The Corporation of the Town of Essex

Drainage Board

Consideration of Report Minutes

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Shaheen Room, Essex Centre Sports Complex, 60 Fairview Avenue West
Present:
  • Member - Bezaire Arevalo, Daniel
  • Chair - Sauve, Danny
  • Vice Chair - Dufour, Percy
  • Member - Pocock, Tiffany
Regrets:
  • Member - Dougherty, Janice
Also Present:
  • Lindsay Dean, Drainage Superintendent
  • Tanya Tuzlova, Recording Secretary
  • Norm Nussio, Manager, Operations and Drainage
  • Joseph Malandruccolo, Director, Legal and Legislative Services/Clerk
  • Kevin Girard, Director, Infrastructure Services
General Public:

  • Mark D. Hernandez, Professional Engineer, Dillon Consulting Limited (Delegate)

    Scott Pitsch, Professional Geoscientist, RDWI Consulting Engineers and Scientists

     

Rush Drain Relocation Amendments

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.

Present from Essex Town Centre: Peter Valente, Amy Valente-Sarkis, Andrew Colautti

Present from Sturgeon Woods: Mike and Sam Mazella

1.
Call to Order

 

The Chair called meeting to order at 5:01 PM.

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.
Declarations of Conflict of Interest

 

4.
Adoption of Published Agenda

 

4.1
Drainage Board Meeting Agenda for May 15, 2025

 
  • DB-25-05-06
    Moved ByDaniel Bezaire Arevalo, Member
    Seconded ByTiffany Pocock, Member

    That the published agenda for the May 15th, 2025, Drainage Board be adopted as presented.

    Carried

5.
Adoption of Minutes

 

5.1
Adoption of Minutes for April 30, 2025

This item has attachments. 
1.Post-Meeting Minutes - Drainage Board - Consideration of Report_Apr30_2025_LD_JM.pdf
  • DB-25-05-07
    Moved ByPercy Dufour, Vice Chair
    Seconded ByTiffany Pocock, Member

    That the minutes of the Drainage Board Meeting held April 30th, 2025, be adopted as circulated.

    Carried

5.2
Adoption of Minutes for May 7, 2025

This item has attachments. 
1.Post-Meeting Minutes - Drainage Board - Consideration of Report_May07_2025_LD.pdf
  • DB-25-05-08
    Moved ByDaniel Bezaire Arevalo, Member
    Seconded ByPercy Dufour, Vice Chair

    That the minutes of the Drainage Board Meeting held May 7th, 2025, be adopted as circulated.

    Carried

6.
Rush Drain

This item has attachments. 
1._Notice 15May25 Rush Drain_LD_JM.pdf
2._Rush Drain Relocation Amendment Report (2 May 2025).pdf

6.1
Written Appeals Received by the Due Date

 

Joseph A. Malandruccolo, Director, Legal & Legislative Services/Clerk, informed that no written appeals were received by the Clerk’s Office by the due date.

6.2
Written Appeals Received after the Due Date

 

Joseph A. Malandruccolo, Director, Legal & Legislative Services/Clerk, informed that no written appeals were received by the Clerk’s Office after the due date.

6.3
Verbal Report by Mark D. Hernandez

 

Mark D. Hernandez, Professional Engineer, Dillon Consulting Limited, presented a detailed review of the report. Mr. Hernandez noted that two roll numbers in schedule C-2 were flipped, therefore, he will prepare a revised copy of the schedule to be distributed with the Court of Revision notice. 

Percy Dufour, Drainage Board Member, asked if it is known to which site the contaminated soil will be disposed of. 

Mr. Hernandez replied that the contaminated soil will be disposed of at a licensed landfill. 

Tiffany Pocock, Drainage Board Member, asked if the source of contamination is known. 

Mr. Hernandez replied that finding the source of contamination is not within the scope of this report. 

Kevin Girard, Director, Infrastructure Services, noted that the scope of this project is to prepare a supplemental report to complete the Rush Drain relocation. Mr. Girard added that the Town is working on a supplemental study to investigate the contamination. 

  • DB-25-05-09
    Moved ByPercy Dufour, Vice Chair
    Seconded ByDaniel Bezaire Arevalo, Member

    That the verbal report from Mark D. Hernandez, Professional Engineer, Dillon Consulting Limited, be received.

    Carried

6.4
Public Delegations/Presentations

 

Andrew Colautti, lawyer for the Essex Town Centre, noted that the report states that the contamination is coming from north-east to south-west, and asked if the engineer took into consideration the direction of contamination while assessing the project cost. 

Joseph A. Malandruccolo, Director, Legal & Legislative Services/Clerk, noted that the purpose of this meeting is to discuss the technical merits of the report and assessments will be discussed at the Court of Revision meeting. 

Mr. Colautti noted that the assessment of his client, Essex Town Centre, has increased significantly in comparison with the initial report and he would like to discuss the assessments, but he is not allowed. 

Joseph A. Malandruccolo, Director, Legal & Legislative Services/Clerk, reiterated that assessments will be discussed at the Court of Revision meeting. 

Peter Valente, Essex Town Centre, noted that it is important to find the source of contamination to protect the property owners of adjacent lands. Mr. Valente asked if finding the source of contamination may help in addressing the contamination for the Rush Drain. 

Scott Pitsch, Professional Geoscientist, RDWI Consulting Engineers, noted that the scope of his report is to provide the remediation plan for the ditch and that does not include searching for the source of contamination. 

Danny Sauve, Drainage Board Chair, asked if finding the source of contamination was in the scope of this report. 

Mr. Girard noted that the scope of this project under Section 78 was to facilitate the development of Essex Town Centre. He added that an additional report will be prepared in relation to the adjacent lands outside of this process.  

Tiffany Pocock, Drainage Board Member, asked how the proposed design will address the contamination issue. 

Mr. Hernandez explained the technical details of the proposed design to address the contamination. 

Ms. Pocock further asked about the timeline of the additional report in relation to the Rush Drain report. 

Mr. Girard replied that a consultant will address the lands outside of Rush Drain, but there is no timeline or specifics of that additional report at this time. Mr. Girard added that Rush Drain report will provide a functioning and protected watercourse which provides drainage for the subdivision. Mr. Girard further noted that the report will provide for a clear delineation between contaminated and non-contaminated lands and that will help to address the lands outside of the contaminated area through a separate report that is outside of the Drainage Act. 

There were no further questions. 

  • DB-25-05-10
    Moved ByDaniel Bezaire Arevalo, Member
    Seconded ByTiffany Pocock, Member

    That the public presentations be received. 

    Carried

6.5
Decision

 
  • DB-25-05-11
    Moved ByDaniel Bezaire Arevalo, Member
    Seconded ByTiffany Pocock, Member

    That the report provided by Mark D. Hernandez, Professional Engineer, Dillon Consulting Limited, regarding Rush Drain Relocation Amendments, dated May 2nd, 2025, File No.19-1023, in the Town of Essex, be recommended for adoption and that the provisional by-law be prepared for Council’s consideration.

    Carried

7.
Adjournment

 
  • DB-25-05-12
    Moved ByDaniel Bezaire Arevalo, Member
    Seconded ByTiffany Pocock, Member

    That the meeting be adjourned at 5:29PM.

    Carried
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