MINUTES

MUNICIPAL COUNCIL

Monday, August 22, 2022

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

Council Chambers and by Zoom

18 Centre Street, Spencerville ON

Contact the Township Office to Register

[phone]

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

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1.

Call to Order

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

2.

Approval of Agenda

• Decision: 2022-301
  Moved by: T. Deschamps
  Seconded by: J. Hunter

  That Municipal Council approves the agenda as presented.

  Carried

3.

Disclosure of Pecuniary Interest & the General Nature Thereof

None.

4.

Delegations & Presentations

a.

Tim Nason - Armstrong Road Surface Remediation

Mr. Nason introduced himself as the representative of the residents of Armstrong Road and highlighted several residents in attendance at the meeting. He noted their support of the rescinding motion and outlined additional resident requests including a professional assessment of the road and ,the formulation of a plan  for future remediation and ongoing maintenance.

Mr. Nason voiced an additional concern with the  lack of communication with  residents about important changes and suggested direct contact with any affected residents about impending Township changes. The Committee of the Whole process was reviewed, noting that the Township advertises all meetings on the website and through local newspapers and that all residents are welcome to be present at any of the municipal meetings held throughout each month.

Members noted that the pulverization of the road would remediate hindrances in winter maintenance and would be required for the road remediation process.

Council thanked the presenter for making Council aware of the residents’ concerns.

5.

Minutes of the Previous Council Meetings

a.

Regular Council - July 25, 2022

• Decision: 2022-302
  Moved by: H. Cameron
  Seconded by: S. Dillabough

  THAT Municipal Council receives and approves the minutes of the Regular Council Meeting dated July 25, 2022.

  Carried

b.

Special Tri-Council - July 28, 2022

• Decision: 2022-303
  Moved by: S. Dillabough
  Seconded by: H. Cameron

  THAT Municipal Council receives and approves the minutes of the Special Tri-Council Meeting dated July 28, 2022.

  Carried

c.

Special Council - August 8, 2022

• Decision: 2022-304
  Moved by: J. Hunter
  Seconded by: S. Dillabough

  THAT Municipal Council receives and approves the minutes of the Special Council Meeting dated August 8, 2022.

  Carried

d.

Special Council - August 18, 2022

• Decision: 2022-305
  Moved by: H. Cameron
  Seconded by: S. Dillabough

  THAT Municipal Council receives and approves the minutes of the Special Council Meeting dated August 18, 2022.

  Carried

6.

Business Arising from the Previous Council Meeting (if any)

Council inquired about a timeline for Cedar Grove remediation. It was noted that the Township is currently waiting on quotations and will have a better determination of the timeline following the closure of the tender. 

7.

Committee Minutes

a.

Port Management Committee - July 20, 2022

• Decision: 2022-306
  Moved by: S. Dillabough
  Seconded by: H. Cameron

  THAT Municipal Council receives the minutes of the Port Management Committee Meeting dated July 20, 2022.

  Carried

b.

Committee of the Whole - Community Development - August 2, 2022

• Decision: 2022-307
  Moved by: T. Deschamps
  Seconded by: J. Hunter

  THAT Municipal Council receives and approves the minutes of the Committee of the Whole – Community Development Meeting dated August 2, 2022.

  Carried

  Council requested clarification of the effects the appeal to the Zoning Bylaw 2022-37 has on the enforcement of the new Zoning Bylaw. It was noted that there are ongoing discussions to allow the entire bylaw to take effect excluding  the site specific appeal. It was noted that the Township bylaw is in a holding pattern until the matter is resolved.  

  
  

c.

Combined Committee of the Whole - Administration & Finance - Public Works, Environmental Services & Facilities - August 8, 2022

• Decision: 2022-308
  Moved by: H. Cameron
  Seconded by: S. Dillabough

  THAT Municipal Council receives and approves the minutes of the Combined Committee of the Whole – Administration & Finance - Public Works, Environmental Services & Facilities Meeting dated August 8, 2022.

  Carried

8.

Action and Information Items from Committees

a.

Application for Severance, 2124 County Rd 21 (Lee/Davidson)

• Decision: 2022-309
  Moved by: H. Cameron
  Seconded by: S. Dillabough

  THAT Municipal Council recommends in favour of severance B-100-22 (2124 County Road 21- Lee/Davidson) as recommended by the Committee of the Whole – Community Development.

  Carried

b.

Application for Severance, 506 Lower St (Simzer)

• Decision: 2022-310
  Moved by: J. Hunter
  Seconded by: S. Dillabough

  THAT Municipal Council recommends in favour of severance B-109-22 (506 Lower St. - Simzer), with the condition that the applicant obtain relief from the provisions of the Zoning Bylaw, to the satisfaction of the Township, as necessary to provide zoning conformity for the newly severed and retained lot and existing dwellings, as recommended by the Committee of the Whole – Community Development.

  Carried

c.

Site Plan Control Agreement - Moulton - 11 Centre St.

• Decision: 2022-311
  Moved by: H. Cameron
  Seconded by: J. Hunter

  THAT Municipal Council enter into an agreement with the owner of 11 Centre St. once it has been determined by the Ontario Land Tribunal that the non-appealed portions of Zoning Bylaw 2022-37 are in effect, as recommended by the Committee of the Whole – Community Development.

  Carried

d.

Youth Citizen of the Year Award Criteria

• Decision: 2022-312
  Moved by: T. Deschamps
  Seconded by: J. Hunter

  WHEREAS the Township of Edwardsburgh Cardinal and Municipal Council received a request to incorporate a Youth Citizen of the Year Award; and

  WHEREAS the Combined Committee of the Whole held on August 8, 2022 reviewed and discussed the concept and criteria of implementing a Youth Citizen of the Year Award for 2022; and

  WHEREAS the Youth Citizen of the Year Award exemplifies outstanding service to the community and determination and passionate desire to contribute towards improving the quality/well-being of the Township and life of residents;

  NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Township of Edwardsburgh Cardinal implements a Youth Citizen of the Year Award with the following criteria for nomination:

  • Youth ages 12-17 that are making a positive impact in their communities
  • Contribute both their time and energy to making improvements/well-being of the Township.
  • Community service contributions may be related to recreation, the arts, education, humanities, community services, medical, business, or commerce fields
  • Demonstrates leadership, innovation, or creativity
  • Only individuals are eligible, not groups
  • Nominee must be a resident of the Township of Edwardsburgh Cardinal
  • More than one person or group may nominate the same individual
  • Nominations can be submitted with a supporting video nomination
  • Parental consent release form must be provided with all video nominations
  • Nominations will be reviewed by Council and their decision will be final
  Carried

e.

Tri-Council Health Care Recruitment

• Decision: 2022-313
  Moved by: H. Cameron
  Seconded by: J. Hunter

  THAT Municipal Council endorse the creation of a Tri-Council steering committee for physician recruitment efforts, as recommended by the Combined Committee of the Whole – Administration & Finance – Public Works, Environmental Services & Facilities.

  Carried

f.

Tri-Council Cross Promotion of Recreation Assets & Tourism Events (Website)

• Decision: 2022-314
  Moved by: T. Deschamps
  Seconded by: J. Hunter

  THAT Municipal Council endorse the creation of a Tri-Council website at an estimated initial cost of $1000.00, with payments of $150.00/month subsequently, not to exceed $3000.00 for the first year, as recommended by the Combined Committee of the Whole – Administration & Finance – Public Works, Environmental Services & Facilities. 

  Carried

g.

SNC Property Maintenance - The Healing Place

• Decision: 2022-315
  Moved by: J. Hunter
  Seconded by: S. Dillabough

  THAT Municipal Council direct staff to cut the grass at The Healing Place Property for the remainder of 2022 and revisit the discussion in 2023, as recommended by the Combined Committee of the Whole – Administration & Finance - Public Works, Environmental Services & Facilities.

  Carried

h.

Request to Stop Up, Close & Convey Road Allowance - Glock/Barkley

• Decision: 2022-316
  Moved by: J. Hunter
  Seconded by: S. Dillabough

  THAT Municipal Council agrees to stop up and close the unopened road allowance identified as Part 2 on Plan 15R-6142; and that the land be conveyed to the owner of 7068 County Road 44; and that the intended conveyance be publicized through the Township’s website, local newspaper, and by direct mail to property owners of land within 120m, as recommended by the Combined Committee of the Whole – Administration & Finance – Public Works, Environmental Services & Facilities.

  Carried

i.

Rescind Resolution No. 2022-275 - Armstrong Rd Surface Remediation

Members requested clarification on the difference between  rescinding a motion and a motion to reconsider. It was noted that a motion to reconsider would have to be brought forward at the meeting that the resolution was passed. Rescinding the Council motion allows a previously passed motion to be rescinded so long as no progress has been made in performing the direction from the motion.

Members highlighted that the Township's procedural bylaw is silent on rescinding a motion. It was noted that in the event that the bylaw does not speak to a specific procedure, Robert's Rules of Order take effect.

Members noted the restricted powers of Council due to the upcoming municipal election and suggested that the $17,100.00 allocated from reserves be dedicated to hot patching along Armstrong Rd.

• Decision: 2022-317
  Moved by: H. Cameron
  Seconded by: T. Deschamps

  WHEREAS during the regular meeting of Council held on July 25, 2022, Municipal Council approved Resolution No. 2022-275 – Armstrong Road Surface Remediation; and

  WHEREAS Resolution No. 2022-275 directed staff to undertake Option 1 – pulverize Armstrong Road surface back to gravel, at an upset limit of $17,000.00, and fund the work through the Public Works Reserve; and

  WHEREAS following the passing of Resolution No. 2022-275, members of the public that are directly impacted by the Municipal Council decision have voiced their concerns respecting the Armstrong Road surface remediation project to Council.

  NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Township of Edwardsburgh Cardinal hereby rescinds Council Resolution No. 2022-275 – Armstrong Road Surface Remediation and directs staff to investigate alternative options.

  Carried

9.

Correspondence

• Decision: 2022-318
  Moved by: T. Deschamps
  Seconded by: J. Hunter

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

  • August 8, 2022
  • August 17, 2022
  Carried

10.

Approval of Municipal Disbursements

Members inquired about the number of stray animals turned over to Vincera Kennels each month. 

• Decision: 2022-319
  Moved by: J. Hunter
  Seconded by: T. Deschamps

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

  • Report dated July 27 (2022-101)                             $181,372.40
  • Report dated July 27 (2022-102)                             $191,118.27
  • Report dated August 4 (2022-107)                          $7,000.00
  • Report dated August 15 (2022-108)                        $58,138.81
  • Report dated August 18 (2022-109)                        $228,264.08
  • Report dated August 18 (2022-110)                        $493,593.18 

                                                                     TOTAL:         $1,159,486.74

  Carried

11.

By-laws

a.

Procedural Bylaw - Inaugural Meeting Update

• Decision: 2022-320
  Moved by: S. Dillabough
  Seconded by: J. Hunter

  THAT a bylaw to amend bylaw 2019-15 being a bylaw to govern the proceedings of council and committees of council, be now read a third time and finally passed, signed, sealed and numbered 2022-55.

  Carried

b.

Escribe Subscription Renewal Agreement 

• Decision: 2022-321
  Moved by: J. Hunter
  Seconded by: T. Deschamps

  THAT the mover be granted leave to introduce a bylaw to authorize the Clerk to execute a subscription agreement with eScribe Software Ltd., and this shall constitute first and second reading thereof.

  Carried
• Decision: 2022-322
  Moved by: J. Hunter
  Seconded by: T. Deschamps

  THAT a bylaw to authorize the Clerk to execute a subscription agreement with eScribe Software Ltd., be now read a third time and finally passed, signed, sealed and numbered 2022-56.

  Carried

c.

ICIP - Green Stream Transfer Payment Agreement

• Decision: 2022-323
  Moved by: H. Cameron
  Seconded by: J. Hunter

  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 the right of Ontario – Minister of Infrastructure – for the Investing in Canada Infrastructure Program (ICIP): Green Stream, and this shall constitute first and second reading thereof.

  Carried
• Decision: 2022-324
  Moved by: H. Cameron
  Seconded by: J. Hunter

  THAT a bylaw to authorize the Mayor and Clerk to execute a transfer payment agreement with her Majesty the Queen in the right of Ontario – Minister of Infrastructure – for the Investing in Canada Infrastructure Program (ICIP): Green Stream, be now read a third time and finally passed, signed, sealed and numbered 2022-57.

  Carried

12.

CAO’s Administrative Update

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

• Members commended the Parks, Recreation and Facilities Department on the coordination of the summer day camp and swim programs.
• Inquired about the estimated timeline to begin construction on the Johnstown Drainage project.
• Expected delivery timeline for the Fire Department pumper truck.
• Date for Spencerville arena opening - September 21.
• National Disaster Mitigation Program (NDMP) funding value.
• Windmill pumping station upgrades delayed by Greenfield Global.

• Decision: 2022-325
  Moved by: J. Hunter
  Seconded by: T. Deschamps

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

  Carried

13.

Councillor Inquiries or Notices of Motion

Councillor Cameron inquired if the Township would be supplying candy for members involved in the upcoming Labour Day and Spencerville Fair parades.

Councillor Hunter requested that an item be included on the September Committee of the Whole – PW/ES&F meeting to dedicate the $17,100.00 for hot patching on Armstrong Rd.

Councillor Dillabough highlighted the Edwardsburgh Cardinal Fire Department response to a vehicle accident on County Rd 44.

14.

Mayor’s Report

Mayor Sayeau reported on the following:

• Continued concerns with roadside brushing.
• Developer concerned with the slow pace of the development approval process. Requested that a discussion item be included on a future Committee agenda respecting the conditions of approval for subdivision developers.
• Port General Manager performance appraisal complete. CAO performance appraisal  to be completed.

• Decision: 2022-326
  Moved by: T. Deschamps
  Seconded by: J. Hunter

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

  Carried

15.

Question Period

Questions/comments were raised with respect to the following:

• Clarification on the enforceability of the new 2022-37 Zoning Bylaw.
• Concerns were noted regarding public notice to residents of changes that affect them in the Township.
• Comparisons made to the quality of the road work completed on Rock St. versus Armstrong Rd.
• Comments were made regarding the completed hot patch work on Armstrong Rd.
• Inquiries were made into the next steps following the rescinding of the Armstrong Rd. remediation resolution.
• Potential costs for hot patching on Armstrong Rd.

16.

Closed Session

None.

17.

Confirmation By-law

• Decision: 2022-327
  Moved by: S. Dillabough
  Seconded by: J. Hunter

  THAT a by-law to adopt, confirm and ratify matters dealt with by resolution be now passed, signed, sealed and numbered 2022-58.

  Carried

18.

Adjournment

• Decision: 2022-328
  Moved by: H. Cameron
  Seconded by: J. Hunter

  THAT Municipal Council does now adjourn at 8:12 p.m.

  Carried