The Corporation of the Municipality of

Chatham-Kent

Chatham-Kent Council – Electronic Meeting

Monday, December 05, 2022 at 6:00 P.m. - 10:00 P.m.

Council Chambers, Chatham-Kent Civic Centre

Present:

• Mayor Canniff, 
• Councillor Allin, 
• Councillor Anderson, 
• Councillor Bondy, 
• Councillor Ceccacci, 
• Councillor Doyle, 
• Councillor Finn, 
• Councillor Hall, 
• Councillor Jubenville, 
• Councillor McGrail, 
• Councillor B. McGregor, 
• Councillor C. McGregor, 
• Councillor Pinsonneault, 
• Councillor Storey, 
• Councillor Thompson, 
• and Councillor Wright 

Absent:

• Councillor Crew 
• and Councillor Harrigan 

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1.

Call to Order

2.

Disclosures of Pecuniary Interest (Direct or Indirect) for Closed Session Agenda Items and the General Nature There Of

3.

Supplementary Closed Session Agenda Items

4.

Recess to Closed Session

That Council move into a Closed Session Meeting of Council pursuant to Section 239 of the Municipal Act, 2001, as amended, for the following reasons:

• Position, plan, procedure, criteria or instruction to be applied to any negotiations carried on by the municipality with regard to Community Support Agreement- Battery Project. Section 239(2)(k), Municipal Act, 2001.
• Advice that is subject to solicitor-client privilege and a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on by the municipality with regard to Audit Contract. Section 239(2)(f) & (k), Municipal Act, 2001.

5.

Adjournment of Closed Session

6.

Resumption of Open Council Meeting – 5:00 p.m.

7.

Singing of the National Anthem

8.

Land Acknowledgement

9.

Approval of Supplementary Agenda

There was no supplementary agenda.

10.

Disclosures of Pecuniary Interest (Direct or Indirect) for Open Session Agenda Items and the General Nature There Of

There were no disclosures of pecuniary interest.

11.

Recognition

a.

Recognition of former Members of Council

Mary Clare Latimer
Karen Kirkwood-Whyte
Mark Authier
Joe Faas
Doug Sulman

These former Councillors were recognized for their years of service and contributions to the Municipality of Chatham-Kent.

12.

Deputations – items on current agenda

Council received the following deputations for items on the current agenda:

Item 18(b) – Councillor Appointments to Committees of Council and Local Boards
•    Phil and Anne Lenoir 
•    Pat Sylvain

Item 18(d) – Motion of Councillor Allin re: Vaccination Policy for Council and Committee Members
•    Rick Nicholls
•    Shelley Chruscik
•    Susan Beth Martin for Dr. Steven Pelech
•    Carmel Marrentette
•    Paula Roy
•    Mary Lou Muschik
•    Jackie Gladstone
•    Kim Iles
•    Jane LaBute
•    Jennifer Pietens
•    Elizabeth Delange

13.

Consent Agenda

The Municipal Clerk explained that all administrative reports and notices of motion would be listed under the Consent Agenda.  Council would have the opportunity to pull any items of the consent agenda and place them aside to be discussed or voted on separately.  All items not placed aside would be voted on in one motion.

The Municipal Clerk noted that the following items have been placed aside for discussion and voting:

• Item 15(d) - Hexagon iCAD solution for Next Generation 9-1-1Item 16(a) - Special Events - Process, Application and Information
• Item 16(c) - Motion by Councillor Thompson re Request to include Chatham-Kent into MTO Golf Car Project
• Item 17(a) - 2023 Interim Tax Levy, Due Dates and Borrowing By-laws
• Item 17(e) - 2023 Budget Primer and Inflation Impacts
• Item 18(b) - Councillor Appointments to Committees of Council and Local Boards
• Item 18(d) - Motion by Councillor Allin re Vaccination Policy for Council and Committee Members

• Moved Councillor Finn
  Seconded Councillor Doyle

  “That the following items be approved as presented: 14(a), 14(b), 15(a), 15(b), 15(c), 16(b), 16(d), 17(b), 17(c), 17(d), 18(a), 18(c).”

  Yes (16)	Mayor Canniff, Councillor Bondy, Councillor Ceccacci, Councillor Finn, Councillor Hall, Councillor McGrail, Councillor B. McGregor, Councillor C. McGregor, Councillor Pinsonneault, Councillor Thompson, Councillor Wright, Councillor Allin, Councillor Anderson, Councillor Doyle, Councillor Jubenville, and Councillor Storey
  Absent (2)	Councillor Crew, and Councillor Harrigan

  Motion Carried (16 to 0)

14.

Council Meeting and Committee Meeting Minutes

a.

Council Meeting Minutes from its meeting held on November 21, 2022

These minutes were approved as part of the Consent Agenda.

b.

Drainage Board Recommendations from its meeting held on November 15, 2022

These minutes were approved as part of the Consent Agenda.

15.

Tender Awards

a.

Tender Award T22-322, Transit Shelter Maintenance and Repairs

This report was approved as part of the Consent Agenda.

b.

Contract Award T22-127-F Concrete Curb, Sidewalk and Driveway Repairs

This report was approved as part of the Consent Agenda.

c.

T22-356 Janitorial Services, Housing Assets

This report was approved as part of the Consent Agenda.

d.

Hexagon iCAD solution for Next Generation 9-1-1

• Moved Councillor Ceccacci
  Seconded Councillor Finn

  "That

  1. The Hexagon iCAD licenses and hardware required for the Next Generation 9-1-1 backup site, be sole sourced to Hexagon Safety at a cost of $142,570.
  2. The total cost of $142,570 (including HST) be funded from the NEXTGEN capital budget.
  3. Annual software maintenance charges of $13,940 (including HST) be funded from 13903.52171.NG911 existing base budget.
  4. The Director of Information Technology & Transformation be authorized to negotiate and execute the final contracts and terms with Hexagon Safety, subject to the terms and conditions being acceptable to the General Manager, FBITT and Director of Legal Services."

  Yes (16)	Mayor Canniff, Councillor Bondy, Councillor Ceccacci, Councillor Finn, Councillor Hall, Councillor McGrail, Councillor B. McGregor, Councillor C. McGregor, Councillor Pinsonneault, Councillor Thompson, Councillor Wright, Councillor Allin, Councillor Anderson, Councillor Doyle, Councillor Jubenville, and Councillor Storey
  Absent (2)	Councillor Crew, and Councillor Harrigan

  Motion Carried (16 to 0)

16.

Infrastructure and Engineering Services

a.

Special Events - Process, Application and Information (presentation by Genevieve Champagne, Coordinator of Active Transportation and Special Events)

• Moved Councillor C. McGregor
  Seconded Councillor Storey

  “That

  1. The Special Event Manual be amended, as described in this report and outlined in Attachment A: The Special Event Manual to:
     1. increase the time for site restoration from 12 hours to 24 hours after completion of the event.
     2. Outline the application of road-based fees, if approved in the 2023 budget.”

  Yes (16)	Mayor Canniff, Councillor Bondy, Councillor Ceccacci, Councillor Finn, Councillor Hall, Councillor McGrail, Councillor B. McGregor, Councillor C. McGregor, Councillor Pinsonneault, Councillor Thompson, Councillor Wright, Councillor Allin, Councillor Anderson, Councillor Doyle, Councillor Jubenville, and Councillor Storey
  Absent (2)	Councillor Crew, and Councillor Harrigan

  Motion Carried (16 to 0)

b.

Additional Work Required for Q22-308 - Replacement of Pool Liner at Howard Community Pool, Ridgetown

This report was approved as part of the Consent Agenda.

c.

Motion by Councillor Thompson re Request to Include Chatham-Kent into MTO Golf Car Project

Councillor Thompson explained that he has received numerous requests from residents and believes there needs to be a more equitable enforcement framework around golf cart usage in the municipality, noting that the request has to come from the Municipality as the Province will not act on requests from individual residents.

• Moved Councillor Thompson
  Seconded Councillor Ceccacci

  “Whereas on June 3, 2020, the Ministry of Transportation Ontario (MTO) introduced a new pilot project for golf carts, legally referred to as “golf cars”.  The pilot project under Ontario Regulation 407/21 Pilot Project – Golf Cars sets out the broad regulatory framework to allow golf cars on roads on Pelee Island and in Huron-Kinloss and includes operator and vehicle requirements;
  And whereas the pilot is intended to assess these vehicles over a period of ten years in order to examine their ability to safely integrate with other vehicle types and determine whether existing rules of the road are adequate. 
  And whereas there are no plans or communications on opportunities to grow or expand on this pilot project allowing other Municipalities to participate. 
  Therefore be it resolved that Chatham-Kent authorize a letter to appropriate Ministers and MPP’s for possible inclusion of Chatham-Kent communities, like Mitchell’s Bay and Erieau, to be added to the Golf Carts pilot project.”

  Yes (16)	Mayor Canniff, Councillor Bondy, Councillor Ceccacci, Councillor Finn, Councillor Hall, Councillor McGrail, Councillor B. McGregor, Councillor C. McGregor, Councillor Pinsonneault, Councillor Thompson, Councillor Wright, Councillor Allin, Councillor Anderson, Councillor Doyle, Councillor Jubenville, and Councillor Storey
  Absent (2)	Councillor Crew, and Councillor Harrigan

  Motion Carried (16 to 0)

d.

Motion by Councillor Thompson re Safety Improvements to Erieau Beach

This motion was approved as part of the Consent Agenda.

17.

Finance, Budget, Information Technology and Transformation

a.

2023 Interim Tax Levy, Due Dates, and Borrowing By-laws

• Moved Councillor C. McGregor
  Seconded Councillor Hall

  It is recommended that:

  1. The tax rates in Attachment A be adopted for the purpose of calculating taxes levied under the 2023 Interim Tax Levy By-law.

      

  2. The 2023 interim tax levy due dates be Wednesday, March 1 and Monday, May 1, 2023.

      

  3. The 2023 Interim Tax Levy By-law and 2023 Borrowing By-law be approved.

  Yes (13)	Mayor Canniff, Councillor Bondy, Councillor Finn, Councillor Hall, Councillor McGrail, Councillor B. McGregor, Councillor C. McGregor, Councillor Pinsonneault, Councillor Wright, Councillor Allin, Councillor Anderson, Councillor Doyle, and Councillor Jubenville
  Absent (5)	Councillor Ceccacci, Councillor Crew, Councillor Harrigan, Councillor Thompson, and Councillor Storey

  Motion Carried (13 to 0)

b.

External Auditor Contract Correction (information report)

This information report was received for information.

c.

Network Infrastructure Lifecycle Projects

This report was approved as part of the Consent Agenda.

d.

Radio Communications equipment for Next Generation 9-1-1

This report was approved as part of the Consent Agenda.

e.

2023 Budget Primer and Inflation Impacts (presentation by Gord Quinton, General Manager Finance, Budget, Information Technology & Transformation)

The General Manager of Finance, Budget and Information Technology & Transformation provided Council with an overview of the inflation impacts to the 2023 budget.

18.

Corporate Services

a.

Citizen Appointments to Committees of Council & Local Boards for 2022-2026

This report was approved as part of the Consent Agenda.

b.

Councillor Appointments to Committees of Council and Local Boards

Mayor Canniff explained that due to a conflict with meeting schedules, Councillor Pinsonneault requested that he be pulled from the Lower Thames Valley Conservation Authority Board and that Councillor Finn be appointed in his place.

• Moved Councillor B. McGregor
  Seconded Councillor McGrail

  “That the Councillor Appointments to Committees of Council and Local Boards be approved.”

  Yes (16)	Mayor Canniff, Councillor Bondy, Councillor Ceccacci, Councillor Finn, Councillor Hall, Councillor McGrail, Councillor B. McGregor, Councillor C. McGregor, Councillor Pinsonneault, Councillor Thompson, Councillor Wright, Councillor Allin, Councillor Anderson, Councillor Doyle, Councillor Jubenville, and Councillor Storey
  Absent (2)	Councillor Crew, and Councillor Harrigan

  Motion Carried (16 to 0)

c.

Road Dedication By-laws

The report was approved as part of the Consent Agenda.

d.

Motion by Councillor Allin re Vaccination Policy for Council and Committee Members

• Moved Councillor C. McGregor
  Seconded Councillor Hall

  “That the motion by Councillor Allin re Vaccination Policy for Council and Committee members be postponed until such time as the Employee Vaccination and Verification and testing policy is suspended in its entirety.”

  Motion Defeated

   

  Yes (8)	Mayor Canniff, Councillor Ceccacci, Councillor Hall, Councillor B. McGregor, Councillor C. McGregor, Councillor Thompson, Councillor Wright, and Councillor Storey
  No (8)	Councillor Bondy, Councillor Finn, Councillor McGrail, Councillor Pinsonneault, Councillor Allin, Councillor Anderson, Councillor Doyle, and Councillor Jubenville
  Absent (2)	Councillor Crew, and Councillor Harrigan

  Defeated (8 to 8)
• Moved Councillor Allin
  Seconded Councillor Thompson

  “That whereas the previous Council of the Municipality of Chatham-Kent approved a vaccination policy for Council and committee members on October 4, 2021; 

  And whereas the vaccination verification and testing policy for staff and contractors is currently suspended until further notice with the exception of the requirement for new hires of the Municipality to provide proof of vaccination (subject to exemptions due to protected grounds under the Human Rights Code) which is still in force as a condition of their employment.

  Therefore, be it resolved that the vaccination verification and testing policy for Council and committee members be suspended in full, therefore not requiring new Councillors or committee members to be vaccinated or test as a condition of participating in municipal business on municipal premises.”

  Yes (9)	Mayor Canniff, Councillor Bondy, Councillor Finn, Councillor McGrail, Councillor Pinsonneault, Councillor Allin, Councillor Anderson, Councillor Doyle, and Councillor Jubenville
  No (7)	Councillor Ceccacci, Councillor Hall, Councillor B. McGregor, Councillor C. McGregor, Councillor Thompson, Councillor Wright, and Councillor Storey
  Absent (2)	Councillor Crew, and Councillor Harrigan

  Motion Carried (9 to 7)

19.

Notices of Motion

a.

Presentation of new Notices of Motion

Councillor Jubenville presented a notice of motion regarding the suspension of the balance of the Employee Vaccination Verification and Testing Policy for all Municipal Staff which requires new hires to be vaccinated as a condition of hire. This motion will be added to the December 12, 2022 Council agenda for discussion and voting.

20.

Closed Session Reports

• Moved Councillor Hall
  Seconded Councillor Finn

  “That the November 28, 2022 and December 5, 2022 Closed Session reports be received.”

  Yes (16)	Mayor Canniff, Councillor Bondy, Councillor Ceccacci, Councillor Finn, Councillor Hall, Councillor McGrail, Councillor B. McGregor, Councillor C. McGregor, Councillor Pinsonneault, Councillor Thompson, Councillor Wright, Councillor Allin, Councillor Anderson, Councillor Doyle, Councillor Jubenville, and Councillor Storey
  Absent (2)	Councillor Crew, and Councillor Harrigan

  Motion Carried (16 to 0)

21.

Approval of Communication Items

a.

Approval of the December 5, 2022 Council Information Package

• Moved Councillor Anderson
  Seconded Councillor Allin

   “That the December 5, 2022 Council Information Package be approved.”

  Motion Carried

22.

Non Agenda Business

Councillor B. McGregor congratulated all those involved in “The Gift” held in Chatham-Kent on December 3, 2022.  

Councillor McGrail invited everyone to Dresden for their Annual Santa Claus Parade on Saturday, December 10, 2022.

Councillor Pinsonneault congratulated all the service groups in Bothwell for the tree lighting ceremony and invited everyone to the Ridgetown Christmas Parade on December 10, 2022.

Councillor Anderson congratulated those involved in Wheatley’s first night-time parade which included forty floats.

23.

Reading of By-law

a.

First Reading

• Moved Councillor Pinsonneault
  Seconded Councillor Thompson

  "That the by-laws be taken as read for a first time."

  Motion Carried

b.

Second Reading

• Moved Councillor Pinsonneault
  Seconded Councillor Thompson

  “That the By-laws be taken as read for the second time.”

  Motion Carried

c.

Council to go into Committee, if Required, to Discuss By-law

d.

Resumption of Council

e.

Third and Final Reading

1. By-law to provide for drainage work in the Municipality of Chatham-Kent for the Drainage Reassessment for Duke Drain (Upper Portion along Erieau Road), Community of Harwich
2. By-law to provide for drainage work in the Municipality of Chatham-Kent for the Malott Drain – 507822 Ontario Inc. Access Culvert, Community of Tilbury
3. By-law to provide for drainage work in the Municipality of Chatham-Kent for the O’Neill Eskritt Drain – Reconsidered Report, Community of Howard
4. By-law to provide for drainage work in the Municipality of Chatham-Kent for the Craig-Stinson Drain Reassessment, Community of Howard
5. By-law to provide for drainage work in the Municipality of Chatham-Kent for the McTavish Drain, Community of Howard
6. By-law to provide for drainage work in the Municipality of Chatham-Kent for the Taff Creek Drain, Community of Harwich and Howard
7. By-law to provide for drainage work in the Municipality of Chatham-Kent for the Taylor Drain, Community of Harwich
8. By-law to provide for drainage work in the Municipality of Chatham-Kent for the Gladstone Drain Realignment, Community of Orford
9. By-law to provide for drainage work in the Municipality of Chatham-Kent for the Zone Road 6 Drain, Community of Dover
10. By-law to provide for drainage work in the Municipality of Chatham-Kent for the Ligori Drain, Community of Dover
11. By-law to provide for drainage work in the Municipality of Chatham-Kent for the Martin Drain Realignment, Community of Dover
12. By-law to provide for drainage work in the Municipality of Chatham-Kent for the Mount Creek Drain, Community of Dover
13. By-law to provide for drainage work in the Municipality of Chatham-Kent for the Carter Drain Pump Works, Community of Chatham Township
14. By-law to authorize the Mayor and Treasurer of The Municipality of Chatham-Kent to borrow certain sums to meet current expenditures of The Municipality and to act for the Municipality in the Sale, purchase and/or transfer of financial securities for the year 2023
15. By-law to provide for a 2023 interim Tax Levy, an annual minimum levy surcharge, to provide for the payment of taxes and to provide for penalty and interest of fifteen percent per annum
16. By-law to dedicate certain lands for Highway Purposes as part of Yellow Bridge Crescent, Geographic Twp of Romney now in the Municipality of Chatham-Kent
17. By-law to dedicate certain lands for Highway Purposes as part of Goodal Avenue, Former Town of Ridgetown now in the Municipality of Chatham-Kent
18. By-law to dedicate certain lands for Highway Purposes as part of Seventh Line, Geographic Township of Raleigh now in the Municipality of Chatham-Kent
19. By-law to dedicate certain lands for Highway Purposes as part of Prosperity Way, Geographic Township of Raleigh now in the Municipality of Chatham-Kent
20. By-law to dedicate certain lands for Highway Purposes as part of Main Line, Geographic Township of Zone and Euphemia now in the Municipality of Chatham-Kent
21. By-law to confirm proceedings of the Council of The Corporation of the Municipality of Chatham-Kent at its meeting held on the 5th day of December, 2022

• Moved Councillor Bondy
  Seconded Councillor C. McGregor

  “That the by-laws be taken as read for a third time and finally passed.”

  Motion Carried

24.

Resolution Council in Closed Session & Adjournment

The meeting adjourned at 8:55 p.m.

• Moved Councillor Hall
  Seconded Councillor Doyle

  “That Chatham-Kent Council adjourn to its next Meeting to be held on Monday, December 12, 2022 and that Chatham-Kent Council authorize itself to meet in closed session on that day to discuss any matters permitted by The Municipal Act.”

  Motion Carried