Regular Meeting of Council

Minutes

Meeting #:

Date:

Tuesday, September 10, 2024

Time:

7:00 P.m. - 10:00 P.m.

Location:

Tecumseh Town Hall - Council Chambers

917 Lesperance Road

Tecumseh, Ontario N8N 1W9

Present:

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

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 Financial Services & Chief Financial Officer, Tom Kitsos
• Deputy Clerk & Manager Legislative Services, Jennifer Alexander
• Manager Planning Services & Local Economic Development, Chad Jeffery

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A.

Roll Call

B.

Order

The Mayor calls the meeting to order at 7:00 pm.

C.

Report Out of Closed Meeting

A closed meeting of Council was held at 6:00 pm in accordance with and as permitted with Section 239 (2) (c) and (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;

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 information explicitly supplied in confidence and provided further direction to negotiate concerning proposed acquisitions of land.

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 - August 13, 2024

2.

Public Council Meeting - August 13, 2024, AMICO Excess Soil Site 

3.

Special Council Meeting - August 13, 2024 - Tecumseh Hamlet Secondary Plan 

• Motion: RCM - 202/24
  Moved by Councillor Alicia Higgison
  Seconded by Councillor Tania Jobin

  That the August 13, 2024 minutes of the Regular Council Meeting, Public Council Meeting and the Special Council Meeting, as were delivered to the members, be adopted.

  Carried

I.

Supplementary Agenda Adoption

• Motion: RCM - 203/24
  Moved by Councillor Tania Jobin
  Seconded by Councillor Alicia Higgison

  That the supplementary items added to the Regular Meeting agenda regarding the 2025 Pre Budget Council Consultation presentation and Report DS-2024-31 Zoning By-Law Amendment, Petretta MRSPA Lands, Scheduling of a Public Meeting, be approved

  Carried

J.

Consent Agenda Items

There are no consent items presented to Council.

K.

Delegations

1.

Town of Tecumseh Business Improvement Area  2024 Operating Budget

Re: Leo Demarce, BIA Board of Management Chair 

Mr. Leo Demarce, BIA Board of Management, Chair in a verbal report outlines the Strategic Plan and the 2024 operating budget for the BIA. He adds there is alot of excitement with the BIA and continuing the plans for business community. The Mayor opens the floor to questions from the Members.

A Member, who is a Council Liaison for the BIA Board, advises the Members that the 2024 operating budget is status quo from the 2023 operating budget.  Since the BIA Chair provided a verbal report on the 2024 operating budget, Council members requested the BIA Board return with further financial information to present to Council at the next Regular Council Meeting.  

• Motion: RCM - 204/24
  Moved by Councillor Brian Houston
  Seconded by Councillor Rick Tonial

  That the verbal report presented from the Chair of the BIA Board of Management regarding the BIA 2024 Operating Budget be received.

  Carried

2.

2025 Pre Budget Council Consultation

Re: Tom Kitsos, Director Financial Services and Vanessa DaDalt, Manager Revenue Services 

Supplementary Item

The Director Financial Services & Chief Financial Officer presents the PowerPoint presentation as appended on the agenda.  He outlines budget development approach and timelines along with internal processes to draft the proposed 2025 budget which will be presented to Council on December 10, 2024, Regular Council Meeting.  The drivers and pressures of the operating budget are outlined.

The Mayor opens the floor to questions.

In response to an inquiry on Federal and Provincial grants, the Director advises on the benefits to receiving such funding as it relates to various Town initiatives.

• Motion: RCM - 205/24
  Moved by Councillor Brian Houston
  Seconded by Councillor Rick Tonial

  That the 2025 Pre Budget Council Consultation presentation and the Report DS-2024-31 as appended on the agenda be received. 

  Carried

L.

Communications

1.

For Information:

a.

Ministry of Municipal Affairs and Housing dated August 21, 2024

Re: Provincial Planning Statement - View here

b.

Town of Essex dated August 19, 2024

Re: Bill 173, Intimate Partner Violence Epidemic Act, 2024

• Motion: RCM - 206/24
  Moved by Councillor Alicia Higgison
  Seconded by Councillor Brian Houston

  That Communications - For Information 1 and 2 as listed on the Tuesday, September 10, 2024 Regular Council Agenda, be received.

  Carried

2.

For Action:

There are no action items.

M.

Update from County Council and Boards

Essex County Council 

Members advised on the following items from the County Council meeting held on September 4, 2024: a delegation from the Western Ontario Warden's Caucus highlighting their key priorities for 2024-2025; County Council received a Administrative report from the Public Works Department on the Roadway Expansion Plan Funding Model and how to generate the revenue at the County; and a public meeting was held for for public consultation on the County's Official Plan.  The County Council meeting can be viewed here for more information. 

N.

Committee Minutes

1.

Personnel Committee Meeting - August 13, 2024

• Motion: RCM - 207/24
  Moved by Councillor Tania Jobin
  Seconded by Councillor Alicia Higgison

  That the Tuesday, August 13, 2024 minutes of the Personnel Committee as were delivered to the Members, be adopted;

  And that the attached revised and new policies be adopted: Progressive Discipline Policy No. 64, Employee Code of Conduct and Ethics Policy No. 133, Conflict of Interest Policy No. 132;

  And further that Council delegate authority to the Director People & Culture and the Chief Administrative Officer to regularly review and if necessary and if applicable, revise the Employee Code of Conduct with any significant amendments to be reported to Council for information.   

  Carried

O.

Reports

1.

Development Services

a.

DS-2024-29 AMICO Soil Fill Site Zoning By-Law Amendment and Memorandum of Understanding

• Motion: RCM - 208/24
  Moved by Councillor Brian Houston
  Seconded by Councillor Alicia Higgison

  That Report DS-2024-29 entitled “Memorandum of Understanding and Zoning By-Law Amendment: Proposed Excess Soil Fill Site and Future Passive Municipal Recreational Area - Northeast of South Talbot Road and Howard Ave. Intersection, Results of Public Meeting and Final Recommendations”, be received;

  And that a by-law authorizing the execution of the Amico Infrastructure Inc. Memorandum of Understanding, dated July 5, 2024, satisfactory in form to the Town’s Solicitor, which provides terms and conditions regarding Amico Infrastructure Inc.’s proposal to permit its 15 hectare (37 acre) property located on the north side of South Talbot Road, immediately east of its intersection with Howard Avenue to be used as a temporary reuse site in accordance with Ontario Regulation 406/19: Onsite and Excess Soil Management, and long-term to be used for a naturalized, passive municipal recreational property, be adopted;

  And further that a by-law having the effect of amending Zoning By-law 85-18 by rezoning a 15 hectare (37 acre) parcel of land located on the north side of South Talbot Road, immediately east of its intersection with Howard Avenue, from “Agricultural Zone (A)” to a site-specific “Agricultural Zone (A-42)” to permit the use of the property as a temporary excess soil reuse site in accordance with Ontario Regulation 406/19: Onsite and Excess Soil Management, and long-term to be used for a naturalized, passive municipal recreational property, in keeping with DS-2024-29, be given first and second readings;

  And furthermore that a new site plan control by-law that will:

  1. designate the entirety of the Town of Tecumseh as a site plan control area, in accordance with Section 41 of the Planning Act and subsection 10.4.1 of the

     Tecumseh Official Plan;

  2. add excess soil reuse sites in accordance with Ontario Regulation 406/19: Onsite and Excess Soil Management, as amended, as a land use subject to site plan control; and
  3. repeal the current Town-Wide Site Plan Control Designating By-law, being By-law Number 2022-103,

  be adopted.

  Carried

b.

DS-2024-30 Tecumseh Transit Service 6-month Statistical Review and Extension of Service Contract

• Motion: RCM - 209/24
  Moved by Councillor Brian Houston
  Seconded by Councillor Rick Tonial

  That Report DS-2024-30 - Tecumseh Transit Service (TTS) January to June 2024 Status Report and One-Year Extension of Transit Delivery and Maintenance Services Agreement with First Canada ULC; be received;

  And that the negotiation 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, 2025 to December 31, 2025, consideration of which would be brought forward by way of a future report to Council, be authorized.

  Carried

c.

DS-2024-31 Zoning By-Law Amendment, Petretta MRSPA Lands, Scheduling of a Public Meeting

Supplementary Item

• Motion: RCM - 210/24
  Moved by Councillor Rick Tonial
  Seconded by Councillor Alicia Higgison

  That Report DS-2024-41 entitled “Zoning By-law Amendment: Petretta Residential Proposal, Northerly Portion of Manning Road Secondary Plan Area, Scheduling of a Public Meeting” be received;

  And that the scheduling of a public meeting, to be held on Tuesday, October 8, 2024 at 5:30 p.m., in accordance with the Planning Act for a zoning by-law amendment application submitted for an approximate 9.5 hectare (23.5 acre) portion of a 10.2 hectare (25.4 acre) parcel of land located on south of County Road 22, east of Lesperance Road which is within the Manning Road Secondary Plan Area, seeking to amend Zoning By-law 85-18 by rezoning the subject portion of property from “Agricultural Zone (A-33)” to a site-specific “Holding - Residential Zone 2 (H) R2-7” to permit the future construction of a 332 unit residential development consisting of two 4-6 storey apartment buildings, each containing 166 units, be authorized.

  Carried

2.

Financial Services

a.

FS-2024-16 Budget Variance June 2024

• Motion: RCM - 211/24
  Moved by Councillor Brian Houston
  Seconded by Councillor Tania Jobin

  That Report FS-2024-16 Budget Variance Report – June 2024, showing a projected tax-supported surplus of $71,337 and a rate-supported deficit of $533,622 be received.

  Carried

3.

Public Works & Engineering Services

a.

PWES-2024-47 2024 Vehicles - Award of John Deere 320p Backhoe

• Motion: RCM - 212/24
  Moved by Deputy Mayor Joe Bachetti
  Seconded by Councillor Brian Houston

  That report PWES-2024-47, 2024 Vehicles – Award of John Deere 320p Backhoe, be received;

  And that the purchase of the John Deere 320p Backhoe in the amount of $200,550 plus HST be awarded to Brandt Tractor Ltd.;

  And further that the funding allocation, reflecting a total budget requirement of $207,110 with a $29,030 increase to the original allocation be approved and accommodated as:

  • Fleet Lifecycle Reserve – Increase from $175,000 to $207,110
  Carried

b.

PWES-2024-48 Housing Enabling Water Systems Fund (HEWSF) Tecumseh Hamlet Trunk Water and Wastewater Infrastructure Project

• Motion: RCM - 213/24
  Moved by Deputy Mayor Joe Bachetti
  Seconded by Councillor Brian Houston

  That report PWES-2024-48, Housing-Enabling Water Systems Fund (HEWSF) Tecumseh Hamlet Northwest Trunk Water and Wastewater Infrastructure Project, Contribution Agreement, be received;

  And that the Tecumseh Hamlet Northwest Trunk Water and Wastewater Infrastructure Project be approved with funding allocations reflecting a total project budget of $20,714,625, with a $4,142,925 increase to the original allocation as follows:

  • Watermain Reserve Fund – increase from $2,054,300 to $2,567,875
  • Wastewater Sewers Reserve Fund – increase from $14,517,400 to $18,146,750

  And further that a by-law be prepared to authorize the Mayor and Clerk to sign the Contribution Agreement for the Tecumseh Hamlet Northwest Trunk Water and Wastewater Infrastructure Project between His Majesty the King in right of Canada, as represented by the Ministry of Infrastructure (“Province”) and The Corporation of the Town of Tecumseh (“Town”), in a form satisfactory to the Town’s Solicitor, financial content satisfactory to the Town’s Chief Financial Officer and technical content satisfactory to the Town’s Engineer.

  Carried

P.

By-Laws

1.

By-Law 2024-074 AMICO Fill Site Zoning By-law Amendment (First and Second Readings Only)

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 AMICO - Excess Soil Fill Site & Future Passive Municipal Recreational Area - Northeast Corner of South Talbot Road / Howard Ave. Intersection)

2.

By-Law 2024-075 New Site Plan Control By-Law

Being a By-Law to designate as a site plan control area, the entire area covered by the Town of Tecumseh Official Plan.

3.

By-Law 2024-076 AMICO Memorandum of Understanding Agreement

Being a by-law to authorize the execution of an Agreement with Amico Infrastructures and the Town for the Temporary Reuse Site and Permanent Naturalized Municipal Park

• Motion: RCM - 214/24
  Moved by Councillor Alicia Higgison
  Seconded by Councillor Rick Tonial

  ​That By-Law 2024-074 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. Excess Soil Fill Site & Future Passive Municipal Recreational Area - Northeast Corner of South Talbot Road / Howard Ave Intersection;

  That By-Law 2024-075 being a By-Law to designate as a site plan control area, the entire area covered by the Town of Tecumseh Official Plan.

  That By-Law 2024-076 being a by-law to authorize the execution of an Agreement with Amico Infrastructures and the Town for the Temporary Reuse Site and Permanent Naturalized Municipal Park.

  Be given first and second reading.
  Carried
• Motion: RCM - 215/24
  Moved by Councillor Rick Tonial
  Seconded by Councillor James Dorner

  ​That By-Law 2024-075 being a By-Law to designate as a site plan control area, the entire area covered by the Town of Tecumseh Official Plan.

  That By-Law 2024-076 being a by-law to authorize the execution of an Agreement with Amico Infrastructures and the Town for the Temporary Reuse Site and Permanent Naturalized Municipal Park.

  Be given third and final reading.

  Carried

Q.

Unfinished Business

1.

September 10, 2024

​The Members receive the Unfinished Business listing for Tuesday, September 10, 2024.

R.

New Business

Traffic on Lesperance Road

A Member raised concern with the traffic backing up on E.C. Row with motorists turning right onto Lesperance Road and then turning left into the Tecumseh Towne Centre Plaza.  This traffic in this area is problematic and wanted to make Administration aware if this issue when redesigning this intersection and traffic patterns.

Pedestrian Crossings - County Road 19, 22 and Lesperance 

A Member requested that Administration contact the County of Essex to review the pedestrian crossing timing at County Road 19, County Road 22 and Lesperance as there is not enough time to walk across the road.  

Tecumseh Housing Advisory Panel 

A Member raised that the Panel has held their first meeting.  Councillor Higgison was nominated as chair and the Mayor is vice chair.  The Panel discussed scope, timing of meetings, and some key housing issues.  

Corn Festival 

A Member expressed gratitude to the Parks staff for their assistance with the Corn Festival and the St. Clair Beach Optimist Club for organizing a great event.

Baseball Canada's 2024 Men's National Championship

A Member congratulated Parks staff and community volunteers for their efforts to get the Lacasse Park ready for play for the Tecumseh Thunder to host the Men's National Championship in August.

Speed Reduction at County Roads 46 & 19 Intersection

A Member raised that a request for a speed reduction at County Roads 46 and 19 from 80 km.hr to 60 km/hr was raised in 2023 to the County of Essex County Council which Tecumseh Council supported.  She adds that the Deputy Mayor has a notice of motion on the next County Council meeting to readdress this issue and requested that a letter of Tecumseh Council support for this motion be sent to the County.

• Motion: RCM - 216/24
  Moved by Councillor Tania Jobin
  Seconded by Deputy Mayor Joe Bachetti

  That the County of Essex reconsider the Town of Tecumseh's and the Municipality of Lakeshore's request to amend the speed limit on County Road 46 from 80 km/hr to 60 km/hr, from County Road 46 at the intersection of County Road 19 (Manning Road);

  And further that this Motion be sent to the Clerk for the County of Essex requesting they be placed on the next regular meeting of County Council’s Agenda for reconsideration.

   

   

  Carried

S.

Motions

1.

Confirmatory By-Law 2024-077 

• Motion: RCM - 217/24
  Moved by Councillor Brian Houston
  Seconded by Councillor James Dorner

  That By-Law 2024-077 being a by-law to confirm the proceedings of the Tuesday, September 10, 2024, 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 September 24, 2024 

5:30 pm Public Council Meeting - Tecumseh Hamlet Secondary Plan

7:00 pm Regular Council Meeting 

V.

Adjournment

• Motion: RCM - 218/24
  Moved by Councillor Rick Tonial
  Seconded by Councillor Alicia Higgison

  ​That there being no further business, the Tuesday, September 10, 2024 meeting of the Regular Council be adjourned at 9:20 pm.

  Carried