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 Richard Meloche
  • Deputy Mayor Steve Bjorkman
  • Ward 1 Councillor Joe Garon
  • Ward 1 Councillor Morley Bowman
  • Ward 2 Councillor Kim Verbeek
  • Ward 3 Councillor Jason Matyi
  • Ward 3 Councillor Chris Vander Doelen
  • Ward 4 Councillor Sherry Bondy
Also Present:
  • Doug Sweet, Chief Administrative Officer
  • Lori Chadwick, Director, Development Services
  • Kevin Girard, Director, Infrastructure Services
  • Kate Giurissevich, Director, Corporate Services
  • Cassandra Roy, Legislative Clerk, Legal and Legislative Services
  • Jake Morassut, Director, Community Services
  • Norm Nussio, Manager Operations and Drainage
  • Rita Jabbour, Manager, Planning 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 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


Mayor Meloche 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.

Councillor Bondy declared a conflict of interest pertaining to Agenda Item 10.9 and stated that the reason for the conflict was due to a family member employed with Upper Canada Growers.

  • R22-04-150
    Moved ByCouncillor Verbeek
    Seconded ByDeputy Mayor Bjorkman

    That the published agenda for the April 19, 2022 Regular Council Meeting be adopted with the following amendments:

    1. That Agenda Item 10.9.1 entitled By-Law 2146 be revised for Section 1 of that by-law to read, The height of the ancillary dwellings shall not exceed one story (14 feet).
    2. That Agenda Item 17.2.2 be added to allow for the presentment of a Notice of Motion by Councillor Bondy.
    3. That Agenda Item 17.2.3 be added to allow for the presentment of a Notice of Motion by Councillor Matyi.
    4. That Agenda Item 8.1 be added to add Marie Vieira, Victor Vieira, Steve Mayer and Victor Anber as delegates with respect Agenda Item 10.10.
    Carried
  • R22-04-151
    Moved ByCouncillor Garon
    Seconded ByCouncillor Bowman

    That the minutes of the Regular Council Meeting held April 4, 2022 be adopted as circulated.

    Carried

RE: Site Specific Zoning Amendment for 6954 6th Concession Road

Marie Vieira on behalf of herself and Victor Vieira explained that she is a concerned resident whose property abuts to Mr. Anber's property. She posed several questions to Council regarding current setbacks and fire safety measures. She stated that the storing of fireworks on Mr. Anber's property negatively affects her property value and safety. She proposed that Mr. Anber only be allotted four months to reduce his current supply and safely transport the remainder of fireworks to a new location.

Rita Jabbour, Manager, Planning Services explained that setbacks between storage containers and any neighbouring building are federally regulated. She noted that at its Special Council Meeting of March 28, 2022 it was noted by Mr. Anber the distance between the neighbouring dwellings and the shipping containers was 300 metres and the federal regulation require at least 59 metres.

Steve Mayer explained that when the Municipal Property Assessment Corporation (MPAC) accesses his property and other neighbouring properties, the properties would be classified as properties beside commercial property therefore decreasing the property value.

RE: Site Specific Zoning Amendment for 6954 6th Concession Road

Planning Report-2022-12 (as moved from  as Item 10.10 on the Agenda.)

Ms. Jabbour advised that it was administrations recommendation going forward to permit the storage of professional display fireworks at 6954 6th Concession Road but in a maximum of twelve (12) storage containers and that a temporary by-law be considered to allow for a temporary period of one (1) year to allow for the ongoing storage of consumer fireworks in the ten (10) existing storage containers.

Council further deliberated on the Site Specific Zoning Amendment for 6954 6th Concession Road.

Councilor Garon asked about the federal regulations relating to issuing licenses for the storage of fireworks. Ms. Jabbour advised that the federal ministry responsible for regulating this area was contacted and administration was advised that Mr. Anber’s operations at 6954 6th Concession Road currently meet all related federal regulations.  

Council did not move the recommended actions by Administration.

During the deliberations administration further advised Council that the current temporary zoning permission by-law allowing for the storage of fireworks at 6954 6th Concession is for three years set to expire and based on the Planning Act this by-law cannot exceed three years. Administration further advised Council that instead of an extension Council could potentially look at or consider a new temporary zoning by-law allowing for the said use for a period not to exceed four months.

Mr. Anber was asked by the Mayor if 1) he had given consideration to leasing a appropriate property (noting that Mr. Anber had indicated he had not been able to find other suitable land for the storage thereof and 2) if he had looked at splitting and lowering the current concentration of 12 existing containers over 2-3 other locations of the property. Mr. Anber replied that finding even a lease of land has not been feasible because despite meeting all safety concerns, it was still exceeding difficult to find other properties willing to sell or lease for the purposes of his fireworks storage operations.

  • R22-04-152
    Moved ByCouncillor Vander Doelen
    Seconded ByCouncillor Garon

    That Agenda Item 10.10 be moved up to Agenda Item 8.1 as it relates to the delegation. 

    Carried
  • R22-04-153
    Moved ByCouncillor Verbeek
    Seconded ByDeputy Mayor Bjorkman

    That Planning Report-2022-12 entitled Site Specific Zoning Amendment for 6954 6th Concession Road prepared by Rita Jabbour, Manager, Planning Services dated April 19, 2022 be received;

    That the presentations by Marie and Victor Vieira, and Steve Mayer be received; and

    That Council deny the rezoning application but grants a temporary zoning permission through a temporary use by-law to be presented at the next Regular Council meeting which temporary use by-law will permit the retention of the existing storage containers for the purpose of the storage fireworks for a period not to exceed four months from May 6, 2022.

    Administration during discussion on the motion then advised Council of what the applicable appeal timelines would be if Council made a decision on the application and it was noted that upon a valid appeal being file with the Land tribunal any decision made by Council and further action upon that decision would be deferred until such time as the land tribunal made a decision on that filed appeal.

    Councillor Bondy requested a recorded vote:

    SupportOpposed
    Mayor MelocheX
    Councillor BondyX
    Deputy Mayor BjorkmanX
    Councillor BowmanX
    Councillor GaronX
    Councillor VerbeekX
    Councillor Vander DoelenX
    Councillor MatyiX
    Results35
    Defeated (3 to 5)
  • R22-04-154
    Moved ByDeputy Mayor Bjorkman
    Seconded ByCouncillor Garon

    That Planning Report-2022-12 entitled Site Specific Zoning Amendment for 6954 6th Concession Road prepared by Rita Jabbour, Manager, Planning Services dated April 19, 2022 be received; and

    That the presentations by Marie and Victor Vieira, and Steve Mayer be received.

    Carried

RE: Municipal Election Recount Policy

  • R22-04-155
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Matyi

    That Legal and Legislative Services Report-2022-14 entitled Municipal Election Recount Policy prepared by Robert W. Auger, Town Solicitor/Clerk dated April 19, 2022 be received; and

    That Council support the Town of Essex Municipal Election Recount Policy by giving a first, second, and third reading thereto and finally pass By-Law 2115 Being a by-law to adopt a Municipal Election Recount Policy.

    Carried

RE: Online Convenience Fee- Building Permitting

  • R22-04-156
    Moved ByCouncillor Bondy
    Seconded ByCouncillor Vander Doelen

    That Corporate Services Report-2022-02 entitled Online Convenience Fee prepared Kate Giurissevich, Director, Corporate Services dated April 19, 2022 be received; and

    That Council authorize the addition of a online convenience fee of 3% for fees paid through credit card through Cloudpermit, as proposed in the attached amendment to Schedule “A” of By-Law 2040.

    Carried

RE: Brush Drain Reconsideration

  • R22-04-157
    Moved ByDeputy Mayor Bjorkman
    Seconded ByCouncillor Bondy

    That Drainage-2022-02 entitled Brush Drain Report Consideration prepared by Lindsay Dean, Drainage Superintendent dated April 19, 2022 be received, and

    That pursuant to Section 57 of the Drainage Act the report for the Brush Drain dated December 23, 2021 be referred back to Rood Engineering Inc. for reconsideration, and

    That By-Law 2131 that has been provisionally adopted be repealed.

    Carried

RE: Reallocation of Funds – Harrow High School Roof

  • R22-04-158
    Moved ByCouncillor Bondy
    Seconded ByDeputy Mayor Bjorkman

    That Parks and Facilities Report-2022-06 entitled Reallocation of Funds – Harrow High School Roof prepared by Jake Morassut, Director, Community Services, dated April 19, 2022 be received; and

    That Council approve the reallocation of $20,000.00 of taxation funding from project CS-21-0043, New Public Washrooms/Change Rooms at the Harrow Splash to a new 2022 capital project entitled “Harrow High School Roof Repairs”.

    Councillor Vander Doelen requested a recorded vote:

    SupportOpposed
    Mayor MelocheX
    Councillor BondyX
    Deputy Mayor BjorkmanX
    Councillor BowmanX
    Councillor GaronX
    Councillor VerbeekX
    Councillor Vander DoelenX
    Councillor MatyiX
    Results71
    Carried (7 to 1)

RE: Building Report and Development Overview March 2022

  • R22-04-159
    Moved ByDeputy Mayor Bjorkman
    Seconded ByCouncillor Bowman

    That Economic Development Report-2022-06 entitled Building Report and Development Overview March 2022 prepared by Nelson Silveira, Economic Development Officer dated April 19, 2022 be received for information.

    Carried

RE: Climate Change Adaptation Plan Annual Report

Lori Chadwick, Director, Developmental Services provided a verbal report on the Climate Change Adaptation Plan Annual Report and noted various action items to be completed over a five-year time span to better prepare ourselves and adapt to the impacts of a changing climate through various initiatives, policy changes, process improvements, infrastructure projects, and communications.

  • R22-04-160
    Moved ByDeputy Mayor Bjorkman
    Seconded ByCouncillor Verbeek

    That Development Services Report-2022-05 entitled Climate Change Adaptation Plan Annual Report prepared by Lori Chadwick, Director, Development Services and Marc Tortola, Manager, Strategic Communications dated April 19, 2022 be received for information.

    Carried

RE: Policy for Community Safety Zones

  • R22-04-161
    Moved ByDeputy Mayor Bjorkman
    Seconded ByCouncillor Bowman

    That Operations Report-2022-03 entitled Policy for Community Safety Zones prepared by Norman Nussio dated April 19, 2022, be received;

    That Council adopt Infrastructure Services Policy #047 entitled Community Safety Zone Policy; and

    That Council authorize and direct Infrastructure Services to only install Community Safety Zones, or variations thereof, within community where applicable in accordance with the Community Safety Zone Policy.

    Carried

RE: Part Lot Control Exemption Request for Phase 1 of the Parkland Woods Residential Subdivision (Ward 3)

  • R22-04-162
    Moved ByCouncillor Vander Doelen
    Seconded ByCouncillor Matyi

    That Planning Report-2022-10 entitled Part Lot Control Exemption Request for Phase 1 of the Parkland Woods Residential Subdivision (Ward 3) prepared by Rita Jabbour, RPP, Manager, Planning Services dated April 19, 2022 be received; and

    That By-Law 2145, Being a By-Law to provide that Part Lot Control shall not apply to certain lands within Registered Plan 12M-684 be read a first, a second, a third time and finally passed on April 19, 2022.

    Carried

RE: Site Specific Zoning and Site Plan Control Amendment for 1110 Ridge Road (Ward 3)

Rita Jabbour, Manager, Planning Services explained that at the February 22, 2022 Special Council Meeting Council considered a rezoning for 1110 Ridge Road to construct two new ancillary dwellings to accommodate the housing of farm help and as part of that zoning amendment there was a proposed reduction in the setback between the dwellings and the commercial wind turbine located on the neighbouring property. She noted that the proposed reduction was to allow a setback of 429 metres and the current setback required under the zoning by-law is 550 metres. She stated that based on the Ministry's criteria all windows and doors should have a sound transmission class of 39 or meet an indoor noise level of 40 decibels. 

  • R22-04-163
    Moved ByDeputy Mayor Bjorkman
    Seconded ByCouncillor Bowman

    That Planning Report-2022-11 entitled Site Specific Zoning and Site Plan Control Amendment for 1110 Ridge Road (Ward 3) prepared by Rita Jabbour, RPP, Manager, Planning Services dated April 19, 2022 be received;

    That By-Law 2146, Being a By-Law to Amend By-Law 1037, the Comprehensive Zoning By-Law for the Town of Essex, to permit the construction of two (2) new ancillary dwellings to accommodate the housing of farm help at 1110 Ridge Road (ward 3), be read a first, a second and a third time and finally passed on April 19, 2022; and

    That consideration of By-Law 2147, Being a By-Law to Amend By-Law 1979, the existing Site Plan Control Agreement between: The Corporation of the Town of Essex and Upper Canada Growers (UGC) Land INC, for the construction of two (2) new ancillary dwellings for the accommodation of farm help at 1110 Ridge Road (Ward 3), be deferred to the Regular Council Meeting held on May 16, 2022.

    Councillor Verbeek requested a recorded vote:

    SupportOpposed
    Mayor MelocheX
    Deputy Mayor BjorkmanX
    Councillor BowmanX
    Councillor GaronX
    Councillor VerbeekX
    Councillor Vander DoelenX
    Councillor MatyiX
    Results70
    Carried (7 to 0)
  • R22-04-164
    Moved ByDeputy Mayor Bjorkman
    Seconded ByCouncillor Bowman

    That the minutes of the Regular County Council Meeting held March 16, 2022 be received.

    Carried
  • R22-04-165
    Moved ByCouncillor Garon
    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: Canadian Food Inspection Agency (CFIA)

RE: 6954 6th Concession Zoning By-Law Amendment

RE: 11th Annual Survivor Date - May 27, 2022

RE: Year of the Garden 2022

  • R22-04-166
    Moved ByCouncillor Verbeek
    Seconded ByCouncillor Bowman

    That the correspondence from Jake Morassut, Director, Community Services, asking Council to consider proclaiming the Year of the Garden in the Town of Essex, be received or received and supported; and if received and supported

    That Council proclaims the week of May 7 to May 13, 2022 as the Year of the Garden in the Town of Essex by adopting the following resolution:

    That The Town of Essex Hereby Proclaims 2022 as the Year of the Garden in celebration of the contribution of gardens and gardening to the development of our country, our municipality and the lives of our citizens in terms of health, quality of life and environmental challenges;

    That the Saturday before Father’s Day, National Garden Day, June 18 in 2022, be recognize as Garden Day in The Town of Essex as a legacy of Canada’s Year of the Garden 2022;

    That The Town of Essex is committed to be a Garden Friendly City supporting the development of its garden culture and is proud to have beautiful streetscapes, planters, and garden beds throughout the municipality; and

    That all municipalities across Canada be invited to proclaim 2022 to be the Year of the Garden in their respective municipalities, and that a copy of this resolution be provided to the FCM, and for that purpose.

    Whereas Communities in Bloom and “Fleurons du Québec” in collaboration with the Canadian Garden Council, invite all municipalities to celebrate the Year of the Garden 2022;

    Whereas the Year of the Garden 2022 celebrates the Centennial of Canada’s horticulture sector;

    Whereas gardens and gardening contribute to the quality of life of our municipality, our climate action goals and create safe and healthy places where people can come together in the spirit of inclusivity and reconciliation:

    Whereas the Year of the Garden 2022 will highlight and celebrate the important contribution of gardeners, our local gardening organizations, horticultural professionals and local horticultural businesses which contribute to garden culture and experience of our municipality;

    Whereas gardens and gardening have helped us face the challenges of the COVID pandemic;

    Now, Therefore, I Mayor Meloche, do hereby proclaim 2022 as the Year of the Garden in the Town of Essex.

    Carried

RE: Correspondence dated April 8, 2022 advising Council of the resignation by Luke Martin from the Drainage Board.

  • R22-04-167
    Moved ByCouncillor Garon
    Seconded ByCouncillor Bowman

    That the correspondence from Luke Martin dated April 8, 2022 advising of his resignation from the Drainage Board, be received with regret; and

    That a letter be sent to Luke Martin thanking him for his time spent on the Board.

    Carried

RE: 2022 Senior of the Year Award: Request of Nominee

  • R22-04-168
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Bondy

    That Council receive the correspondence from the Ministry for Seniors and Accessibility and dated April 5, 2022; and

    That Council call for nominations for the Town of Essex Senior of the year for 2022 and defer the nomination until the Special Council Meeting held on April 25, 2022.

    Carried

Administration discussed with Council possible options to fixing the stained accessible textured crosswalks at the Harrow Streetscape. 

  • R22-04-170
    Moved ByCouncillor Bondy
    Seconded ByCouncillor Verbeek

    That Council have a public discussion about the stained accessible textured crosswalks at the Harrow Streetscape.

    Carried
  • Moved ByMayor 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.

  • Moved ByCouncillor Bondy

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

  • Moved ByCouncillor 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.

Councillor Bowman and Mayor Meloche congratulated the Essex 73's on a successful season.

Councillor Bondy announced that Byerswood Youth Camp will be hosting an Earth Day event this Saturday, April 23, 2022 with lots of children's activities and will be collecting recycled electronics.

Councillor Bjorkman announced that April 28th is National Day of Mourning and that all Essex flags will be at half mass to recognize workers who have lost their lives, suffered injury or illness on the job or experienced a work-related tragedy.

19.

Being a by-law to provide for 10-11 Sideroad Drain: Replacement Bridges for Rivest and Campbell, Former Geographic Township of Colchester North, Project REI2021D002, Town of Essex, County of Essex

  • R22-04-171
    Moved ByCouncillor Bowman
    Seconded ByDeputy Mayor Bjorkman

    That By-Law 2110 being a by-law to provide for 10-11 Sideroad Drain: Replacement Bridges for Rivest and Campbell, Former Geographic Township of Colchester North, Project REI2021D002, Town of Essex, County of Essex be read a third time and finally passed on April 19, 2022.

    Carried

19.1.2

Being a by-law to provide for the Brooks Drain: Maintenance Schedule, Geographic Township of Colchester North, Project REI2020D026

  • R22-04-172
    Moved ByCouncillor Vander Doelen
    Seconded ByCouncillor Bowman

    That By-Law 2130 being a by-law to provide for the Brooks Drain: Maintenance Schedule, Geographic Township of Colchester North, Project REI2020D026, be read a third time and be finally passed on April 19, 2022.

    Carried

Being a by-law to confirm the proceedings of the April 4, 2022, Regular Meeting of Council of The Corporation of the Town of Essex

  • R22-04-173
    Moved ByDeputy Mayor Bjorkman
    Seconded ByCouncillor Bowman

    That By-Law 2144 being a by-law to confirm the proceedings of the April 4, 2022, Regular Meeting of Council of The Corporation of the Town of Essex be read a third time and finally passed on April 19, 2022.

    Carried

Being a by-law to appoint a Manager, Finance & Business Services/Deputy Treasurer for the Town of Essex

  • R22-04-174
    Moved ByCouncillor Vander Doelen
    Seconded ByCouncillor Bondy

    That By-Law 2073 being a by-law to appoint a Manager, Finance & Business Services/Deputy Treasurer for the Town of Essex be read a first, a second, and a third time and finally passed April 19, 2022.

    Carried

Being a by-law to appoint an Assistant Manager, Legal & Licensing for the Town of Essex

  • R22-04-175
    Moved ByDeputy Mayor Bjorkman
    Seconded ByCouncillor Garon

    That By-Law 2074 being a by-law to appoint an Assistant Manager, Legal & Licensing for the Town of Essex be read a first, a second, and a third time and finally passed April 19, 2022.

    Carried

Being a By-Law to provide that Part Lot Control shall not apply to certain lands within Blocks 1, 2, 8, 9, 10, 11, and 17, all inclusive, Registered Plan 12M-545, situated south of Maidstone Avenue West, east of South Talbot Road (Essex Town Centre) in Essex Centre

  • R22-04-176
    Moved ByCouncillor Vander Doelen
    Seconded ByCouncillor Garon

    That By-Law 2142 Being a By-Law to provide that Part Lot Control shall not apply to certain lands within Blocks 1, 2, 8, 9, 10, 11, and 17, all inclusive, Registered Plan 12M-545, situated south of Maidstone Avenue West, east of South Talbot Road (Essex Town Centre) in Essex Centre be read a first, a second, a third time and finally passed on April 19, 2022.

    Carried

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

  • R22-04-177
    Moved ByDeputy Mayor Bjorkman
    Seconded ByCouncillor Bowman

    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 first and a second time and provisionally adopted on April 19, 2022.

    Carried
  • R22-04-178
    Moved ByCouncillor Garon
    Seconded ByDeputy Mayor Bjorkman

    That the meeting be adjourned at 8:47 PM.

    Carried
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