Regular Council Meeting
Agenda

Meeting #:
Date:
-
Location:
Tecumseh Town Hall - Council Chambers
917 Lesperance Road
Tecumseh, Ontario N8N 1W9

B.

 

We acknowledge that we are on land and surrounded by water, originally inhabited by Indigenous Peoples who have travelled this area since time immemorial. This territory is within the lands honoured by the Wampum Treaties; agreements between the Anishinaabe, Haudenosaunee, Lenni Lenape and allied Nations to peacefully share and care for the resources around the Great Lakes. Specifically, we would like to acknowledge the presence of the Three Fires Confederacy Ojibwe, Odawa, Potawatomi and Huron/Wendat Peoples. We are dedicated to honouring Indigenous history and culture while remaining committed to moving forward respectfully with all First Nations, Inuit and Métis.

  • Recommendation
    Moved byDeputy Mayor Joe Bachetti
    Seconded byCouncillor Rick Tonial

    That the May 28, 2024 minutes of the Regular Council Meeting and the minutes of the June 12, 2024 Special Council Meeting, as were duplicated and delivered to the members, be adopted.

  • Recommendation
    Moved byCouncillor Brian Houston
    Seconded byCouncillor Alicia Higgison

    That Reports DS-2024-17 Zoning By-Law Amendment, West Side Walker Road, U-Haul Moving and Storage, Scheduling of a Public Meeting, DS-2024-18 Zoning By-law Amendment, 5485 Walker Road Scheduling of a Public Meeting and DS-2024-19 Zoning By-Law Amendment, Oldcastle Heights Residential Subdivision, Scheduling of a Public Meeting, be received and approved.

Re: Katie Stammler, PhD, Water Quality Scientist/Source Water Protection Project Manager, Essex Region Conservation Authority and Tom Fuerth, Chair, Source Water Protection Committee 

Re: Larry Silani, MillerSilani Inc.

  • Recommendation
    Moved byDeputy Mayor Joe Bachetti
    Seconded byCouncillor Rick Tonial

    That Report DS-2024-21 entitled “Expanding Housing Choices and Improving
    Affordability - Tecumseh Housing Accelerator Fund: June 2024 Status Update,” be received;
    And that the new Housing Advisory Panel Terms of Reference in Attachment 1 to Report DS-2024-21 be adopted;
    And further that Councillor Alicia Higgison be appointed to the Tecumseh Housing Advisory Panel for the remaining term of Council ending November 14, 2026 or until such time as new members are appointed. 

Re: Rural and Small Urban Municipalities - Affordability of Water and Wastewater Systems

Re: County of Essex Transportation Master Plan - Notice of Public Information Centre No 1

Re: Recipient of Certified Municipal Officer Designation, Jennifer Alexander

  • Recommendation
    Moved byCouncillor Brian Houston
    Seconded byCouncillor Rick Tonial

    That Communications - For Information A through D as listed on the Tuesday, June 25, 2024 Regular Council Agenda, be received.

  • Recommendation
    Moved byCouncillor Rick Tonial
    Seconded byCouncillor Alicia Higgison

    That the Communication items A & B from the Township of Pelee be supported:

    A) Resolution -  Rural and Small urban Municipalities, Affordability of Water and Wastewater Systems

    Whereas the Provincial Policy Statement (PPS) (Section 1.6.6.2) states that municipal
    sewage services and municipal water services are the preferred form of servicing for
    settlement areas to support protection of the environment and minimize potential risks to
    human health and safety and that intensification and redevelopment within these settlement
    areas should be promoted; and

    Whereas the PPS (Section 2.2.1 (f)) states that planning authorities shall protect,
    improve, or restore the quality and quantity of water by implementing the necessary
    restrictions on development and site alternation to protect all drinking supplies and
    designated vulnerable areas, and protect, improve, or restore vulnerable surface and ground
    water, sensitive surface water features and sensitive groundwater features, and their
    hydrologic functions; and

    Whereas the PPS (Sections 2.2.l(h) and (i)) states that there is consideration of
    environmental lake capacity as well as stormwater management practices; and

    Whereas the Ministry of the Environment, Protection and Conservation (MECP)
    Procedural Guideline B-1-5 Policy 2 provision states that water quality which presently
    does not meet the Provincial Water Quality Objectives shall not be further degraded and
    all practical measures shall be undertaken to upgrade the water quality to the Objectives;

    Whereas in 2014 the Township of Whitewater Region authorized Jp2gConsultants Inc. to undertake a Municipal Class Environmental Assessment (EA) for the purpose of evaluating viable options to upgrade the 1979 Cobden Wastewater Treatment Plant. This plant did not meet guidelines for effluent flow into Muskrat Lake and Cobden Wetland being highly sensitive, at capacity, inland lake, and Provincial Significant Wetland (PSW) and acknowledged as one of the most eutrophic in the province. The plant had ongoing seasonal overflow events, and was operating at maximum capacity; and

    Whereas in 2018 the Council of the Township of Whitewater Region approved the construction of a new parallel mechanical system that would meet all provincial environmental and regulatory requirements including accommodating future growth. Federal and provincial contributions only covered 50% of the final construction costs, as there was no ability to renegotiate with federal and provincial partners once real costs were known. As a result, the balance of costs ($6M) was debentured over 30 years at interest rates that are slightly punitive to rural and small urban municipalities; and

    Whereas in 2019 the Council of the Township of Whitewater Region conducted a Water and Wastewater Rate Study that demonstrated the need for rate increases of over 100% to fund the new wastewater treatment plant construction debenture and the significantly increased operating costs for a parallel mechanical system. Rural and small urban municipalities experience very limited growth as federal and provincial policies heavily support growth in urban centers. As there are no other sources of available operational funding, rural and small urban municipalities are expected to fund the construction and operation of these state-of-the-art systems from existing property owners and nominal forecasted growth; 


    Whereas in 2023 the Township of Whitewater Region combined water and wastewater rates have risen to almost $3,000/year for its five hundred and eleven (511) users and are among the highest in the County of Renfrew and across the Province of Ontario. There are similarly high user rates in the Township of Madawaska Valley as a result of Provincial regulations and a small number of users. Other examples of rapidly increasing rates include the Towns of Deep River, Renfrew, Arnprior, Laurentian Hills, and Petawawa, and the Townships of Bonnechere Valley, Laurentian Valley and Killaloe, Hagarty and Richards, where significant upgrades in short periods of time are making rates unaffordable even with an increased number of users.

    Now therefore be it resolved that the Council of the Town of Tecumseh supports the County of Renfrew and the Township of Pelee's resolution to:

    Advocate to the provincial and federal levels of government to make them aware that rural and small urban water and wastewater systems are financially unsustainable; and Advocate to the Association of Municipalities of Ontario (AMO), the Rural Ontario Municipalities Association (ROMA) and the Federation of Canadian Municipalities (FCM) to examine if the unaffordability of water and wastewater system operational costs is systemic provincially and nationally;

    And that a copy of this resolution be circulated to The Honourable Doug Ford, Premier of Ontario; the Honourable K inga Surma, Minister of Infrastructure (Ontario); the Honourable Dominic LeBlanc, Minister of intergovernmental Affairs, Infrastructure and Communities (Canada); the Honourable Paul Calandra, Minister of Municipal Affairs and Housing, the Honourable Andrea Khanjin, Minister of the Environment, Conservation and Parks (Ontario), Dave Epp, MP, Chatham-Kent-Leamington; Trevor Jones, MPP, Chatham Kent-Leamington; Irek Kusmierczk, MP, Windsor-Tecumseh, Andrew Dowie, MPP, Windsor-Tecumseh, AMO; ROMA; FCM; and all Municipalities in Ontario.

     

    B.) Resolution - Sustainable Infrastructure Funding for Small Rural Municipalities

    Whereas Ontario’s small rural municipalities face insurmountable challenges to fund both
    upfront investments and ongoing maintenance of their capital assets including roads and bridges and
    water wastewater and municipally owned buildings including recreational facilities and libraries;


    And Whereas in 2018, the Ontario government mandated all Ontario municipalities to develop
    capital asset management plans with the stipulation that they be considered in the development of the
    annual budget;

    And Whereas small rural municipalities (of 10,000 people or less) are facing monumental
    infrastructure deficits that cannot be adequately addressed through property tax revenue alone;


    And Whereas the only application approved through the recently awarded Housing Accelerator
    Fund to a small rural municipality was to Marathon Ontario, who received an allocation of $1.9
    million dollars while over $1.369 billion going to Ontario’s large urban centres, resulting in a 0.2%
    investment in rural Ontario;


    And Whereas the Ontario Government has committed $9.1 billion to Toronto alone to assist with
    operating deficits and the repatriation of the Don Valley and Gardner Expressway;

    And Whereas small rural Ontario cannot keep pace with the capital investments required over
    the next 20 years unless both the Provincial and Federal Governments come forward with new
    sustainable infrastructure funding;
    And Whereas it is apparent that both the Federal and Ontario Governments have neglected to
    recognize the needs of small rural Ontario;

    Now therefore be it resolved: 

    That the Council of the Town of Tecumseh hereby support the Township of Pelee and Georgian Bay’s resolution calling on the Ontario and Federal Government to implement sustainable infrastructure funding for small rural municipalities;
    And that small rural municipalities are not overlooked and disregarded on future applications
    for funding;
    And that both the Federal and Ontario Governments begin by acknowledging that there is an
    insurmountable debt facing small rural municipalities;
    And that both the Federal and Ontario Governments immediately commission a Working Group to
    develop a plan on how to deal with the impending debt dilemma;
    And that this resolution be forwarded to The Honourable Justin Trudeau, Prime
    Minister of Canada; The Honourable Sean Fraser, Minister of Housing, Infrastructure and
    Communities of Canada; Michel Tremblay Acting President and CEO, Canada Mortgage and
    Housing Corporation; The Honourable Doug Ford, Premier of Ontario; The Honourable Kinga
    Surma, Ontario Minister of Infrastructure; The Honourable Paul Calandra, Ontario Minister of
    Municipal Affairs and Housing; MP Dave Epp, Chatham-Kent-Leamington; MPP Trevor Jones,
    Chatham-Kent-Leamington; Irek Kusmierczk, MP, Windsor-Tecumseh, Andrew Dowie, MPP, Windsor-Tecumseh, AMO, ROMA, FCM, and all Municipalities in Ontario.

  • Recommendation
    Moved byCouncillor Alicia Higgison
    Seconded byCouncillor Brian Houston

    That the May 28, 2024 minutes of the Policies & Priorities Committee Meeting as were delivered to the Members, be adopted;

    And that the attached Policies be adopted: No. 9 Technology Acceptable Use, Policy No. 14 Travel Policy for Municipal Employees and Members of Local Boards,  Policy No. 97 Customer Service Policy, Policy No. 130 Closed Meeting Protocol,  Administrative Monetary Penalty System policies relating to Political Interference, Conflict of Interest, Public Complaints and Financial Management be adopted;

    And further, that Policy No. 36-02 Winter Control be repealed;

    And further, that By-Law 2024-048 establishing an Administrative Monetary Penalty System for the Town of Tecumseh be considered for first, second, third and final reading and that the Mayor and Clerk be authorized to sign and execute any necessary agreements with the Ministry of Transportation or any other government agency to administer the Administrative Monetary Penalties System (AMPS), subject to the approval of the Town’s Solicitor;

    And further, that the Clerk be authorized to initiate a Request for Proposal in Q4 for the services of an independent Hearing Officer to conduct all hearing reviews under AMPS for the duration of the two-year AMPS pilot program starting January 1, 2025;

    And further, that the Clerk be authorized to initiate a Request for Proposal in Q4 for the services of an independent Hearing Officer to conduct all hearing reviews under AMPS for the duration of the two-year AMPS pilot program starting January 1, 2025;

    And further, that Council delegate authority to the Director Technology & Client Services and Chief Administrative Officer to annually review (by June 30th of each year) and, if applicable, revise the Customer Service Policy and Technology Acceptable Use to meet legislative compliance and that, if any significant changes to this policy occur upon review, Administration will prepare and bring an information report to Council outlining the amendments.

  • Recommendation
    Moved byDeputy Mayor Joe Bachetti
    Seconded byCouncillor Rick Tonial

    That Report CAO-2024-04 entitled “OPP Detachment Board – Budget” be received;

    And that the proposed budget for the balance of 2024 for the Essex County OPP Detachment Board #1, as appended to the report, be approved;

    And further that the Town of Tecumseh’s recommendation to approve the proposed budget for the balance of 2024 for the Essex County OPP Detachment Board #1 be forwarded to the Town of Essex and the Municipality of Lakeshore, for their consideration of approval;

    And furthermore, that on approval by all three member municipalities of the Essex County OPP Detachment Board #1, the budget for the balance of 2024 be implemented by the administering municipality, being the Town of Tecumseh.

  • Recommendation
    Moved byCouncillor Rick Tonial
    Seconded byCouncillor Brian Houston

    That Report-CAO-2024-05 entitled “OPP Detachment Board Annual Report” be received.

  • Recommendation
    Moved byCouncillor Brian Houston
    Seconded byCouncillor Rick Tonial

    That DS-2024-20 entitled “Zoning By-Law Amendment, 12207 County Road 42, Results of Public Meeting and Final Recommendation”, be received;

    And that a by-law having the effect of amending Zoning By-law 85-18 by rezoning a 0.50-hectare (1.23-acre) parcel of land located on the south side of County Road 42, approximately 60 metres (196 feet) west of its intersection with Lesperance Road (12207 County Road 42), from “Residential Zone 1 (R1)” to a site-specific “Residential Zone 2 (R2-6)” to permit the construction of a 3-storey, 23-unit, residential development and establish site-specific lot provisions, in keeping with DS-2024-20, be adopted.

  • Recommendation
    Moved byCouncillor Brian Houston
    Seconded byDeputy Mayor Joe Bachetti

    That the 2023 Year-End Budget Variance Report, dated June 25, 2024, showing a tax-supported surplus of $434,058 and a rate-supported surplus of $6,896 be received;

    And that tax-supported surplus transfers be made as follows:

    1. $362,145 operating fund surplus to Tax Rate Stabilization Reserve to bring this reserve to approximately $3.3M (15% of general levy is $4.3M); and
    2. $71,913 capital fund surplus be transferred as follows:
      1. $50,000 to Tax Rate Stabilization Reserve to be carried forward to 2024 towards 2023 approved Small Equipment purchases not fulfilled at year-end, and
      2. $21,913 to Infrastructure Reserve

    And further that rate-supported surplus/deficit (Water and Wastewater services) transfers be made as follows:

    1. $210,386 water operating fund surplus transferred to the Water Rate Stabilization Reserve Fund; and
    2. $203,490 wastewater operating fund deficit transferred from the Wastewater Rate Stabilization Reserve Fund.
  • Recommendation
    Moved byCouncillor Rick Tonial
    Seconded byCouncillor Alicia Higgison

    That report PWES-2024-34 2024 Tar and Chip Tender Award be received;

    And that the sole tender for the 2024 Tar and Chip in the amount of $260,790 excluding HST be awarded to Shepley Road Maintenance Ltd.;

    And further that By-law 2024-051 be considered for first, second, third and final reading, to authorize the Mayor and Clerk to execute an agreement, satisfactory in form to the Town’s solicitor, with Shepley Road Maintenance Ltd.;

    And further that project allocations, reflecting a budget for the 2024 Tar and Chip Program of $265,380, with a $34,620 decrease to the original allocation, be funded from the Roads Lifecycle Reserve.

Being a by-law to authorize the execution of an Agreement between the Corporation of the Town of Tecumseh and Shepley Road Maintenance Ltd. for the construction services of tar, chip and crack sealing on roads.

Being a by-law to authorize the execution of a Letter of Agreement between The Corporation of the Town of Tecumseh and Her Majesty the Queen in Right of Ontario as represented by the Minister of Transportation for Ontario relating to funding under the Dedicated Gas Tax Funds for Public Transportation program.

Being a by-law to amend By-Law 85-18, the Town's Comprehensive Zoning By-Law for those lands in the former Township of Sandwich South. (Planning File: D19 12207CR42 - 12207 County Road 42)

  • Recommendation
    Moved byCouncillor Alicia Higgison
    Seconded byCouncillor Brian Houston

    That

    Be given first and second reading.
  • Recommendation
    Moved byCouncillor Rick Tonial
    Seconded byCouncillor Brian Houston

    That

    Be given third and final reading.

  • Recommendation
    Moved byCouncillor Rick Tonial
    Seconded byCouncillor Alicia Higgison

    That By-Law 2024-058 being a by-law to confirm the proceedings of the Tuesday, June 25, 2024, regular meeting of the Council of The Corporation of the Town of Tecumseh be given first, second, third and final reading.

This notice of motion is brought forward by Councillor Brian Houston

  • Recommendation
    Moved byCouncillor Brian Houston
    Seconded byCouncillor Rick Tonial

    Whereas By-Law 2001-36 is a by-law to regulate traffic and parking on highways and private roadways under the jurisdiction of the Corporation of the Town of Tecumseh;

    And whereas By-Law 2001-36 provides for definitions of "Trailer" and "Vehicle" which together have the intent of placing restrictions and/or in some cases a prohibition on street parking for certain types of trailers and/or vehicles;

    And whereas the current definitions in the By-Law collectively do not sufficiently identify or distinguish between both the various types and various uses of trailers and vehicles and the corresponding restrictions and prohibitions that may be applicable as related to on-street parking.

    And whereas the parking of certain types of trailers and trailer related vehicles can contribute to obstruction or congestion on the roadway, particularly in residential development areas.

    Now Therefore Be It Hereby Resolved:

    That Administration undertake a review of the current Traffic By-Law 2001-36 to determine if there are recommended by-law amendments pertaining to defining the types and uses of trailers and vehicles that may be subject to restrictions and/or a prohibition on street parking particularly in regards to residential areas.

This notice of motion is brought forward by Deputy Mayor Joe Bachetti.

  • Recommendation
    Moved byDeputy Mayor Joe Bachetti
    Seconded byCouncillor Alicia Higgison

    Whereas parking at the CADA Library Parking Lot currently has general signage identifying the parking lot as being for the use of the Library.

    And Whereas despite such signage the parking lot during CADA library hours of operation continues to also be used by non-staff and non-patrons of the Library which has resulted in shortages of available parking for library staff and patrons during Library hours of operation.

    And whereas the current signage at the parking lot does not:

    1. designate or identify dedicated parking spots for Library staff and patrons;
    2. identify particular hours as being for Library staff or patrons only; and
    3. identify or reference the fact that parking in violation thereof may result or be subject to fines

    Now Therefore Be It Hereby Resolved:

    That Administration in consultation with Library staff take such reasonable steps as may be required to better identify a certain number of designated parking spots as being for Library staff and patrons only; and

    Further that Administration review the current Traffic By-Law 2001-36 pertaining to enforceability in regards to those designated parking spots so as to better promote compliance.

Tuesday July 9, 2024


6:00 pm Public Council Meeting - Development Charges  By-Law 


7:00 pm Regular Council Meeting 

  • Recommendation
    Moved byCouncillor Rick Tonial
    Seconded byCouncillor Alicia Higgison

    That there being no further business, the Tuesday, June 25, 2024 meeting of the Regular Council be adjourned at 9:55 pm.

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