Regular Council

That the Tuesday, June 22, 2021 minutes of the Regular Council Meeting, the June 22, 2021 minutes of the Public Council Meeting and the June 29, 2021 minutes of the Special Council Meeting, as were duplicated and delivered to the members, be adopted .

That the PowerPoint presentation entitled "Source Water Protection Annual Program Report" from the Essex Region Conservation Authority, be received.

That Report PWES-2021-31 Source Water Protection Annual Program Report be brought forward on the agenda for Councils consideration.

That Report PWES-2021-31 Source Water Protection Annual Program Report, be received

That Communications - For Information 1 through 28 as listed on the Tuesday, July 13, 2021 Regular Council Agenda, be received .

That the Town of Tecumseh support the Municipality of Chatham-Kent's resolution requesting the Federal Government cease further consideration of eliminating capital gains tax exemptions on primary residences; And that a copy of this resolution be circulated to Member of Parliament for Windsor- Tecumseh, Irek Kusmierczyk, for support.

That the Town’s Essex Region Conservation Authority (ERCA) representatives [or alternate Members of Council should they be unable to attend] be authorized to attend the Essex Region Conservation Foundation's 32nd Annual Golf Tournament, on July 15, 2021, subject to funding in the 2021 budget and the provisions of the Town’s Travel and Professional Development Policies

That the Tuesday, June 22, 2021 minutes of the Policies & Priorities Committee Meeting as were duplicated and delivered to the members, be adopted .

That the Tuesday, June 10, 2021 minutes of the Police Services Board Meeting as were duplicated and delivered to the members, be adopted .

That the Town of Tecumseh Strategic Priorities 2020 Report CAO-2021-10 be received.

That CS-2021-15 entitled “Town Owned Vacant Land on Tecumseh Road” be received; And that all of the Town owned lands located east of 13660 Tecumseh Road (Town Land) be retained ; And that the request to purchase the Town Land be declined .

That an exemption from the Town’s Noise By-law No. 2002-07, as amended, be granted on Sunday, July 18, 2021 to permit musical entertainment from 6:00 pm until 11:00 pm for a wedding ceremony and reception at St. Charbel Antonin Maronite Catholic Church outdoor grounds located at 5700 Outer Drive, Tecumseh (event); And that any exemption from the Town’s Noise By-law 2002-07 granted is subject to the event being held in accordance with Ontario’s Roadmap to Reopening regulations; And further that the OPP be informed of this exemption from the Noise-By-Law and the applicant also notify residents; And furthermore that the OPP be requested to monitor the event for concerns and/or complaints respecting the emissions of sound, resulting from musical entertainment.

That an exemption from the Town’s Noise By-law No. 2002-07, as amended, be granted on Saturday August 7, 2021 to permit musical entertainment from 6:00 pm to 11:00 pm for a wedding ceremony and reception at St. Charbel Antonin Maronite Catholic Church outdoor grounds located at 5700 Outer Drive, Tecumseh (event); And that the exemption from the Town’s Noise By-law 2002-07 be conditional on the event being held in accordance with all of the Ontario Roadmap to Reopening regulations; And further that the OPP be informed of this exemption from the Noise-By-Law and the applicant also notify area residents; And furthermore that the OPP be requested to monitor the event for concerns and/or complaints respecting the emissions of sound, resulting from musical entertainment.

That the purchase of a High Water Rescue Vehicle be awarded to the Acela Inc. (Acela Truck Company) in the amount of $130,678.00 USD, plus HST. And that the total cost of $130,678.00 USD, plus HST be funded from the Lifecycle Fire Apparatus Reserve. And further that the Mayor and Clerk be authorized to execute the purchase and sale agreement with Acela Inc., satisfactory in form to the Town’s Solicitor, for the purchase of the deep water rescue vehicle, as per quotation No. 20210608-4.

That the Grant Application for the Tecumseh Road Main Street Community Improvement Plan (CIP) Financial Incentive Program, for the property located at 11977 Tecumseh Road (Roll No. 37440200000110), be deemed eligible and approved for the: Building Façade Improvement Grant in the amount of $15,000; and Parking Area Improvement Grant Program in the amount of $8,750; in relation to the building façade and parking lot improvements proposed for the subject property, all of which is in accordance with Section 11.3 (5) of the CIP and with PBS-2021-33.

That PBS-2021-34 entitled “Encroachment Agreement, 1197 Tecumseh Road – Kona Sushi Inc., Proposed Outdoor Patio” be received ; And t hat a by-law authorizing the execution of the “Kona Sushi Inc.” encroachment agreement, satisfactory in form to the Town’s Solicitor, which allows for the establishment of an outdoor patio associated with a 697 square metre (7,500 square foot) commercial building on the property located on the southwest corner of the Tecumseh Road/Shawnee Road intersection (11977 Tecumseh Road), be adopted , subject to the Owner executing the encroachment agreement.

That a by-law authorizing the execution of the “Cojopa Investments Inc.” (Tim Hortons Restaurant) site plan control amending agreement, satisfactory in form to the Town’s Solicitor, which agreement facilitates the installation of a second drive-through lane to the existing Tim Hortons restaurant, along with on-site services/works on the 1.12 hectare (2.76 acre) parcel of land located southwest of the intersection of Manning Road and County Road 42 (3075 Manning Road), be adopted , subject to the following occurring prior to the Town’s execution of the agreement: i)the Owner executing the site plan control amending agreement; and ii)the Owner posting security for performance pursuant to paragraph 4.1 of the amending agreement. And that the execution of such further documents as are called for by the site plan control amending agreement approved above including, but not limited to, the execution of the acknowledgement/direction required to register the site plan control amending agreement on title to the lands and such other acknowledgements/directions for any related transfers or real property registrations contemplated by the site plan control amending agreement, by the Mayor and Clerk, be authorized.

That the scheduling of a public meeting, on September 14, 2021 at 5:45 p.m., in accordance with the Planning Act , for the application submitted by Winstar Homes, on behalf of the Owner, Andrea Howard to amend the Tecumseh Zoning By-law 1746 by: rezoning the western 613.1 square metre (6,600 square foot) portion of 1441 Shawnee Road from “Residential Zone 2 (R2)” to a site-specific “Residential Zone 3 (R3-20)” in order to facilitate the creation of one new residential lot, in accordance with Consent Application B-08-21, and to permit the construction of one semi-detached dwelling and to establish minimum lot and yard requirements; and rezoning the eastern 609.8 square metre (6,564 square foot) portion of 1441 Shawnee Road from “Residential Zone 2 (R2)” to a site-specific “Residential Zone 2 (R2-26)” to establish a new minimum lot area for the retained lot created by Consent Application B-08-21; be authorized .

That PBS-2021-37 entitled “Official Plan and Zoning By-law Amendments, Greater Essex County District School Board, 13810 and 13814 Tecumseh Road, Proposed New North Shore Elementary School Site Expansion, Results from Public Meeting and Final Recommendations” be received ; And t hat a by-law having the effect of amending the Town of Tecumseh Official Plan by changing the land use designation for the eastern 0.6 hectare (1.48 acre) portion of the 2.33 hectare (5.75 acre) parcel of land (13800, 13810 and 13814 Tecumseh Road) situated on the north side of Tecumseh Road, approximately 60 metres (200 feet) west of its intersection with Arlington Boulevard, from “Residential” to “Community Facility”, in order to facilitate an enlarged site for the proposed New North Shore Elementary School in keeping with PSB-2021-37 , be adopted ; And further that a by-law having the effect of amending Zoning By-law 2065 by rezoning the eastern 0.6 hectare (1.48 acre) portion of the 2.33 hectare (5.75 acre) parcel of land (13800, 13810 and 13814 Tecumseh Road) situated on the north side of Tecumseh Road, approximately 60 metres (200 feet) west of its intersection with Arlington Boulevard, from “Residential Type Two Zone (R2)” to “Institutional Zone (I)”, in order to facilitate an enlarged site for the proposed New North Shore Elementary School in keeping with PSB-2021-37 , be adopted ;

That Report PWES-2021-30 Tecumseh Road On-Street Parking (Shawnee Road to Bedell Street), be received . And that Council approve the implementation of on-street parking, on both sides of the road, along Tecumseh Road from Shawnee Road to Bedell Street within the Tecumseh Road Main Street Community Improvement Plan Area. And further that the expenditure of $30,000 for the implementation of on-street parking on Tecumseh Road, be funded from the Road Lifecycle Reserve.

That a by-law be prepared to authorize the Mayor and Clerk to sign the Agreement for Rail Safety Improvements between Her Majesty the Queen in Right of Canada, as represented by the Minister of Transport Canada (“Canada”) 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, for the contribution received from the Rail Safety Improvement Program 2021/2022 Intake for improvements to the VIA Rail/Lesperance Road grade crossing (Chatham Mile 99.31). And that the expenditures of $215,000 for the updated project scope related to property and easement acquisitions be approved and funded from the Road Lifecycle Reserve. And further that the expenditures of $200,000 for the updated project scope related to the enhanced streetscape along the west side of Lesperance Road from VIA Rail to First Street be approved and funded from the Road Lifecycle Reserve.

That Dillon Consulting Limited be appointed drainage engineer to make an examination of the drainage area as submitted in the “Notice of Request for Drainage Improvement” dated April 30, 2021. And that a Drainage Report be prepared in accordance with Section 78 of the Drainage Act (Act), including provisions for future maintenance.

​ That By-Law 2021-41 being a by-law to provide for the reconsidered drainage report for the reassessment of the CYR Drain and Extension; That By-Law 2021-53 being a by-law to authorize the execution of an Agreement with Her Majesty the Queen in Right of Canada, as represented by the Minister of Transport and The Corporation of the Town of Tecumseh under the Rail Safety Improvement Program; That By-law 2021-54 Town of Tecumseh Official Plan Amendment No. 2 - Greater Essex County District School Board 13810 and 13814 Tecumseh Road, Proposed New North Shore Elementary School Site Expansion; That By-Law 2021-55 being a by-law to amend By-Law 2065, the Town's Comprehensive Zoning By-law for those lands in the former Village of St. Clair Beach. Be given first and second reading.

That By-Law 2021-53 being a by-law to authorize the execution of an Agreement with Her Majesty the Queen in Right of Canada, as represented by the Minister of Transport and The Corporation of the Town of Tecumseh under the Rail Safety Improvement Program; That By-law 2021-54 Town of Tecumseh Official Plan Amendment No. 2 - Greater Essex County District School Board 13810 and 13814 Tecumseh Road, Proposed New North Shore Elementary School Site Expansion; That By-Law 2021-55 being a by-law to amend By-Law 2065, the Town's Comprehensive Zoning By-law for those lands in the former Village of St. Clair Beach. Be given third and final reading.

Whereas one of the five strategic priorities adopted by the Council of The Corporation of the Town of Tecumseh (Town) is to make the Town an even better place to live, work and invest through a shared vision for our residents and newcomers. And Whereas there has been interest expressed by the hospitality industry to expand or promote their services through mobile food services in the Town; Now Therefore Be It Hereby Resolved: That Administration research regulations on licensing the operation of mobile food vendors; And that a draft regulatory framework for mobile food vendors be presented to Council for consideration at a Policies & Priorities Committee Meeting.

That in accordance with Section C of the Procedure By-law, notice is given that the August 10, 2021,meeting date of Council is cancelled.

That By-Law 2021-56 being a by-law to confirm the proceedings of the Tuesday, July 13, 2021, regular meeting of the Council of The Corporation of the Town of Tecumseh be given first, second, third and final reading.

​ That there being no further business, the Tuesday, July 13, 2021 meeting of the Regular Council be adjourned at 8:57 pm.