The Corporation of the Town of Essex

Regular Council Meeting Minutes

Monday, September 16, 2024 at 6:00 P.m. - 9:00 P.m.

Location: Essex Municipal Building, 33 Talbot Street South and by livestream at https://www.youtube.com/user/EssexOntario

Present:

• Mayor Sherry Bondy
• Deputy Mayor Rob Shepley
• Ward 1 Councillor Joe Garon
• Ward 1 Councillor Katie McGuire-Blais
• Ward 2 Councillor Kim Verbeek
• Ward 3 Councillor Brad Allard
• Ward 3 Councillor Jason Matyi
• Ward 4 Councillor Rodney Hammond

Also Present:

• Doug Sweet, Chief Administrative Officer
• Joseph Malandruccolo, Director, Legal and Legislative Services/Clerk
• Jake Morassut, Director, Community Services
• Kate Giurissevich, Director, Corporate Services
• Lori Chadwick, Director, Development Services
• Kevin Girard, Director, Infrastructure Services
• Lauryn Smith, Youth Council Member

​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.

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1.

Call to Order

Mayor Bondy called the meeting to order at 6:05 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.

National Anthem

Moment of Silence

A moment of silence was observed for Walter McLean a resident from the Harrow Community and an active member in the agricultural community.

4.

Closed Meeting Report

Joe Malandruccolo, Director, Legal & Legislative Services/Clerk reported that on September 3, 2024 at 5:30 PM Council moved into Closed Session as permitted to do so pursuant to Section 239 2(c) (f) and (j) of the Municipal Act, 2001, as amended, to discuss a proposed or pending acquisition or disposition of land by the municipality or local board; for advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and to discuss a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization and to discuss a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value.

Director Malandruccolo further reported that on September 16, 2024 at 4:30 PM Council moved into Closed Session as permitted to do so pursuant to Section 239 2(c) and (j) of the Municipal Act, 2001, as amended, to discuss a proposed or pending acquisition or disposition of land by the municipality or local board and to discuss a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization and to discuss a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value.

5.

Declarations of Conflict of Interest

There were no declarations of conflict of interest noted at this time.

6.

Adoption of Published Agenda

6.1

Regular Council Meeting Agenda for September 16, 2024

• R24-09-381
  Moved By Deputy Mayor Shepley
  Seconded By Councillor Matyi

  That the published agenda for the September 16, 2024 Regular Council Meeting be adopted with the following amendment:

  1. That Agenda Item 17.1.1 be added to allow for the presentment of a Notice of Motion by Councillor Matyi.

  Carried

7.

Adoption of Minutes

7.1

Regular Council Meeting Minutes for September 3, 2024

• R24-09-382
  Moved By Councillor Garon
  Seconded By Deputy Mayor Shepley

  That the minutes of the Regular Council Meeting held September 3, 2024 be adopted as circulated.

  Carried

8.

Public Presentations

8.1

Verbal Report by Council Members regarding the Association of Municipalities of Ontario (AMO) Conference

RE: Association of Municipalities of Ontario 2024 Annual General Meeting and Conference: Update from Council Members

Deputy Mayor Shepley provided a verbal report on the 125th Association of Municipalities of Ontario (AMO) Conference and highlighted important announcements including a new online development tool by Invest Ontario called the Partner Portal which will benefit both local and internal investors and a 200-million-dollar investment to help municipalities build and renew Sports and Recreational Facilities through the new Community Sport Recreation Infrastructure Fund. He further reported on the sessions he attended which included Implementing age friendly communities as an initiative aimed at enhancing the quality-of-life for seniors and diversifying Ontario's leadership.

Councillor Hammond provided a summary of the Premier's speech which outlined the housing crisis and issues impacting communities in Ontario. He further reported on the sessions he attended regarding urban development, Ontario's hydro needs to support a growing population, and an affordable housing innovation.

• R24-09-383
  Moved By Councillor Allard
  Seconded By Councillor McGuire-Blais

  That the verbal report from Council regarding the Association of Municipalities of Ontario 2024 Annual General Meeting and Conference Update be received.

  Carried

8.2

Rick Smith

RE: Driveway on Irwin Avenue

Rick Smith stated that he previously had a 40-foot driveway and received a letter stating that he was only allowed a 25-foot driveway. He explained that a curb cut in front of the garage would leave a patch of grass between the driveway and his sidewalk and a curb cut in front of his sidewalk would leave a curb in front of his garage. He explained that after given the option he chose to have the driveway connecting to his sidewalk and is requesting an extra 5t feet to remove the curb cut for direct access from his garage and onto the road.

Norm Nussio, Manager, Operations and Drainage, explained that consultation occurred with David McBeth, Manager, Capital Works and Asset Management and the resident choose for the driveway to line with the sidewalk. He explained that the guidelines for 25-feet are based on the Development Services Manual (DSM) and the contractor made an error by providing a 30-foot driveway. He noted that if they were to leave it as 30 feet or allow for this exception to the DSM, it could allow other residents to increase the maximum size of their driveway width.

Council discussed this request and directed questions to Administration.

• R24-09-384
  Moved By Councillor Verbeek
  Seconded By Councillor Matyi

  That the delegation by Rick Smith regarding a driveway for his property at 137 Vimy Court be received.

  Carried
• R24-09-385
  Moved By Deputy Mayor Shepley
  Seconded By Councillor Verbeek

  That the request to extend the driveway entrance on Irwin Avenue at the rear of 137 Vimy Court be denied

  Carried

8.3

John Fraser

RE: Entrance width of the Driveway on Irwin Avenue

John Fraser explained that his original driveway permit allowed a curb cut of 25-feet and his current driveway is 19 feet wide. He explained that he consulted with Administration and agreed to a 19-foot driveway however the entrance space of the driveway is only 13 feet wide. He explained that other residents on his block of Irwin have also lost usable entrance space as this section of driveways on Irwin is not flared out. He stated that he requires a larger entrance space, and the additional room was used to park his motorcycle.

• R24-09-386
  Moved By Councillor McGuire-Blais
  Seconded By Councillor Allard

  That the delegation by John Fraser regarding an extension of his driveway at 33 Irwin Avenue be received.

  Carried
• R24-09-387
  Moved By Councillor McGuire-Blais
  Seconded By Councillor Matyi

  That Administration provide a report to Council on the cost associated with reconstructing and widening the driveway approach at 33 Irwin Avenue to provide the full 19-feet at the entrance way.

  Carried

8.4

Essex Optimist Recreational Soccer League and Essex Minor Baseball

RE: Soccer Fields and Baseball Diamonds in Essex

• R24-09-388
  Moved By Councillor Garon
  Seconded By Councillor McGuire-Blais

  That the delegation by Cassandra Finn, Jodie Campeau and Jenna Knapp on behalf of Essex Optimist Recreational Soccer League and Joseph Grondin, Essex Minor Baseball regarding the soccer Fields and Baseball diamonds in Essex be received.

  Carried
• R24-09-389
  Moved By Councillor Verbeek
  Seconded By Deputy Mayor Shepley

  That Council allow the delegates an additional 3 minutes. 

  Carried

8.4.1

Cassandra Finn, Jodie Campeau and Jenna Knapp on behalf of Essex Optimist Recreational Soccer League

Cassandra Finn, President, Essex Optimist Recreational Soccer League highlighted the increased number of participants over the years and explained many concerns surrounding the new soccer fields and baseball diamonds in Essex. She noted concerns with the growth of the grass, the lack of a water source to help with the growth of the grass, the need for electricity, the need sewers for future buildings, limited parking spaces, the need for a building with bathrooms, a concession stand and a storage area for both soccer and baseball. She explained that if these needs were met it would allow them to offer more house league opportunities, and host tournaments.

8.4.2

Joseph Grondin on behalf of Essex Minor Baseball 

Joseph Grondin, Essex Minor Baseball, explained that he met with Council in November 2008 when they lost three diamonds at the former Maplewood Public School and two diamonds at the old Holy Name School. He stated that there are currently four diamonds in Town compared to the previous nine diamonds and roughly 400 adults who played in Town moved elsewhere as we did not have the facilities in Town. He noted that additional diamonds could allow for additional tournaments and could potentially bring adults back into Town.

9.

Unfinished Business

10.

Reports from Administration

10.1

Community Services-2024-37

RE: Community Sport and Recreation Infrastructure Fund (CSRIF) Application

Jake Morassut, Director, Community Services, provided a verbal report on the Community Sport and Recreation Infrastructure Fund Application and stated that by approving the recommendations listed in this report it will allow Administration to proceed with the application for the Community Sport and Recreation Infrastructure Fund. He noted that Essex Centre has faced a critical shortage of sports facilities and Essex Minor Baseball, Essex Minor Soccer, Essex County Ravens Football, and various adult recreational leagues have required additional fields. He explained that Essex currently has four baseball diamonds which includes one baseball diamond suitable for teenagers or adults and four soccer fields which consists of two junior soccer fields and two senior soccer fields. Director Morassut stated that this does not meet the needs of our growing population and expanding recreational demands.

Councillor Hammond left the meeting from 7:22 PM until 7:24 PM.

• R24-09-390
  Moved By Deputy Mayor Shepley
  Seconded By Councillor Garon

  That Community Services Report-2024-37 entitled Community Sport and Recreation Infrastructure Fund (CSRIF) Application be received; and

  That the following resolution be approved by Council for purposes of confirming funding for the Community Sport and Recreation Infrastructure Fund (CSRIF) Application for the further development of the new Essex Centre Sport Fields.

  1. That Council approves the submission of an application to CSRIF Application for the development of the new Essex Centre Sport Fields, and
  2. That should the Town of Essex be successful in receiving 50% of all eligible CSRIF costs submitted, up to a maximum of $10,000,000, the project budget is $16,779,937.04 (including non-refundable tax) and the Town of Essex confirms funding for the remaining $8,389,968.52 (including non-refundable tax) of the total project cost through the funding model described in Table A of the report Community Services Report 2024-37.
  Carried

10.2

Environmental Services-2024-06

RE: Lead in Drinking Water

Rob Mackie, Manager, Environmental Services, explained that at the Regular Council Meeting of May 6, 2024, Council directed Administration to prepare a report on information regarding lead pipes in the Town of Essex. He explained that the lead samples taken July 2023 were below the legislative requirements. He stated that if lead is discovered in Town owned water, Administration will investigate and if lead is discovered on private property, written notice is provided to the property owner.

Councillor McGuire-Blais left the meeting from 7:37 PM until 7:39 PM

• R24-09-391
  Moved By Deputy Mayor Shepley
  Seconded By Councillor Matyi

  That Environmental Services Report-2024-06 entitled, Lead in Drinking Water prepared by Rob Mackie, Manager, Environmental Services dated September 16, 2024, be received for information.

  Carried

10.3

Operations-2024-07

RE: South Talbot Pedestrian Crossings

Norm Nussio, Manager, Operations and Drainage, provided a verbal report on the Notice of Motion that was brought forth by Council to review the feasibility of installing pedestrian crossings at Iler Avenue, Laird Avenue, and Centre Street along South Talbot Road South. He provided background information that Administration conducted in February 2016 and noted that if Council proceeds with the crossings to the trail at Iler, Laird and Centre, the crossings must comply with the Ontario Traffic Manual. He explained that the recommendation is to add a sidewalk on the east side of the road rather than the pedestrian crossings as it will provide cleaner look to the neighborhood without sign pollution.

• R24-09-392
  Moved By Councillor McGuire-Blais
  Seconded By Councillor Garon

  That Operations Report-2024-07 entitled, South Talbot Pedestrian Crossings prepared by Norm Nussio, Manager of Operations and Drainage, dated September 16, 2024, be received for information; and

  That Council direct Administration to return to Council at the 2025 budget deliberations with the cost of installing one pedestrian crossing at Laird Avenue and provide the approximate cost of installing a sidewalk on the east side of the road on Laird Avenue 

  Carried

10.4

Community Services-2024-38

RE: Special Events Resource Team (SERT) – September 2024 Update

• R24-09-393
  Moved By Councillor Verbeek
  Seconded By Councillor Allard

  That Community Services Report-2024-38 entitled Special Event Resources Team (SERT) – September 2024 Update prepared by Jake Morassut, Director, Community Services, dated September 16, 2024, be received for information.

   

  Carried

10.5

Drainage-2024-07

RE: Appointment of an Engineer under Section 4 for a new petition drain and Section 78 for Improvements to the West Townline Drain

• R24-09-394
  Moved By Deputy Mayor Shepley
  Seconded By Councillor Hammond

  That Drainage Report-2024-07 entitled Appointment of an Engineer under Section 4 for a new petition drain and Section 78 for Improvements to the West Townline Drain prepared by Lindsay Dean, Drainage Superintendent dated September 16, 2024 be received;

  That Council receive and proceed with the Petition for new drainage works as filed by the corporation of Colchester Heights West Development for Lot 97, Concession 1 pursuant to Section 4 of the Drainage Act;

  That Council direct Administration to notify the petitioners and Essex Region Conservation Authority of their intention to proceed with the construction of new drainage works; and

  That Spriet Associates London Limited be appointed to prepare a report under the Drainage Act through Section 4 to establish new drainage works and Section 78 for improvements to the West Townline Drain.

  Carried

10.6

Drainage-2024-08

RE: Best Management Practices for Buffer Strips

• R24-09-395
  Moved By Councillor Matyi
  Seconded By Deputy Mayor Shepley

  That Drainage Report-2024-08 entitled Best Management Practices for Buffer Strips prepared by Norm Nussio, Manager of Operations and Drainage dated August 12, 2024, be received for information.

  Carried

10.7

Legal and Legislative Services-2024-05

RE: East Townline Drain – North and South Branches: Repairs and Improvements

• R24-09-396
  Moved By Deputy Mayor Shepley
  Seconded By Councillor Matyi

  That the following three (3) members of the Drainage Board: Janice Dougherty, Daniel  Bezaire Arevalo and Danny Sauve be appointed to sit as members of the Court of Revision to be convened for the East Townline Drain – North and South Branches: Repairs and Improvements, Geographic Township of Essex, Project REI2024D019 Town of Essex, County of Essex pursuant to the Report prepared by Gerard Rood, Professional Engineer, Rood Engineering Inc., and dated July 18, 2024, such Court of Revision to be scheduled for 5:00 pm on October 10, 2024; and

  That By-Law 2372 being a by-law to provide for East Townline Drain – North and South Branches: Repairs and Improvements, Geographic Township of Essex, Project REI2024D019 Town of Essex, County of Essex, be read a first and second time and be provisionally adopted on September 16, 2024.

  Carried

10.8

Legal and Legislative Services-2024-06

RE: Adams Sweet Drain: Section 76 Assessment Schedule

• R24-09-397
  Moved By Councillor Matyi
  Seconded By Councillor Verbeek

  That the following three (3) members of the Drainage Board: Janice Dougherty, Daniel  Bezaire Arevalo and Danny Sauve be appointed to sit as members of the Court of Revision to be convened for the Adams Sweet Drain: Assessment Schedule, Geographic Township of Colchester North, Project REI-2024D018 pursuant to the Report prepared by Gerard Rood, Professional Engineer, Rood Engineering, and dated July 23,  2024, such Court of Revision to be scheduled for 5:00 pm on October 10, 2024; and

  That By-Law 2371 being a by-law to provide for Adams Sweet Drain: Assessment Schedule, Geographic Township of Colchester North, Project REI-2024D018 be read a first and second time and be provisionally adopted on September 16, 2024.

  Carried

10.9

Parks and Facilities-2024-06

RE: Results from RFP-CS-24-003, Supply of Janitorial Services for Town of Essex Facilities

• R24-09-398
  Moved By Councillor McGuire-Blais
  Seconded By Councillor Allard

  That Parks and Facilities Report-2024-06 entitled Results from RFP for Supply of Janitorial Services for Town of Essex Facilities prepared by Rodney Klie, Manager, Parks and Facilities dated September 16, 2024, be received;

  That Council award the Supply of Janitorial Services RFP-CS-24-003 to Bee-Clean Building Maintenance until July 31, 2026; and

  That Council allow the contract to be extended until 2028, pending Bee-Clean Building Maintenance fulfills the RFP requirements throughout the initial term.

  Carried

10.10

Community Services-2024-34

RE: Special Event Notice – Colchester Bar and Grill

• R24-09-399
  Moved By Councillor Matyi
  Seconded By Councillor Verbeek

  That Community Services-2024-34 entitled Special Event Notice – Colchester Bar and Grill prepared by Jake Morassut, Director, Community Services, dated September 16, 2024 be received; and

  That Council approve closing Sydenham Street between Sullivan Street and County Road 50 in Colchester on September 29, 2024, from 2:00PM to 6:00PM for the Windsor-Essex Therapeutic Riding Association Ride (WETRA).

  Carried

10.11

Office of the CAO-2024-09

RE: Summary of Outstanding Council Reports

• R24-09-400
  Moved By Councillor Hammond
  Seconded By Deputy Mayor Shepley

  That Chief Administrative Officer Report-CAO-2024-09 entitled Summary of Outstanding Council Reports prepared by Doug Sweet, Chief Administrative Officer dated September 16, 2024, be received for information.

  Carried

11.

Reports from Youth Members

12.

County Council Update

Deputy Mayor Shepley reported that County Council will be asked to consider new funding strategies for future expansion during the 2025 budget deliberations. He stated that it is expected that the County of Essex will need to spend 40 million annually on road expansion projects over the next 20 years.

Mayor Bondy announced that she visited the proposed location for the new hospital where the Solcz family made a historic contribution of $15 million to the New Windsor acute care hospital.

13.

Correspondence

13.1

Correspondence to be received

• R24-09-401
  Moved By Councillor Hammond
  Seconded By Councillor Matyi

  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.

  Carried

13.1.1

The Town of Plympton-Wyoming

RE: The Canada Community-Building Fund

13.2

Correspondence to be considered for receipt and support

13.2.1

Childcan: The Childhood Cancer Research Association

RE: Childhood Cancer Awareness Month - September 2024

• R24-09-402
  Moved By Councillor Verbeek
  Seconded By Councillor Allard

  That the correspondence from Childcan asking Council to consider proclaiming September as Childhood Cancer Awareness Month in the Town of Essex be received or received and supported; and if supported

  That Council proclaim the month of September as Childhood Cancer Awareness Month in the Town of Essex by adopting the following resolution:

  Whereas, September is officially recognized internationally as Childhood Cancer Awareness Month;

  Whereas, the most recent data shows that cancer remains the leading cause of disease-related death in children;

  Whereas, cancer in children affects aspects of their physical, emotional, and social development, as well as their family and school life, effects which research shows are long-lasting;

  Whereas, Childcan believes childhood cancer must be designated a child health priority, and that support services for families are critical;

  Whereas, Childcan raises awareness and funds to provide personalized, responsive, and compassionate programs and services to families facing the childhood cancer journey from diagnosis, through treatment, post-treatment care, or bereavement;

  Whereas, organizations which support families dealing with childhood cancer are working together to raise awareness of this disease and its devastating effects, as well as raising funds to support the affected families and children; and

  Whereas, raised awareness and funds will help these families and children deal with the emotional and financial toll.

  Therefore, I Sherry Bondy, Mayor of the Town of Essex do hereby proclaim September 2024 as Childhood Cancer Awareness Month.

  Carried

14.

Committee Meeting Minutes

• R24-09-403
  Moved By Deputy Mayor Shepley
  Seconded By Councillor Hammond

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

  Carried

14.1

Drainage Board - September 5, 2024

15.

Financial

16.

New Business

17.

Notices of Motion

17.1

The following Notice of Motion is for presentment only and will be brought forward for Council's consideration at the October 7, 2024 Regular Council Meeting:

17.1.1

Councillor Matyi

Moved By Councillor Matyi

Whereas invasive phragmites (Phragmites australis) is a highly aggressive plant species that has significantly impacted ecosystems in Essex County, including wetlands and coastal areas, by outcompeting native flora, disrupting wildlife habitats, and blocking drainage systems;

And whereas the Town of Essex recognizes the need for sustainable, effective methods of controlling invasive species to protect biodiversity and ecosystem health;

And whereas biological control methods, particularly the introduction of moth species (Archanara neurica and Lenisa geminipuncta) as biocontrol agents, have shown promising results in the management of invasive phragmites in Ontario, under the leadership of Ducks Unlimited Canada, Agriculture and Agri-Food Canada, and the University of Toronto;

Now Therefore, be it resolved that the Council of the Town of Essex:

1. Request that the Town of Essex formally reach out to the Essex Region Conservation Authority (ERCA) to obtain the necessary contacts and information regarding participation in the phragmites biological control program.
2. Authorize the Mayor and/or designated municipal officials to draft and send letters expressing the Town's interest in collaborating with ERCA and other relevant agencies, such as Ducks Unlimited Canada, and the University of Toronto for the inclusion of Essex in future biocontrol release sites.
3. Commit to exploring all available measures to combat the spread of invasive phragmites, including herbicide use, mechanical removal, and potential integration of the moth biocontrol program, to ensure long-term ecological protection in the region.
4. Direct the administration to report back to the Council with updates on communications with ERCA and other agencies, as well as the next steps required for participation in the biocontrol initiative.

18.

Reports and Announcements from Council Members

Councillor Verbeek announced the upcoming Mug Run in McGregor on September 28, 2024.

19.

By-Laws

19.1

By-Laws that require a third and final reading

19.1.1

By-Law 2366

RE: Being a by-Law to establish a subsidy program in the Town of Essex

• R24-09-404
  Moved By Deputy Mayor Shepley
  Seconded By Councillor Garon

  That By-Law 2366 being a by-law to establish a subsidy program in the Town of Essex be read a third time and finally passed on September 16, 2024.

  Carried

19.1.2

By-Law 2367

RE: Being a by-law to confirm the proceedings of the September 3, 2024, Regular Meeting of Council of the Corporation of the Town of Essex

• R24-09-405
  Moved By Councillor Garon
  Seconded By Councillor Hammond

  That By-Law 2367 being a by-law to confirm the proceedings of the September 3, 2024, Regular Meeting of Council of the Corporation of the Town of Essex be read a third time and finally passed on September 16, 2024.

  Carried

19.2

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

19.2.1

By-Law 2370

RE: 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

• R24-09-406
  Moved By Councillor McGuire-Blais
  Seconded By Councillor Allard

  That By-Law 2370 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 September 16, 2024.

  Carried

19.3

By-Laws that require a first and second reading

19.3.1

By-Law 2369

RE: Being a by-law to confirm the proceedings of the September 16, 2024, Regular Meeting of Council of the Corporation of the Town of Essex

• R24-09-407
  Moved By Deputy Mayor Shepley
  Seconded By Councillor Garon

  That By-Law 2369 being a by-law to confirm the proceedings of the September 16, 2024, Regular Meeting of Council of the Corporation of the Town of Essex be read a first and a second time and be provisionally adopted on September 16, 2024.

  Carried

20.

Adjournment

• R24-09-408
  Moved By Councillor Matyi
  Seconded By Deputy Mayor Shepley

  That the meeting be adjourned at 8:18 PM.

  Carried