Regular Meeting of Council

Minutes

Meeting #:

Date:

Tuesday, December 12, 2023

Time:

7:00 P.m. - 8:00 P.m.

Location:

Tecumseh Town Hall - Council Chambers

917 Lesperance Road

Tecumseh, Ontario N8N 1W9

Present:

• Mayor, Gary McNamara
• Deputy Mayor, Joe Bachetti
• Councillor, Alicia Higgison
• Councillor, Brian Houston
• Councillor, Tania Jobin
• Councillor, Rick Tonial

Absent:

• Councillor, James Dorner

Also Present:

• Chief Administrative Officer, Margaret Misek-Evans
• Director Legislative Services & Clerk, Robert Auger
• Director Public Works & Engineering Services, Phil Bartnik
• Director Community Safety & Fire Chief, Wade Bondy
• Director People & Culture, Michelle Drouillard
• Director Technology & Client Services, Shaun Fuerth
• Director Community & Recreation Services, Beth Gignac
• Director Development Services, Brian Hillman
• Director Financial Services & Chief Financial Officer, Tom Kitsos
• Deputy Clerk & Manager Legislative Services, Jennifer Alexander
• Manager Customer Service, Amanda Circelli
• Deputy Clerk - Clerks Services & Policy Advisor, Christina Hebert

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A.

Roll Call

B.

Order

The Mayor calls the meeting to order at 7:15 pm.

C.

Report Out of Closed Meeting

A closed meeting of Council was held at 4:00 pm in accordance with and as permitted with Section 239 (2) (c)(d)(h)  of the Municipal Act, 2001, which states that a meeting or part of a meeting may be closed to the public if the subject matter relates to :

c) discussions concerning a proposed or pending acquisition or disposition of land by the municipality or local board;

d) labour relations and employee negotiations;

h) discussions concerning information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them.

At this meeting Council received and provided direction regarding proposed acquisitions of land and information  explicitly supplied in confidence to the municipality by Canada, a province or territory or a Crown agency; and also received information and provided direction on a labour relations and employee matters.

D.

Moment of Silence

The Members of Council and Administration observe a moment of silence.

E.

National Anthem

The Members of Council and Administration observe the National Anthem of O Canada.

F.

Land Acknowledgement

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.

G.

Disclosure of Pecuniary Interest

There is no pecuniary interest declared by a Member of Council.

H.

Minutes

1.

Regular Council Meeting - November 28, 2023

• Motion: RCM - 322/21
  Moved by Councillor Alicia Higgison
  Seconded by Councillor Rick Tonial

  That the November 28, 2023 minutes of the Regular Council Meeting, as were duplicated and delivered to the members, be adopted.

  Carried

I.

Supplementary Agenda Adoption

There are no supplementary agenda items.

J.

Consent Agenda Items

1.

CRS-2023-22 Friendship Agreement – Can-Am Indian Friendship Centre and Town of Tecumseh

2.

CRS-2023-02 Lease Renewal Agreement Powertech Hockey Group

3.

LCS-2023-09 Tecumseh Multi-Year Accessibility Plan

• Motion: RCM - 323/23
  Moved by Councillor Rick Tonial
  Seconded by Deputy Mayor Joe Bachetti

  That Reports CRS-2023-22 Friendship Agreement - Can-AM Indian Friendship Centre and Town of Tecumseh, CRS-2023-02 Lease Renewal Agreement Powertech Hockey Group and LCS-2023-09 Tecumseh Multi-Year Accessibility Plan as listed under the Consent Agenda be received and approved.

  Carried

K.

Delegations

1.

Local Government Week Contest Winners

1st Place Essay Contest Winner – Dawson Smith

2nd Place Essay Contest Winner – Peyton Santarossa

2nd Place Spring Essay Contest Winner – Brock Donais

Acrostic Poem Contest Winner – Khloe Abbott

The local government week contest winners read their submissions to the Members of Council.  Council expressed gratitude to the students for their work. The contest winners received a Town prize packages and the first and second place winners also have an opportunity to be Mayor or Deputy Mayor for a day.

2.

Council Compensation Review

Re: Marianne Love, ML Consulting

Marianne Love, ML Consulting, presents the PowerPoint entitled "Town of Tecumseh 2023 Compensation Review for Elected Officials as appended on the agenda and respond to questions from the Members.

a.

CAO-PC-2023-08 Council Compensation Review

• Motion: RCM - 324/23
  Moved by Councillor Alicia Higgison
  Seconded by Councillor Brian Houston

  That a the resolution be revised with the wording "conduct regular market reviews for Council compensation with the aligning with the incoming new Council term of office, be accepted.

  Lost
• Motion: RCM - 325/23
  Moved by Councillor Brian Houston
  Seconded by Councillor Rick Tonial

  That Report CAO-PC-2023-08 entitled “Council Renumeration Review - Final Report” be received;

  And that Council approves the following recommendations made by Marianne Love (ML Consulting);

  • Implement a base pay adjustment to the Mayor salary from $47,258 to $59,496 effective January 1, 2024;
  • Maintain the current base pay rates for Deputy Mayor ($35,509) and Councillor ($28,137) positions going into 2024;
  • Adjust the annual base pay for all elected official positions annually by the full (100%) amount used to adjust the Non-Bargaining Unit employee salary grid; and
  • Conduct regular market reviews for Council compensation aligning with new Council terms of office.

  And further that By-Law No. 2006-84 and its Schedule “A” be amended to reflect the revised process as detailed in Report CAO-PC-2023-03 Council Renumeration Review and final recommendations outlined in the Report CAO-PC-2023-08 Council Renumeration Review - Final Report.

  Carried

L.

Communications

1.

For Information:

a.

ENWIN Utilities and Windsor Utilities Commission dated November 27, 2023

Re: Notice of Study Commencement for a New Elevated Water Tower 

b.

Windsor Essex County Health Unit dated November 23, 2023

Re: Mosquito Surveillance Program

c.

Town of Plympton - Wyoming dated December 1, 2023

Re Support to Revoke Strong Mayors Powers and Increase in the Leave to Construct Threshold

d.

City of Sudbury dated December 6, 2023

Re: Amendments to the Occupational Health and Safety Act

 

• Motion: RCM - 326/23
  Moved by Councillor Tania Jobin
  Seconded by Councillor Brian Houston

  That Communications - For Information A through D  as listed on the Tuesday, December 12, 2023 Regular Council Agenda, be received.

  Carried

2.

For Action:

There are no Communications for Actions items presented to Council.

M.

Update from County Council and Boards

Essex County Council

The Mayor advises at the Essex County Council meeting held of December 6, 2023, Essex Region Conservation Authority  presented the Lake St. Clair and Lake Erie Coastal Resilience Plans and Natural Resources Canada funding opportunity. The Deputy Mayor advises on the commencement of expropriation on County Road 43.

• Motion: RCM - 327/23
  Moved by Councillor Brian Houston
  Seconded by Deputy Mayor Joe Bachetti

  That the verbal report regarding Essex County Council updates be received.

  Carried

N.

Committee Minutes

1.

Policies and Priorities Committee Meeting - November 28, 2023

• Motion: RCM - 328/23
  Moved by Councillor Tania Jobin
  Seconded by Councillor Alicia Higgison

  That the Tuesday, November 28, 2023 minutes of the Policies & Priorities Committee as were duplicated and delivered to the members, be adopted;

  And that the attached Policies & Priorities Committee Terms of Reference, and the Health and Safety Policy No. 7, be approved.

   

  Carried

2.

Police Services Board - November 6, 2023

• Motion: RCM - 329/23
  Moved by Councillor Alicia Higgison
  Seconded by Councillor Rick Tonial

  That the November 6, 2023 minutes of the Police Services Board as were duplicated and delivered to the members, be accepted.

  Carried

3.

Tecumseh Accessibility Advisory Committee - October 27, 2023

• Motion: RCM - 330/23
  Moved by Councillor Brian Houston
  Seconded by Councillor Alicia Higgison

  That the October 27, 2023 minutes of the Tecumseh Accessibility Advisory Committee as were duplicated and delivered to the members, be adopted.

  Carried

O.

Reports

1.

Chief Administrative Officer - People & Culture

a.

CAO-2023-08 Amendments to ERCA Non-Mandatory Cost Apportioning Agreement

• Motion: RCM - 331/23
  Moved by Councillor Rick Tonial
  Seconded by Councillor Brian Houston

  That Report No. CAO-2023-08 Amendments to ERCA Non-Mandatory Cost Apportioning Agreement be received;

  And that direction be given to Administration to evaluate the ERCA Land Acquisition Program and review alternatives for ecological stewardship initiatives in 2024 with a report out to Council prior to deliberations for the 2025 operating budget;

  And further that By-law No. 2023-118, being a by-law to amend By-law No. 2023-111, to authorize the execution of a revised Cost Apportioning Agreement between the Corporation of the Town of Tecumseh and Essex Region Conservation Authority for a reduced funding contribution for non-mandatory ERCA programs and services as provided in Report CAO-2023-08 be given consideration for first, second, third and final reading.

  Carried

2.

Development Services

a.

DS-2023-24 One Year Extension of Transit Delivery and Maintenance Services Agreement with First Canada ULC

• Motion: RCM - 332/23
  Moved by Councillor Brian Houston
  Seconded by Councillor Rick Tonial

  That Report DS-2023-24 entitled “Tecumseh Transit Service (TTS) One-Year Extension of Transit Delivery and Maintenance Services Agreement with First Canada ULC” be received;

  And that Administration be authorized to undertake the Request for Proposals process to select a Transit Delivery and Maintenance Service provider in coordination with the delivery of the electric transit buses in 2024 and report back to Council with the outcome;

  And further that By-Law 2023-120 authorizing the execution of an Amending Agreement to the existing Transit Delivery and Maintenance Services Agreement between the Town of Tecumseh and First Canada ULC, which facilitates a one-year extension to the existing contract for the period January 1, 2024 to December 31, 2024, in accordance with DS-2023-24, be considered for first, second and third and final reading.

  Carried

3.

Financial Services

a.

FS-2023-10 Administrative Fees and Charges for 2024

• Motion: RCM - 333/23
  Moved by Deputy Mayor Joe Bachetti
  Seconded by Councillor Alicia Higgison

  That By-law No. 2023-115 being a by-law prescribing a tariff of administrative fees and charges for 2024 be considered for first, second third and final readings.
  

  And that By-law No. 2023-119 being a by-law to amend Schedule 3 “Permit Fee Rates” of By-law 2023-37, the Tecumseh Building By-law, be considered for first, second third and final readings.
  

  Carried

P.

By-Laws

1.

By-Law 2023-108 Tender Award - BT Engineering

Being a by-law to authorize the execution of an Agreement between the Corporation of the Town of Tecumseh and BT Engineering Inc for the Engineering Services for the Municipal Class Environmental Assessment County Road 46 for the 8^th and 9^th Concession

2.

By-Law 2023-110 Noise By-Law

Being a by-law to prohibit and regulate noise in the Town of Tecumseh

3.

By-Law 2023-115 Administrative Fees and Charges for 2024

Being a By-law to prescribe a tariff of administrative fees and charges for the Town of Tecumseh for 2024

4.

By-Law 2023-116 Amend By-Law 2006-84 Council Remuneration

A By-Law to amend By-Law 2006-84 being a by-law to provide for the remuneration of Members of Council for The Corporation of the Town of Tecumseh

5.

By-Law 2023-117 Friendship Agreement - Can AM Indian Friendship Centre

Being a by-law to execute an Friendship Agreement between The Corporation of the Town of Tecumseh and the Can-Am Indian Friendship Centre to achieve a greater impact in improving the lives of urban Indigenous People in Tecumseh

6.

By-Law 2023-118 Amend By-Law 2023-111 ERCA Cost Apportioning Agreement

Being a By-Law to amend By-Law 2023-111 being a By-Law to authorize the execution of an Cost Apportioning Agreement between the Corporation of the Town of Tecumseh and Essex Region Conservation Authority for a funding contribution for non-mandatory ERCA programs and services

7.

By-Law 2023-119 Amend By-Law 2023-037 Building By-Law Schedule 3 Permit Fees

Being a By-Law to amend By-Law 2023-111 being a By-Law to authorize the execution of an Cost Apportioning Agreement between the Corporation of the Town of Tecumseh and Essex Region Conservation Authority for a funding contribution for non-mandatory ERCA programs and services

8.

By-Law 2023-120 Tecumseh Transit Extension Agreement

Being a by-law to authorize the execution of an amendment to the Agreement between The Corporation of the Town of Tecumseh and First Canada ULC for transit delivery and maintenance services

9.

By-Law 2023-028 Sullivan Creek Drain - Third and Final Readings

Being a by-law to provide for the repair and improvements to the Sullivan Creek Drain

10.

By-Law 2023-063 East Townline Drain - Third and Final Readings

Being a by-law to provide for the repair and improvements to the East Townline Drain (Lower Portion Improvements)

• Motion: RCM - 334/23
  Moved by Councillor Brian Houston
  Seconded by Councillor Alicia Higgison

  ​That By-Law 2023-108 being a by-law to authorize the execution of an Agreement between the Corporation of the Town of Tecumseh and BT Engineering Inc for the Engineering Services for the Municipal Class Environmental Assessment County Road 46 for the 8^th and 9^th Concession;

  That By-Law 2023-110 being a by-law to prohibit and regulate noise in the Town of Tecumseh;

  That By-Law 2023-115 being a By-law to prescribe a tariff of administrative fees and charges for the Town of Tecumseh for 2024:

  That By-Law 116 being a By-Law to amend By-Law 2006-84 being a by-law to provide for the remuneration of Members of Council for The Corporation of the Town of Tecumseh;

  That By-Law 2023-117 being a by-law to execute an Friendship Agreement between The Corporation of the Town of Tecumseh and the Can-Am Indian Friendship Centre to achieve a greater impact in improving the lives of urban Indigenous People in Tecumseh;

  That By-Law 2023-118 being a By-Law to amend By-Law 2023-111 being a By-Law to authorize the execution of an Cost Apportioning Agreement between the Corporation of the Town of Tecumseh and Essex Region Conservation Authority for a funding contribution for non-mandatory ERCA programs and services;

  That By-Law 2023-119 being a by-law to amend By-law 2023-037, being a by-law respecting the issuance of various permits and performing of inspectors for construction, demolition, change of use permits, and related matters;

  That By-Law 2023-120 being a by-law to authorize the execution of an amendment to the Agreement between The Corporation of the Town of Tecumseh and First Canada ULC for transit delivery and maintenance services.

  Be given first and second reading.
  Carried
• Motion: RCM - 335/23
  Moved by Councillor Rick Tonial
  Seconded by Councillor Brian Houston

  ​

  That By-Law 2023-108 being a by-law to authorize the execution of an Agreement between the Corporation of the Town of Tecumseh and BT Engineering Inc for the Engineering Services for the Municipal Class Environmental Assessment County Road 46 for the 8^th and 9^th Concession;

  That By-Law 2023-110 being a by-law to prohibit and regulate noise in the Town of Tecumseh;

  That By-Law 2023-115 being a By-law to prescribe a tariff of administrative fees and charges for the Town of Tecumseh for 2024:

  That By-Law 116 being a By-Law to amend By-Law 2006-84 being a by-law to provide for the remuneration of Members of Council for The Corporation of the Town of Tecumseh;

  That By-Law 2023-117 being a by-law to execute an Friendship Agreement between The Corporation of the Town of Tecumseh and the Can-Am Indian Friendship Centre to achieve a greater impact in improving the lives of urban Indigenous People in Tecumseh;

  That By-Law 2023-118 being a By-Law to amend By-Law 2023-111 being a By-Law to authorize the execution of an Cost Apportioning Agreement between the Corporation of the Town of Tecumseh and Essex Region Conservation Authority for a funding contribution for non-mandatory ERCA programs and services;

  That By-Law 2023-119 being a by-law to amend By-law 2023-037, being a by-law respecting the issuance of various permits and performing of inspectors for construction, demolition, change of use permits, and related matters;

  That By-Law 2023-120 being a by-law to authorize the execution of an amendment to the Agreement between The Corporation of the Town of Tecumseh and First Canada ULC for transit delivery and maintenance services;

  That By-law 2023-028 being a by-law to provide for the repair and improvements to the Sullivan Creek Drain;

  That By-Law 2023-063 being a by-law to provide for the repair and improvements to the East Townline Drain (Lower Portion Improvements).

  Be given third and final reading.

  Carried

Q.

Unfinished Business

1.

December 12, 2023

​The Members receive the Unfinished Business listing for Tuesday, December 12, 2023.

R.

New Business

There are no New Business items presented to Council.

S.

Motions

1.

Confirmatory By-Law 2023-121

• Motion: RCM - 336/23
  Moved by Deputy Mayor Joe Bachetti
  Seconded by Councillor Alicia Higgison

  That By-Law 2023-121 being a by-law to confirm the proceedings of the Tuesday, December 12, 2023, regular meeting of the Council of The Corporation of the Town of Tecumseh be given first, second, third and final reading.

  Carried

T.

Notices of Motion

There are no Notices of Motion presented to Council.

U.

Next Meeting

Tuesday January 16, 2024

4:00 pm Special Council Meeting - 2024 Business Plan and Budget

Wednesday January 17, 2024

4:00 pm Special Council Meeting - Alternate Meeting for Budget Deliberations

Tuesday, January 23, 2024

7:00 pm Regular Council Meeting

V.

Adjournment

• Motion: RCM - 337/23
  Moved by Councillor Rick Tonial
  Seconded by Deputy Mayor Joe Bachetti

  ​That there being no further business, the Tuesday, December 12, 2023 meeting of the Regular Council be adjourned at 9:02 pm.

  Carried