Regular Meeting of Council

Minutes

Meeting #:
Date:	Tuesday, April 26, 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, Tania Jobin

Absent:

• Councillor, Rick Tonial

Also Present:

• Chief Administrative Officer, Margaret Misek-Evans
• 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
• Fire Prevention Officer, Nicole Fields
• Manager Committee & Community Services, Christina Hebert
• Manager Planning Services & Local Economic Development, Chad Jeffery
• Senior Manager Recreation Services, Brett Palmer

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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

An electronic closed session was held earlier this evening at the personnel committee meeting at 6:00 pm in accordance with section 239(b) of the Municipal Act.  At the meeting, Administration was given direction on employment arrangements for identified individuals.

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

Councilor Dowie declares a conflict with agenda item 3a. as he is working with his employer on this matter.  No other members declared a pecuniary interest. 

H.

Minutes

1.

Regular Council Meeting - April 7, 2022

• Motion: RCM - 119/22
  Moved by Deputy Mayor Joe Bachetti
  Seconded by Councillor Tania Jobin

  That the April 7, 2022 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 presented to Council.

J.

Delegations

1.

Town of Tecumseh 2022 Awards Presentation 

• Dr. Henri Breault Community Excellence Award, Anita Imperioli;
• Donald ‘Donny’ Massender Memorial Volunteer Award, Edward Janisse;
• Youth of the Year Award, Jocelyn Adams (2022), and Teanna Kavanagh (2021);
• Senior of the Year Award, Lynda Lacombe.

The Members of Council recognize the Award recipients for their outstanding volunteering efforts.

K.

Communications - For Information

1.

City of Windsor dated March 21, 2022

Re: Official Plan Volume I Primary Plan Amendment -11646 Tecumseh Road E. from Industrial to Mixed Use

2.

Ministry of Municipal Affairs and Housing dated April 6, 2022 

Re: MMAH Orders under the Reopening Ontario Act 

3.

City of St. Catharines dated April 19, 2022

Re: St. Catharines Response to Ontario Housing Affordability Task Force Recommendations

4.

Town of Gravenhurst dated April 19, 2022

Re: Year of the Garden

5.

Town of Gravenhurst dated April 19, 2022

Re: Russian Sanctions Resolution

6.

Office of the Fire Marshal dated April 14, 2022

Re: O. Reg.343/22: Firefighter Certification

7.

Town of Gravenhurst dated April 19, 2022

Re: Floating Accommodations Resolution

8.

County of Peterborough dated April 13, 2022

Re: Provincial Request for Comments on Floating Accommodations

9.

Lake of Bays dated April 12, 2022

Re: Notice of Motion - Floating Accommodations

10.

Municipality of Hastings Highlands dated April 20, 2022

Re: Support for Township of Clearview's resolution in Funding Support for Infrastructure

11.

Town of Halton Hills dated April 20, 2022

Re: Build it Right the First Time Resolution

• Motion: RCM - 120/22
  Moved by Councillor Andrew Dowie
  Seconded by Councillor Bill Altenhof

  That Communications - For Information 1 through 11 as listed on the Tuesday, April 26, 2022 Regular Council Agenda, be received.

  Carried
• Motion: RCM - 121/22
  Moved by Councillor Brian Houston
  Seconded by Councillor Bill Altenhof

  That the Town of Tecumseh support the April 12, 2022 resolution passed by the Town of Gravenhurst in support of the Federal Government of Canada sanctions on Russian and denouncing Russia’s unjustifiable war against Ukraine

  Carried

L.

Communications - Action Required

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

M.

Committee Minutes

There are no Committee Minutes presented to Council.

N.

Reports

1.

Community & Recreation Services

a.

CRS-2022-06 Pathway to Potential Funding Agreement 2022

• Motion: RCM - 122/22
  Moved by Councillor Tania Jobin
  Seconded by Councillor Bill Altenhof

  That Report CRS-2022-06 Pathway to Potential Agreement 2022 be received;

  And that The Corporation of the Town of Tecumseh enter into an Agreement with The Corporation of the City of Windsor for the Pathway to Potential Program for budget year 2022, at no cost to the Town;

  And further that By-Law 2022-030 authorizing the Mayor and the Clerk to execute a Service Agreement between The Corporation of the Town of Tecumseh and The Corporation of the City of Windsor for the Pathway to Potential Program (2022) be adopted.

  Carried

b.

CRS-2022-07 Optimist Club's Victoria Day Weekend Fireworks 2022

• Motion: RCM - 123/22
  Moved by Councillor Tania Jobin
  Seconded by Councillor Bill Altenhof

  That the Town of Tecumseh pay the cost for enhanced OPP service during the 43rd annual Victoria Day Fireworks event to be held on May 21 or 22, 2022, estimated to be in the order of $1,500.00

  And that this cost be funded from the Police Contracts budget.

  Carried

c.

CRS-2022-08 Taste of Tecumseh Festival 2022

• Motion: RCM - 124/22
  Moved by Councillor Tania Jobin
  Seconded by Councillor Bill Altenhof

  That the Optimist Club of St. Clair Beach be authorized to sell and serve alcoholic beverages for consumption by patrons at Lakewood Park from Friday, June 17, 2022 through to and including Saturday, June 18, 2022, subject to compliance with the provisions of the Town’s Municipal Alcohol Risk Management Policy 31 for the purposes of hosting the 2022 Taste of Tecumseh Festival;

  And that relief be granted from Noise By-law No. 2002-07, as amended, in order to permit the Optimist Club of St. Clair Beach to operate loud speakers or sound amplifying equipment during the 2022 Taste of Tecumseh Festival for the purposes of musical entertainment and event announcements on Friday, June 17, 2022 and Saturday, June 18, 2022 from 5:00 p.m. to 1:00 a.m.

  Carried

2.

Development Services

a.

DS-2022-12 Zoning By-law Amendment 1401-1429 Lesperance Road Results of Public Meeting and Final Recommendations

• Motion: RCM - 125/22
  Moved by Deputy Mayor Joe Bachetti
  Seconded by Councillor Brian Houston

  That a by-law having the effect of amending the Tecumseh Zoning By-law 1746 by rezoning a 0.29 hectare (0.71 acre) parcel of land situated on the southwest corner of the Lesperance Road/Arbour Street intersection (1401-1429 Lesperance Road) from “Residential Zone 2 (R2)” and “Residential Zone 2 (R2-25)” to “Residential Zone 3 (R3-21)” in order to facilitate the construction of a residential development consisting of three, 2.5 storey, six-unit dwellings and establish site-specific lot, building and yard provisions in keeping with DS-2022-12, be adopted.

  Carried

b.

DS-2022-13 Zoning By-law Amendment, D19 12322RIV, 12322 Riverside Drive, Scheduling of a Public Meeting

• Motion: RCM - 126/22
  Moved by Councillor Tania Jobin
  Seconded by Councillor Brian Houston

  That the scheduling of a public meeting, on May 24, 2022 at 5:30 p.m., in accordance with the Planning Act, for an application seeking to amend Zoning By-law 1746 by rezoning a 0.12 hectare (0.29 acre) parcel of land situated on the north side of Riverside Drive (12322 Riverside Drive), approximately 45 metres (147 feet) east of its intersection with Lesperance Road, in order to permit the conversion of an existing accessory structure into an Additional Residential Unit, in accordance with subsection 4.2.2 viii) of the Tecumseh Official Plan, be authorized.

  Carried

c.

DS-2022-14 Zoning By-law Amendment, Condition of Consent Application B-01-22, 6780 Holden Road, Scheduling of a Public Meeting

• Motion: RCM - 127/22
  Moved by Councillor Brian Houston
  Seconded by Councillor Andrew Dowie

  That the scheduling of a public meeting, to be held on Tuesday, May 24, 2022, at 6:00 p.m., in accordance with the Planning Act for a zoning by-law amendment application submitted for a 20.68 hectare (51.1 acre) parcel of land situated on the east side of Holden Road, approximately 1.1 kilometres north of its intersection with County Road 8 (6780 Holden Road), seeking to amend Zoning By-law 85-18 by:

  1. rezoning the 0.55 hectare (1.35 acre) non-farm related residential lot (6780 Holden Road), from “Agricultural Zone (A)” to a site specific “Agricultural Zone (A-37)” in order to establish a maximum lot area of 0.55 hectares (1.35 acres); and
  2. rezoning the 20.13 hectare (49.7 acre) agricultural parcel from “Agricultural Zone (A)” to a site specific “Agricultural Zone (A-38)” in order to prohibit a residential dwelling from being constructed

  all of which is in accordance with Condition No. 5 of Severance Application B-01-22, be authorized.

  Carried

d.

DS-2022-15 Renewal of Municipal Housing Facility By-law, Ontario Priorities Housing Initiatives, Tecumseh Participation

• Motion: RCM - 128/22
  Moved by Deputy Mayor Joe Bachetti
  Seconded by Councillor Tania Jobin

  That By-law 2022-032 be adopted having the effect of renewing the Municipal Housing Facilities By-law for the Town of Tecumseh, all of which is in accordance with the requirements of the 2021 Rental Housing Component of the Ontario Priorities Housing Initiatives (OPHI) program, PBS-2021-42 and DS-2022-15.

  Carried

e.

DS-2022-16 Tecumseh Road Main Street Community Improvement Plan (CIP), Review of Grant Programs

• Motion: RCM - 129/22
  Moved by Deputy Mayor Joe Bachetti
  Seconded by Councillor Bill Altenhof

  That Council receive Report DS-2022-12, entitled “Tecumseh Road Main Street Community Improvement Plan (CIP): Summary of Committed Grant Program Funds and Private Development Since CIP Adoption”;

  And that Council discontinue support for the current Tecumseh Road Main Street CIP Building and Property Improvement Grant (BPIG) Program for grant applications received after April 26, 2022;

  And further that Administration be directed to report back with a revised BPIG Program that establishes criteria for the purpose of providing BPIG grants to those residential development proposals that meet specific affordability criteria over a specified period of time.

  Carried

3.

Legislative & Clerk Services

a.

LCS-2022-12 Court of Revision Appointment - Lachance Drain

• Motion: RCM - 130/22
  Moved by Councillor Bill Altenhof
  Seconded by Councillor Brian Houston

  That a Councillor Brian Houston be appointed to the Court of Revision for the City of Windsor respecting any appeals on the Drainage Report for the New Drain Alignment of a portion of the Lachance Drain in the City of Windsor and Town of Tecumseh, as prepared by Dillon Consulting, dated March 25, 2022.

  And that LCS-2022-12 entitled “Court of Revision Appointment – Lachance Drain” be received.

  Carried

b.

LCS-2022-14 National AccessAbility Week

• Motion: RCM - 131/22
  Moved by Councillor Brian Houston
  Seconded by Councillor Tania Jobin

  That Report LCS-2022-14 entitled “National AccessAbility Week 2022”, be received.

  Carried

4.

Public Works & Engineering Services

a.

PWES-2022-15 Appointment of Engineer - Cunningham Drain

• Motion: RCM - 132/22
  Moved by Councillor Tania Jobin
  Seconded by Councillor Bill Altenhof

  That Dillon Consulting Limited be appointed drainage engineer to make an examination of the Cunningham Drain drainage area as submitted by the landowner in the “Notice of Request for Drainage Improvement” dated February 3, 2022;

  And that a Drainage Report be prepared in accordance with Section 78 of the Drainage Act, including provisions for future maintenance.

  Carried

b.

PWES-2022-19 Drinking Water Quality Management System Operational Plan, Revision Date April 26, 2022

• Motion: RCM - 133/22
  Moved by Councillor Tania Jobin
  Seconded by Deputy Mayor Joe Bachetti

  That Tecumseh Town Council endorse and commit to the Town of Tecumseh Distribution System, Drinking Water Quality Management System Operational Plan, Revision Date: April 26, 2022.

  Carried

c.

PWES-2022-20 Request to Consider Drainage Petition and Appointment of Engineer - Shields Street

• Motion: RCM - 134/22
  Moved by Councillor Andrew Dowie
  Seconded by Councillor Brian Houston

  That the Petition for Drainage Works for Shields Street dated March 3, 2022 as submitted by the Road Authority in accordance with Section 4(1) of the Drainage Act, be received;

  And that Dillon Consulting Limited be appointed drainage engineer in accordance with Section 8(1) of the Drainage Act to make an examination of the area requiring drainage and to prepare a Preliminary Report in accordance with Section 10(1) of the Drainage Act.

  Carried

d.

PWES-2022-22 Asphalt Paving Tender Award

• Motion: RCM - 135/22
  Moved by Councillor Brian Houston
  Seconded by Councillor Tania Jobin

  That the low tender from Coco Paving Inc. in the amount of $997,750 plus HST, for the 2022 Asphalt Paving Tender, be approved and that the Mayor and Clerk be authorized to enter into a contract for the services with Coco Paving Inc.

  Carried

e.

PWES-2022-23 Tar and Chip Tender Award

• Motion: RCM - 136/22
  Moved by Deputy Mayor Joe Bachetti
  Seconded by Councillor Bill Altenhof

  That the sole tender from Shepley Road Maintenance Ltd. in the amount of $209,690 plus HST for the 2022 Tar and Chip Tender, be approved;

  And that the Mayor and Clerk be authorized to enter into contract for the services with Shepley Road Maintenance Ltd.

  Carried

O.

By-Laws

1.

By-Law 2022-028 

Being a by-law to levy a special charge of the Business Improvement Area and to provide for its collection for the year 2022

2.

By-Law 2022-029 

Being a bylaw to provide for the repair and improvements to the Lachance Drain

3.

By-Law 2022-030 

Being a by-law to authorize the execution of a Service Agreement between The Corporation of the Town of Tecumseh and the City of Windsor to administer funds for the Pathway to Potential Program for the year 2022.

4.

By-Law 2022-031 

Being a by-law to provide for the adoption of tax rates, area rates and additional charges for Municipal, County and Education purposes for the year 2022

5.

By-Law 2022-032 

Being a by-law to provide for Municipal Housing (Municipal Housing Facilities By-Law)

6.

By-Law 2022-033 

Being a by-law to amend By-law 1746, the Town’s Comprehensive Zoning By-law for those lands in the former Town of Tecumseh.

(Planning File: D19 1415LES – 1401-1429 Lesperance Road)

7.

By-Law 2022-034

Amendment No.3 to the Town of Tecumseh Official Plan 

(Planning File: D19 HO – Home Hardware – 1613 Lesperance Road)

8.

By-Law 2022-035

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 HO – Home Hardware – 1613 Lesperance Road)

• Motion: RCM - 137/22
  Moved by Deputy Mayor Joe Bachetti
  Seconded by Councillor Brian Houston

  ​That By-Law 2022-28 being a by-law to levy a special charge of the Business Improvement Area to provide for its collection for the year 2022;

  That By-Law 2022-029 being a by-law to provide for the repair and improvement of the Lachance Drain;

  That By-Law 2022-030 being a by-law to authorize the execution of a Service Agreement between The Corporation of the Town of Tecumseh and the City of Windsor to administer funds for the Pathway for Potential Program for the year 2022;

  That By-Law 2022-031 being a by-law to provide for the adoption of tax rates, area rates and additional charges for Municipal, County and Education purposes for the year 2022;

  That By-Law 2022-032 being a by-law to provide for Municipal Housing (Municipal Housing Facilities By-Law);

  That By-Law 2022-033 being a by-law to amend By-law 1746, the Town's Comprehensive Zoning By-law for those lands in the Former Town of Tecumseh (1401-1429 Lesperance Road);

  That By-Law 2022-034 Amendment No. 3 to the Town of Tecumseh Official Plan  (Home Hardware -1613 Lesperance Road);

  That By-Law 2022-035 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. (Home Hardware - 1613 Lesperance Road).

  Be given first and second reading.
  Carried
• Motion: RCM - 138/22
  Moved by Councillor Bill Altenhof
  Seconded by Councillor Brian Houston

  ​That By-Law 2022-28 being a by-law to levy a special charge of the Business Improvement Area to provide for its collection for the year 2022;

  That By-Law 2022-030 being a by-law to authorize the execution of a Service Agreement between The Corporation of the Town of Tecumseh and the City of Windsor to administer funds for the Pathway for Potential Program for the year 2022;

  That By-Law 2022-031 being a by-law to provide for the adoption of tax rates, area rates and additional charges for Municipal, County and Education purposes for the year 2022;

  That By-Law 2022-032 being a by-law to provide for Municipal Housing (Municipal Housing Facilities By-Law);

  That By-Law 2022-033 being a by-law to amend By-law 1746, the Town's Comprehensive Zoning By-law for those lands in the Former Town of Tecumseh (1401-1429 Lesperance Road);

  That By-Law 2022-034 Amendment No. 3 to the Town of Tecumseh Official Plan  (Home Hardware -1613 Lesperance Road);

  That By-Law 2022-035 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. (Home Hardware - 1613 Lesperance Road).

  Be given third and final reading.

  Carried

P.

Unfinished Business

1.

April 26, 2022

​The Members receive the Unfinished Business listing for Tuesday, April 26, 2022.

Q.

New Business

Town Hall Parking Lot

A request to repair a crack in the pavement at the back parking lot of Town Hall.

R.

Motions

1.

Confirmatory By-Law 2022-036

• Motion: RCM - 139/22
  Moved by Councillor Bill Altenhof
  Seconded by Councillor Brian Houston

  That By-Law 2022-036 being a by-law to confirm the proceedings of the Tuesday, April 26, 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

Thursday, May 5, 2022

4:30 pm Special Council Meeting - Strategic Priorities

Tuesday, May 10, 2022

4:30 pm Special Council Meeting - Clerk's Service Delivery Review

7:00 pm Regular Council Meeting

U.

Adjournment

• Motion: RCM - 140/22
  Moved by Councillor Bill Altenhof
  Seconded by Councillor Brian Houston

  ​That there being no further business, the Tuesday, April 26, 2022 meeting of the Regular Council be adjourned at 9:21 pm.

  Carried