Regular Meeting of Council

Minutes

Meeting #:
Date:	Tuesday, February 22, 2022
Time:	7:00 P.m. - 10:00 P.m.
Location:	Electronic meeting live streamed at: https://video.isilive.ca/tecumseh/live.html.

Present:

• Mayor, Gary McNamara
• Deputy Mayor, Joe Bachetti
• Councillor, Bill Altenhof
• Councillor, Andrew Dowie
• Councillor, Brian Houston
• Councillor, Rick Tonial

Absent:

• Councillor, Tania Jobin

Also Present:

• Chief Administrative Officer, Margaret Misek-Evans
• Director Community & Recreation Services, Paul Anthony
• Director Public Works & Engineering Services, Phil Bartnik
• Director Community Safety & Fire Chief, Wade Bondy
• Director People & Culture, Michelle Bonnici
• Director Technology & Client Services, Shaun Fuerth
• Director Development Services, Brian Hillman
• Director Financial Services & Chief Financial Officer, Tom Kitsos
• Director Legislative Services & Clerk, Laura Moy
• Deputy Clerk & Manager Legislative Services, Jennifer Alexander
• Manager Water Services, Brad Dupuis
• Manager Planning Services & Local Economic Development, Chad Jeffery
• Water Quality Compliance/Water Employee, Nicole Bradley
• Manager Special Projects, Kerri Rice

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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

There was no closed meeting.

D.

Moment of Silence

The Moment of Silence is waived in light of the electronic holding of this meeting.

E.

National Anthem

The National Anthem is waived in light of the electronic holding of this meeting.

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 - February 8, 2022

2.

Public Council Meeting - February 8, 2022 - Antaya Drain

3.

Special Council Meeting - Oldcastle Stormwater Master Plan

• Motion: RCM - 46/22
  Moved by Councillor Rick Tonial
  Seconded by Councillor Brian Houston

  That the February 8, 2022 minutes of the Regular Council meeting, the February 8, 2022 minutes of the Public Council meeting and the February 8, 2022 minutes of the Special Council Meeting, as were duplicated and delivered to the members, be adopted.

  Carried

I.

Supplementary Agenda Adoption

• Motion: RCM - 47/22
  Moved by Deputy Mayor Joe Bachetti
  Seconded by Councillor Bill Altenhof

  That the supplementary items added to the Regular Meeting agenda regarding By-law 2022-007 on the Guidelines for Temporary Patio and Patio Expansions and delegate authority for inspection of Temporary Patio and Patio Expansions for 2022; and By-Law 2022-008 regarding funding under the Municipal Modernization Fund – Intake 3 - Corporate Records and Information Management Service Review, be approved.

  Carried

J.

Delegations

There are no Delegations presented to Council.

K.

Communications - For Information

1.

Town of Bracebridge dated February 9, 2022

Re: Joint and Several Liability Reform

2.

Township of South Glengarry dated February 7, 2022

Re: Joint and Several Liability 

3.

Municipality of Central Elgin dated January 25, 2022

Re: Joint and Several Liability

4.

Township of South Glengarry dated February 7, 2022

Re: Municipal requirements to take over and maintain abandoned operating cemeteries

5.

Township of Perth South dated February 9, 2022

Re: Support for City of Sarnia resolution on Catch and Release Justice

6.

Township of Adelaide Metcalfe dated February 15, 2022

Re: Support for the City of Brantford's resolution on Closing the Revolving Door of Justice 

7.

Township of Front of Yonge dated February 14, 2022

Re: Dissolving the Ontario Land Tribunal

8.

Town of Halton Hills dated February 9, 2022

Re: Dissolve Ontario Land Tribunal

9.

City of Sarnia dated February 15, 2022

Re: Dissolve Ontario Land Tribunal

10.

Municipality of Shuniah dated February 8, 2022

Re: Northwestern Ontario Municipal Association resolution for expansion of the Northern Ontario School of Medicine

11.

Township of Clearview dated February 9, 2022

Re: Funding Support for Infrastructure Projects Bridge/Culvert Replacements

12.

Township of Puslinch dated February 16, 2022

Re: Funding Support for Infrastructure Projects - Bridge/Culvert Replacements in Rural Municipalities 

13.

Township of Limerick dated January 19, 2022

Re: Gypsy Moth Spraying

14.

Town of Tecumseh dated February 14, 2022

Re: Feedback to the Ministry of Municipal Affairs and Housing on Increasing Housing Affordability in Ontario 

The Mayor asks if the Town's Arborist look into has any means of protecting the Town's trees from the gypsy moth.

• Motion: RCM - 48/22
  Moved by Councillor Brian Houston
  Seconded by Councillor Bill Altenhof

  That Communications - For Information 1 through 14 as listed on the Tuesday, February 22, 2022 Regular Council Agenda, be received.

  Carried

L.

Communications - Action Required

There are no Communications- Action Required items presented to Council.

M.

Committee Minutes

1.

Tecumseh Accessibility Advisory Committee - February 10, 2022

• Motion: RCM - 49/22
  Moved by Councillor Brian Houston
  Seconded by Councillor Rick Tonial

  That the February 10, 2022 minutes of the Tecumseh Accessibility Advisory Committee , as were duplicated and delivered to the members, be accepted.

  Carried

N.

Reports

1.

Chief Administrative Officer - People & Culture

a.

CAO-2022-03 Tecumseh 100th Anniversary Celebration Update

• Motion: RCM - 50/22
  Moved by Councillor Bill Altenhof
  Seconded by Councillor Brian Houston

  That Report CAO-2022-03 regarding the Tecumseh 100th Anniversary Celebration Update, be received.

  Carried

b.

CAO-PC-2022-02 Non-Union and Council Economic Salary Adjustment 2022

• Motion: RCM - 51/22
  Moved by Councillor Brian Houston
  Seconded by Councillor Andrew Dowie

  That Report CAO-PC-2022-02 entitled “Non-Union and Council Economic Adjustment for 2022,” be received;

  And that an annual economic adjustment for 2022 of 2.0% be approved, effective January 1, 2022, for the Management and Non-union Administrative Staff Wage Grid, in accordance with Compensation and Salary Administration Policy No. 67 review;

  And further that an annual economic adjustment for 2022 be approved as follows, in accordance with By-Law No. 2006-84, as amended by By-law No. 2019-62, being a by-law to provide for the remuneration of Members of Council:

  Mayor 2.0%

  Deputy Mayor 0.5%

  Councillors 1.0%

  Carried

2.

Development Services

a.

DS-2022-04 Zoning By-Law Amendment - Existing Garden Suite Temporary Use - Proposed Change to Permanent Additional Residential Unit (Stand Alone) - 7035 10th Concession - Scheduling of a Public Meeting

• Motion: RCM - 52/22
  Moved by Councillor Andrew Dowie
  Seconded by Councillor Bill Altenhof

  That the scheduling of a public meeting, on March 22, 2022 at 5:00 p.m., in accordance with the Planning Act, for an application seeking to amend the Zoning By-law 85-18 by rezoning a 9.6 hectare (23.7 acre) parcel of land situated on the west side of 10^th Concession Road (7035 10^th Concession Road), approximately 600 metres north of its intersection with County Road 8, in order to permit a stand-alone Additional Residential Unit on the property, in accordance with subsection 4.1.2 xii) of the Tecumseh Official Plan, be authorized.

  Carried

b.

DS-2022-05 Zoning By-Law Amendment - Proposed Additional Residential Unit - 13554 Riverside Drive - Scheduling of a Public Meeting

• Motion: RCM - 53/22
  Moved by Councillor Brian Houston
  Seconded by Councillor Rick Tonial

  That the scheduling of a public meeting, on March 22, 2022 at 5:45 p.m., in accordance with the Planning Act, for an application seeking to amend Zoning By-law 2065 by rezoning a 0.32 hectare (0.79 acre) parcel of land situated on the north side of Riverside Drive (13554 Riverside Drive), approximately 65 metres (213 feet) east if its intersection with Christy Lane, in order to permit an Additional Residential Unit within a proposed new single-unit dwelling, in accordance with subsection 4.2.2 vii) of the Tecumseh Official Plan, be authorized.

  Carried

c.

DS-2022-06 Zoning By-Law Amendment - Proposed Additional Residential Unit (Attached) - 292 Lesperance Road - Scheduling of a Public Meeting

• Motion: RCM - 54/22
  Moved by Councillor Brian Houston
  Seconded by Councillor Bill Altenhof

  That the scheduling of a public meeting, on March 22, 2022 at 6:15 p.m., in accordance with the Planning Act, for an application seeking to amend the Zoning By-law 1746 by rezoning a 719.8 square metre (7,748 square foot) parcel of land situated on the east side of Lesperance Road (292 Lesperance Road), immediately adjacent to the Lesperance Road/Little River intersection, in order to permit an attached Additional Residential Unit within the basement of the existing single-unit dwelling on the property, in accordance with subsection 4.2.2 vii) of the Tecumseh Official Plan, be authorized.

  Carried

3.

Legislative & Clerk Services

a.

LCS-2022-03 COVID-19 Economic Recovery - Temporary Outdoor Patio for 2022

• Motion: RCM - 55/22
  Moved by Deputy Mayor Joe Bachetti
  Seconded by Councillor Rick Tonial

  That Report LCS-2022-03 entitled “COVID-19 Economic Recovery –Temporary Outdoor Patios for 2022” be received;

  And that By-Law No. 2022-007 being a by-law to adopt the Temporary Outdoor Patio Guidelines 2022 (Guidelines), as appended to Report LCS-2022-03, be approved;

  And further that the Chief Building Official be authorized to inspect all temporary patios to ensure compliance with the Guidelines;

  And furthermore that Council support extension of existing liquor licenses to December 31, 2022 for temporary patios for businesses in compliance with the Guidelines;

  And further moreover that the extension of existing liquor licenses to temporary patios on Town property be subject to an Encroachment Agreement with the Town in form and content satisfactory to the Town’s Solicitor;

  And further moreover that the Mayor and the Clerk be authorized to execute Encroachment Agreements with business owners requesting to encroach onto Town property for the purpose of establishing a Temporary Outdoor Patio.

  Carried

b.

LCS-2022-04 Municipal Modernization Fund - Intake 3 Transfer Payment Agreement - Corporate Records and Information Management Service Review

• Motion: RCM - 56/22
  Moved by Councillor Brian Houston
  Seconded by Councillor Bill Altenhof

  That LSC-2022-04 entitled “Municipal Modernization Fund Intake 3 Transfer Payment Agreement – Corporate Records and Information Management Service Review” be received;

  And that By-law No. 2022-008 being a by-law to authorize the Mayor and Clerk to execute a Transfer Payment Agreement for Municipal Modernization Funding Intake 3 to fund a third party review of the Corporate Records and Information Services for the Town, be adopted.

  Carried

c.

LCS-2022-05 Closure and Sale of Portions of Desro Drive

• Motion: RCM - 57/22
  Moved by Councillor Brian Houston
  Seconded by Councillor Rick Tonial

  That Report LCS-2022-05 entitled “Closure and Sale of Portions of Desro Drive” be received;

  And that the Clerk be authorized to provide notice in accordance with the Town’s Sale of Land By-law No. 2003-09 and Notice By-law No. 2003-06 of the intent to close as a highway that portion of Desro Drive described as Parts 1, 2, 20, 21 and 22 of Plan 12R-19278 in the Town of Tecumseh, County of Essex (Subject Lands) and to declare the lands surplus to the needs of the Town and authorizing the Subject Lands to be sold to the abutting property owners, subject to the Town retaining an easement over Parts 1, 20 and 21;

  And further that following notification, the Clerk be directed to a By-law for Council’s consideration to: authorize the closure of a portion of Desro Drive; declare the Subject Lands to be surplus to the needs of the Town; and authorize the Subject Lands to be sold to the abutting property owners, subject to a reservation of an easement over 1, 20 and 21;

  And furthermore that the cost incurred by the Town to close up and convey the Subject Lands be funded from the operating budget of Legislative Services & Clerks with costs to be recovered at the time of sale to abutting property owners.

  Carried

d.

LCS-2022-06 Closure and Sale of a Portion of Brouillette Manor

• Motion: RCM - 58/22
  Moved by Deputy Mayor Joe Bachetti
  Seconded by Councillor Brian Houston

  That Report LCS-2022-06 entitled “Closure and Sale of a Portion of Brouillette Court” be received;

  And that the Clerk be authorized to provide notice in accordance with the Town’s Sale of Land By-law No. 2003-09 and Notice By-law No. 2003-06 of the intent to close as a highway that portion of Brouillette Court described as Part 1 Plan 12R-28795 in the Town of Tecumseh, County of Essex (Subject Lands) and to declare the Subject Lands surplus to the needs of the Town and authorizing the Subject Lands to be sold to 1230839 Ontario Ltd.;

  And further that following notification, the Clerk be directed to prepare a By-law for Council’s consideration to: authorize the closure of a portion of Brouillette Court; declare the Subject Lands to be surplus to the needs of the Town; and authorize the Subject Lands to be sold to 1230839 Ontario Ltd.;

  And furthermore that the cost incurred by the Town to close up and convey the Subject Lands be assigned to 1230839 Ontario Ltd.

  Carried

e.

LCS-2022-07 Request to Purchase Portion of County Road 46 Right-of-Way

• Motion: RCM - 59/22
  Moved by Councillor Rick Tonial
  Seconded by Councillor Brian Houston

  That Report LCS-2022-07 entitled “Request to Purchase Portion of Right-of-Way abutting 4795 County Road 46” be received;

  And that Town owned lands abutting the south side of 4795 County Road 46 be retained;

  And further that the request to purchase the Town Land be declined.

  Carried

4.

Public Works & Engineering Services

a.

PWES-2022-09 Annual Reports for Year 2021 Town of Tecumseh Water Distribution System

• Motion: RCM - 60/22
  Moved by Councillor Bill Altenhof
  Seconded by Councillor Rick Tonial

  That the 2021 Ministry of the Environment, Conservation and Parks Annual Report and the Summary Report for the Town of Tecumseh Water Distribution System (260004969) for the Year 2021, as prepared in accordance with the Safe Drinking Water Act, O.Reg. 170/03, Section 11 – Annual Reports and Schedule 22 - Summary Reports, be adopted.

  And that the Annual Report and the Summary Report be made available for public viewing through the Town of Tecumseh Website.

  Carried

b.

PWES-2022-10 Regional Food and Organics and Biosolids Waste Management Project

• Motion: RCM - 61/22
  Moved by Councillor Andrew Dowie
  Seconded by Deputy Mayor Joe Bachetti

  That Report PWES-2022-10 entitled "Regional Food and Organics and Biosolids Waste Management Project" be received;

  And that Council endorse the Essex-Windsor Solid Waste Authority (EWSWA) Board resolution (Resolution 7-2022) that was adopted at its Wednesday January 12, 2022 meeting, as contained in the EWSWA Letter to the Town dated January 19, 2022;

  And further that Council approve Tecumseh’s participation in the EWSWA led regional organics program;

  And furthermore that the Clerk provide notification to the County of Essex of Tecumseh’s intention to participate in the EWSWA led regional organics program no later than March 7, 2022.

  Carried

c.

PWES-2022-12 Tecumseh Water Distribution System MECP 2021 Inspection Report

• Motion: RCM - 62/22
  Moved by Councillor Bill Altenhof
  Seconded by Councillor Rick Tonial

  That the Ministry of the Environment, Conservation and Parks Inspection Report for the Tecumseh Water Distribution System, dated February 1, 2022, be received.

  Carried

O.

By-Laws

1.

By-Law 2022-007

Being a by-law to adopt Guidelines for Temporary Patio and Patio Expansions and delegate authority for inspection of Temporary Patio and Patio Expansions for 2022

2.

By-Law 2022-008

Being a by-law to authorize the execution of an Agreement with Her Majesty the Queen in right of Ontario, as represented by the Minister of Municipal Affairs and Housing for funding under the Municipal Modernization Fund – Intake 3 - Corporate Records and Information Management Service Review

• Motion: RCM - 63/22
  Moved by Councillor Bill Altenhof
  Seconded by Councillor Brian Houston

  That By-Law 2022-007 being a by-law to adopt Guidelines for Temporary Patio and Patio Expansions and delegate authority for inspection of Temporary Patio and Patio Expansions for 2022.

  ​That By-Law 2022-008 being a by-law to authorize the execution of an Agreement with Her Majesty the Queen in right of Ontario, as represented by the Minister of Municipal Affairs and Housing for funding under the Municipal Modernization Fund – Intake 3 - Corporate Records and Information Management Service Review.

  Be given first and second reading.
  Carried
• Motion: RCM - 64/22
  Moved by Councillor Brian Houston
  Seconded by Councillor Rick Tonial

  That By-Law 2022-007 being a by-law to adopt Guidelines for Temporary Patio and Patio Expansions and delegate authority for inspection of Temporary Patio and Patio Expansions for 2022.

  ​That By-Law 2022-008 being a by-law to authorize the execution of an Agreement with Her Majesty the Queen in right of Ontario, as represented by the Minister of Municipal Affairs and Housing for funding under the Municipal Modernization Fund – Intake 3 - Corporate Records and Information Management Service Review.

  Be given third and final reading.

  Carried

P.

Unfinished Business

1.

February 22, 2022

​The Members receive the Unfinished Business listing for Tuesday, February 22, 2022.

Q.

New Business

There are no new business items presented to Council.

R.

Motions

1.

Confirmatory By-law 2022-009

• Motion: RCM - 65/22
  Moved by Councillor Bill Altenhof
  Seconded by Councillor Brian Houston

  That By-Law 2022-009 being a by-law to confirm the proceedings of the Tuesday, February 22, 2022, regular meeting of the Council of The Corporation of the Town of Tecumseh be given first, second, third and final reading.

  Carried

S.

Notices of Motion

There are no Notices of Motion presented to Council.

T.

Next Meeting

Tuesday, March 8, 2022 

4:30 pm In-Camera Meeting

5:30 pm Court of Revision - Antaya Drain

6:15 pm Public Council Meeting - Official Plan Amendment and Zoning By-law Amendment - Home Hardware 

7:00 pm Regular Council Meeting

U.

Adjournment

• Motion: RCM - 66/22
  Moved by Deputy Mayor Joe Bachetti
  Seconded by Councillor Rick Tonial

  ​That there being no further business, the Tuesday, February 22, 2022 meeting of the Regular Council be adjourned at 8:31 pm.

  Carried