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 4 Councillor Chris Vander Doelen
  • Ward 4 Councillor Sherry Bondy
Also Present:
  • Chris Nepszy, Chief Administrative Officer
  • Doug Sweet, Director, Community Services/Deputy CAO
  • Jeffrey Morrison, Director, Corporate Services/Treasurer
  • Lori Chadwick, Director, Development Services
  • Kevin Girard, Director, Infrastructure Services
  • Robert Auger, Town Solicitor, Legal and Legislative Services/Clerk
  • Shelley Brown, Deputy Clerk, Legal and Legislative Services
  • Edua Marczinko, Youth Council Member
  • Cassandra Roy, Legislative Clerk, Legal and Legislative Services

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 6:01 P.M.

Robert Auger, Town Solicitor/Clerk provided a verbal report on the Closed Meetings held on March 18, 2021 and March 29, 2021. He reported that Council met electronically in Closed Session, as permitted to do so by Section 239 (2) (b) (c) of the Municipal Act, S.O. 2001, C.25 as amended. He further reported as follows: 

At the Closed Meeting on March 18, 2021, Council received information and provided administrative direction with respect to a proposed disposition of land by the municipality. 

At the Closed Meeting on March 29, 2021, Council received information with respect to a personnel matter regarding identifiable individuals including municipal or local board employees. 

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

  • R21-04-111
    Moved ByCouncillor Bjorkman
    Seconded ByCouncillor Garon

    That the published agenda for the April 6, 2021 Regular Council Meeting be adopted with the following amendments:

    1. That Agenda Item 7.2 be added to allow David Cassidy, resident and local business owner, to appear before Council as a delegate regarding the recent COVID-19 order issued by the Province of Ontario.

    2. That Agenda Item 12.1.1.11 be moved to correspondence to be considered for receipt and support and added as Agenda item 12.2.2.

    Carried
  • R21-04-112
    Moved ByCouncillor Bjorkman
    Seconded ByDeputy Mayor Meloche

    That the minutes of the Regular Council Meeting held March 15, 2021 be adopted as circulated.

    Carried
  • R21-04-113
    Moved ByCouncillor Verbeek
    Seconded ByCouncillor Garon

    That the minutes for the Special Council Meeting held December 21, 2020 be adopted as circulated. 

    Carried
  • R21-04-114
    Moved ByCouncillor Garon
    Seconded ByCouncillor Bjorkman

    That the minutes of the Special Council Meeting held February 16, 2021 be adopted as circulated.

    Carried
  • R21-04-115
    Moved ByCouncillor Bondy
    Seconded ByCouncillor Garon

    That the minutes of the Special Council Meeting held March 1, 2021 be adopted as circulated.

    Carried

RE: Requesting the use of Spitfire Park to host Event

Randy Voakes spoke on behalf of Ken Knapp Ford regarding hosting an event at the Spitfire Park that would include a farmer's market and car show featuring local businesses. Mr. Voakes advised that, pending COVID-19 restrictions, the event would take place on Tuesday, September 14, 2021.

Mr. Voakes stated that he is seeking financial support in the form of the waiver of fees.

Doug Sweet, Director, Community Services/Deputy CAO, advised that the next step would be to complete the special events form available on the Town of Essex website.

  • R21-04-116
    Moved ByCouncillor Verbeek
    Seconded ByCouncillor Garon

    That the delegation by Randy Voakes and James Knapp on behalf of Ken Knapp Ford be received.

    Carried

RE: COVID-19 Lockdown

David Cassidy, owner, Fitness Fury, spoke about the ongoing COVID-19 restrictions. Mr. Cassidy noted that the numbers have been down in Windsor-Essex County and felt that the area has been doing their part. He said that his business has been closed for 8 months and the lockdown is impacting our community with small businesses suffering. 

Mr. Cassidy asked if Council would support small businesses by writing a letter of support.

  • R21-04-117
    Moved ByCouncillor Verbeek
    Seconded ByCouncillor Garon

    That the presentation by David Cassidy be received, and

    That the Town of Essex calls upon the Ontario Government, and all local and Provincial health officials to immediately bring to an end the devastation that is occurring to our small businesses and allow our small businesses to remain open to in-store sales but with limited capacity (such capacities being proportionate to the size of the business) and with increased safety measures in place as appropriate;

    And that  the Town of Essex calls upon the Ontario Government and all local and Provincial health officials to recognize and alleviate the unfair impacts a province wide shutdown has on our local small businesses when there are many other regions in the Province that have significantly higher COVID-19 rates/cases than those of Windsor-Essex County; and that the Town further asks our local and Provincial health officials to continue to provide even more detailed local data to support and demonstrate the fact that the Windsor-Essex region should not have the same restrictions imposed as in other regions throughout the province with much higher cases.  

    And further the Town of Essex makes this call upon the Ontario Government and all local and Provincial health officials in recognition of the fact that most importantly it is the individual, the people behind our small businesses who, together with others in our community, are suffering as a result of the current shutdown. While it is vitally important to take all reasonable measures to combat the spread of COVID-19 it is equally important to recognize and take steps to protect the mental health of all Ontarians who are suffering at this time and respectfully our small businesses in the Windsor-Essex region are suffering greatly and so we again call on the Ontario Government and all local and Provincial health officials to recognize and alleviate the unfair impacts a province wide shutdown is continuing to have on our local small businesses.    

    And that finally, this resolution be sent with a request for support to the Province, local and provincial Health Authorities, our local M.P.P. and all local municipalities.

    Carried
  • Noise By-Law Exemption - Parkland Estates
  • COVID-19 - Town Facilities

Chris Nepszy, Chief Administrative Officer, stated that an exemption to the Town’s Noise By-Law has been requested by the developers of Parkland Estates, if needed, due to ongoing storm and sanitary infrastructure construction and the possibility of needing to use or run of pumps for dewatering purposes.

  • R21-04-118
    Moved ByCouncillor Bjorkman
    Seconded ByCouncillor Vander Doelen

    That an exemption to the Noise By-Law be granted to the developers of Parkland Estates pursuant to the following conditions:

    • That the exemption be limited to the use of pumps/generators for dewatering purposes for the storm and sanitary infrastructure construction; and
    • There shall be Notification to the Town and adjacent property owners if pumps/generators are to be run between the hours of 8:00 PM and 7:00 AM; and
    • If there is a need to run said pumps/generators for a duration longer than 5 consecutive days then there shall be a requirement to consult further with Town Administration together with a further request for exemption with rationale.
    Carried

RE: Prohibition on the Use of Corporate Resources during an Election

Mr. Auger provided a summary of this report and received and responded to comments/questions from Council.

  • R21-04-119
    Moved ByCouncillor Verbeek
    Seconded ByCouncillor Vander Doelen

    That  Legal and Legislative Services-2021-05 entitled Policy:  Prohibition on the Use of Corporate Resources during an Election prepared by Robert W Auger, Town Solicitor/Clerk dated April 6, 2021 be received, and

    That the Town of Essex Policy: Prohibition on the Use of Corporate Resources during an Election attached hereto as Schedule “B” to this report be adopted as presented and in replacement of the current policy.

    Carried

RE: Front End Financing for Municipal Capital Facilities and a Policy for Future Large Scale Developments

Mr. Auger provided a summary of this report and received and responded to comments/questions from Council.

  • R21-04-120
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Verbeek

    That Legal and Legislative Services-2021-06 entitled Front End Financing for Municipal Capital Facilities and a Policy for Future Large Scale Developments be received;

    That Council approves the Town of Essex entering into an Agreement with Essex Town Centre Ltd. for the provision of municipal capital facilities in accordance with the terms and conditions of the said Agreement attached hereto as Schedule “A” to this Report;

    That By-Law 1937 being a by-law to enter into an Agreement between Essex Town Centre Ltd. and the Town of Essex for the Provision of Municipal Capital Facilities be read a first, second  and third time and be finally adopted on April 6 2021; and

    That in accordance with this Report and its Agreement that Council direct Administration to formulate a formal policy to serve or guide future requests for assistance in relation to large scale developments in the Town of Essex.

    Carried

RE: By-law to enter into an Agreement between Essex Town Centre Ltd. and the Town of Essex for the Provision of Municipal Capital Facilities

RE: Integrity Commissioner Annual Report 2020 and Extension of Service

  • R21-04-121
    Moved ByCouncillor Bjorkman
    Seconded ByCouncillor Vander Doelen

    That Legal and Legislative Services 2021-07 entitled Integrity Commissioner Annual Report 2020 and Extension of Services prepared by Robert W Auger and dated April 6, 2021 be received;

    That the Integrity Commissioner Annual Report for 2020 attached hereto as Schedule “A” to this Report be received for Council and public information, and

    That Council approve the two year extension of the current Integrity Commissioner Agreement up to and including December 31, 2023.

    Carried

RE: Court of Revision for Barrette Drain: Repair and Improvements

  • R21-04-122
    Moved ByCouncillor Bondy
    Seconded ByCouncillor Bowman

    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 Barrette Drain: Repair and Improvements, Geographic Township of Colchester North, Town of Essex, County of Essex, Project REI2020D009 pursuant to the Report prepared by Gerard Rood, Professional Engineer, Rood Engineering Inc., and dated January 25, 2021 (hereinafter the “Report”), such Court of Revision to be scheduled for 5:00 pm on May 5, 2021, via electronic meeting, and

    That By-Law 2000 being a by-law to provide for the Barrette Drain: Repair and Improvements, Geographic Township of Colchester North, Town of Essex, County of Essex, Project REI2020D009, be read a first and second time and be provisionally adopted on April 6, 2021.

    Carried

RE: Special Events Resource Team (SERT) April Update 

  • R21-04-123
    Moved ByDeputy Mayor Meloche
    Seconded ByCouncillor Verbeek

    That Community Services-2021-002 entitled Special Events Resource Team (SERT) April Update be received for Council information.

    Carried

RE: Colchester Beach and Parking Enforcement

  • R21-04-124
    Moved ByCouncillor Vander Doelen
    Seconded ByCouncillor Garon

    That Community Services-2021-003 entitled Colchester Beach and Parking Enforcement - 2021 be received, and

    That Council approve contracting Commissionaires Security to provide parking enforcement around Colchester Park and Colchester Beach areas, and in addition provide staffing for beach security on the Colchester Beach for the 2021 summer operating season.

    Carried

RE: Results of Request for Tender for the Supply and Application of Maintenance Stone

  • R21-04-125
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Bjorkman

    That Capital Works and Infrastructure-2021-03 entitled, Results of Request for Tender-2021 Supply and Application of Maintenance Stone prepared by Kevin Girard, Director, Infrastructure Services dated April 6, 2021 be received, and

    That Council award the Request for Tender – 2021 Supply and Application of Maintenance Stone to Southwestern Sales Corporation Limited up to the amount of $185,000.00 including non-refundable Harmonized Sales Tax.

    Carried

RE: Results of Request for Tender for the Supply of Articulated Grader

  • R21-04-126
    Moved ByDeputy Mayor Meloche
    Seconded ByCouncillor Bjorkman

    That Capital Works and Infrastructure 2021-04 entitled, Results of Request for Tender-2021 Supply of Articulated Grader prepared by Kevin Girard, Director, Infrastructure Services dated April 6, 2021 be received,

    That Council award the Request for Tender–2021 Supply of Articulated Grader to Brandt Tractor Ltd. in the amount of $469,897.32 including additional attachments, extended warranty, and non-refundable Harmonized Sales Tax, and

    That Council approve the additional funding of $19,897.32 above the approved 2021 Capital Budget for the articulated grader (Project No. PW-21-0005) to be financed from the Public Works Equipment Reserve.

    Carried

RE: Results of Request for Tender for the Single Axle Plow Truck and Winter Control Equipment 2021

  • R21-04-127
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Vander Doelen

    That Capital Works and Infrastructure-2021-05  entitled, Results of Request for Tender–Single Axle Plow Truck and Winter Control Equipment 2021 prepared by Kevin Girard, Director, Infrastructure Services dated April 6, 2021 be received,

    That Council award the Request for Proposals as follows:

    a. Supply of Single Axle Plow Truck Cab and Chassis 2021 to Team Truck Centres Ltd. in the amount of $124,577.65 including non-refundable HST,

    b. Supply of Winter Control Equipment for a Single Axle Plow Truck with Stainless Steel Dump Body to Viking-Cives Ltd. in the amount of $155,447.56 including non-refundable Harmonized Sales Tax, and

    That Council approve the additional funding of $4,861.86 including non-refundable HST above the approved 2021 Capital Budget of $280,000.00 for Project PW-21-0041 for the Supply of Winter Control Equipment for a Single Axle Plow Truck, Supply of a Single Axle Plow Truck Cab and Chassis from the Public Works Equipment Reserve.

    Carried

Appointment of an Engineer under Section 78 of the Drainage Act to enclose a portion of the Bassett Drain

  • R21-04-128
    Moved ByCouncillor Vander Doelen
    Seconded ByCouncillor Verbeek

    That Drainage-2021-02 entitled Appointment of an Engineer under Section 78 of the Drainage Act to enclose a portion of the Bassett Drain prepared by Lindsay Dean, Drainage Superintendent dated April 6, 2021 be received, and

    That Council appoint Rood Engineering Incorporated under Section 78 of the Drainage Act to enclose a portion of the Bassett Drain.

    Carried

RE: Site Specific Zoning Amendment: 0 County Road 50 East (ZBA-01-21) and 3900 North Malden Road (ZBA-02-21) and 0 South Talbot Road (ZBA-03-21)

  • R21-04-129
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Garon

    That Planning-2021-07 entitled Site Specific Zoning Amendment: 0 County Road 50 East (ZBA-01-21 ) and 3900 North Malden Road (ZBA-02-21) and 0 South Talbot Road (ZBA-03-21) prepared by Rita Jabbour, RPP, Manager, Planning Services dated April 6, 2021 be received,

    That By-Law Number 2003, being a by-law to amend By-law Number 1037 for the property at 3900 North Malden Road be read a first, a second, and a third time and finally passed on April 6, 2021,

    That By-Law Number 2004, being a by-law to amend Bylaw Number 1037 for the lands comprising Parts 1 and 2 on 12R28489 be read a first, a second, and a third time and finally passed on April 6, 2021, and

    That By-Law Number 2005, being a by-law to amend By-law Number 1037 for the lands comprising lots 40-52 on Registered Plan Number 1390 be read a first, a second, and a third time and finally passed on April 6, 2021.

    Carried

RE: By-Law to Amend By-Law 1037 for the lands municipally known as 3900 North Malden Road

RE: By-Law to Amend By-Law 1037 for the lands comprising of Part of Lot 284 and 285 Concession South Talbot Road

RE: By-Law to Amend By-Law 1037 for the lands comprising Lots 40-52 on Registered Plan 1390

  • R21-04-130
    Moved ByCouncillor Garon
    Seconded ByCouncillor Bowman

    That all of the correspondence listed in Agenda Item 12.1 be received and, where indicated, to further share such information with the community using suitable methods of communication.

    Carried

RE: Amendments to Orders under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA)

RE: Capacity Limit Changes for some events in Grey-Lockdown, Phase 1 COVID Vaccination Plan, and new COVID Border Testing Orders

RE: Confirmed Active COVID-19 Cases in Windsor and Essex County for the week of March 8 to March 14, 2021

RE: Confirmed Active COVID-19 Cases in Windsor and Essex County for the week of March 22 to March 28, 2021

RE: Open Letter to ORFA Members and Industry Employers

Re: Provincial Budget Highlights and Bill 257 Referred to Committee

RE: Agenda for Wednesday, March 17, 2021

RE: Highway 3 Notice of Completion - Design and Construction Report

RE: New President of the Essex County Federation of Agriculture (ECFA)

RE: Update on the new Ontario Provincial Police (OPP) detachment boards under the Community Safety and Policing Act, 2019 (CSPA)

RE: Letter of thanks from Windsor-Essex Therapeutic Riding Association (WETRA) for donation 

  • R21-04-131
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Bjorkman

    That the correspondence from Dan Boudreau requesting a leave of absence up to a one year period  from the Drainage Board, Property Standards Committee, and the Committee of Adjustment, be received and supported ; and

    That Administration proceed with the necessary steps to fulfill the temporary vacancies on the respective committees for a period of up to one year.

    Carried

RE: Reform the Ontario Wine Industry

  • R21-04-132
    Moved ByCouncillor Verbeek
    Seconded ByDeputy Mayor Meloche

    That the correspondence from the Town of Niagara-on-the-Lake regarding the reform of the Ontario Wine Industry be received and supported; and

    That a letter of support be sent to the Province of Ontario to show Town of Essex's support of the province taking actions ahead of its 2021 to reform the Ontario Wine Industry. 

    Carried
  • R21-04-133
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Vander Doelen

    That all the Committee Meeting minutes listed in Agenda Item 13, together with any recommendations to Council noted therein, be received, approved and adopted as circulated.

    Carried

RE: Long Marsh Drain Replacement and Future Bridge and Barrette Drain Repair and Improvements

FC21-03-003

Moved by Councillor Bowman

Seconded by Councillor Vander Doelen

Recommendation to Council that Finance and Business Services-2021-03 entitled Cash Control Policy prepared by Heather MacDonald, Assistant Manager, Finance and Katelynn Giurissevich, Manager, Finance and Business Services dated March 22, 2021 be received and approved.

Carried

  • R21-04-134
    Moved ByDeputy Mayor Meloche
    Seconded ByCouncillor Bjorkman

    That the 2020 Council Discretionary Fund Summary be received for information.

    Carried
  • R21-04-135
    Moved ByCouncillor Garon
    Seconded ByCouncillor Bowman

    That the Bank Payment Report, including the February 2021 cheque register, cheque number 52621 to cheque number 52698 and electronic funds transfer (EFT) payment number EFT004028 to EFT004211 inclusive in the amount of $1,716,984.04; the Preauthorized Payments for the month of February in the amount of $341,040.60; and Payroll for the month of February in the amount of $350,577.23, be ratified as submitted.

    Carried

RE: Land Acknowledgement

  • Moved ByMayor Snively

    That Administration research and consult with local First Nations, indigenous organizations and other community champions in creating or developing a land acknowledgement statement for the Town of Essex.

RE: Safe and Reliable Supply of Electricity from Hydro One

  • Moved ByCouncillor Bondy

    That Essex Council send a letter to Hydro One to let them know of the concerns we have in our municipality of frequent power outages that are negatively impacting both our residential homes and businesses.

18.

Being a by-law to provide for the Relocation of the Rush Drain, Former Township of Colchester North Now in the Town of Essex, File No. 19-1023

  • R21-04-136
    Moved ByCouncillor Vander Doelen
    Seconded ByCouncillor Garon

    That By-Law Number 1987 being a by-law to provide for the Relocation of the Rush Drain, Former Township of Colchester North Now in the Town of Essex, File No. 19-1023, be read a third time and finally passed on April 6, 2021.

    Carried

Being a by-law to confirm the proceedings of the March 15, 2021, Regular Meeting of Council of The Corporation of the Town of Essex

  • R21-04-137
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Bjorkman

    That By-Law Number 1996 Being a by-law to confirm the proceedings of the March 15, 2021, Regular Meeting of Council of The Corporation of the Town of Essex, be read a third time and finally passed on April 6, 2021.

    Carried

Being a by-law to appoint a By-Law Enforcement Officer for the Town of Essex

  • R21-04-138
    Moved ByCouncillor Garon
    Seconded ByDeputy Mayor Meloche

    That By-Law 1999 being a by-law to appoint a By-Law Enforcement Officer for the Town of Essex be read a first, second and a third time and finally passed on April 6, 2021. 

    Carried

Being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Essex and St. Clair College of Applied Arts and Technology

  • R21-04-139
    Moved ByDeputy Mayor Meloche
    Seconded ByCouncillor Verbeek

    That By-Law Number 2001 being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Essex and St. Clair College of Applied Arts and Technology be read a first, second and a third time and finally passed on April 6, 2021.

    Carried

Being a by-law for the Declaration and Disposition of Surplus Lands (96 County Road 50 West) by The Corporation of the Town of Essex

  • R21-04-140
    Moved ByCouncillor Garon
    Seconded ByCouncillor Bjorkman

    That By-Law 1999 being a by-law for the Declaration and Disposition of Surplus Lands (96 County Road 50 West) by The Corporation of the Town of Essex be read a first, a second and a third time and finally passed on April 6, 2021.

    Carried

Being a by-law to enter into an Agreement between The Corporation of the Town of Essex (“the Recipient”) and Her Majesty the Queen in Right of Ontario as represented by the Office of the Fire Marshal (the “Province”)

  • R21-04-141
    Moved ByCouncillor Vander Doelen
    Seconded ByCouncillor Bowman

    That By-Law Number 2006 being a by-law to enter into an Agreement between The Corporation of the Town of Essex (“the Recipient”) and Her Majesty the Queen in Right of Ontario as represented by the Office of the Fire Marshal (the “Province”) be read a first, second and a third time and finally passed on April 6, 2021.

    Carried

Being a by-law to confirm the proceedings of the April 6, 2021 Regular Meeting of the Council of the Corporation of the Town of Essex

  • R21-04-142
    Moved ByCouncillor Garon
    Seconded ByCouncillor Bowman

    That By-Law 2007 being a by-law to confirm the proceedings of the April 6, 2021 Regular Meeting of the Council of the Corporation of the Town of Essex, be read a first and a second time and provisionally adopted on April 6, 2021.

    Carried
  • R21-04-143
    Moved ByDeputy Mayor Meloche
    Seconded ByCouncillor Vander Doelen

    That the meeting be adjourned at 8:25 P.M.

    Carried
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