Regular Council Meeting Agenda

Monday, May 02, 2022 at 6:00 P.m. - 9:00 P.m.

Location: https://www.youtube.com/user/EssexOntario

​Accessible formats or communication supports are available upon request. Please contact the Clerk’s Office at [e-mail] or 519-776-7336 extension 1100 or 1101.

 

This meeting will be hosted and chaired from the Town of Essex Municipal Building. Due to the ongoing COVID-19 pandemic this meeting is not currently open to the public for in person attendance. This meeting can be viewed by the public electronically via livestream and post-meeting on YouTube at www.youtube.com/EssexOntario

---

1.

Call to Order

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

4.

Closed Meeting Report

5.

Declarations of Conflict of Interest

6.

Adoption of Published Agenda

6.1

Regular Council Meeting Agenda for May 2, 2022

• That the published agenda for the May 2, 2022 Regular Council Meeting be adopted as presented / amended.

7.

Adoption of Minutes

7.1

Regular Council Meeting Minutes for April 19, 2022

• That the minutes of the Regular Council Meeting held April 19, 2022 be adopted as circulated.

8.

Public Presentations

8.1

Dennis Smith and Cindy McPhedran

RE: Short Term Rentals

• That the delegation by Dennis Smith and Cindy McPhedran be received.

8.2

Mike Piche

RE: Short Term Rentals

• That the delegation by Mike Piche be received.

9.

Unfinished Business

10.

Reports from Administration

10.1

Economic Development-2022-05

RE: Community Improvement Plan – Essex Centre and Harrow Final Summary

Recommended Action:

• That Economic Development Report-2022-05 entitled Community Improvement Plan – Essex Centre and Harrow Final Summary prepared by Nelson Silveira, Economic Development Officer dated May 2, 2022, be received.

10.2

Economic Development-2022-07

RE: Essex Tourism Events Fund Applications – Q1 2022

Recommended Action:

• That Economic Development Report-2022-07 entitled Essex Tourism Events Fund Applications – Q1 2022 prepared by Nelson Silveira, Economic Development Officer dated May 2, 2022, be received;

  That Council approve the distribution of $1,000.00 of funding to the McGregor Music Festival Committee from the Essex Tourism Events Fund; and

  That Council approve the distribution of $2,000.00 of funding to Colchester South and Harrow Agricultural Society from the Essex Tourism Events Fund.

10.3

Community Services-2022-03

RE: Special Event Notice – Essex Fun Fest – July 7 to 10, 2022

Recommended Action:

• That Community Services Report-2022-03 entitled Special Event Notice – Essex Fun Fest – July 7 to 10, 2022 prepared by Jake Morassut, Director, Community Services, dated May 2, 2022 be received;

  That Council approve closing Talbot Street between Gosfield Townline and County Road 8 in Essex Centre between 10:00 AM and 11:00 AM for the Essex Fun Fest Parade with the lineup prior to the event taking place on Harvey Street between Albert Street and Medora Avenue; and

  That Council approve the Essex Fun Fest for Significant Event Status for the purposes of applying for their Special Occasion Permit (SOP) for their event on July 7 to 10, 2022.

10.4

Community Services-2022-04

RE: Special Event Notice – Colchester Walleye Derby – June 11, 2022

Recommended Action:

• That Community Services Report-2022-04 entitled Special Event Notice – Colchester Walleye Derby – June 11, 2022 prepared by Jake Morassut, Director, Community Services, dated May 2, 2022 be received;

  That Council approve waiving Noise By-Law No. 2038 from 10:00 AM to 11:00 PM on June 11, 2022, at the Colchester Park to accommodate the entertainment for the Colchester Walleye Derby; and

  That Council approve the Colchester Walleye Derby for Significant Event Status for the purposes of applying for their Special Occasion Permit (SOP) for their event on June 11, 2022.

10.5

Community Services-2022-05

RE: Special Event Notice – McGregor Music Festival – June 12, 2022

Recommended Action:

• That Community Services Report-2022-05 entitled Special Event Notice – McGregor Music Festival – June 12, 2022 prepared by Jake Morassut, Director, Community Services, dated May 2, 2022 be received;

  That Council approve waiving Noise By-Law No. 2038 from 11:00 AM to 8:00 PM on June 12, 2022 at Co-An Park to accommodate the entertainment for the McGregor Music Festival; and

  That Council approve the McGregor Music Festival for Significant Event Status for the purposes of applying for their Special Occasion Permit (SOP) for their event on June 12, 2022.

10.6

 Community Services-2022-06

RE: Special Event Notice – McGregor Mug Run – September 17, 2022

Recommended Action:

• That Community Services Report-2022-06 entitled Special Event Notice – McGregor Mug Run – September 17, 2022 prepared by Jake Morassut, Director, Community Services, dated May 2, 2022 be received;

  That Council approve waiving Noise By-Law No. 2038 from 2:00 PM to 12:00 AM on September 17, 2022 at Co-An Park to accommodate the entertainment for the McGregor Mug Run;

  That Council approve the race route starting at Co-An Park to Walker Road (North bound parking lane only), to Parnell, to the Greenway, to Concession 11 and back to Co-An Park; and

  That Council approve the McGregor Mug Run for Significant Event Status for the purposes of applying for their Special Occasion Permit (SOP) for their event on September 17, 2022.

10.7

Community Services-2022-07

RE: Special Event Notice – Harrow Bluesfest Softball Tournament – August 5 to 7, 2022

Recommended Action:

• That Community Services Report-2022-07 entitled Special Event Notice – Harrow Bluesfest Softball Tournament – August 5 to 7, 2022 prepared by Jake Morassut, Director, Community Services, dated May 2, 2022 be received; and

  That Council approve the Harrow Bluesfest Softball Tournament for Significant Event Status for the purposes of applying for their Special Occasion Permit (SOP) for their event on August 5 to 7, 2022.

10.8

Community Services-2022-08

RE: Special Events Resource Team (SERT) Update

Recommended Action:

• That Community Services Report-2022-08 entitled Special Event Resources Team (SERT) Update prepared by Jake Morassut, Director, Community Services, dated May 2, 2022 be received.

10.9

Community Services-2022-09

RE: Special Event Notice – Women Leading Change through Movement Duathlon – September 17, 2022

Recommended Action:

• That Community Services Report-2022-06 entitled Special Event Notice – Women Leading Change through Movement Duathlon – August 21, 2022 prepared by Jake Morassut, Director, Community Services, dated May 2, 2022 be received; and

  That Council approve the duathlon race route with a run starting at the Harrow Soccer Complex, to Clark Street, to Erie Street North, to Sinasac Street West, to Roseborough Road, to Sinasac Street West, to Secord Street, to Clark Street, to Roseborough Road, to the Harrow Soccer Complex where participants will switch to bikes and go to Concession Road 3, to Smith Road, to Concession Road 4, to Smith Road, to Concession Road 3 and ending at the Harrow Soccer Complex on Roseborough Road.

10.10

 Drainage-2022-03

RE: Appointment of an Engineer under Section 78 of the Drainage Act to install new culverts in the 4th Concession Drain

Recommended Action:

• That Drainage Report-2022-03 entitled Appointment of an Engineer under Section 78 of the Drainage Act to install new culverts in the 4th Concession Drain prepared by Lindsay Dean, Drainage Superintendent dated May 2, 2022 be received; and

  That Council appoint Rood Engineering Incorporated under Section 78 of the Drainage Act to install new culverts in the 4^th Concession Drain.

10.11

Fire and Rescue Services-2022-03

RE: Firefighter Provincial Certification

Recommended Action:

• That Fire and Rescue Services Report-2022-02 entitled Firefighter Provincial Certification prepared by Richard Arnel, Fire Chief dated May 2, 2022, be received for Council information.

10.12

Operations-2022-04

RE: Results of Tender - Supply and Application of Maintenance Stone 2022

Recommended Action:

• That Operations Report-2022-04 entitled Results for Tender- Supply and Application of Maintenance Stone 2022 prepared by Norm Nussio, Manager, Operations and Drainage dated May 2, 2022 be received; and

  That Council award the Request for Tender- Supply and application of Maintenance Stone 2022 to Jeff Shepley Excavating in the amount of $190,000.00 including non-refundable Harmonized Sales Tax.

10.13

Legal and Legislative Services-2022-16

RE: Procedural By-Law and Electronic Participation in Meetings

Recommended Action:

• That Legal and Legislative Services Report-2022-16 entitled Procedural By-Law and Electronic Participation in Meetings prepared by Robert W Auger, Town Solicitor /Clerk dated May 2, 2022, be received; and

  That Council endorses the status quo provisions of the procedural by-law relating to electronic participation in meetings:

  -OR-

  That Council provides the following additional direction(s) relating to proposed amendments to the procedural by-law in reference to electronic participation in meetings:_____________________________________________________________;

  That Council direct administration to provide that delegations for the regular and special council meetings be allowed to continue to have the option of attending electronically;

  That Council endorses and supports the live streaming of Regular and Special Council meetings on a permanent going forward basis; and  

  That Council give direction to Administration to review and bring forward recommendations relating to the live streaming of Committees for the next term of Council.

10.14

Legal and Legislative Services-2022-17

RE: Results of Request for Proposal - Municipal Waste Collection Services

Recommended Action:

• That Legal and Legislative Services-2022-17 entitled Results of Request for Proposal - Municipal Waste Collection Services be received;

  That Council award the Request for Proposal for Municipal Waste Collection Services to GFL Environmental Inc. (“GFL”) for a two year period commencing May 2, 2022 and ending on May 1, 2024 and direct Administration to return with the appropriate by-law for Council’s consideration approving the entering into of an agreement for the provision of Municipal Waste Collection Services; and

  That the actual overage for the period of 7 months (May 1 to December 31, 2022) will be funded from the Garbage Levy Reserve and that the Garbage Levy be adjusted in the next fiscal budget to fund any deficit and subsequent rate increases.

11.

Reports from Youth Members

12.

County Council Update

12.1

Essex County Council Regular Meeting Minutes - April 6, 2022

• That the minutes of the Regular County Council Meeting held April 6, 2022 be received.

13.

Correspondence

13.1

Correspondence to be received

• 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.

13.1.1

City of Windsor

RE: 2021 Provincial Offences Act Annual Report

13.1.2

County of Essex

RE: Intersection of County Road 23 and County Road 20

13.1.3

Town of Halton Halls

RE: Build it Right the First Time

13.1.4

Union Water Supply System

RE: Joint Board Management Minutes - March 16, 2022

13.1.5

Hastings Highlands

RE: Funding Support for Infrastructure Projects - Bridge and Culvert Replacements in Rural Municipalities

13.1.6

Multi-Municipal Wind Turbine Working Group

RE: Concerns Related to Noise and Public Safety of Citizens

13.1.7

The Corporation of The Town of Cochrane

RE: Year of the Garden 2022

13.2

Correspondence to be considered for receipt and support

13.2.1

Town of Essex

RE: Termination of a Declaration of Emergency

• That the Town of Essex declare a state of Local Emergency be terminated in accordance with the Emergency Management and Civil Protection, be received and supported.

13.2.2

Essex Fire and Rescue

RE: International Firefighter's Day

• That the correspondence by the Essex Fire and Rescue Services asking Council to consider proclaiming International Firefighters' Day (IFFD) in the Town of Essex, be received and supported; and

  That Council proclaims the day of May 4, 2022 as International Firefighters' Day (IFFD) by adopting the following resolution:

  Whereas, Firefighters dedicate their lives to the protection of life and property; and sometimes that dedication is in the form of countless hours volunteered over many years, in others it is many selfless years working in the industry; in all cases it risks the ultimate sacrifice of a firefighter's life; and

  Whereas, International Firefighters' Day (IFFD) is a time where the community can recognize and honor the sacrifices that firefighters make to ensure that their communities and environment are as safe as possible; it is also a day in which current and past firefighters can be thanked for their contributions; and

  Whereas, hailing from all walks of life, they are our mothers, fathers, brothers, sisters, aunts, uncles, grandparents, neighbors, and friends. They protect us without wanting of recognition or reward. In our time of need they are there with courage, compassion, and loyalty. They are the essence of the true meaning of community.

  Now, Therefore, I Mayor Richard Meloche, on behalf of the Town Council and community at large, now call upon all citizens of the Town of Essex and upon all patriotic, civic, and educational organizations to observe the day of May 4, 2022, in recognition of the patriotic service and dedicated efforts of our fire and emergency services personnel.

13.2.3

Nature Canada

RE: World Ocean Day - June 8, 2022

• That the correspondence by Nature Canada asking Council to consider proclaiming World Ocean's Day in the Town of Essex, be received or received and supported; and if supported

  That Council proclaims the day of June 8, 2022 as World's Ocean's Day by adopting the following resolution:

  Whereas, Wednesday, June 8, 2022, is the 30th annual World Ocean’s Day. World Oceans Day is the United Nations day for celebrating the role of the ocean in everyday life and inspiring action to protect it.
  Whereas, Countries around the world, including Canada as a prominent leader, have committed to protecting 30% of their ocean territory by 2030 in order to reverse nature loss in the ocean and safeguard at-risk marine life.
  Whereas, The ocean is home to hundreds of species at risk, vulnerable ecosystems, and is a crucial carbon sink shielding us from the worst of climate change.
  Whereas, The ocean produces over half of the world’s oxygen and absorbs 50 times more carbon dioxide than our atmosphere. Therefore protecting the ocean is in the interest of all life on Earth, and communities both coastal and inland, as it is essential to our shared future.
  Whereas, It is the jurisdiction of the Government of Canada, under various pieces of legislation and regulation, to establish marine protected areas in consultation with Indigenous Peoples. Many Indigenous nations and communities are leading in the conservation of the ocean, and have been stewards of the ocean since time immemorial.
  Whereas, It is important for municipal leaders to demonstrate support for actions to safeguard the ocean, as they have for action on climate change and other environmental matters of national importance.
  Whereas, In celebrating the ocean, and protecting its habitats and ecosystems, we can together raise the profile of ocean conservation’s critical role in improving planetary health and slowing the crisis of species collapse and ecosystem decline.
  Therefore be it resolved that the Town of Essex recognizes the 30th anniversary of World Oceans Day on June 8th, 2022 and supports national and international efforts to protect 30% of the ocean by 2030.

13.2.4

Arts, Culture, and Tourism Committee

RE: Resignation of Patti Oshar from the Arts, Culture, and Tourism Committee

• That a letter be sent to Patti Oshar thanking her for her time spent on the Arts, Culture and Tourism Committee.

14.

Committee Meeting Minutes

• 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.

14.1

Finance Committee - April 11, 2022

14.2

Essex Municipal Heritage Committee - March 31, 2022

15.

Financial

15.1

February 2022 Bank Payments Report

• That the Bank Payments Report, including February 2022 cheque register, cheque number 54095 to cheque number 54209 and electronic funds transfer (EFT) payment number EFT006124 to EFT006316 inclusive in the amount of $3,459,844.30; the Preauthorized Payments for the month of February in the amount of $348,166.69; and Payroll for the month of February in the amount of $379,595.78, be ratified as submitted.

15.2

2022 March Bank Payments Report

• That the Bank Payments Report, including March 2022 cheque register, cheque number 54210 to cheque number 54309 and electronic funds transfer (EFT) payment number EFT006317 to EFT006541 inclusive in the amount of $5,629,720.15; the Preauthorized Payments for the month of March in the amount of $405,301.07; and Payroll for the month of March in the amount of $539,078.84, be ratified as submitted.

15.3

Q1 Operating and Capital Variance Reports 

• That Operating and Capital Variance Reports as at March 31, 2022 be received.

16.

New Business

17.

Notices of Motion

17.1

The following Notice of Motion was presented at the April 19, 2022 Regular Council Meeting and is being brought forward this evening for Council's consideration:

17.1.1

Mayor Meloche

• Moved by Mayor Meloche

  That in recognition of the Essex 73’s approaching their 50th year and being the winningest Junior “C” franchise in Ontario, that direction be given to Administration to develop insertable gateway signage for the 5 Essex Centre gateway signs to recognize their 50 years.

17.1.2

Councillor Bondy

• Moved by Councillor Bondy

  That Council request from Administration an updated sanitary sewage and storm water capacity for all wards in the Town of Essex.

17.1.3

Councillor Matyi

• Moved by Councillor Matyi

  That Council direct Administration to provide that all licence applications to operate short term rental properties established after May 2, 2022 require the owner of the short term rental either be living in or on the property which is their primary residence or be within 100 metres of the property in their primary residence in order to be considered for a licence to operate a short term rental unit in a residential (R) zoned property.

17.2

The following Notice of Motion is being presented this evening and will be brought forward for Council's consideration at the May 16, 2022 Regular Council Meeting:

17.2.1

Councillor Bondy

• That Council use either grant money or funds from the Council Contingency fund to construct/install an accessible bathroom at the Kinsmen field house in Ward 1.

18.

Reports and Announcements from Council Members

19.

By-Laws

19.1

By-Laws that require a third and final reading

19.1.1

By-Law 2148

Being a by-law to confirm the proceedings of the April 19, 2022, Regular Meeting of Council of The Corporation of the Town of Essex

• That By-Law 2148 being a by-law to confirm the proceedings of the April 19, 2022, Regular Meeting of Council of The Corporation of the Town of Essex be read a third time and finally passed on May 2, 2022.

19.2

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

19.2.1

By-Law 2153

Being a by-law to authorize the borrowing of money to meet current expenditures of The Corporation of the Town of Essex

• That By-Law 2153 being a by-law to authorize the borrowing of money to meet current expenditures of The Corporation of the Town of Essex be read a first, a second, and a third time and finally passed May 2, 2022.

19.2.2

By-Law 2080

Being a by-law to appoint a Manager, Capital Works, Asset Management for the Town of Essex

• That By-Law 2080 being a by-law to appoint a Manager, Capital Works, Asset Management for the Town of Essex be read a first, a second, a third time and finally passed on May 2, 2022.

19.2.3

By-Law 2083

Being a by-law to appoint a Deputy Chief Building Official/By-Law Enforcement Officer for the Town of Essex

• That By-Law 2083 being a by-law to appoint a Deputy Chief Building Official/By-Law Enforcement Officer for the Town of Essex be read a first, a second, and a third time and finally passed on May 2, 2022.

19.2.4

By-Law 2084

Being a by-law to appoint a Manager, Parks and Facilities for the Town of Essex

•  That By-Law 2084 being a by-law to appoint a Manager, Parks and Facilities for the Town of Essex be read a first, a second, and a third time and finally passed on May 2, 2022.

19.2.5

By-Law 2091

Being a by-law of the Corporation of the Town of Essex to authorize the borrowing upon amortizing debentures in the principal amount of $250,000 towards the cost of Shoreline Loan Program 

• That By-Law 2091 being a by-law of the Corporation of the Town of Essex to authorize the borrowing upon amortizing debentures in the principal amount of $250,000 towards the cost of Shoreline Loan Program be read a first, a second and a third time and finally passed on May 2, 2022.

19.3

By-Laws that require a first and second reading

19.3.1

By-Law 2152

Being a by-law to confirm the proceedings of the May 2, 2022, Regular Meeting of Council of The Corporation of the Town of Essex

• That By-Law being a by-law to confirm the proceedings of the May 2, 2022, Regular Meeting of Council of The Corporation of the Town of Essex be read a first, a second time and provincially adopted May 2, 2022

20.

Adjournment

• That the meeting be adjourned at [TIME].

21.

Future Meetings

21.1

Monday, May 16, 2022 - 6:00 - 9:00 PM Regular Council Meeting

Location: Electronic Meeting via Zoom
Livestream Available at www.youtube.com/Essex/Ontario

21.2

Monday, June 6, 2022 - 4:30 - 6:00 PM Special Council Meeting

RE: Preparation of New Official Plan

Location: Electronic Meeting via Zoom
Livestream Available at www.youtube.com/Essex/Ontario

21.3

Monday, June 6, 2022 - 6:00 - 9:00 PM Regular Council

Location: Electronic Meeting via Zoom
Livestream Available at www.youtube.com/Essex/Ontario