The Corporation of the Town of Essex

Regular Council Meeting Minutes

This meeting was held electronically during a time of Declared Emergency pursuant to Town of Essex By-Law 1902

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Location: https://www.youtube.com/user/EssexOntario
Present:
  • Mayor Larry Snively
  • Deputy Mayor Richard Meloche
  • Ward 1 Councillor Joe Garon
  • Ward 1 Councillor Morley Bowman
  • Ward 2 Councillor Kim Verbeek
  • Ward 3 Councillor Steve Bjorkman
  • Ward 3 Councillor Chris Vander Doelen
  • Ward 4 Councillor Sherry Bondy
Also Present:
  • Chris Nepszy, Chief Administrative Officer
  • Lori Chadwick, Director, Development Services
  • Kevin Girard, Director, Infrastructure Services
  • Shelley Brown, Deputy Clerk, Legal and Legislative Services
  • Kate Giurissevich, Acting Director, Corporate Services
  • Matt Ducharme, Legal and Legislative Intern
  • Rita Jabbour, Manager, Planning Services
  • Jake Morassut, Manager, Parks and Facilities

This meeting was hosted and chaired from the Town of Essex Municipal Building. Due to the ongoing COVID-19 pandemic this meeting was not open to the public for in person attendance but was available electronically via livestream and also for viewing post-meeting on YouTube at www.youtube.com/EssexOntario


Mayor Snively called the meeting to order at approximately 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.

Shelley Brown, Deputy Clerk, Legal and Legislative Services provided a verbal report on the Closed Meeting held on August 4, 2021. She reported that Council met electronically in Closed Session, on August 4, 2021 at 3:00 PM as permitted to do so by 239 (2) (c) of the Municipal Act. 

At the Closed Meeting Council discussed a proposed land acquisition and provided direction on same to Administration. 

There were no conflicts of interest noted at this time.

  • R21-08-336
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Verbeek

    That the published agenda for the August 23, 2021 Regular Council Meeting be adopted with the following amendment:

    1. That Agenda Item 17.1 be added to allow for the presentment of a Notice of Motion by Councillor Bjorkman.

    Carried
  • R21-08-337
    Moved ByCouncillor Bjorkman
    Seconded ByCouncillor Vander Doelen

    That the minutes of the Regular Council Meeting held August 3, 2021 be adopted as circulated.

    Carried
  • R21-08-338
    Moved ByCouncillor Garon
    Seconded ByCouncillor Bjorkman

    That the minutes of the Special Council Meeting held May 3, 2021 be adopted as circulated.

    Carried

RE: Animal Care and Control By-Laws

Mackenzie Porter, Policy Writer, Better Laws for Paws, provided a presentation to Council on the bettering of and/or improvement of animal control and welfare by-laws and suggested amendments to the current legislation. She noted recommendations regarding the hiring of animal control workers, regulations for crates and kennels, standards of care, and additional regulations for dog licensing. Ms. Porter further spoke to Canadian Veterinary Medical Association Code of practice guidelines and recommended regulations pertaining to Dog kennel operations which included such matters as standards for  flooring, ceilings, roof of enclosures, exposure to humidity as well as temperature stipulations. She asked that these recommendations be considered for any new policy and/or by-law amendments.

Ms. Porter stated that the Town of Essex by-laws are conductive to the proper animal welfare but asked that Essex help other municipalities throughout Windsor-Essex to ensure that all animals are protected under municipal legislation.

Councillor Bondy suggested that Administration seek feedback from the public through an online survey and discuss this topic at the next Roundtable Council meeting. 

  • R21-08-339
    Moved ByCouncillor Bondy
    Seconded ByCouncillor Verbeek

    That the presentation by Mackenzie Porter, Policy Writer, Better Laws for Paws regarding animal care and control by-laws be received.

    Carried

RE: Noise Control By-Law Review and Updates

Shelley Brown, Deputy Clerk, Legal and Legislative Services, provided a verbal report on the new Noise By-Law and explained the various updates including those provisions in relation to the use of bird bangers in agriculturally zoned areas of the municipality.

  • R21-08-340
    Moved ByCouncillor Bondy
    Seconded ByCouncillor Bjorkman

    That Legal and Legislative Services-2021-15 report entitled Noise Control By-Law Review and Updates prepared by Robert Auger, Town Solicitor/Clerk and Matthew Ducharme, Legal & Legislative Services Intern dated August 23, 2021 be received; and

    That By-Law No. 2038 being a by-law to prohibit and regulate noise in the Town of Essex be read a first, a second and be provisionally adopted on August 23, 2021.

    Carried

RE: Animal Control Appeal Committee

  • R21-08-341
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Verbeek

    That Legal and Legislative Services-2021-18 report entitled Appointment of Animal Control Appeal Committee prepared by Shelley Brown, Deputy Clerk, and dated August 23, 2021 be received;

    That Council appoint Terri Coutts, Richard Kokovai, and Chris Ortner as members of the Animal Control Appeal Committee for the limited purpose of adjudicating an upcoming appeal(s) (to be scheduled); and

    That an honorarium of $100 be paid to each member of the Animal Control Appeal Committee for serving an adjudicative role for a specific purpose.

    Carried

RE: Special Events Resource Team (SERT) August Update

  • R21-08-342
    Moved ByCouncillor Bjorkman
    Seconded ByDeputy Mayor Meloche

    That Community Services-2021-011 report entitled Special Events Resource Team (SERT) August update be received for Council's information.

    Carried

RE: Ken Knapp Ford Party at the Park – Request for Road Closure

  • R21-08-343
    Moved ByCouncillor Vander Doelen
    Seconded ByCouncillor Garon

    That Community Services-2021-012 report entitled Ken Knapp Ford - Party at the Park – Request for Road Closure be received; and

    That Wilson Street between Talbot Street and Scratch Street in Essex Centre be closed between 9:00 am and 5:00 pm on Saturday September 11, 2021 to accommodate the foot traffic for the event.

    Carried

RE: Lease of Space to Install 2 Viewing Devices in Colchester Park

  • R21-08-344
    Moved ByCouncillor Bjorkman
    Seconded ByCouncillor Bowman

    That Community Services-2021-013 report entitled Lease of Space to Install 2 Viewing Devices in Colchester Park be received;

    That Council approve entering into an agreement with 2633698 Ontario Ltd. (o/a Vintage Grapes) for leased space to install two (2) viewing devices within Colchester Park located 325 Jackson Street in Colchester for two years commencing on September 1, 2021 and concluding on August 31, 2023 with an option to renew for an additional two years beginning on September 1, 2023 subject to the general terms and conditions as outlined in By-Law 2056; and

    That By-Law 2056 be read a first, a second, and a third time and finally passed on August 23, 2021.

    Carried

RE: Colchester Harbour Maintenance Dredging

  • R21-08-345
    Moved ByCouncillor Vander Doelen
    Seconded ByDeputy Mayor Meloche

    That Community Services-2021-09 report entitled Colchester Harbour Maintenance Dredging be received; and

    That Council award to Cobby Marine and Crain the 2021-2022 maintenance dredging contract for the Colchester Harbour in the amount of $125,164.80 (including non-refundable HST).

    Carried

RE: Harrow Arena Splash Pad Washroom and Change Room Construction Update (CS-21-0043)

  • R21-08-346
    Moved ByCouncillor Bjorkman
    Seconded ByCouncillor Bowman

    That Parks and Facilities-2021-11 report entitled Harrow Arena Splash Pad Washroom and Change Room Construction Update (CS-21-0043) be received; and

    That the tender issued in 2021 for the Harrow Arena Splash Pad Washroom and Change Room be postponed and that the capital project in the amount of $129,902.40 be carried forward to the 2022 Budget with a request for additional funding.

    Carried

RE: Appointment of an Engineer under Section 78 of the Drainage Act to install a new culvert in the 5th Concession Road Drain

  • R21-08-347
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Vander Doelen

    That Drainage-2021-10 report entitled Appointment of an Engineer under Section 78 of the Drainage Act to install a new culvert in the 5th Concession Road Drain prepared by Lindsay Dean, Drainage Superintendent dated August 23, 2021 be received; and

    That Council appoint Rood Engineering Incorporated under Section 78 of the Drainage Act to install a new culvert in the 5th Concession Road Drain.

    Carried

RE: Turtle Crossing Signs on Iler

  • R21-08-348
    Moved ByCouncillor Bondy
    Seconded ByCouncillor Bowman

    That Operations-2021-02 report entitled Turtle Crossing Signs on Iler prepared by Kevin Girard, Director, Infrastructure Services dated August 23, 2021 be received;

    That Council direct Administration to install the signs as recommended within this Report; and

    That Council accept the donation in the amount of $50.00 from the Harrow Youth Action Committee to be used toward the purchase of the turtle crossing signs.

    Carried

RE: Building Report and Development Overview July 2021

  • R21-08-349
    Moved ByDeputy Mayor Meloche
    Seconded ByCouncillor Bowman

    That Economic Development -2021-11 report entitled Building Report and Development Overview July 2021 prepared by Nelson Silveira, Economic Development Officer dated August 23, 2021 be received for information.

    Carried

RE: Site Plan Control Amendment Approval for 9 Maidstone Avenue (Essex Centre, Ward 1)

  • R21-08-350
    Moved ByCouncillor Garon
    Seconded ByCouncillor Verbeek

    That Planning-2021-17 report entitled Site Plan Control Amendment Approval for 9 Maidstone Ave (Essex, Ward 1) prepared by Corinne Chiasson, Assistant Planner, dated August 23, 2021, be received;

    That By-Law 2053 being a by-law to amend By-Law 260, the existing Site Plan Control Agreement between The Corporation of the Town of Essex and K.S. Crowder Enterprises Inc. (Norene Investments), for the reduction of six (6) required off-street parking spaces be read a first, a second and a third time and finally passed on August 23, 2021; and

    That the Site Plan Control Agreement Amendment be registered against the land to which it applies in the Municipality.

    Carried

RE: Recommendations for the Regulation of Short Term Rentals (STRs)

Rita Jabbour, Manager, Planning Services, provided a summary of short term rentals and explained that on June 21, 2021 Council requested information regarding what constitutes a short term rental. Ms. Jabbour noted that the report addressed Council's questions in respect to items such as density control, setback regulations, freezes to short term rentals and implementing a temporary licensing system.

Ms. Jabbour noted that the Town needs a licensing by-law to enforce zoning regulations and an amendment to the Official Plan. She recommended that Council collect an inventory of existing short term rentals in the Town of Essex through a review of popular short term rental platforms for Administration to have a better understanding and through media campaign residents can voice their concerns.

  • R21-08-351
    Moved ByCouncillor Bjorkman
    Seconded ByCouncillor Bowman

    That Planning-2021-18 report entitled Recommendations for the Regulation of Short Term Rentals prepared by Rita Jabbour, RPP, Manager, Planning Services dated August 23, 2021 be received; and

    That Council direct Administration to implement the action items contained within this Report.

    Carried
  • R21-08-352
    Moved ByCouncillor Bjorkman
    Seconded ByCouncillor Bowman

    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: Highway 3 Widening - Notice of Addendum

RE: Request to Include the PSA Test for Men into the National Medical Health Care System at No Charge

RE: Annual Report 2020/2021

RE: Joint Board of Management July 21, 2021 Minutes

RE: Appointing Perry Basden to the Town of Essex Heritage Committee

  • R21-08-353
    Moved ByCouncillor Bondy
    Seconded ByCouncillor Bjorkman

    That the application by Perry Basden to be appointed to the Town of Essex Heritage Committee be received and supported and that Perry Basden be appointed to the Town of Essex Heritage Committee such appointment to be effective until the end of the current term of Council.

    Carried
  • R21-08-354
    Moved ByDeputy Mayor Meloche
    Seconded ByCouncillor Bowman

    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.

    Carried

EPSB21-08-42

Moved by Member Tapping

Seconded by Member Robertson

That the Committee recommend an enhancement to the O.P.P. Contract to add a Traffic Enforcement Officer and that the position be included in the 2022 budget.

  • R21-08-355
    Moved ByCouncillor Verbeek
    Seconded ByCouncillor Bowman

    That the Bank Payments Report, including the June 2021 cheque register, cheque number 53039 to cheque number 53209 and electronic funds transfer (EFT) payment number EFT004728 to EFT004922 inclusive in the amount of $5,838,369.82; the Preauthorized Payments for the month of June in the amount of $292,505.57; and Payroll for the month of June in the amount of $558,780.67, be ratified as submitted.

    Carried
  • R21-08-356
    Moved ByCouncillor Vander Doelen
    Seconded ByCouncillor Bjorkman

    That the June 2021 Operating and Capital Variance Reports be received.

    Carried
  • Moved ByCouncillor Verbeek

    That Council have a discussion regarding the installation of sidewalks in Gesto as it is a safety concern for school aged children.

  • Moved ByCouncillor Bjorkman

    That the Mayor and Council of Essex requests that the Government of Ontario add public health units to the Ombudsman of Ontario's mandate. 

Mayor Snively announced that Chris Nepszy had recently provided notice that he would be soon leaving his position as Chief Administrative Officer at the Town of Essex in order to accept a position with the City of Windsor. Members of Council thanked him for his service and wished him well in his upcoming new endeavors.

19.

Being a by-law to confirm the proceedings of the August 3, 2021 Regular Meeting of Council of the Corporation of the Town of Essex

  • R21-08-357
    Moved ByDeputy Mayor Meloche
    Seconded ByCouncillor Bowman

    That By-Law 2048 being a by-law to confirm the proceedings of the August 3, 2021 Regular Meeting of Council of the Corporation of the Town of Essex be read a third time and finally passed on August 23, 2021.

    Carried

Being a by-law to amend By-Law 1037 The Comprehensive Zoning By-Law for the Town of Essex To Permit and Regulate Second Dwelling Units

  • R21-08-358
    Moved ByCouncillor Verbeek
    Seconded ByCouncillor Garon

    That By-Law 2035 Being a by-law to amend By-Law 1037 The Comprehensive Zoning By-Law for the Town of Essex to Permit and Regulate Second Dwelling Units be read a third time and finally passed on August 23, 2021.

    Carried

Being a By-Law to Recover the Capital Costs related to the watermain installation crossing Highway 3 at the 14th Concession for those receiving a present or future benefit from the services and activities of the Town of Essex to extend services.

  • R21-08-359
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Bjorkman

    That By-Law 2050 being a By-Law to Recover the Capital Costs related to the watermain installation crossing Highway 3 at the 14th Concession for those receiving a present or future benefit from the services and activities of the Town of Essex to extend services be read a third time and finally passed on August 23, 2021.

    Carried

Being a by-law to amend By-Law Number 1799, the Grade and Fill By-Law of the Corporation of the Town of Essex

  • R21-08-360
    Moved ByCouncillor Verbeek
    Seconded ByCouncillor Garon

    That By-Law 2033 being a by-law to amend By-Law Number 1799, the Grade and Fill By-Law of Corporation of the Town of Essex be read a first, second, and a third time and finally passed on August 23, 2021.

    Carried

Being a by-law to appoint Chief Administrative Officer for the Town of Essex

  • R21-08-361
    Moved ByCouncillor Garon
    Seconded ByCouncillor Bowman

    That By-Law 2054 being a by-law to appoint a Chief Administrative Officer for the Town of Essex be read a first, a second and a third time and finally passed on August 23, 2021.

    Carried

Being a by-law to confirm the proceedings of the August 23, 2021 Regular Meeting of Council of the Corporation of the Town of Essex

  • R21-08-362
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Bjorkman

    That By-Law 2055 being a by-law to confirm the proceedings of the August 23, 2021 Regular Meeting of Council of the Corporation of the Town of Essex be read a first and second time and provisionally adopted on August 23, 2021.

    Carried
  • R21-08-363
    Moved ByDeputy Mayor Meloche
    Seconded ByCouncillor Garon

    That the meeting be adjourned at 7:35 PM.

    Carried
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