS municipalities are often added to claims as they are seen as having significant resources with the backing of taxpayers; and

    WHEREAS insurance companies ultimately recover their losses by way of increased annual premiums for their insureds; and

    WHEREAS the Township of Edwardsburgh Cardinal’s total annual cost of all insurance premiums has grown by $38,517.36 over the last 5 years which equals 15.53% increase, with liability insurance premiums account for $15,036.00 of this amount, an increase of approximately 11% when comparing premiums from 2017 to 2021; and

    WHEREAS higher insurance costs divert property tax dollars from delivering public services to the Township residents.

    NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Township of Edwardsburgh Cardinal supports the recommendations proposed in the Association of Municipalities of Ontario (AMO) Report to the Attorney General, “Towards a Reasonable Balance: Addressing Growing Municipal Liability and Insurance Costs” to address joint and several liability reform and rising insurance costs more generally, which recommendations include:

    1. The provincial government adopt a model of full proportionate liability to replace joint and several liability.
    2. Implement enhancements to the existing limitations period including the continued applicability of the existing 10-day rule on slip and fall cases given recent judicial interpretations, and whether a 1 year limitation period may be beneficial.
    3. Implement a cap for economic loss awards.
    4. Increase the catastrophic impairment default benefit limit to $2 million and increase the third-party liability coverage to $2 million in government regulated automobile insurance plans.
    5. Assess and implement additional measures which would support lower premiums or alternatives to the provision of insurance services by other entities such as non-profit insurance reciprocals.
    6. Compel the insurance industry to supply all necessary financial evidence including premiums, claims, and deductible limit changes which support its, and municipal arguments as to the fiscal impact of joint and several liability.
    7. Establish a provincial and municipal working group to consider the above and put forward recommendations to the Attorney General.

    AND FURTHER THAT a copy of this resolution be forwarded to Premier Ford, MPP Clark, and AMO.

    Carried
  • Decision: 2021-337
    Moved by:T. Deschamps
    Seconded by:J. Hunter

    WHEREAS the Province of Ontario announced in the 2020 Budget, that for the 2021 calendar year, Business Education Tax (BET) reductions would take place, which were intended to support businesses as they recover from the COVID-19 pandemic; and

    WHEREAS in an effort to ensure municipalities would not be negatively impacted by BET reductions, the Province maintained BET rates at the 2020 BET rate for government owned properties that pay PILs (Payment in Lieu of Taxes); and

    WHEREAS the Township of Edwardsburgh Cardinal has recently been advised by Canada Post that they will only be paying the reduced BET rate of 0.0088 and not the legislated rate of 0.0125 when they remit their 2021 PIL; and

    WHEREAS if all federal departments do the same, the loss in revenue for the Township will be approximately $2,519.70 for the 2021 budget year;

    AND WHEREAS the revenue loss to municipalities across Ontario has been estimated at $20 million in 2021 by OMTRA if the federal government does not pay the legislated BET rate;

    NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Township of Edwardsburgh Cardinal requests the Federal government, and all Crown Corporations, recognize that the province’s 2021 BET reduced rates are intended to support Ontario business during the burden of COVID19, and they are not intended to reduce the Federal Government’s fair share for consumption of local services;

    AND FURTHER THAT the Federal government, and all Crown Corporations, commit to paying the legislated BET rate of 0.0125 for 2021;

    AND FURTHER THAT this resolution be forwarded to Prime Minster Justin Trudeau, MP Barrett, MPP Clark and AMO.

    Carried

Members noted that optometrists intended to cease services as of September 1, 2021. 

  • Decision: 2021-338
    Moved by:H. Cameron
    Seconded by:J. Hunter

    WHEREAS routine eye care is critical in early detection of eye diseases like glaucoma, cataracts, and macular degeneration, and the health of eyes is critical to overall health and quality of life; and

    WHEREAS Conditions that may be detected with an annual eye exam include Diabetes mellitus, Glaucoma, Cataract, Retinal disease, Amblyopia (lazy eye), Visual field defects (loss of part of the usual field of vision), Corneal disease, Strabismus (crossed eyes) Recurrent uveitis (an inflammation of the uvea, the middle layer of the eye that consists of the iris, ciliary body and choroid), Optic pathway disease; and

    WHEREAS payments from OHIP have only increased 9% over the last 30 years, which has not come close to matching inflation of costs (which include rent, staff, utilities, equipment, taxes and supplies); and

    WHEREAS the lack of funding makes it difficult to invest in modern technology, and newer technology means earlier detection of eye disease; and

    WHEREAS the Provincial government refusal to formally negotiate with Optometrists for more than 30 years has forced the Optometrists to absorb approximately $173 million annually in the cost to deliver eye care to Ontarians; and

    WHEREAS this job action will jeopardize good eyecare for those who need the care of an optometrist the most and will have the greatest impact on the most vulnerable groups. Children—who’s lifetime ability to learn and develop depends on good vision— to the elderly, who are at the greatest risk for vision-threatening ocular diseases.

    NOW THEREFORE BE IT RESOLVED THAT the Council of Corporation of the Township of Edwardsburgh Cardinal requests that the Provincial government recognize the value that access to quality eye care brings to all Ontarians and act now to protect it;

    AND FURTHER THAT the Provincial government address the OHIP-insured eye care immediately and enter into legally-binding negotiations with Ontario Optometrists to fund these services at least to the cost of delivery, prior to any job action taking place;

    AND FURTHER THAT a copy of this resolution be forwarded to Premier Ford, Honourable Elliot, Minister of Health, Honourable Clark, Minister of Municipal Affairs and Housing, MPP Barrett, and the Ontario Association of Optometrists.

    YeaNayAbstain
    P. SayeauX
    T. DeschampsX
    H. CameronX
    S. DillaboughX
    J. HunterX
    Results410
    Carried (4 to 1)
  • Decision: 2021-339
    Moved by:J. Hunter
    Seconded by:T. Deschamps

    WHEREAS the Truth and Reconciliation Commission (TRC) released its final report on June 2, 2015, which included 94 Calls to Action to redress the legacy of residential schools and advance the process of Canadian reconciliation; and

    WHEREAS the recent discoveries of remains and unmarked graves across Canada have led to increased calls for all levels of government to address the recommendations in the Truth and Reconciliation Commission’s Calls to Action; and

    WHEREAS all Canadians and all orders of government have a role to play in reconciliation; and

    WHEREAS Recommendation #80 of the Truth and Reconciliation Commission called upon the Federal Government, in collaboration with Aboriginal peoples, to establish, as a statutory holiday, a National Day for Truth and Reconciliation to ensure that public commemoration of the history and legacy of residential schools remain a vital component of the reconciliation process; and

    WHEREAS the Federal Government has announced September 30, 2021, as the first National Day for Truth and Reconciliation (National Orange Shirt Day) and a statutory holiday.

    NOW THEREFORE BE IT RESOLVED THAT the Council of the Township of Edwardsburgh Cardinal hereby commits to recognizing and proclaiming September 30th, 2021 as the National Day for Truth and Reconciliation (National Orange Shirt Day) by sharing the stories of residential school survivors, their families, and communities.

    Carried
  • Decision: 2021-340
    Moved by:J. Hunter
    Seconded by:S. Dillabough

    THAT Municipal Council recognize the new federal statutory holiday, National Day for Truth and Reconciliation, as a paid holiday in 2021 for all municipal employees.

    Carried
  • Decision: 2021-341
    Moved by:T. Deschamps
    Seconded by:J. Hunter

    THAT Municipal Council authorize the Mayor and CAO to execute the Waterfront Licence Renewal letters with Ontario Power Generation, as recommended by the Committee of the Whole – Public Works, Environmental Services & Facilities.

    Carried
  • Decision: 2021-342
    Moved by:S. Dillabough
    Seconded by:H. Cameron

    THAT Municipal Council declare the below items as surplus to the needs of the Township, authorize staff to dispose of the items through the Government Auction Site, and prepare a report for a future Committee meeting with the net receipt for each item, as recommended by the Committee of the Whole – Public Works, Environmental Services & Facilities.

    Public Works Department:

    • Truck #4 – 2001 Peterbilt Tandem Dump Truck, Sander and Plow/wing
    • Truck #2 – 2006 GMC 1 Ton
    • Grader #2 -1989 Champion model 740

    Fire Department:

    • 1996 Ford F250
    • Honda EM 5000 S Generator
    • Scott self contained breathing apparatus & cylinders x 8
    • 10 HP Gorman-Rupp Portable pump
    • Hale Portable pump
    Carried
  • Decision: 2021-343
    Moved by:J. Hunter
    Seconded by:T. Deschamps

    THAT Municipal Council:

    1. Maintain the 1997 Champion Grader as a secondary unit during the transition phase; and
    2. Direct staff to hire a consultant to evaluate the gravel road network and develop a 5-year plan with Class “D” estimates including options to convert 25km of gravel road to a combination of surface and/or asphalt; and
    3. Direct staff to include grader pricing as an optional item in the 2022 annual maintenance gravel request for tender.

    As recommended by the Committee of the Whole – Public Works, Environmental Services & Facilities.

    Carried

Members inquired about snow plowing services provided by the Township for the Spencerville United Church parking lot, and whether this has been a service performed in the past. It was noted that the Township assumes this responsibility mainly due to the fact that Township staff often use the lot for parking at the municipal office. 

  • Decision: 2021-344
    Moved by:H. Cameron
    Seconded by:J. Hunter

    THAT Municipal Council:

    1. Award Section A (Spencerville) of the Winter Parking Lot Maintenance Tender to Home Sweet Home Property Maintenance and direct staff to execute contract documents; and
    2. Direct staff to complete Section B (Cardinal) and Section C (Johnstown) of the Winter Parking Lot Maintenance in-house.
    Carried

Council reviewed the report. The motion did not receive a mover or seconder. 

  • Decision: 2021-345
    Moved by:S. Dillabough
    Seconded by:T. Deschamps

    THAT Municipal Council supports and approves upgrades to the raw water supply system (pumping station) and contributes $213,180.00 to the proposed project in conjunction with Greenfield Global Inc.

    Carried
  • Decision: 2021-346
    Moved by:J. Hunter
    Seconded by:T. Deschamps

    THAT Municipal Council:

    1. Approves the property legally described as PT LT 36 CON 1 EDWARDSBURGH PT 1, 15R9899; EDWARDSBURGH/CARDINAL to be sold to “Clayton Jones in Trust” in the amount of $95,000.00 plus applicable taxes; and
    2. Authorizes the Mayor, Clerk and Port General Manager to sign the Agreement of Purchase and Sale on behalf of the Township of Edwardsburgh Cardinal and Port of Johnstown; and
    3. That the money received for the lands be transferred to the Port of Johnstown operating account.

    As recommended by the Port Management Committee.

    Carried

Council reviewed the Fire Prevention Week Proclamation information item. It was noted that proclamations that have been granted in the past 5 years are to be reviewed by the Clerk against the eligibility criteria and will be presented to the Mayor for approval. This request has been received and granted in the past, therefore it does not require a formal resolution from Council.

  • Decision: 2021-347
    Moved by:H. Cameron
    Seconded by:S. Dillabough

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

    • August 25, 2021
    • September 1, 2021
    • September 8, 2021
    • September 15, 2021
    • September 22, 2021
    Carried

Council reviewed the disbursements and sought clarification on the following items:

  • RSL billing location – Waterfront Canteen
  • Calibrations and repairs at the Cardinal WTP
  • Firefighter t-shirts
  • River route bus stop signage bases
  • Transition with EFT payment system
  • Decision: 2021-348
    Moved by:H. Cameron
    Seconded by:S. Dillabough

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

    • Report dated August 30 (2021-101)             $155,775.70
    • Report dated August 31 (2021-102)             $95,490.35
    • Report dated September 16 (2021-105)      $59,765.35
    • Report dated September 16 (2021-106)      $158,110.87
    • Report dated September 23 (2021-108)      $198,192.84

                                                             TOTAL:         $667,335.11

    Carried

11.

  • Decision: 2021-349
    Moved by:T. Deschamps
    Seconded by:J. Hunter

    THAT the mover be granted leave to introduce a bylaw to authorize alternative voting methods – voting by internet and telephone for the 2022 municipal election, and this shall constitute first and second reading thereof.

    Carried
  • Decision: 2021-350
    Moved by:T. Deschamps
    Seconded by:J. Hunter

    THAT a bylaw to authorize alternative voting methods – voting by internet and telephone for the 2022 municipal election, be now read a third time and finally passed, signed, sealed and numbered 2021-56.

    YeaNayAbstain
    P. SayeauX
    T. DeschampsX
    H. CameronX
    S. DillaboughX
    J. HunterX
    Results410
    Carried (4 to 1)

Members commented on the strength and enforceability of the policy, specifically with respect to if individuals refuse to get vaccinated.  It was noted that getting vaccinated is still voluntary under federal and provincial guidelines. It was noted that the employer has some duty to accommodate employees and other individuals, including those with specific exemptions. Members confirmed that individuals that are not vaccinated will be required to get tested, as per the policy. Council confirmed that the policy has been reviewed by the Township solicitor.

  • Decision: 2021-351
    Moved by:J. Hunter
    Seconded by:T. Deschamps

    THAT the mover be granted leave to introduce a bylaw to adopt a COVID-19 vaccination policy, and this shall constitute first and second reading thereof.

    Carried
  • Decision: 2021-352
    Moved by:J. Hunter
    Seconded by:T. Deschamps

    THAT a bylaw to adopt a COVID-19 vaccination policy, be now read a third time and finally passed, signed, sealed and numbered 2021-57.

    Carried
  • Decision: 2021-353
    Moved by:S. Dillabough
    Seconded by:T. Deschamps

    THAT the mover be granted leave to introduce a bylaw to adopt a hazardous incident investigation procedure, and this shall constitute first and second reading thereof.

    Carried
  • Decision: 2021-354
    Moved by:S. Dillabough
    Seconded by:T. Deschamps

    THAT a bylaw to adopt a hazardous incident investigation procedure, be now read a third time and finally passed, signed, sealed and numbered 2021-58.

    Carried
  • T. Deschamps declared a conflict on this item. (Deputy Mayor Deschamps declared a conflict of interest as per solicitors' advice, with respect to item 11(d).)

T. Deschamps declared a conflict on this item and moved away from the table and did not participate in the discussion or vote on the matter.  

  • Decision: 2021-355
    Moved by:J. Hunter
    Seconded by:H. Cameron

    THAT the mover be granted leave to introduce a bylaw to amend bylaw 2020-78 to appoint members and representatives to certain boards and committees, and this shall constitute first and second reading thereof.

    Carried
  • Decision: 2021-356
    Moved by:J. Hunter
    Seconded by:H. Cameron

    THAT a bylaw to amend bylaw 2020-78 to appoint members and representatives to certain boards and committees, be now read a third time and finally passed, signed, sealed and numbered 2021-59.

    Carried
  • Decision: 2021-357
    Moved by:H. Cameron
    Seconded by:S. Dillabough

    THAT the mover be granted leave to introduce a bylaw to authorize the Mayor and Clerk to execute a transfer payment agreement with Her Majesty the Queen in right of Ontario – Minister of Infrastructure – for the Investing in Canada Infrastructure Program: COVID-19 Resilience Infrastructure Stream – Local Government Intake, and this shall constitute first and second reading thereof.

    Carried
  • Decision: 2021-358
    Moved by:H. Cameron
    Seconded by:S. Dillabough

    THAT a bylaw to authorize the Mayor and Clerk to execute a transfer payment agreement with Her Majesty the Queen in right of Ontario – Minister of Infrastructure – for the Investing in Canada Infrastructure Program: COVID-19 Resilience Infrastructure Stream – Local Government Intake, be now read a third time and finally passed, signed, sealed and numbered 2021-60.

     

    Carried

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

  • Remembrance Day banner positions
  • Commuter Transit Pilot project sustainability
  • Digital Service Squad progress
  • Ontario Land Tribunal appeals for a zoning amendment for 32 David St and Dissolving of the Ward election system
  • Semi-Annual Cardinal water/waste-water treatment plant servicing complete

Council inquired about the current status of the Commuter Transit Pilot project, noting that a schedule of stops has been posted at the Cardinal post office. Members referred to the initial report, highlighting that sustainability for the project requires a daily ridership of 25 people per day.  Members noted that 25 riders each day at $5.00/ride would equate to $125.00/day, and inquiring how this amount is considered sustainable as it will cover only a portion of expenses incurred. 

  • Decision: 2021-359
    Moved by:S. Dillabough
    Seconded by:H. Cameron

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

    Carried

Deputy Mayor Deschamps commended Recreation staff on the cleanliness of the Cardinal Waterfront trail noting the esthetics of the newly installed park benches and garbage receptacles. 

Councillor Dillabough announced his intent to bring forward a motion to request the Township cover the expenses of the Cardinal Festival Committee in the amount of $820.00, in insurance coverage for the fireworks display, and proposed the funding be drawn from the Cardinal Hydro Reserve Fund.

Mayor Sayeau reported on the following:

  • Visit from Newmark and Ministry of Economic Development, Job Creation and Trade scheduled for October 7. 
  • Decision: 2021-360
    Moved by:T. Deschamps
    Seconded by:J. Hunter

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

    Carried

None.

  • Decision: 2021-361
    Moved by:J. Hunter
    Seconded by:T. Deschamps

    THAT Municipal Council proceeds into closed session at 7:46 p.m. in order to address a matter pertaining to:

    • Section 239(2)(f) Advice that is subject to solicitor-client privilege, including communications necessary for that purpose; Specifically: Infrastructure Ontario NDA, Telecommunication Tower Approvals, and Minutes of Closed Session dated August 18, 2021 and August 23, 2021.
    Carried

a.
Section 239(2)(f)  
 

  • Decision: 2021-362
    Moved by:J. Hunter
    Seconded by:T. Deschamps

    THAT the closed meeting of Municipal Council does now adjourn and the open meeting does now resume at 8:58 p.m.

    Carried

Mayor Sayeau reported that Council reviewed the closed session minutes and met with the Township solicitor regarding Site Plan Control Agreements for Telecommunication Towers. Council also received advice from the solicitor regarding the infrastructure Ontario non-disclosure agreement (NDA). 

  • Decision: 2021-363
    Moved by:H. Cameron
    Seconded by:S. Dillabough

    THAT Municipal Council receives and approves the closed session minutes dated August 18, 2021 and August 23, 2021.

    Carried
  • Decision: 2021-364
    Moved by:S. Dillabough
    Seconded by:H. Cameron

    THAT a by-law to adopt, confirm and ratify matters dealt with by resolution be now passed, signed, sealed and numbered 2021-61.

    Carried
  • Decision: 2021-365
    Moved by:H. Cameron
    Seconded by:S. Dillabough

    That Municipal Council does now adjourn at 9:02 p.m.

    Carried
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