The Corporation of the Town of Essex

Regular Council Meeting Minutes

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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:
  • 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
  • Nelson Silveira, Manager, Economic Development
  • Kevin Carter, Manager, Building Services/Chief Building Official
  • Mike Diemer, By-Law Enforcement Officer
  • Rita Jabbour, Manager, Planning Services
  • Ian Rawlings, Junior Planner, Planning Services
  • Diane Emery, Legislative Clerk, Legal and Legislative Services
  • Cassandra Roy, Legislative Clerk, Legal and Legislative 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.


Mayor Bondy called the meeting to order at 6:00 PM.

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.

Joe Malandruccolo, Director, Legal & Legislative Services/Clerk reported that on February 5, 2024 at 5:45 PM Council moved into Closed Session as permitted to do so pursuant to Section 239 2(i) of the Municipal Act, 2001, S.O. 2001, c. 25. as amended 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.

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

  • R24-02-022
    Moved ByCouncillor Matyi
    Seconded ByCouncillor Garon

    That the published agenda for the February 5, 2024, Regular Council Meeting be adopted as presented.

    Carried
  • R24-02-023
    Moved ByCouncillor Allard
    Seconded ByDeputy Mayor Shepley

    That the minutes of the Regular Council Meeting held January 15, 2024 be adopted as circulated.

    Carried
  • R24-02-024
    Moved ByCouncillor Garon
    Seconded ByCouncillor McGuire-Blais

    That the minutes of the Special Council Meeting held January 15, 2024 be adopted as circulated.

    Carried

RE: ROMA Conference update

Councillor McGuire-Blais provided an update on the ROMA Conference which she attended on January 21, 2024. She noted the commonalities among other municipalities regarding issues with aging infrastructure and explained how the Rural Economic Development Grant within other municipalities was utilized. Ms. McGuire-Blais additionally highlighted the study that was conducted in Waterloo regarding tiny homes as a source for homelessness and affordable housing.

  • R24-02-025
    Moved ByDeputy Mayor Shepley
    Seconded ByCouncillor Matyi

    That the presentation by Councillor McGuire-Blais be received for information.

    Carried

RE: Site-Specific Exemption to sign by-law

Austin Friesen, Inno Homes/Essex Weld requested a site-exception from the sign by-law as it currently states that the height of a sign shall be 2.5 meters in width and 5 meters in height with a maximum overall height of 5 meters. Mr. Friesen explained that he was requesting an exemption to permit a sign that is 3 meters in height, 6 meters in width and 8.8 meters overall. He further noted that the Town of Essex's current by-law states that there should be a 180 second dwell time prior to switching to another ad however the MTO guidelines states that 20 seconds would be permissible while driving 80kms per hour. Lastly, he noted that in order to erect on sign on this property he would require the removal of the Holding zone restriction on this site-specific property.

  • R24-02-026
    Moved ByDeputy Mayor Shepley
    Seconded ByCouncillor Verbeek

    That the delegation by Austin Friesen, Inno Homes/Essex Weld be received.

    Carried

RE: Essex Welds Solutions Billboard Request and Holding (H) Restriction Removal

Ian Rawlings, Junior Planner provided an overview of the Essex Welds Solutions billboard request and the removal of the Holding restriction. He explained that Essex Welds Solutions requested to erect a billboard on the lands located at 14978 14th Concession Road which is designated Industrial and is zoned Manufacturing District 2.1 under the Town of Essex Official Plan. He noted that the proposed billboard would be double sided, with one side facing west bound traffic along Kings Highway Number 3 and will be static in nature while the other side facing east bound would consist of an electronic media format. He stated that the sign would be approximately 3 meters in height and 6 meters in width with a setback of approximately 30 meters from the lot line abutting Kings Highway Number 3. He further noted that the applicant is looking to reduce the minimum dwell time from 180 seconds to 20 seconds as permitted by the Ministry of Transportation (MTO) which is more reflective of driving at 80 kilometers per hour. He stated that this would be the first digital billboard introduced in the Town of Essex thus the site-specific by-law would expire after 5 years.

Mr. Rawlings explained that the sign by-law states that a billboard shall only be permitted by a site-specific by-law approved by Council and should reference the details outlined in schedule B of the by-law.

Council discussed concerns regarding the location of the sign, the size of the sign, the dwell time and the required setbacks.

Administration recommended approving two readings or deferring this motion to the February 20, 2024 Regular Council Meeting.

The recommended action from the report was as follows:

Moved By Councillor McGuire-Blais

Seconded By Deputy Mayor Shepley

 

That Planning Report 2024-30 entitled Essex Welds Solutions Billboard Request and Removal of Holding (H) Zone Restriction prepared by Ian Rawlings, Junior Planner dated February 5, 2024, be received;

That By-Law Number 2297, being a By-Law to permit the erection of one (1) static billboard sign facing West bound traffic, and one (1) digital Media billboard sign facing east bound traffic located at 14978 14th Concession Road, south of Kings Highway Number 3 be read a first and a second time and a third time and finally passed on February 5, 2024; and

That By-Law Number 2298, being a By-Law to amend By-Law Number 1037, the Comprehensive Zoning By-Law for the Town of Essex be read a first, a second time and a third time and finally passed on February 5, 2024.

After a friendly amendment Deputy Mayor Shepley withdrew himself as a seconder.

By way of friendly amendment the stated motion was amended as follows:

Council brought forth a new motion to defer the Essex Welds Solutions billboard request to the February 20, 2024 Regular Council Meeting.

  • R24-02-027
    Moved ByCouncillor McGuire-Blais
    Seconded ByCouncillor Hammond

    That Planning Report 2024-30 entitled Essex Welds Solutions Billboard Request and Removal of Holding (H) Zone Restriction prepared by Ian Rawlings, Junior Planner dated February 5, 2024, be received;

    That By-Law Number 2297, being a By-Law to permit the erection of one (1) static billboard sign facing West bound traffic, and one (1) digital Media billboard sign facing east bound traffic located at 14978 14th Concession Road, south of Kings Highway Number 3 be read a first and a second time and provisionally passed on February 5, 2024; and

    That By-Law Number 2298, being a By-Law to amend By-Law Number 1037, the Comprehensive Zoning By-Law for the Town of Essex be read a first and a second time and provisionally passed on February 5, 2024.

    Defeated
  • R24-02-028
    Moved ByDeputy Mayor Shepley
    Seconded ByCouncillor Hammond

    That Council direct Administration to defer this matter to the February 20, 2024 Regular Council Meeting and request Administration to provide renderings of Essex Weld Solutions billboard to Council.

    Carried

RE: Bi-Annual By-Law Enforcement Report

Mike Diemer, By-Law Enforcement Officer stated that the purpose of the report was to illustrate the enforcement conducted amongst various municipal by-laws between July and December 2023. He stated that a total of 307 issues were investigated with 238 issues being based on complaints received from members of the public or Council members and the remaining 69 issues were investigated proactively. Mr. Diemer further explained the types of by-law matters under investigation.

  • R24-02-029
    Moved ByCouncillor Garon
    Seconded ByCouncillor Allard

    That Building and By-Law Enforcement Report 2024-01 entitled Bi-Annual By-Law Enforcement Report prepared by Mike Diemer, By-Law Enforcement Officer dated February 5, 2024, be received for information.

    Carried

RE: Building Report and Development Overview – Annual Summary 2023

Nelson Silveria, Manager, Economic Development, provided Council with a brief overview of the report and stated that there is a significant decrease in annual construction value due to local economic conditions and the major construction value that was association with Essex Town Center in 2022. He noted that moving forward the Development Overview would be provided quarterly.

  • R24-02-030
    Moved ByDeputy Mayor Shepley
    Seconded ByCouncillor Verbeek

    That Economic Development Report 2024-01 entitled Building Report and Development Overview -Annual Summary 2023 prepared by Nelson Silveira, Manager, Economic Development dated February 5, 2024, be received for information.

    Carried

RE: Learning In Friendship and Equality (L.I.F.E) Lease at Kinsmen Fieldhouse

  • R24-02-031
    Moved ByCouncillor Verbeek
    Seconded ByCouncillor Allard

    That Community Services Report 2024-02 prepared by Jake Morassut, Director, Community Services entitled Learning in Friendship and Equality (L.I.F.E) Lease at Kinsmen Fieldhouse be received;

    That Council approve entering into an agreement with L.I.F.E for leased space at the Kinsmen Fieldhouse located at 50 Fairview Avenue West in Essex Centre for a five year lease commencing on February 5, 2024 and concluding on July 31, 2028 with an option to renew for an additional five years beginning on August 1, 2028 subject to the general terms and conditions as outlined in By-Law Number 2260; and

    That By-Law Number 2260 being a By-Law to authorize the execution of a Lease Agreement between the Corporation of the Town of Essex and L.I.F.E. Essex Inc. for the operation of an adult learning centre located in the Kinsmen Fieldhouse, 50 Fairview Avenue West, Essex, Ontario be read a first, a second and a third time and finally passed on February 5, 2024.

    Carried

RE: Reduction of Performance Securities for Pollard Harrow Residential Development (Former Harrow Junior School Site), Ward 4

  • R24-02-032
    Moved ByDeputy Mayor Shepley
    Seconded ByCouncillor Hammond

    That Planning Report 2024-01 entitled Reduction of Performance Securities for Pollard Harrow Residential Development (Former Harrow Junior School Site), Ward 4, prepared by Rita Jabbour, RPP, Manger, Planning Services dated February 5, 2024 be received; and

    That the performance securities on file for the Pollard Harrow Residential Development (Former Harrow Junior School Site) be reduced to $20,000.

    Carried

RE: Adoption of Official Plan Amendment 9 and Zoning By-Law Amendment for the Essex Sports Field Lands

  • R24-02-033
    Moved ByCouncillor McGuire-Blais
    Seconded ByCouncillor Verbeek

    That Planning-2024-02 entitled Adoption of Official Plan No. 9 and Zoning By-Law Amendment for the Essex Sports Field Lands prepared by Rita Jabbour, RPP, Manager, Planning Services dated February 5, 2024 be received;

    That By-Law Number 2305, Being a By-Law to Amend the Official Plan for the Town of Essex to redesignate the lands located at the corner of North Malden Road and Batten Side Road from Agricultural to Parks and Open Space, be read a first, second and third time and finally passed on February 5, 2024;

    That Official Plan Amendment No. 9 be submitted for approval to the Manager of Planning Services for the County of Essex; and

    That By-Law Number 2306, Being a By-Law to Amend By-Law 1037, the Comprehensive Zoning By-Law for the Town of Essex, to permit Major Public and Private Recreational Facilities for the lands located at the corner of North Malden Road and Batten Side Road, be read a first, a second, and a third time and finally passed on February 5, 2024.  

    Carried

RE: Removal of Holding Zone Provisions for Lands located on Given Road (Ward 4)

  • R24-02-034
    Moved ByCouncillor Matyi
    Seconded ByDeputy Mayor Shepley

    That Planning Report 2024-03 entitled Removal of Holding Zone Provisions for the Lands located at 155 Given Road (Ward 4) prepared by Rita Jabbour, RPP, Manager, Planning Services dated February 5, 2024 be received; and

    That By-Law Number 2307, being a By-Law to Remove the Holding Zone restrictions for Part 1 on 12R-26441 and Part 1 on 12R-27343 be read a first, a second, and a third time and finally passed on February 5, 2024.

    Carried

Lauren Smith, Youth Council Member, announced that Valentines Day was approaching and her school is celebrating with lots of activities such as candy-grams and a photo booth.

Deputy Mayor Shepley stated that the County of Essex passed the 2024 budget which allocated funds to the Harrow Library to hire a full-time staff member and provide extended hours.

  • R24-02-035
    Moved ByDeputy Mayor Shepley
    Seconded ByCouncillor Verbeek

    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

RE: Reforms at the Landlord and Tenant Board

RE: License Plate Renewal Fees

RE: Expanding the Life Span of Fire Apparatus

RE: Wholesale Water Rates Increase effective Apri 1, 2024

RE: Support for Blue Box Program Extended Producer Responsibility for Industrial, Commercial and Institutional Sector (Non-Eligible Sources)


As moved from Agenda Item 13.1.1.

  • R24-02-036
    Moved ByCouncillor Verbeek
    Seconded ByDeputy Mayor Shepley

    That the correspondence dated January 11, 2024 from The Essex-Windsor Solid Waste Authority regarding the blue box extended producer responsibility for industrial, commercial and institutional sector (non-eligible sources) be received and supported; and

    That a letter of support be sent to Andrea Khanjin, Minister of the Environment/Conservation and Parks, Marit Stiles, Leader, Official Opposition, Andrew Dowie, MPP, Windsor-Tecumseh, Trevor Jones, MPP, Chatham-Kent-Leamington, Lisa Gretzky, MPP, Windsor West, Anthony Leardi, MPP, Essex Riding, AMO and local municipalities.

    Carried

RE: Prohibition of Criminals from Municipal Council


As moved from Agenda Item 13.1.2.

  • R24-02-037
    Moved ByCouncillor Verbeek
    Seconded ByDeputy Mayor Shepley

    That the correspondence dated January 15, 2024 from the Town of Plympton-Wyoming regarding the Prohibition of Criminals be received and supported; and

    That a letter of support be sent to Michael Kerzner, Solicitor General, Conmee Township and local municipalities.

    Carried

RE: Policy Update & Social and Economic Policy Review

  • R24-02-038
    Moved ByCouncillor Hammond
    Seconded ByCouncillor Verbeek

    That the correspondence by the Association of Municipalities Ontario calling on the province to commit to a review of social and economic prosperity be received and supported; and

    That Council adopt the following resolution:

    Whereas current provincial-municipal fiscal arrangements are undermining Ontario’s economic prosperity and quality of life;

    Whereas nearly a third of municipal spending in Ontario is for services in areas of provincial responsibility and expenditures are outpacing provincial contributions by nearly $4 billion a year;

    Whereas municipal revenues, such as property taxes, do not grow with the economy or inflation;

    Whereas unprecedented population and housing growth will require significant investments in municipal infrastructure;

    Whereas municipalities are being asked to take on complex health and social challenges – like homelessness, supporting asylum seekers and addressing the mental health and addictions crises;

    Whereas inflation, rising interest rates, and provincial policy decisions are sharply constraining municipal fiscal capacity;

    Whereas property taxpayers – including people on fixed incomes and small businesses – can’t afford to subsidize income re-distribution programs for those most in need;

    Whereas the province can, and should, invest more in the prosperity of communities;

    Whereas municipalities and the provincial government have a strong history of collaboration; and

    Therefore, be it resolved that the Province of Ontario commit to undertaking with the Association of Municipalities of Ontario a comprehensive social and economic prosperity review to promote the stability and sustainability of municipal finances across Ontario.

    Carried

RE: A Proactive Submission to Modernize the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). 

  • R24-02-039
    Moved ByDeputy Mayor Shepley
    Seconded ByCouncillor Verbeek

    That the correspondence by Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) regarding a Proactive Submission to Modernize the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) be received and supported; and

    That Council adopt the following resolution:

    Whereas the Municipal Freedom of Information and Protection of Privacy Act, 1990 (MFIPPA) has not been comprehensively reviewed in over 30 years;

    Whereas municipalities consider transparency an important tool for building and maintaining public trust and recognize the importance of continuously improving;

    Whereas municipal administrators need legislation that supports effective local program delivery, is responsive to current technology and reflects its original intent of open and accountable government;

    Whereas MFFIPA presents a number of challenges for municipal staff which can hinder its effectiveness and efficiency when it comes to serving the public;

    Whereas municipalities should have updated legislation that ensures municipal resources are best allocated increases trust in public institutions through strengthening accountability, transparency and responsiveness, and addresses the needs of the digital era; and

    Whereas the Association of Municipal Managers, Clerks, and Treasurers of Ontario (AMCTO) has comprehensively reviewed MFIPPA and put forward recommendations in their submission “Looking Ahead: A Proactive Submission to Modernize the Municipal Freedom of Information and Protection of Privacy Act”; and

    Be it resolved that the Ministry of Public and Business Service Delivery be requested to review MFIPPA and consider recommendations as outlined by AMCTO within their submission, “Looking Ahead: A Proactive Submission to Modernize the Municipal Freedom of Information and Protection of Privacy Act”.

    Carried

That the bollard outside 114 Talbot St N (the one to the west of the parking lot entrance) be removed and a sign that says parking lot entrance be installed and no parking lines be painted at the entrance to the parking lot.

Councillor Hammond announced that the Arts Culture and Tourism Committee was hosting a Tea Party on February 10, 2024 from 1:00 - 4:00PM at the Essex Railway Station and that the Rotary Club of Harrow is hosting the 2nd Annual Valentines Ice Festival in downtown Harrow from 12:30-4:00PM.

Mayor Bondy announced that the Town of Essex is hosting the Ontario Provincial Lifeguard Championships at the Essex Recreation Complex on February 17, 2024.

19.

 

RE: Being a by-law to confirm the proceedings of the January 15, 2024 Regular meeting of Council of the Corporation of the Town of Essex

  • R24-02-041
    Moved ByDeputy Mayor Shepley
    Seconded ByCouncillor Matyi

    That By-Law Number 2296 being a by-law to confirm the proceedings of the January 15, 2024, Regular Meeting of Council of the Corporation of the Town of Essex be read a third time and finally passed on February 5, 2024.

    Carried

RE: Being a by-law to provide for the Richmond Drain: 5th Concession Road Bank Repair Phase 1 & 2, Geographic Township of Colchester South, Project REI2022D010, Town of Essex, County of Essex

  • R24-02-042
    Moved ByDeputy Mayor Shepley
    Seconded ByCouncillor McGuire-Blais

    That By-Law Number 2301 being a by-law to provide for the Richmond Drain: 5th Concession Road Bank Repair Phase 1 & 2, Geographic Township of Colchester South, Project REI2022D010, Town of Essex, County of Essex be read a third time and finally passed on February 5, 2024.

    Carried

RE: Being a by-law to adopt the 2024 Operating and Capital Budget Estimates

  • R24-02-043
    Moved ByCouncillor Verbeek
    Seconded ByCouncillor Allard

    That By-Law Number 2295 being a by-law to adopt the 2024 Operating and Capital Budget Estimates be read a first, a second and a third time and finally passed on February 5, 2024.

    Carried

RE: Being a by-law to provide for an interim tax levy and to provide for the payment of taxes and to provide for penalty and interest

  • R24-02-044
    Moved ByDeputy Mayor Shepley
    Seconded ByCouncillor Allard

    That By-Law Number 2302 being a by-law to provide for an interim tax levy and to provide for the payment of taxes and to provide for penalty and interest be read a first, a second and a third time and finally passed on February 5, 2024.

    Carried

RE: Being a by-law to confirm the proceedings of the February 5, 2024, Regular Meeting of Council of the corporation of the Town of Essex

  • R24-02-045
    Moved ByDeputy Mayor Shepley
    Seconded ByCouncillor Hammond

    That By-Law Number 2304 being a by-law to confirm the proceedings of the February 5, 2024, Regular Meeting of Council of the Corporation of the Town of Essex be read a first and a second time and provisionally adopted on February 5, 2024.

    Carried
  • R24-02-046
    Moved ByCouncillor Hammond
    Seconded ByCouncillor McGuire-Blais

    That the meeting be adjourned at 7:30 PM.

    Carried
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