MINUTES

MUNICIPAL COUNCIL

Monday, February 27, 2023

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

South Edwardsburgh Community Centre

24 Sutton Dr.

Johnstown Ontario

PRESENT:

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

STAFF:

• Dave Grant, CAO
• Rebecca Williams, Clerk
• Sean Nicholson, Treasurer
• Gord Shaw, Director of Operations
• Mike Spencer, Manager of Parks, Recreation & Facilities
• Eric Wemerman, Chief Water/Sewer Operator
• Candise Newcombe, Deputy Clerk

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1.

Call to Order

Mayor Deschamps called the meeting to order at 6:32 p.m.

2.

Approval of Agenda

• Decision: 2023-37
  Moved by: S. Dillabough
  Seconded by: J. Martelle

  That Municipal Council approves the agenda as presented.

  Carried

3.

Disclosure of Pecuniary Interest & the General Nature Thereof

None.

4.

Delegations & Presentations

a.

Rideau St. Lawrence Distribution Inc. - CEO Simon Wu

Mr. Wu provided a presentation which is held on file. Mr. Wu outlined the corporate structure, board members and past business performance of Rideau St. Lawrence Distribution Inc and the benefits of adopting a local utilities provider. He highlighted current and prospective business ventures of the company including expansion to EV charging stations, CIS system consulting and municipal street light servicing. 

There was discussion regarding expansion opportunities, hydro pole installation costs, hot water tank rental services and the status of the EV charging station program. 

Council thanked Mr. Wu for his presentation and noted the benefits the utility users recognize by the Township maintaining a local utility provider.     

b.

Elimination of LCBO Mark-up and Wine Levy - Craig MacMillan

Mr. MacMillan provided Council with a brief background on the issue with the LCBO mark-up and wine levy, MPP's that support the elimination and identified his request for a Council resolution of support to eliminate the proposed fees. 

There was discussion regarding the differences between VQA versus non-VQA wineries, the cost of a VQA membership and the sustainability of said membership for smaller wineries. Members noted their support of local business and highlighted the impending draft resolution later in the agenda.  

5.

Minutes of the Previous Council Meetings

a.

Special Council - January 30, 2023

• Decision: 2023-38
  Moved by: C. Ward
  Seconded by: W. Smail

  THAT Municipal Council receives and approves the minutes of the Special Council Meeting dated January 30, 2023.

  Carried

b.

Regular Council - January 30, 2023

• Decision: 2023-39
  Moved by: W. Smail
  Seconded by: C. Ward

  THAT Municipal Council receives and approves the minutes of the Regular Council Meeting dated January 30, 2023.

  Carried

6.

Business Arising from the Previous Council Meeting (if any)

None.

7.

Committee Minutes

a.

Port Management Committee - January 25, 2023

• Decision: 2023-40
  Moved by: J. Martelle
  Seconded by: S. Dillabough

  THAT Municipal Council receives the minutes of the Port Management Committee Meeting dated January 25, 2023.

  Carried

b.

Committee of the Whole - Administration and Operations - Budget #2 - February 2, 2023

• Decision: 2023-41
  Moved by: S. Dillabough
  Seconded by: J. Martelle

  THAT Municipal Council receives and approves the minutes of the Committee of the Whole – Administration and Operations – Budget Meeting #2 dated February 2, 2023.

  Carried

c.

Committee of the Whole - Community Development - February 6, 2023

• Decision: 2023-42
  Moved by: C. Ward
  Seconded by: W. Smail

  THAT Municipal Council receives and approves the minutes of the Committee of the Whole – Community Development Meeting dated February 6, 2023.

  Carried

d.

Committee of the Whole - Administration and Operations - February 13, 2023

• Decision: 2023-43
  Moved by: W. Smail
  Seconded by: C. Ward

  THAT Municipal Council receives and approves the minutes of the Committee of the Whole – Administration and Operations Meeting dated February 13, 2023.

  Carried

e.

Committee of the Whole - Administration and Operations - Budget #3 - February 21, 2023

• Decision: 2023-44
  Moved by: J. Martelle
  Seconded by: S. Dillabough

  THAT Municipal Council receives and approves the minutes of the Committee of the Whole – Administration and Operations – Budget Meeting #3 dated February 21, 2023.

  Carried

8.

Action and Information Items from Committees

a.

2023 Renewal of River Route Transit Service Partnership Agreement

Council members discussed the eligibility of the River Route Transit system for provincial grants. 

• Decision: 2023-45
  Moved by: W. Smail
  Seconded by: C. Ward

  THAT Municipal Council:

  1. Renews the River Route Transit Service Partnership Agreement for the upcoming period of April 1, 2023 to March 31, 2024; and
  2. That the River Route Transit Service be funded by the Modernization Fund.

  As recommended by the Committee of the Whole – Community Development.

  Carried

b.

2022 Annual Cardinal WPCP Summary Report

• Decision: 2023-46
  Moved by: S. Dillabough
  Seconded by: J. Martelle

  THAT Municipal Council receives the 2022 annual report for the Cardinal Water Pollution Control Plant and direct staff to submit the report to the MECP prior to the March 31 deadline, as recommended by the Committee of the Whole – Administration and Operations.

  Carried

c.

2022 Cardinal & Industrial Park Drinking Water System Summary Report

• Decision: 2023-47
  Moved by: W. Smail
  Seconded by: C. Ward

  THAT Municipal Council receives the 2022 Water Summary Reports for the Cardinal and Industrial Park Water Systems, as recommended by the Committee of the Whole – Administration and Operations.

  Carried

d.

Ferguson Drain Maintenance Tender Award

• Decision: 2023-48
  Moved by: W. Smail
  Seconded by: C. Ward

  THAT Municipal Council:

  1. Award the Ferguson Municipal Drain Culvert Replacement Tender No. EC-PW-MunDr-23-01 to Willis Kerr Contracting Ltd. for the sum of $25,713.00 plus non-rebated HST; and
  2. Direct staff to bill the upstream beneficiaries of the maintenance for the work as stipulated in the Drainage Act.

  As recommended by the Committee of the Whole – Administration & Operations.

  Carried

e.

2023 Water System Budgets

Council confirmed the $1.00 capital levy increase imposed to the Cardinal water and the wastewater systems as the only system increase.  

• Decision: 2023-49
  Moved by: J. Martelle
  Seconded by: S. Dillabough

  THAT Municipal Council approves the 2023 budget as presented for all Water and Wastewater Systems, as recommended by the Committee of the Whole – Administration & Operations.

  Carried

f.

Tandem Axle Truck Tender Award

Council discussed the estimated delivery date of the truck compared to alternate tender submissions, noting a negligable difference. 

• Decision: 2023-50
  Moved by: W. Smail
  Seconded by: C. Ward

  THAT Municipal Council award the 5 Tonne plow truck tender EC-PW-23-01 to Cornwall Freight Liner at a cost of $322,370.00 plus non-rebated HST.

  Carried

g.

Port of Johnstown Year End Report & Pre-Audit Financial Statement

• Decision: 2023-51
  Moved by: J. Martelle
  Seconded by: S. Dillabough

  THAT Municipal Council:

  1. Receives the Port of Johnstown 2022 Year End Report; and
  2. Receives the financial statement, as per Bylaw 2017-02, and that the financial statements be submitted and interpreted to Council.

  As recommended by the Port Management Committee.

  Carried

h.

Port of Johnstown Budget

Council requested that the discussion item regarding the allocated $35,000.00 by the Port of Johnstown for donations be added to the next Port of Johnstown meeting. Members commended Port staff on a record year and for the aggressive 2023 capital budget of $11 million. 

• Decision: 2023-52
  Moved by: W. Smail
  Seconded by: C. Ward

  THAT Municipal Council:

  1. Approves the Port of Johnstown’s 2023 Budget Revenues and Expenses as presented; and
  2. Approves the Port of Johnstown’s 2023 Capital Budget in the amount of $9,586,000.00 plus 2022 carryover amount of $1,305,950.00 for a total of $10,891,950.00 excluding HST.

  As recommended by the Port Management Committee.

  Carried

i.

Draft Resolution - Elimination of LCBO Mark-up and Wine Levy on 100% Ontario Non-VQA Wine

Council noted their support of small businesses in rural Ontario. 

• Decision: 2023-53
  Moved by: S. Dillabough
  Seconded by: J. Martelle

  WHEREAS the Non-Vintner Quality Alliance (“Non-VQA) wineries that sell 100% Ontario wine directly to a licensee (e.g. local restaurant) are subject to a Liquor Control Board of Ontario (LCBO) Mark-up and Wine Levy that are not imposed on a VQA direct delivery wine sale to a licensee; and

  WHEREAS this results in significantly increased charges and reduced revenue for Non-VQA wineries and effectively bars the direct sale of 100% Ontario Non-VQA wine to local licensees; and

  WHEREAS the resulting impact limits the development of local agri-tourism, rural economic diversification, and local partnerships; and

  WHEREAS the LCBO, without requiring legislative amendments, has the discretion to remove the Mark-up and Wine Levy on the direct delivery of 100% Ontario Non-VQA wine to a licensee; and

  NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Township of Edwardsburgh Cardinal supports the elimination of the LCBO Mark-up and Wine Levy imposed on the direct delivery of 100% Ontario Non-VQA wine to a licensee.

  AND FURTHER BE IT RESOLVED THAT this resolution be forwarded to the Minister of Finance, the Minister of Municipal Affairs and Housing, the Minister of Agriculture, Food and Rural Affairs, the Minister of Economic Development, Job Creation and Trade, the Minister of Red Tape Reduction, and the Minister of Tourism, Culture and Sport.

  Carried

9.

Correspondence

• Decision: 2023-54
  Moved by: J. Martelle
  Seconded by: S. Dillabough

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

  • February 1, 2023
  • February 8, 2023
  • February 15, 2023
  • February 22, 2023
  Carried

10.

Approval of Municipal Disbursements

Council clarified the repair amounts for the Public Works T5 truck. 

• Decision: 2023-55
  Moved by: C. Ward
  Seconded by: W. Smail

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

  • Report dated January 30 (2023-022)           $93,098.58
  • Report dated January 31 (2023-024)           $227,626.94
  • Report dated February 15 (2023-036)          $1,035,493.67
  • Report dated February 15 (2023-037)          $95,874.00
  • Report dated February 22 (2023-039)          $12,543.66 

                                                           TOTAL:         $1,464,636.85

  Carried

11.

By-laws

a.

Zoning Bylaw Amendment - 3609 County Rd 21 - Zanderplan Inc. o/b Malcomson - 3rd & Final Reading

Members expressed ongoing concern of setting a precedent for similar future situations. 

• Decision: 2023-56
  Moved by: C. Ward
  Seconded by: W. Smail

  THAT a bylaw to amend Zoning Bylaw No. 2022-37 (ZanderPlan Inc. o/b David and Pamela Malcolmson Part of Lots 35 and 36, Concession 6, 3609 County Road 21), be now read a third time and finally passed, signed, sealed and numbered 2023-03.

  Carried

b.

Interim Tax Bylaw

• Decision: 2023-57
  Moved by: S. Dillabough
  Seconded by: J. Martelle

  THAT the mover be granted leave to introduce a bylaw to authorize an interim tax levy in advance of the adoption of the tax rates for 2023, and this shall constitute first and second reading thereof.

  Carried
• Decision: 2023-58
  Moved by: S. Dillabough
  Seconded by: C. Ward

  THAT a bylaw to authorize an interim tax levy in advance of the adoption of the tax rates for 2023, be now read a third time and finally passed, signed, sealed and numbered 2023-09.

  Carried

c.

Procedural Bylaw - 1st and 2nd Reading

• Decision: 2023-59
  Moved by: C. Ward
  Seconded by: W. Smail

  THAT the mover be granted leave to introduce a bylaw to govern the proceedings of council and committees of council, and this shall constitute first and second reading thereof.

  Carried

  Members noted that the third and final reading of the bylaw would be brought to the March Council meeting. 

  
  

d.

Integrity Commissioner Appointment

• Decision: 2023-60
  Moved by: W. Smail
  Seconded by: C. Ward

  THAT the mover be granted leave to introduce a bylaw to appoint and establish the position and duties of the Integrity Commissioner of the Township of Edwardsburgh Cardinal, and this shall constitute first and second reading thereof.

  Carried
• Decision: 2023-61
  Moved by: W. Smail
  Seconded by: C. Ward

  THAT a bylaw to appoint and establish the position and duties of the Integrity Commissioner of the Township of Edwardsburgh Cardinal, be now read a third time and finally passed, signed, sealed and numbered 2023-10.

  Carried

e.

2023 Cardinal Water & Wastewater System Estimates & Rates

• Decision: 2023-62
  Moved by: J. Martelle
  Seconded by: S. Dillabough

  THAT the mover be granted leave to introduce a by-law to amend bylaw 2013-69 to impose water and wastewater rates for users of the Cardinal water and wastewater system, and this shall constitute first and second reading thereof.

  Carried
• Decision: 2023-63
  Moved by: J. Martelle
  Seconded by: S. Dillabough

  THAT a by-law to amend bylaw 2013-69 to impose water and wastewater rates for users of the Cardinal water and wastewater system, be now read a third time and finally passed, signed, sealed and numbered 2023-11.

  Carried

f.

2023 Spencerville Sewer System Estimates & Rates

• Decision: 2023-64
  Moved by: C. Ward
  Seconded by: W. Smail

  THAT the mover be granted leave to introduce a by-law to adopt the estimates and impose sewer rates for users of the Spencerville sewer system, and this shall constitute first and second reading thereof.

  Carried
• Decision: 2023-65
  Moved by: C. Ward
  Seconded by: W. Smail

  THAT a by-law to adopt the estimates and impose sewer rates for users of the Spencerville sewer system, be now read a third time and finally passed, signed, sealed and numbered 2023-12.

  Carried

g.

Amend Bylaw 2022-18 - New Wexford/Industrial Park Water Distribution System Estimates

• Decision: 2023-66
  Moved by: W. Smail
  Seconded by: C. Ward

  THAT the mover be granted leave to introduce a by-law to amend bylaw 2022-18 to impose water rates for users of the water distribution system in New Wexford, County Rd 2 and the Johnstown Industrial Park, and this shall constitute first and second reading thereof.

  Carried
• Decision: 2023-67
  Moved by: W. Smail
  Seconded by: C. Ward

  THAT a by-law to amend bylaw 2022-18 to impose water rates for users of the water distribution system in New Wexford, County Rd 2 and the Johnstown Industrial Park, be now read a third time and finally passed, signed, sealed and numbered 2023-13.

  Carried

h.

Port Terms of Reference & Committee Appointment

• Decision: 2023-68
  Moved by: S. Dillabough
  Seconded by: C. Ward

  THAT the mover be granted leave to introduce a by-law to establish terms of reference and appoint members to the Port of Johnstown management committee, and this shall constitute first and second reading thereof.

  Carried

  Council recognized the thorough discussion had at the Committee meeting and the favourable response to the request for recruitment of resident advisory members. 

  
  
• Decision: 2023-69
  Moved by: S. Dillabough
  Seconded by: C. Ward

  THAT a by-law to establish terms of reference and appoint members to the Port of Johnstown management committee, be now read a third time and finally passed, signed, sealed and numbered 2023-14.

  Carried

12.

CAO’s Administrative Update

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

• The Township's 2023 insurance rate increase of approximately 11.47%.
• Progress regarding the water damage in Council Chambers. 

• Decision: 2023-70
  Moved by: J. Martelle
  Seconded by: S. Dillabough

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

  Carried

13.

Councillor Inquiries or Notices of Motion

None.

14.

Mayor’s Report

Mayor Deschamps reported on the following:

• Provided an update on the proposed UCLG tax levy decrease following a subsequent committee meeting and commended county staff for the hard work to minimize the tax increase to 6.89%. 
• Recognized the success of the Fire Fighter's Association pancake breakfast held on February 25th. 
• Announced the upcoming Optimus Fundraiser on March 4th at the Drummond Building in Spencerville.

• Decision: 2023-71
  Moved by: S. Dillabough
  Seconded by: C. Ward

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

  Carried

15.

Question Period

None.

16.

Closed Session

• Decision: 2023-72
  Moved by: C. Ward
  Seconded by: W. Smail

  THAT Municipal Council proceeds into closed session at 8:37 p.m. in order to address a matter pertaining to:

  1. Section 239(2)(b) Personal matters about an identifiable individual, including municipal or local board employees; Specifically: CAO Performance Appraisal and Minutes of Closed Session dated January 30, 2023 (Special & Regular Council)
  2. Section 239(3.1) Educational or training sessions; Specifically: Council Training – Roles & Responsibilities.
  Carried

a.

Section 239(2)(b)Personal matters about an identifiable individual, including municipal or local board employees; Specifically: CAO Performance Appraisal and Minutes of Closed Session dated January 30, 2023 (Special & Regular Council)

• Decision: Verbal
  Moved by: W. Smail
  Seconded by: J. Martelle

  THAT Municipal Council extend beyond the 10:00 p.m. curfew. 

  Carried

b.

Section 239(3.1) Educational or training sessions; Specifically: Council Training - Roles & Responsibilities

• Decision: 2023-73
  Moved by: C. Ward
  Seconded by: W. Smail

  THAT the closed meeting of Municipal Council does now adjourn and the open meeting does now resume at 10:27 p.m.

  Carried

17.

Report Out of Closed Session

Council received refresher training on organization roles and responsibilities in regard to rules of engagement. 

Council directed the CAO to update agreed-upon key performance indicators and priorities for the upcoming review period. 

Council reviewed the special and regular closed session minutes of January 30, 2023 for any errors or omissions.

• Decision: 2023-74
  Moved by: S. Dillabough
  Seconded by: C. Ward

  THAT Municipal Council receives and approves the special council and regular council closed session minutes dated January 30, 2023.

  Carried

18.

Confirmation By-law

• Decision: 2023-75
  Moved by: W. Smail
  Seconded by: C. Ward

  THAT a by-law to adopt, confirm and ratify matters dealt with by resolution be now passed, signed, sealed and numbered 2023-15.

19.

Adjournment

• Decision: 2023-76
  Moved by: J. Martelle
  Seconded by: S. Dillabough

  That Municipal Council does now adjourn at 1:30 p.m.

  Carried