Regular Council Meeting Agenda

Tuesday, February 22, 2022 at 6:00 P.m. - 9:00 P.m.

Location: https://www.youtube.com/user/EssexOntario

​Accessible formats or communication supports are available upon request. Please contact the Clerk’s Office at [email protected] or 519-776-7336 extension 1100 or 1101.

 

This meeting will be hosted and chaired from the Town of Essex Municipal Building. Due to the ongoing COVID-19 pandemic this meeting is not currently open to the public for in person attendance. This meeting can be viewed by the public electronically via livestream and post-meeting on YouTube at www.youtube.com/EssexOntario

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1.

Call to Order

2.

Land Acknowledgement

We acknowledge that this land is the traditional territory of the Three Fires Confederacy of First Nations (comprised of the Ojibway, the Odawa, and the Potawatomi Peoples), and of the Huron-Wendat Peoples. We value the significant historical and contemporary contributions of local and regional First Nations and all of the Original Peoples of Turtle Island who have been living and working on the land from time immemorial.

3.

National Anthem

4.

Closed Meeting Report

5.

Declarations of Conflict of Interest

6.

Adoption of Published Agenda

6.1

Regular Council Meeting Agenda for February 22, 2022

• That the published agenda for the February 22, 2022 Regular Council Meeting be adopted as presented / amended.

7.

Adoption of Minutes

7.1

Regular Council Meeting Minutes for February 7, 2022

• That the minutes of the Regular Council Meeting held February 7, 2022 be adopted as circulated.

7.2

Special Council Meeting Minutes for November 15, 2021

• That the minutes of the Special Council Meeting held November 15, 2021 be adopted as circulated.

7.3

Special Council Meeting Minutes for November 29, 2021

• That the minutes of the Special Council Meeting held November 29, 2021 be adopted as circulated.

8.

Public Presentations

8.1

Rita Jabbour, Manager, Planning Services on behalf of the Essex Municipal Heritage Committee

RE: 2022 Community Preservation Award

Congratulations to Tony Boudreau, recipient of the 2022 Community Preservation Award as selected by the Essex Municipal Heritage Committee.

• That the presentation made by Rita Jabbour, Manager, Planning Services on behalf of the Essex Municipal Heritage Committee be received; and
  That Council extends their congratulations to Tony Boudreau, 2022 Community Preservation Award recipient.

8.2

Shawn Mulder, Resident

RE: County Road 20 (King Street East) and the County of Essex Rehabilitation Program

• That the presentation by Shawn Mulder regarding County Road 20 and the County of Essex Rehabilitation Program be received.

9.

Unfinished Business

10.

Reports from Administration

10.1

Development Services-2022-01

RE: Results of New Official Plan Request for Proposal 

Recommended Action:

• That Development Services-2022-01 report entitled Results of New Official Plan Request for Proposal prepared by Lori Chadwick, Director, Development Services dated February 22, 2022 be received;

  That Council award the consulting services contract for the Town of Essex New Official Plan to WSP Canada Inc. in the amount of $111,920.74 including non-refundable HST; and

  That Council approve an additional $1,920.74 for consulting services and an additional $2,500.00 for printing costs for a total of $4,420.74 to be funded from the Contingency Reserve - Planning & Zoning.

10.2

Development Services-2022-02

RE: Final Development Standards Manual

Recommended Action:

• That Development Services Report 2022-02 entitled Final Development Standards Manual prepared by Lori Chadwick, Director, Development Services dated February 22, 2022 be received; and

  That Council approve and adopt the Town of Essex Development Standards Manual as presented at the February 22, 2022 meeting which may be further amended from time to time as necessary or required.

10.3

Finance and Business Services-2022-05

RE: Procurement By-Law – Revisions to the Procurement Principles, Procedures, Thresholds and Authorizations

Recommended Action:

• That Finance and Business Services Report 2022-05 entitled Procurement By-Law – Revisions to the Procurement Principles, Procedures, Thresholds and Authorizations prepared by Jackson Tang, Assistant Manager, Business Services dated February 22, 2022, be received; and

  That By-Law 2129 being a by-law to adopt a policy for the procurement and disposal of goods and services, be read a first, a second time and be provisionally adopted on February 22, 2022.

10.3.1

By-Law 2129

10.4

Parks and Facilities-2022-03

RE: Skate Shop Lease Renewal at Essex Centre Sports Complex

Recommended Action:

• That Parks and Facilities-2022-03 report entitled Skate Shop Lease Renewal at Essex Centre Sports Complex prepared by Jake Morassut, Manager, Parks and Facilities dated February 22, 2022 be received; and

  That By-Law 2127 be read a first time, a second time and be provisionally adopted on February 22, 2022.

10.4.1

By-Law 2127

10.5

Finance and Business Services-2022-02

RE: Tax Adjustments - Section 357(1), Section 358 and Section 359

Recommended Action:

• That Finance and Business Services-2021-04 report entitled Tax Adjustments – Section 357.(1), 358 and 359 prepared by Kate Giurissevich, CPA, CA dated February 22, 2022 be received; and

  That Council approve the cancellation, reduction, refund, or increase of taxes in accordance with the provisions of Section 357(1), Section 358 and Section 359 of the Municipal Act, 2001.

10.6

Economic Development-2022-03

RE: Building Report and Development Overview January 2022

Recommended Action:

• That Economic Development-2022-03 report entitled Building Report and Development Overview January 2022 prepared by Nelson Silveira, Economic Development Officer dated February 22, 2022, be received for information.

10.7

Legal and Legislative Services-2022-07

RE: Court of Revision for Brush Drain: Repair and Improvement

Recommended Action:

• That the following three (3) members of the Drainage Board: Kirk Carter, Percy Dufour and Felix Weigt-Bienzle be appointed to sit as members of the Court of Revision to be convened for the Brush Drain: Repair and Maintenance, Geographic Township of Colchester North, Project REI2020D030 pursuant to the Report prepared by Gerard Rood, Professional Engineer, Rood Engineering Inc., and dated December 23, 2021 (hereinafter the “Report”), such Court of Revision to be scheduled for 5:00 pm on March 22, 2022 via electronic meeting; and

  That By-Law 2131 being a by-law to provide for the Brush Drain: Repair and Maintenance, Geographic Township of Colchester North, Project REI2020D030, be read a first and second time and be provisionally adopted on February 22, 2022.

10.7.1

By-Law 2131

10.8

 Legal and Legislative Services-2022-08

RE: Court of Revision for Brooks Drain: Maintenance Schedule

Recommended Action:

• That the following three (3) members of the Drainage Board: Kirk Carter, Percy Dufour and Felix Weigt-Bienzle be appointed to sit as members of the Court of Revision to be convened for the Brooks Drain: Maintenance Schedule, Geographic Township of Colchester South, Project REI2020D026 pursuant to the Report prepared by Gerard Rood, Professional Engineer, Rood Engineering Inc., and dated December 21, 2021 (hereinafter the “Report”), such Court of Revision to be scheduled for 5:00 pm on March 22, 2022 via electronic meeting; and

  That By-Law 2130 being a by-law to provide for the Brooks Drain: Maintenance Schedule, Geographic Township of Colchester North, Project REI2020D026, be read a first and second time and be provisionally adopted on February 22, 2022.

10.8.1

By-Law 2130

11.

Reports from Youth Members

12.

County Council Update

12.1

Essex County Council Regular Meeting Minutes - January 19, 2022

• That the minutes of the Regular County Council Meeting held January 19, 2022 be received.

13.

Correspondence

13.1

Correspondence to be received

• That all of the correspondence listed in Agenda Item 13.1 be received and, where indicated, to further share such information with the community using suitable methods of communication.

13.1.1

Association of Municipalities Ontario

RE: Policy Update - Housing Affordability Task Force Report, Call to Re-examine Hospital Capital Funding

13.1.2

The Corporation of the City of Brantford

RE: Addressing the Revolving Door of Justice – Accountability for Sureties and Swift Justice

13.1.3

The Corporation of the City of Sarnia

RE: "Catch and Release" Justice

13.1.4

The Corporation of the City of Sarnia

RE: Dissolve Ontario Land Tribunal

13.1.5

Town of Halton Hills

RE: Dissolve Ontario Land Tribunal

13.1.6

Clearview

RE: Funding Support for Infrastructure Projects - Bridge/Culvert Replacements in Rural Municipalities

13.1.7

Health Canada

RE: Response to Town of Essex's Concerns relating to The Cannabis Act and Cannabis Regulations

13.2

Correspondence to be considered for receipt and support

13.2.1

City of Windsor

RE: Rent Supplement Program Expiries and Mitigation Strategy - City Wide

• That the correspondence from the City of Windsor entitled Rent Supplement Program Expires and Mitigation Strategy - City Wide be received or received and supported.

13.2.2

Property Standards Committee

RE: Extension of Ray Beneteau's Term with the Property Standards Committee 

• That the request from Ray Beneteau requesting that his appointment to the Property Standards Committee be extended to November 15, 2022 to coincide with the end of the current term of Council be received or received and supported.

13.2.3

Arts, Culture and Tourism Committee

RE: Resignation of Jeannette Kervoelen from the Arts, Culture and Tourism Committee

• That a letter be sent to Jeannette Kervoelen thanking her for her time spent on the Arts, Culture and Tourism Committee.

14.

Committee Meeting Minutes

• That all the Committee Meeting minutes listed in Agenda Item 14, together with any recommendations to Council noted therein, be received, approved and adopted as circulated.

14.1

Essex Heritage Committee - October 28, 2021

14.2

Co-An Park - November 24, 2021

14.3

Essex Heritage Committee - January 27, 2022

15.

Financial

16.

New Business

16.1

Councillor Bondy

RE: Improve the level of safety at the intersection of County Road 23 and County Road 20

Correspondence from the County of Essex to the Municipality of Kingsville dated June 25, 2021

• That Essex Council request that the County of Essex lower the speed limit approaching the intersection, paint road markings, install a flashing stop sign and complete the road markings as per the recommendation in the correspondence from the County of Essex to the Municipality of Kingsville dated June 25, 2021.

17.

Notices of Motion

17.1

The following Notice of Motion were presented at the February 7, 2022 Regular Council Meeting and are being brought forward this evening for Council's consideration:

17.1.1

Councillor Bondy

• Moved by Councillor Bondy

  That Council give direction to Administration to explore and report back the cost of rehabilitating County Road 20 from Walnut Street easterly to the County of Essex Connecting Link limit in the Community of Harrow, and that the County of Essex be consulted on completing this in partnership under the connecting link agreement.

17.1.2

Councillor Verbeek

• Moved by Councillor Verbeek

  That Council have a discussion regarding the return to in-person meetings.

18.

Reports and Announcements from Council Members

19.

By-Laws

19.1

By-Laws that require a third and final reading

19.1.1

By-Law 2122

Being a by-law to confirm the proceedings of the February 7, 2022, Regular Meeting of Council of The Corporation of the Town of Essex

• That By-Law 2122 being a by-law to confirm the proceedings of the February 7, 2022, Regular Meeting of Council of The Corporation of the Town of Essex be read a third time and finally passed on February 22, 2022.

19.2

By-Laws that require a first, second, third and final reading

19.2.1

By-Law 2126

Being a by-law to adopt the 2022 Operating and Capital Budget

• That By-Law 2126 being a by-law to adopt the 2022 Operating and Capital Budget be read a first, a second and a third time and finally passed on February 22, 2022.

19.2.2

By-Law 2057

RE: Pathway to Potential Service Contract

Being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Essex and The Corporation of the City of Windsor

• That By-Law 2057 being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Essex and The Corporation of the City of Windsor be read a first, a second, and a third time and finally passed on February 22, 2022.

19.2.3

By-Law 2133 

Being a by-law to provide for the issue of debentures in the amount of $281,136.07 for works completed for drains

• That By-Law 2133 being a by-law to provide for the issue of debentures in the amount of $281,136.07 for works completed for drains be read a first, a second and a third time and finally passed on February 22, 2022.

19.3

By-Laws that require a first and second reading

19.3.1

By-Law 2134

Being a by-law to confirm the proceedings of the February 22, 2022, Regular Meeting of Council of The Corporation of the Town of Essex

• That By-Law 2134 being a by-law to confirm the proceedings of the February 22, 2022, Regular Meeting of Council of The Corporation of the Town of Essex be read a first, a second and be provisionally adopted on February 22, 2022.

20.

Adjournment

• That the meeting be adjourned at [TIME].

21.

Future Meetings

21.1

Monday, February 28, 2022 - 5:30 - 7:30 PM Special Council Meeting

RE: Ward 3 Council Vacancy Applications

Location: Electronic Meeting via Zoom
Livestream Available at www.youtube.com/Essex/Ontario

21.2

Monday, March 7, 2022 - 4:30 - 6:00 PM Special Council Meeting

RE: Rezoning to Permit Short Term Rentals

Location: Electronic Meeting via Zoom
Livestream Available at www.youtube.com/Essex/Ontario

21.3

Monday, March 7, 2022 - 6:00 - 9:00 PM Regular Council Meeting

Location: Electronic Meeting via Zoom
Livestream Available at www.youtube.com/Essex/Ontario