Regular Council

That the May 24, 2022 minutes of the Regular Council Meeting, Public Council Meetings and the June 7, 2022 minutes of the Special Council meeting and Public Council Meeting as were duplicated and delivered to the members, be adopted .

That the supplementary item added to the Regular Meeting Agenda regarding Report PWES- 2022-18 Request to Levy 2021 Municipal Drain Maintenance Costs and By-law 2022-045 Appendix A, be approved .

That the Essex Region Conservation Authority presentation on Source Water Protection, be received.

That Report PWES-2022-24 Source Water Protection 2021 Annual Progress Reports, be received.

That Communications - For Information 1 through 5 as listed on the Tuesday, June 28, 2022 Regular Council Agenda, be received .

Whereas Rail Safety Week is to be held across Canada from September 19 to 25, 2022; Whereas it is in the public’s interest to raise citizens’ awareness of the dangers of ignoring safety warnings at level crossings and trespassing on rail property to reduce avoidable deaths, injuries and damage caused 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 City 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 19 to 25, 2022.

That the April 20, 2022 and May 18, 2022 minutes of the Town of Tecumseh Business Improvement Area as were duplicated and delivered to the members, be accepted .

That the June 7, 2022 minutes of the Court of Revision - Lachance Drain as were duplicated and delivered to the members, be adopted .

That Report CAO-PC-2022-04 entitled “Right to Disconnect Policy”, be received ; And that Attachment 1 to Report CAO-PC-2022-04, “Right to Disconnect Policy” be approved .

That the Parks Capital Projects as summarized in Attachment 1 to Report CRS-2022-9, 2023 - 2026 Parks Capital Works Plan, be a dopted; And that the 2023 - 2026 Parks Capital Projects be funded through the Lifecycle Reserves, the Infrastructure Reserve and available grants as set out in Attachment 1.

That the Municipal Buildings Capital Projects as summarized in Attachment 1 to Report CRS-2022-10, 2023 – 2026 Municipal Buildings Capital Works Plan, be adopted ; And that the 2023 – 2026 Municipal Buildings Capital Projects be funded through the Buildings Lifecycle Reserve.

That Report CRS-2022-12 Essex Power Youth in Community Fund, be received.

That Development Services report DS-2022-24 entitled “Bill 109 - The More Homes for Everyone Act, 2022 – Summary Report and Delegation of Site Plan Approval”, be received ; And that a by-law delegating site plan approval authority to the Director Development Services or, in the Director’s absence, the Manager Planning Services & Local Economic Development, in accordance with Section 41 of the Planning Act , be a dopted ; And further that a by-law authorizing and directing the execution of site plan control agreements by the Clerk and Chief Administrative Officer, which agreements are satisfactory in form and content to the Town’s Solicitor and the Director Development Services or the Manager Planning Services & Local Economic Development, be adopted.

That a by-law authorizing the execution of the “Conseil Scolaire De District Des Écoles Catholiques Du Sud-Ouest” site plan control agreement, satisfactory in form to the Town’s Solicitor, which allows for the introduction of additional parking areas and improvements to existing parking areas, along with on-site services/works on an 11.7 hectare (28.9 acre) parcel of land situated on the south side of St. Gregory’s Road, approximately 225 metres (738 feet) east of its intersection with Manning Road (13605 St. Gregory’s Road), be adopted , subject to the following occurring prior to the Town’s execution of the Agreement: i)final stormwater management design and stormwater management calculations, and associated site service drawings being approved by the Town; ii)the Owner executing the site plan control agreement; and iii)the Owner posting security for performance pursuant to paragraph 6.1 of the agreement; And that the execution of such further documents as are called for by the site plan control agreement approved above including, but not limited to, the execution of the acknowledgement/direction required to register the site plan control 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 agreement, by the Mayor and Clerk and minor modifications as the Director Development Services may approve as necessary and appropriate upon conferring with the Town’s So

That the scheduling of a public meeting, on August 9, 2022 at 6:00 p.m., in accordance with the Planning Act , for the consideration of draft housekeeping amendments to the Town’s Zoning By-laws (By-laws 1746, 2065 and 85-18) having the effect of introducing zoning regulations for Additional Residential Units (ARUs), in accordance with the Town’s Official Plan, be authorized .

That “Site Plan – A1.0”, as prepared by Rosati Construction, and attached hereto as Attachment 2A, which depicts the construction of a 1,366.6 square metre (14,710 square foot) industrial building, along with associated on-site works, on a vacant 0.48 hectare (1.2 acre) property located on the west side of Roscon Industrial Drive, approximately 155 metres (508 feet) south of its intersection with Blackacre Drive (5485 Roscon Industrial Drive), be approved , subject to: the Owner depositing with the Town security in the form of cash or letter of credit in the amount of twenty-five thousand dollars ($25,000) to ensure that all the services and other obligations of the Owner are completed to the satisfaction of the Town, which cash or letter of credit security deposit shall be returned to the Owner upon completion and final inspection of all obligations of the Owner; and storm water management report and associated servicing drawings being approved by the Town; all of which is in accordance with Section 41 of the Planning Act, R.S.O. 1990 .

That Report LCS-2022-21 entitled “Method to Fill Vacancy of the Office of Councillor Ward 1”, be received ; And that direction be given to Administration to conduct the appointment process outlined in Option B of Policy 89, Council Vacancy; And further that the selection of a qualified candidate be scheduled for a Special Council meeting to occur on Tuesday, July 26, 2022 with appointment to follow at the Regular Council meeting of the same date. And furthermore that a Council Vacancy public notice b e posted on the Town’s website and in a local newspaper for three weeks and be funded through the Council advertising budget.

That Mr. Nick Aujla, located at 12245 Westlake Drive, be granted an exemption from the Town’s Noise By-law No. 2002-07, as amended, on Thursday, July 7 and Friday, July 8, 2022, to permit music entertainment from 6 pm to 11:30 pm and at India 47, 1640 Lesperance Rd on July 6, 2022 from 6 pm to 11:30 pm; And that the area residents be informed by Mr. Nick Aujla of this exemption from the Noise By-law, and Administration communicate the exemption to the OPP; And further 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 Friday, July 15 and Saturday July 16 th from 12 pm to 11:30 pm and Sunday July 17, from 12 pm to 11:00 pm to permit musical entertainment for a Community Festival at St. Charbel Antonin Maronite Catholic Church outdoor grounds located at 5700 Outer Drive, Tecumseh (event); And that the OPP be informed of this exemption from the Noise-By-Law and the applicant also notify residents; And further that the OPP be requested to monitor the event for concerns and/or complaints respecting the emissions of sound, resulting from musical entertainment.

That Report LCS-2022-22 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 Town Noise By-Law 2022-07, as amended, on Saturdays starting on Saturday July 9, 2022 between the hours of 9 pm and 11:30 pm to permit music entertainment for the summer months ending September 25, 2022; 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 further more that concerns and/or complaints respecting the emission of sound, resulting from the entertainment, are to be monitored ; And furthermore over that the Chief Administrative Officer be given authority to revoke the exemption granted to Tabouli by Eddy’s for non-compliance with this exemption and emitting noise outside of the exempted days and hours.

That Mayor Gary McNamara be appointed proxyholder for the Town of Tecumseh to cast its shareholder’s votes at Essex Power Corporation’s 2022 Shareholders’ Annual Meeting scheduled to be held on Wednesday, June 29, 2022; And that Mr. Tom Burton be appointed as an alternate proxyholder for the Town of Tecumseh to cast its shareholder’s votes at Essex Power Corporation’s 2022 Shareholders’ Annual Meeting, if Mayor Gary McNamara is absent from the meeting; And further that the Acting Clerk be authorized to sign all necessary proxy forms to implement this resolution and to forward them to Essex Power Corporation.

That Report PWES-2022-18 Request to Levy 2021 Municipal Drain Maintenance Costs, be received ; And that By-Law 2022-045 to levy maintenance costs for the drains attached in Appendix A, be adopted .

That the Watermain Replacement Project: Centennial Drive & Woodridge Drive be added to the 2022 Public Works & Engineering Services Capital Works Plan, with detailed design commencing in September 2022; A nd that the total project expenditures of $3,500,000 be funded through the Watermain Reserve Fund, with the understanding that the Town’s anticipated net costs will be $933,450 under the Investing in Canada Infrastructure Program: Green Stream Stage II, 2021 Intake; And further t hat a by-law be prepared to authorize the Mayor and Clerk to sign a Transfer Payment Agreement between Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Infrastructure for the Province of Ontario (“Province”) 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 Investing in Canada Infrastructure Program: Green Stream Stage II, 2021 Intake for the Watermain Replacement Project: Centennial Drive & Woodridge Drive that includes: Centennial Drive from Riverside Drive to St. Thomas Street Woodridge Drive from Dillon Drive to St. Thomas Street Interconnections with Little River Boulevard and St. Thomas Street.

That the tender for the Tecumseh Road Storm Sewer and Road Improvements in the amount of $4,859,000 excluding HST be awarded to Coco Paving Inc. A nd that a by-law be prepared to authorize the Mayor and Clerk to execute an agreement, satisfactory in form to the Town’s solicitor, with Coco Paving Inc. And further that funding allocations, reflecting a total budget requirement of $5,809,500 with a $1,021,400 increase to the original allocation be accommodated as follows: • Road Lifecycle Reserve – increase from $2,687,200 to $2,992,800 • Watermain Reserve Fund – increase from $67,000 to $93,300 • Wastewater Sewers Reserve Fund – increase from $38,300 to $112,200 • Storm Sewer Lifecycle Reserve – increase from $1,995,600 to $2,611,200

That the Tecumseh Hamlet Secondary Plan Area – Northwest Water & Wastewater Infrastructure Projects be added to the 2022 Public Works & Engineering Services Capital Works Projects; And that expenditures for the completion of detailed engineering design for the Tecumseh Hamlet Secondary Plan Area – Northwest Water & Wastewater Infrastructure Projects, be authorized and funded from : $300,000 from the Watermain Reserve Fund $720,000 from the Wastewater Sewer Reserve Fund; And further that the project management costs of $40,000 for 2022 and $500,000 for 2023, to assist with the delivery of the 2022 and 2023 Public Works & Engineering Services Capital Works Projects as contained within the May 5, 2022 Special Council Meeting Presentation, including the Tecumseh Hamlet Secondary Plan Area – Northwest Water & Wastewater Infrastructure Projects, be authorized and funded from : $135,000 from the Road Lifecycle Reserve $135,000 from the Watermain Reserve Fund $135,000 from the Wastewater Sewer Reserve Fund $135,000 from the Storm Sewer Lifecycle Reserve;

That the Oldcastle Stormwater Master Plan, be adopted.

That Report PWES-2022-32 Lesperance Road VIA Rail Crossing Improvements – Tender Results, be received ; And t hat the single tender received for the Lesperance Road VIA Rail Crossing Improvements be rejected due to the bid being significantly over budget.

That the purchase of a 2022 Ford F150 Crew Cab, XL 4x4 from East Court Ford Lincoln in the amount of $56,999 plus non-refundable HST and emergency services outfitting at a cost of $10,661 plus non-refundable HST be authorized ; And that the $8,851 allocation deficit be funded from the Lifecycle Fleet Reserve; And further that the funding allocation for fleet replacement be adjusted to reflect current vehicle replacement costs as part of the 2023 Operational Budget.

That Report TCS-2022-05, regarding the Farm 911 Emily Project, be received ; And that the Application for Farm 911 Emily Project Access Point be approved for use; And further that the Town’s Fees & Charges By-law 2021-096 be amended to include a fee for “Emily Project Access Point (EPAP) - Civic Addressing Sign” of $40.00 in Public Works section under Schedule ‘E’; And furthermore that Farm 911- Emily Project Access Point (EPAP) Policy/Procedures, as attached to this report, be approved .

That By-Law 2022-044 being a by-law to amend By-Law No. 2003-58, being a by-law to prohibit parking on private property without consent of the owner or occupant and to provide for the towing away of motor vehicles thereon; That By-Law 2022-045​ being a by-law to assess actual costs incurred for maintenance of various drains; That By-Law 2022-046 being a by-law to authorize the execution of a Site Plan Control Agreement between The Corporation of the Town of Tecumseh and Greater Essex County District School Board; That By-Law 2022-047 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 6780HO – 6780 Holden Road Condition of Consent Application B-01-22); That By-Law 2022-048 being a by-law to confirm and appoint certain officers, servants and employees of The Corporation of the Town of Tecumseh; That By-Law 2022-049 being a by-law to appoint an authorized person to approve site plan control applications on behalf of the municipality; That By-Law 2022-050 being a By-law to authorize the execution of an agreement between The Corporation of the Town of Tecumseh and Coco Paving Inc. for the construction of the Tecumseh Road East - Street and Storm sewer Improvements. Be given first and second reading.

That By-Law 2022-044 being a by-law to amend By-Law No. 2003-58, being a by-law to prohibit parking on private property without consent of the owner or occupant and to provide for the towing away of motor vehicles thereon; That By-Law 2022-045​ being a by-law to assess actual costs incurred for maintenance of various drains; That By-Law 2022-046 being a by-law to authorize the execution of a Site Plan Control Agreement between The Corporation of the Town of Tecumseh and Greater Essex County District School Board; That By-Law 2022-047 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 6780HO – 6780 Holden Road Condition of Consent Application B-01-22); That By-Law 2022-048 being a by-law to confirm and appoint certain officers, servants and employees of The Corporation of the Town of Tecumseh; That By-Law 2022-049 being a by-law to appoint an authorized person to approve site plan control applications on behalf of the municipality; That By-Law 2022-050 being a By-law to authorize the execution of an agreement between The Corporation of the Town of Tecumseh and Coco Paving Inc. for the construction of the Tecumseh Road East - Street and Storm sewer Improvements. Be given third and final reading.

That By-Law 2022- 051 being a by-law to confirm the proceedings of the Tuesday, June 28, 2022, 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, June 28, 2022 meeting of the Regular Council be adjourned at 10:34 pm.