The Tecumseh Record

Regular Council

March 14, 2023

Who was there

Present (5): Joe Bachetti, James Dorner, Alicia Higgison, Gary McNamara, Rick Tonial

Absent (2): Brian Houston, Tania Jobin

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (20 motions)

20 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

That the February 28, 2023 minutes of the Regular Council meeting, the minutes of the Public Council Meetings and the minutes of the Special Council meeting as were duplicated and delivered to the members, be adopted .
Moved by Councillor Alicia Higgison, seconded by Councillor James Dorner
Carried
That MPP Andrew Dowie be permitted to be a delegation to Council.
Moved by Councillor Rick Tonial, seconded by Councillor Alicia Higgison
Carried
That Report PWES-2023-23 entitled "Food, Organics and Biosolids Waste Management Update and Regional Waste Management Proposal be brought forward on the agenda for discussion and consideration.
Moved by Councillor Alicia Higgison, seconded by Councillor Rick Tonial
Carried
That Report PWES-2023-23 Food, Organics and Biosolids Waste Management Update and Regional Waste Management Proposal, be received ; And that Council endorse the concept of a regional approach to waste management and direct Administration to report back at a future Council meeting with additional information on a regional waste management program, including the County’s by-law and the logistics of uploading the waste management service.
Moved by Deputy Mayor Joe Bachetti, seconded by Councillor Rick Tonial
Carried
That Communications - For Information 1 through 4 as listed on the Tuesday, March 14, 2023 Regular Council Agenda, be received .
Moved by Councillor James Dorner, seconded by Deputy Mayor Joe Bachetti
Carried
That the Mayor and Members of Council be authorized to attend the virtual AMO Training: Navigating Conflict Relationships as an Elected Official at a cost of $200 per person, in accordance with the Town’s Professional Development Policy and subject to funding in the 2023 Budget.
Moved by Councillor Alicia Higgison, seconded by Councillor Rick Tonial
Carried
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 16, 2023 through to and including Saturday, June 17, 2023, subject to compliance with the provisions of the Town’s Municipal Alcohol Risk Management Policy No. 31 for the purposes of hosting the 2023 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 sound amplifying equipment during the 2023 Taste of Tecumseh Festival for the purposes of musical entertainment and event announcements on Friday, June 16, 2023 and Saturday, June 17, 2023 from 5:00 p.m. to 1:00 a.m.
Moved by Deputy Mayor Joe Bachetti, seconded by Councillor Alicia Higgison
Carried
That Report DS 2023-04 2022 Year End Building Permit Report, be received .
Moved by Councillor Rick Tonial, seconded by Councillor James Dorner
Carried
That Report DS-2023-05 entitled “Zoning By-law Amendment, 13931 Riverside Drive, Results of Public Meeting and Final Recommendations”, be received ; And t hat a by-law having the effect of amending Zoning By-law 2065 by rezoning a 0.12 hectare (0.29 acre) parcel of land situated on the south side of Riverside Drive, approximately 35 metres (114 feet) east of its intersection with Arlington Boulevard (13931 Riverside Drive) from “Residential Type Two Zone (R2)” to a site-specific “Residential Type Two Zone (R2-8)” in order to facilitate the construction of a one-storey, two-unit dwelling (semi-detached dwelling) and establish site specific lot provisions, in keeping with DS-2023-05 , be adopted .
Moved by Councillor Rick Tonial, seconded by Councillor Alicia Higgison
Carried
That Report DS-2023-06 entitled “Proposed New Building By-law and Permit Fees”, be received . And that the scheduling of a public meeting, to be held on April 25, 2023 at 5:30 pm, in accordance with the requirements of the Ontario Building Code Act , to receive comments from the public regarding the proposed building permit fee rates, be authorized.
Moved by Councillor Rick Tonial, seconded by Councillor James Dorner
Carried
That LCS-2023-04 entitled “Manning Road Farm Lease – Option to Renew” be received ; And t hat the request of Olinda Farms Inc. (Olinda) to extend the Farm Lease to farm the Town’s 18 acres of farmland located on the south side of Baseline Road for a further two year period, subject to and as provided for in the current Farm Lease, be approved ; And further that By-law No. being a by-law to authorize the Mayor and the Clerk to execute a Farm Lease Agreement between the Town and Olinda for the 2023 to 2024 Crop Years, be adopted .
Moved by Deputy Mayor Joe Bachetti, seconded by Councillor Alicia Higgison
Carried
That Report LCS-2023-05 regarding the Appointment of an Integrity Commissioner be received ; T hat Mr. Robert Swayze’s appointment as the Integrity Commissioner for The Corporation of the Town of Tecumseh (Town) be extended for a further one year period commencing April 1, 2023 and ending March 31, 2024; And further that By-Law 2023-030 being a by-law to authorize the Mayor and the Clerk to execute an extension Agreement between the Town and Robert Swayze as Integrity Commissioner for the term April 1, 2023 through March 31, 2024 be recommended for adopt ion .
Moved by Councillor Rick Tonial, seconded by Councillor Alicia Higgison
Carried
That Council approve and accept the transfer to the Town of the land and premises identified as the Maidstone Recreation Centre located at 10720 Talbot Road (County Road 34) Town of Tecumseh, Ontario (the “MRC Property”), pursuant to the terms of a certain Agreement of Purchase and Sale attached to proposed By-law 2023-039; And t hat Council approve and accept the entering into of a Municipal Facilities Agreement between the Town and the non-profit corporation known as Maidstone Recreation Centre (“MRC Corporation”) as lessee for the purposes of the occupancy and use of the entire MRC Property as a “ Municipal community centre ” within the meaning of subsection 2(1), pf Ontario Regulation 603/06 passed under the Municipal Act, 2001 , S.O. 2001, c. 25, such agreement to be effective immediately upon the completion of the transfer of the property to the Town and such agreement to be in substantially the same form and manner as that attached to proposed By-law 2023-033; And further that the lands and premises municipally known as 10720 County Road 34 and legally described as PT LT 295 Con. NTR Sandwich East as in R1519626; Tecumseh (PIN 75232-0124) are hereby designated or declared to be municipal capital facilities exempt from taxation for municipal and school Board purposes effective as of April 3, 2023 or as of such date that the Town becomes the legal registered owner of the subject lands and premises with such exemption to continue for so long as the properties are used as
Moved by Councillor Rick Tonial, seconded by Councillor Alicia Higgison
Carried
That Report PWES-2023-19 Adoption of Municipal Drain By-Laws, 10 th Concession Drain and the Burke Drain, be received ; And that By-Law 2023-034 being a by-law to adopt the Engineer’s Drainage Report for the 10th Concession Drain (prepared by Dillon Consulting Ltd. and dated March 16, 2015) for the completion of drain improvement and collection of drainage assessments, as approved by the City of Windsor By-law 42-2015, be given first, second, third and final reading; And further that By-Law 2023-035 being a by-law to adopt the Engineer’s Drainage Report for the Burke Drain (prepared by Dillon Consulting Ltd. and N.J. Peralta Engineering Ltd. and dated June 6, 2018) for the completion of drain improvement and collection of drainage assessments, as approved by the Town of LaSalle By-law 8183, be given first, second, third and final reading.
Moved by Councillor Rick Tonial, seconded by Deputy Mayor Joe Bachetti
Carried
That Report PWES-2023-24 Active Transportation Fund – Multi-Use Recreational Trails: Lesperance Road and Little River Boulevard and the Rehabilitation of Lesperance Road, be received ; And that Administration be authorized to proceed with the project and prepare a by-law to authorize the Mayor and Clerk to sign a Transfer Payment Agreement between His Majesty the King in right of Canada, as represented by the Minister of Intergovernmental Affairs, Infrastructure and Communities (“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 grant received from the Active Transportation Fund 2022 Intake for the Multi-Use Recreational Trails: Lesperance Road and Little River Boulevard Project.
Moved by Councillor Alicia Higgison, seconded by Councillor Rick Tonial
Carried
That the tender for the in the amount of $1,178,330 excluding HST be awarded to South Shore Contracting of Essex County Inc.; And that By-law 2023-032 be given 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 South Shore Contracting of Essex County Inc.; And further that project funding allocations, reflecting a total budget requirement of $1,520,995 with a $483,245 decrease, be a ccommodated as follows: Bridges Lifecycle Reserve – decrease from $2,004,240 to $1,520,995
Moved by Deputy Mayor Joe Bachetti, seconded by Councillor James Dorner
Carried
​ That By-Law 2023-030 being a by-law to appoint Robert J. Swayze as the Integrity Commissioner for The Corporation of the Town of Tecumseh pursuant to Sections 9, 10, 11 and 223.3 of the Municipal Act, 2001 S.O. 2001, c.25, as amended; That By-Law 2023-031 being a by-law to authorize the execution of a Transfer Payment Agreement with Her Majesty the Queen on right of Ontario as represented by the Minister of Transportation for the Province of Ontario; That By-Law 2023-032 being a by-law to authority the execution of an Agreement between The Corporation of the Town of Tecumseh and South Shore Contracting of Essex County Inc.; That By-Law 2023-033 being a by-law to provide for a Municipal Capital Facility and authorize the execution of an Municipal Facilities Agreement between The Corporation of the Town of Tecumseh and Maidstone Recreation Centre; That By-Law 2023-034 being a by-law to provide for the repair and improvements to the 10th Concession Drain; That By-Law 2023-035 being a by-law to provide for the repair and improvements to the Burke Drain; That By-Law 2023-036 being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Tecumseh and Olinda Farms Inc.; That By-Law 2023-038 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. – 13931 Riverside Drive; That By-Law 2023-039 being a by-law to authorize the execution of an Agreement between The Corporation
Moved by Councillor Rick Tonial, seconded by Councillor Alicia Higgison
Carried
That By-Law 2023-030 being a by-law to appoint Robert J. Swayze as the Integrity Commissioner for The Corporation of the Town of Tecumseh pursuant to Sections 9, 10, 11 and 223.3 of the Municipal Act, 2001 S.O. 2001, c.25, as amended; That By-Law 2023-031 being a by-law to authorize the execution of a Transfer Payment Agreement with Her Majesty the Queen on right of Ontario as represented by the Minister of Transportation for the Province of Ontario; That By-Law 2023-032 being a by-law to authority the execution of an Agreement between The Corporation of the Town of Tecumseh and South Shore Contracting of Essex County Inc.; That By-Law 2023-033 being a by-law to provide for a Municipal Capital Facility and authorize the execution of an Municipal Facilities Agreement between The Corporation of the Town of Tecumseh and Maidstone Recreation Centre; That By-Law 2023-036 being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Tecumseh and Olinda Farms Inc.; That By-Law 2023-038 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. – 13931 Riverside Drive; That By-Law 2023-039 being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Tecumseh and Maidstone Recreation Centre. Be given third and final reading.
Moved by Councillor Rick Tonial, seconded by Councillor James Dorner
Carried
That By-Law 2023-040 being a by-law to confirm the proceedings of the Tuesday, March 14, 2023, regular meeting of the Council of The Corporation of the Town of Tecumseh be given first, second, third and final reading.
Moved by Councillor Rick Tonial, seconded by Councillor Alicia Higgison
Carried
​ That there being no further business, the Tuesday, March 14, 2023 meeting of the Regular Council be adjourned at 8:48 pm.
Moved by Councillor Rick Tonial, seconded by Councillor James Dorner
Carried

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