Regular Meeting of Council

Minutes

Meeting #:

Date:

Tuesday, September 12, 2023

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 Development Services, Brian Hillman
• Director Financial Services & Chief Financial Officer, Tom Kitsos
• Deputy Clerk & Manager Legislative Services, Jennifer Alexander
• 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 7:07 pm.

C.

Report Out of Closed Meeting

A closed meeting of Council was just held at 4:30 pm in accordance with and as permitted with Section 239 (2)(c)(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 being considered is:

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

h) 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 the meeting, Council received information and provided direction on such information that was explicitly supplied in confidence under Section 239 (2)(h); and Council also provided direction to Administration on a potential land purchase matter. 

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 8, 2023

• Motion: RCM - 230/23
  Moved by Deputy Mayor Joe Bachetti
  Seconded by Councillor Tania Jobin

  That the August 8, 2023 minutes of the Regular Council Meeting, as were duplicated and delivered to the members, be adopted.

  Carried

I.

Supplementary Agenda Adoption

• Motion: RCM - 231/23
  Moved by Councillor Brian Houston
  Seconded by Councillor James Dorner

  That the supplementary items added to the Regular Meeting agenda regarding the Delegation for Regional Waste Management Initiative and the 2024 Pre Budget Council Consultation presentation, be approved.

  Carried

J.

Consent Agenda items

1.

CAO-PC-2023-01 December Holiday Schedule 2024

2.

DS-2023-17 Tecumseh Transit Service, 2023 Six Month Statistical Review

3.

LCS-2023-22 Council Meetings in 2024

• Motion: RCM - 232/23
  Moved by Councillor Tania Jobin
  Seconded by Councillor Brian Houston

  That the Reports listed under the Consent Agenda be received and approved.

  Carried

K.

Delegations

1.

Essex Energy Corporation

Patrick Casey, P.Eng., MSP and Energy Markets, and  Steve Ray, CEO Essex Power Corporation

Mr. Steve Ray and Mr. Patrick Casey presents the PowerPoint presentation as appended to the agenda and respond to questions from the Members.

a.

PWES-2023-62 IESO Market Participant for the Tecumseh Arena and Manning Road Storm Pump Station Generators

• Motion: RCM - 233/23
  Moved by Councillor Rick Tonial
  Seconded by Councillor Brian Houston

  That Report PWES-2023-62 entitled "IESO Market Participant for the Tecumseh Arena and Manning Road Storm Pump Station Generators," be received;

  And that By-Law 2023-093 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 Essex Energy Corporation to include the Tecumseh Arena and Manning Road Storm Pump Station Generators in the IESO Capacity Auction;

  And further that the Town’s solicitor provide reasonable notice to Genset Resource Management Inc. (GenSet) of termination of the expired 2007 Standby Generator Operation and Maintenance Agreement, as contained within By-law 2007-34, and request removal of the Tecumseh Arena Generator from the IESO Operating Reserve Market.

  Carried

2.

Regional Waste Management Initiative 

Re: Phil Bartnik, Director Public Works & Engineering Services and Michelle Bishop, CPA, General Manager Essex Windsor Solid Waste Authority

Supplementary Item

The Director Public Works & Engineering Services is joined by Michelle Bishop to present the PowerPoint presentation and Report PWES-2023-57 entailed "Regional Waste Management Initiative, Project Update" as appended on the agenda and responds to questions from the Members.

a.

PWES-2023-57 Regional Waste Management Initiative, Project Update

A recorded vote was requested by the Deputy Mayor.

• Motion: RCM - 234/23
  Moved by Deputy Mayor Joe Bachetti
  Seconded by Councillor Alicia Higgison

  That Report PWES-2023-57 entitled “Regional Waste Management Initiative, Project Update and Endorsement of County By-Law 2023-40”, be received;

  And that Council support, endorse and consent County of Essex By-Law 2023-40, being a by-law to transfer all power of the lower-tier municipalities of the County of Essex with respect to the collection of waste and the delivery of such waste in the County of Essex, to the County, pursuant to the provisions of Sections 189 and 190 of the Municipal Act, 2021, S.O. 2001, c.25, as amended;

  And further that Council accordingly give consideration to the first, second, third and final reading of By-Law 2023-092, being a by-law to approve County of Essex By-Law 2023-40.

  Voters	For	Against	Conflict	Absent
  Councillor Brian Houston	X
  Deputy Mayor Joe Bachetti	X
  Councillor Tania Jobin	X
  Councillor James Dorner	X
  Councillor Alicia Higgison	X
  Results	5	0	0	0

  Carried (5 to 0)

3.

Hobie Fishing World Championship Event

Re: Steve Fields, Director Fishing Teams & Events

Mr. Fields presents the presentation entitled "Hobie Fishing Worlds 10" as appended on the agenda and responds to questions from the Members.  

a.

CRS-2023-15 Hobie Fishing Word Championships Event 2024

• Motion: RCM - 235/23
  Moved by Deputy Mayor Joe Bachetti
  Seconded by Councillor Alicia Higgison

  That the information as provided in Report CRS-2023-15 titled “Hobie World Fishing Championships 2024” be received;

  And that Council support and grant relief from the Outdoor Special Events Policy to the request from the International Hobie Fishing Association to host a Signature Event, the Hobie World Fishing Championships, at Lakewood Park North and Lakewood Park South from Tuesday, June 25, 2024 – Sunday, June 30, 2024.

  Carried

4.

2024 Pre Budget Council Consultation

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

Supplementary Item

The Director Financial Services presents the 2024 Pre Budget Council Consultation as appended on the agenda and responds to questions from the Members. 

• Motion: RCM - 236/23
  Moved by Councillor Tania Jobin
  Seconded by Councillor Brian Houston

  That the presentation entitled "2024 Pre Budget Council Consultation" be received.

  Carried

L.

Communications 

1.

For Information:

a.

Municipality of Chatham-Kent dated August 15, 2023

Re: Infrastructure Funding

b.

Ministry of Infrastructure dated August 14, 2023

Re: Red Tape Reduction for Designated Broadband Projects

c.

Town of Amherstburg dated August 15, 2023

Re: Violence Against Women Resolution Support

d.

County of Essex dated August 22, 2023

Re: Notice of Public Meeting for the County of Essex Official Plan

e.

Ministry of Natural Resources and Forestry dated August 21, 2023

Re: Streamlining of Approvals under the Aggregate Resources Act and Supporting Policy

f.

City of Windsor dated September 1, 2023

Re: Notice of Study Commencement for Little River Pollution Control Plan Expansion

• Motion: RCM - 237/23
  Moved by Councillor Alicia Higgison
  Seconded by Councillor Brian Houston

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

  Carried

2.

Action Required:

a.

CN Rail dated August 14, 2023

Re: National Rail Safety Week 

• Motion: RCM - 238/23
  Moved by Councillor Alicia Higgison
  Seconded by Councillor Rick Tonial

  Whereas Rail Safety Week is to be held across Canada from September 18 to 24, 2023;

  Whereas 232 railway crossing and trespassing incidents occurred in Canada in 2022; resulting in 66 avoidable fatalities and 43 avoidable serious injuries;

  Whereas educating and informing the public about rail safety (reminding the public that railway rights-of-way are private property, enhancing public awareness of the dangers associated with highway rail grade crossings, ensuring pedestrians and motorists are looking and listening while near railways, and obeying established traffic laws) will reduce the number of avoidable fatalities and injuries cause by incidents involving trains and citizens; 

  Whereas Operation Lifesaver is a public/private partnership whose aim is to work with the public, rail industry, governments, police services, media and others to raise rail safety awareness;

  Whereas CN has requested Town Council adopt this resolution in support of its ongoing efforts to raise awareness, save lives and prevent injuries in communities, including our municipality;

  It is hereby resolved to support National Rail Safety Week to be held from September 18 to 24, 2023.

  Carried

M.

Update from County Council and Boards

The Mayor asks if there are any updates with respect to County Council or any of the County Boards that the Members serve upon.

The Mayor advises that the Essex Windsor Solid Waste Authority Board continues to work on regional waste management initiatives.

 

N.

Committee Minutes

1.

Policies & Priorities Committee - August 8, 2023

• Motion: RCM - 239/23
  Moved by Councillor Rick Tonial
  Seconded by Councillor Brian Houston

  That the Tuesday, August 8, 2023 minutes of the Policies & Priorities Committee as were duplicated and delivered to the members, be adopted;

  And that the attached Council-Staff Relations Policy, Alley Closing and Sale Policy, Sale of Surplus Land Policy, and Social Media Policy presented at the August 8, 2023 Policies & Priorities Committee meeting, be adopted;

  And further that By-Law 2003-09 being a by-law to establish procedures for the sale of surplus real property be repealed.

  Carried

2.

Town of Tecumseh Business Improvement Area- August 21, 2023

• Motion: RCM - 240/23
  Moved by Councillor Brian Houston
  Seconded by Councillor James Dorner

  That the August 21, 2023 minutes of the Town of Tecumseh Business Improvement Area as were duplicated and delivered to the members, be accepted.

  Carried

O.

Reports

1.

Chief Administrative Officer - People & Culture

a.

CAO-PC-2023-04 Crossing Guards Lunch Hour Service

• Motion: RCM - 241/23
  Moved by Deputy Mayor Joe Bachetti
  Seconded by Councillor Rick Tonial

  That Report CAO-PC-2023-04 entitled “Crossing Guards Lunch Hour Service” be received;

  And that the recommendation to eliminate the lunch hour service of Crossing Guards at the locations identified in Report CAO-PC-2023-04 effective October 10, 2023 be approved.

  And further that the change in level of service be communicated to the administration of the affected schools.

  Carried

b.

CAO-PC-2023-05 COVID-19 Vaccination Policy Suspension

• Motion: RCM - 242/23
  Moved by Councillor Brian Houston
  Seconded by Councillor Rick Tonial

  That Report CAO-PC-2023-05 entitled “COVID-19 Vaccination Policy Suspension” be received;

  And that the recommendation to suspend the “COVID-19 Vaccination Policy” dated September 8, 2021 be approved.

  Carried

2.

Community & Recreation Services

a.

CRS-2023-17 Healthy Aging Strategy

• Motion: RCM - 243/23
  Moved by Councillor Brian Houston
  Seconded by Councillor Rick Tonial

  That Report CRS-2023-17 entitled “Healthy Aging Strategy” be received;

  And that the development of a Healthy Aging Strategy be approved.

  Carried

3.

Financial Services

a.

FS-2023-07 2022 Year End Budget Variance

• Motion: RCM - 244/23
  Moved by Councillor Brian Houston
  Seconded by Councillor James Dorner

  That the 2022 Year-End Budget Variance Report, dated September 12, 2023, showing a tax supported surplus of $1,224,508 and a rate-supported surplus of $714,803 be received;

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

  1. $150,000 operating fund surplus to Sick/Vacation Pay Reserve as per 2022 year-end estimated present value obligation;
  2. $200,000 operating fund surplus to Post Employment Benefits Reserve Fund to be invested in ONE Equity Fund to contribute towards 2022 year-end estimated present value obligation deficit of approximately $4M;
  3. $400,000 operating fund surplus to Tax Rate Stabilization Reserve to bring this reserve to approximately $3.8M (15% of general levy is $4.1M);
  4. $384,497 operating fund surplus to Infrastructure Reserve; and
  5. $90,011 capital fund surplus be transferred as follows:
     1. $60,000 to Tax Rate Stabilization Reserve to be carried forward to 2023 towards 2022 approved Small Equipment purchases not fulfilled at year-end, and
     2. $30,011 to Infrastructure Reserve

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

  1. $444,994 water operating fund surplus to the Water Rate Stabilization Reserve Fund; and
  2. $269,809 wastewater operating fund surplus to the Wastewater Rate Stabilization Reserve Fund.
  Carried

4.

Legislative & Clerk Services

a.

LCS-2023-27 Request for Noise By-Law Exemption- Tabouli by Eddy's

• Motion: RCM - 245/23
  Moved by Deputy Mayor Joe Bachetti
  Seconded by Councillor Tania Jobin

  That Report LCS-2023-27 entitled “Request for Noise By-Law Exemption – Tabouli by Eddy’s”, be received;

  And that Council authorize Administration to grant Tabouli by Eddy’s, located at 1614 Lesperance Road, an exemption from the Emission of Sounds By-Law 2002-07, as amended (the “Noise By-Law”), on Saturday, September 23, 2023, between the hours of 9:00 pm and 11:30 pm to permit music entertainment;

  And further that the area residents be informed by Tabouli by Eddy’s of this exemption from the Noise By-Law, and Administration communicate the exemption to the OPP;

  And furthermore that concerns and/or complaints respecting the emission of sound, resulting from the entertainment, are to be monitored.

  Carried

5.

Public Works & Engineering Services

a.

PWES-2023-46 Request to Levy 2022 Municipal Drain Maintenance Costs

• Motion: RCM - 246/23
  Moved by Deputy Mayor Joe Bachetti
  Seconded by Councillor Alicia Higgison

  That Report PWES-2023-46 Request to Levy 2022 Municipal Drain Maintenance Costs, be received;

  And that By-Law 2023-070 to levy maintenance costs for the drains attached in Appendix A, be adopted.

  Carried

b.

PWES-2023-59 Amendment to the 2023-2027 PWES Capital Works Plan, Public Works and Transportation North Building Improvements

• Motion: RCM - 247/23
  Moved by Councillor Rick Tonial
  Seconded by Councillor Brian Houston

  That Report PWES-2023-59 "Amendment to the 2023-2027 PWES Capital Works Plan, Public Works and Transportation North Service Building Improvements, Project Update", be received;

  And that expenditures for the expanded scope and construction costs for the Public Works and Transportation North Building Improvements Project of $600,000, for a total project cost of $800,000, be authorized and funded from:

  • $480,000 from the Buildings Lifecycle Reserve
  • $320,000 from the Infrastructure Reserve.
  Carried

c.

PWES-2023-60 Tecumseh Road Sidewalk Rehabilitation – Tender Award

• Motion: RCM - 248/23
  Moved by Deputy Mayor Joe Bachetti
  Seconded by Councillor Brian Houston

  That the tender for the Tecumseh Road Sidewalk Rehabilitation in the amount of $214,458 (excluding HST) be awarded to Amico Infrastructures Inc.;

  And that By-Law 2023-090 be given consideration 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 Amico Infrastructures Inc.

  Carried

d.

PWES-2023-64 Discontinuation of the Drainage Act Process, Section 40 - Cunningham Drain, Brown Enclosure Extension

• Motion: RCM - 249/23
  Moved by Councillor Brian Houston
  Seconded by Councillor Rick Tonial

  That Report PWES-2023-64 Discontinuation of the Drainage Act Process, Section 40, for the Cunningham Drain-Brown Enclosure Extension, be received;

  And that notice of the filing of the drainage engineer’s report, under Section 40 of the Drainage Act, be given by the Clerk to the landowner at 12305 County Road 34 who had originally requested the drainage works.

  Carried

P.

By-Laws

1.

By-Law 2023-070 2022 Municipal Drain for Maintenance Costs in 2022

A by-law to amend drainage assessments in engineer reports based on actual costs incurred for the constructing of various drains in 2022

2.

By-Law 2023-089 BIA Tax Rate

Being a by-law to levy a special charge of the Business Improvement Area and to provide for its collection for the year 2023

3.

By-Law 2023-90 Tecumseh Road Sidewalk Rehabilitation Tender Award

Being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Tecumseh and Amico Infrastructure Inc. for the construction services of the Tecumseh Road Sidewalk Rehabilitation

4.

By-Law 2023-091 Amend By-Law 2022-099 Schedule A Fees and Charges - Alley closing

Being a by-law to amend By-Law 2022-099 to prescribe administrative fees and charges for the Town of Tecumseh for the year 2023

5.

By-Law 2023-092 County of Essex - Waste Management

Being a by-law to consent to the transfer to the Corporation of the County of Essex of all power of the Town of Tecumseh as a lower tier municipality with respect to the collection of waste and the delivery of such waste in the Town of Tecumseh pursuant to the provisions of Sections 189 and 190 of the Municipal Act, 2001, S.O. 2001, c.25, as amended

6.

By-Law 2023-093 Agreement with Essex Energy Corporation

Being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Tecumseh and Essex Energy Corporation

7.

By-Law 2023-094 Amending Agreement for By-Law 2022-097- VIA Rail Grade Crossing Improvements

Being a by-law to amend By-Law 2021-53, being a by-law to authorize the execution of an Agreement with His Majesty the King of Right of Canada, and represented by the Minister of Transport and The Corporation of the Town of Tecumseh under the Rail Safety Improvement Program

8.

By-Law 2023-095 Shuttleworth Drain - First and Second Reading

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

 

• Motion: RCM - 250/23
  Moved by Deputy Mayor Joe Bachetti
  Seconded by Councillor Brian Houston

  ​That By-Law 2023-070 being a by-law to amend drainage assessments in engineer reports based on actual costs incurred for the constructing of various drains in 2022.

  That By-Law 2023-089 being a by-law to levy a special charge of the Business Improvement Area and to provide for its collection for the year 2023.

  That By-Law 2023-090 being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Tecumseh and Amico Infrastructure Inc. for the construction services of the Tecumseh Road Sidewalk Rehabilitation.

  That By-Law 2023-091 being a by-law to amend By-Law 2022-099 to prescribe administrative fees and charges for the Town of Tecumseh for the year 2023.

  That By-Law 2023-092 being a by-law to consent to the transfer to the Corporation of the County of Essex of all power of the Town of Tecumseh as a lower tier municipality with respect to the collection of waste and the delivery of such waste in the Town of Tecumseh pursuant to the provisions of Sections 189 and 190 of the Municipal Act, 2001, S.O. 2001, c.25, as amended.

  That By-Law 2023-093 being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Tecumseh and Essex Energy Corporation.

  That By-Law 2023-094 being a by-law to amend By-Law 2021-53, being a by-law to authorize the execution of an Agreement with His Majesty the King of Right of Canada, and represented by the Minister of Transport and The Corporation of the Town of Tecumseh under the Rail Safety Improvement Program.

  That By-Law 2023-095 being a by-law to provide for the repair and improvements to the Shuttleworth Drain.

  Be given first and second reading.
  Carried
• Motion: RCM - 251/23
  Moved by Councillor Brian Houston
  Seconded by Councillor Rick Tonial

  ​That By-Law 2023-070 being a by-law to amend drainage assessments in engineer reports based on actual costs incurred for the constructing of various drains in 2022.

  That By-Law 2023-089 being a by-law to levy a special charge of the Business Improvement Area and to provide for its collection for the year 2023.

  That By-Law 2023-090 being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Tecumseh and Amico Infrastructure Inc. for the construction services of the Tecumseh Road Sidewalk Rehabilitation.

  That By-Law 2023-091 being a by-law to amend By-Law 2022-099 to prescribe administrative fees and charges for the Town of Tecumseh for the year 2023.

  That By-Law 2023-092 being a by-law to consent to the transfer to the Corporation of the County of Essex of all power of the Town of Tecumseh as a lower tier municipality with respect to the collection of waste and the delivery of such waste in the Town of Tecumseh pursuant to the provisions of Sections 189 and 190 of the Municipal Act, 2001, S.O. 2001, c.25, as amended.

  That By-Law 2023-093 being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Tecumseh and Essex Energy Corporation.

  That By-Law 2023-094 being a by-law to amend By-Law 2021-53, being a by-law to authorize the execution of an Agreement with His Majesty the King of Right of Canada, and represented by the Minister of Transport and The Corporation of the Town of Tecumseh under the Rail Safety Improvement Program.

  Be given third and final reading.

  Carried

Q.

Unfinished Business

1.

September 12, 2023

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

R.

New Business

There are no new business item presented to Council.

S.

Motions

1.

Confirmatory By-Law 2023-096

• Motion: RCM - 252/23
  Moved by Councillor Brian Houston
  Seconded by Councillor Alicia Higgison

  That By-Law 2023-096 being a by-law to confirm the proceedings of the Tuesday, September 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

Councillor Higgison raises a notice of motion regarding authoring a letter to Ontario's Minister of Education to express support for and encourage the exploration of a new shared costs funding model with municipalities and community crossing guards. 

U.

Next Meeting

September 26, 2023

7:00 pm Regular Council Meeting

V.

Adjournment

• Motion: RCM - 253/23
  Moved by Councillor Rick Tonial
  Seconded by Councillor Tania Jobin

  ​That there being no further business, the Tuesday, September 12, 2023 meeting of the Regular Council be adjourned at 9:51 pm.

  Carried