Regular Council Meeting Agenda

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Essex Civic Centre
360 Fairview Avenue West
Essex, Ontario

​Accessible formats or communication supports are available upon request.Please contact the Clerk’s Office at clerks@essex.ca or 519-776-7336 extension 1100 or 1101.​​

This meeting will be hosted and chaired from the Essex County Civic Centre Council Chambers.  Due to the ongoing COVID-19 pandemic and the Essex County Civic Centre building not being open to the public at this time, this meeting can only be viewed by the public electronically via livestream on YouTube.


  • That the published agenda for the December 21, 2020 Regular Council Meeting be adopted as presented / amended.

  • That the minutes of the Regular Council Meeting held December 7, 2020 be adopted  as circulated.

RE: Update to Council on the Southwestern Integrated Fibre Technology Initiative (SWIFT) and the broadband internet Cogeco-SWIFT Project

  • Power Point Presentation 

RE: Request to use the Scout Hall on McAffee Street in Harrow  during the pandemic to store non-perishable goods.

RE: Essex Non-Profit Homes Inc. (ENPH) Renewal and Repair Project and Request for Support.

RE: Request for Tender - Construction of Crystal Beach Drain

RE: Results of Request for Tender – Construction of Crystal Beach Drain

  • Letter of Appeal received from Resident  
  • That Drainage-2020-14 Report entitled "Results for Request for Tender - Construction of Crystal Beach Drain" prepared by Lindsay Dean, Drainage Superintendent dated December 21, 2020, be received, and

    That Council award the Request for Tender - Construction of Crystal Beach Drain (RFT-ID-20-021) to Sterling Ridge Infrastructure Inc. in the amount of $457,207.68 including non-refundable Harmonized Sales Tax.

RE: Update on Large Development Projects Toolbox

RE: Waiving of fees for Town leases during lockdown (Grey)

RE: Building Report and Development Overview November 2020

  • That Economic Development -2020-20 Report entitled "Building Report and Development Overview November 2020" prepared by Nelson Silveira, Economic Development Officer dated December 21, 2020 be received for information.

RE: Revised Schedules to By-Laws 1812, 1331 and 1850

  • That Corporate Services Report-2020-05 report entitled “Revised Schedules to By-Laws 1812, 1331 and 1850” be received, and

    That the following three schedules be revised as indicated effective as of January 1, 2021:

    1. Schedule “C” to By-Law Number 1812, being a by-law respecting the maintenance, management, regulation and control of any cemetery owned by The Corporation of the Town of Essex,
    2. Schedule “A” to By-Law Number 1331, being a by-law to establish a schedule of miscellaneous fees and charges, and
    3. Schedule “B” to By-Law Number 1850, being a by-law for the imposition of Development Charges.

RE: 3rd Concession Truck Traffic Petition

  • That Infrastructure Services-2020-10 report entitled "3rd Concession Truck Traffic Petition" prepared by Kevin Girard, Director, Infrastructure Services dated December 21, 2020, be received;

    That the petition filed by the residents of the 3rd Concession between County Road 11 (Walker Road) and County Road 23 (Arner Townline), be received; and

    That the 3rd concession remain a Class "B" road but that the resident concerns  and subsequent speed limit reduction petition be addressed through the Town's Policy for Establishing Speed Limits.

RE: Proposed Allocation of Remaining Union Water Supply System ("UWSS") Treatment Capacity

  • That Infrastructure Services-2020-14 report entitled "Proposed Allocation of Remaining Union Water Supply Sewer Treatment Capacity" prepared by Kevin Girard, Director, Infrastructure Services dated December 21, 2020, together with the attached correspondence from Union Water Supply System dated November 2, 2020  be received, and

    That Council authorize the Director, Infrastructure Services to draft and send a response letter of non-support for the correspondence received on November 2nd, 2020 from Union Water Supply System regarding the proposed allocation of remaining water treatment capacity.

RE: Sanitary Service Area Amendment

  • That Infrastructure Services-2020-13 report entitled "Sanitary Sewer Area Amendment" prepared by Kevin Girard, Director, Infrastructure Services, dated December 21, 2020 be received, and

    That Council appoint Stantec Consulting Ltd. to provide consulting services to complete an amendment to the "Town of Essex Improvements to Ward 1 Community Sanitary Sewer System - Class Environmental Assessment (EA) Phase 1 and 2 Report" dated December 7, 2015, in accordance with the completed request under Section 22 of the Town of Essex Procurement By-Law 1043.

RE: Site Specific Zoning Amendment and Site Plan Control Approval (1110 Ridge Road, Colchester South, Ward 3)

  • That Planning Report 2020-29  entitled "Site Specific Zoning Amendment and Site Plan Control Approval (1110 Ridge Road, Colchester South, Ward 3): prepared by Rita Jabbour, RPP, Manager, Planning Services dated December 21, 2020 be received;

    That By-law 1978, 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; and the use of the existing single detached dwelling(s) to accommodate the housing of farm help, be read a first, a second and a third time and be finally passed; and

    That By-law 1979, being a By-law to enter into a Site Plan Control Agreement between the Corporation of the Town of Essex and Upper Canada Growers (UGC) Land INC for the establishment of two (2) ancillary dwellings for the accommodation of housing farm help at 1110 Ridge Road, be read a first, a second and a third time and be finally passed.

  • That correspondence listed in Agenda Item 11.1 be received and, where indicated, to further share such information with the community using suitable methods of communication.

RE: Notice of Study of Commencement (Highway 3 Widening in the Town of Essex)

RE: Support of Municipality of Tweed Resolution 343 regarding Cannabis Production Facilities, the Cannabis Act, and Health Canada Guidelines

RE: Municipal Drainage Matters and need for coordination with the national railways.

RE: Changes to the Aggregate Resource Property Valuation Assessment Criteria

RE: Small Business Support Letter dated December 15,2020 

Moved by ________________
Seconded by ________________


That all of the Committee Meeting minutes listed in Agenda item 12, together with any recommendations to
Council noted therein, be received, approved and adopted as circulated.

  • EAAC20-11-014

    Moved by: Sherry Bondy

    Seconded by: Ron McDermott

    Recommendation to Council : That council support a recommendation to have administration draft a letter to all municipal businesses informing them of the availability of potential accessibility funding through the Town’s CIP program and further advising them that the funding will lapse at the end of 2021 and ensure circulation to all businesses within the Town and further to support a promotional social media campaign setting forth the same information and promoted through the Town’s various social media platforms. Carried

    EAAC20-11-017

    Motion by: Sherry Bondy

    Seconded by: Ron McDermott

    Recommendation to Council That Council support the Committee’s recommendation and instruct administration in the Public Works department to complete the connection on Cranberry Court by providing a curb-cut and sidewalk connections between the two existing roads and to report back to the Committee on a time-line for completion. Carried

    EAAC20-11-019

    Moved by: Lisa Wallace

    Seconded by: Ron McDermott

    Recommendation to Council: That Council support the Committee’s recommendation that the Manager of Planning Services or an alternate from the Development Services Department take the course and that funds for the course come from the Accessibility Committee’s budget. Carried

     

    EAAC20-11-020

    Moved by: Lisa Wallace

    Seconded by: Geraldine Dozois

    Recommendation to Council: That Council support and direct administration to complete  a town Facility Accessibility Design Standards document including all applicable AODA regulations and Ontario Building Code standards as they relate to Town’s policies and make the same available on the Town’s website under the Accessibility Committee’s. Carried

RE: Consideration of Contract Price for Crystal Beach Drain: Repair and Improvement of Covered Drains

  • That the Bank Payments Report, including the November cheque register, cheque number 52149 to cheque number 52255 inclusive in the amount of $1,525,705.87, the Preauthorized Payments for the month of November in the amount of $333,582.23; and Payroll for the month of November in the amount of $396,073.64, be ratified as submitted.

RE: Bill 229 Conservation Authorities Act

Moved by: Councillor Bondy

Seconded by:____________

WHEREAS the Province has introduced Bill 229, Protect, Support and Recover from COVID 19 Act - Schedule 6 – Conservation Authorities Act;

 WHEREAS the Legislation introduces a number of changes and new sections that could remove and/or significantly hinder the conservation authorities’ role in regulating development, permit appeal process and engaging in review and appeal of planning applications;

 WHEREAS the changes allow the Minister to make decisions without CA watershed data and expertise;

 WHEREAS the Legislation suggests that the Minister will have the ability to establish standards and requirements for non-mandatory programs which are negotiated between the conservation authorities and municipalities to meet local watershed needs; 

WHEREAS municipalities require a longer transition time to put in place agreements with conservation authorities for non-mandatory programs;

WHEREAS municipalities believe that the appointment of municipal representatives on CA Boards should be a municipal decision; and

WHEREAS changes to the legislation will create more red tape and costs for the conservation authorities, and their municipal partners, and potentially result in delays in the development approval process

THEREFORE BE IT RESOLVED

THAT the Province of Ontario work with conservation authorities to address their concerns by repealing and/or amending changes to the Conservation Authorities Act and the Planning Act;

THAT the Province of Ontario delay enactment of clauses affecting municipal concerns;

THAT the Province of Ontario provide a longer transition period up to December 2022 for non-mandatory programs to enable coordination of CA-municipal budget processes;

THAT the Province respect the current conservation authority/municipal relationships;

AND THAT the Province embrace their long-standing partnership with the conservation authorities and provide them with the tools and financial resources they need to effectively implement their watershed management role.

AND THAT a copy of this resolution accordingly be forwarded to the Province of Ontario. 

 

  • Moved byCouncillor Bondy

RE: Victoria Avenue in Essex Centre

That in view of the fact that Victoria Avenue in Essex Centre is one of premier routes in and out of Essex Centre, and that this road has been in disrepair for many years, that the Victoria Avenue rehabilitation road project be included as part of the Downtown Essex Centre Revitalization Project scheduled for 2022.

RE: Drainage Billings

That in order for Council to be fully aware of outstanding billing’s for drainage projects, it is hereby requested that a detailed Drainage Billing’s Report be brought by Administration to Council in January/February 2021 for a full review of the Town's standing on such bills.

RE: Standards for Property Development 

That with regard to Administration's current review of property development standards, that Council request the following  additional change be brought forward to Administration as part of its property development standards review;

Whereas if a builder has be given relief on yard depths, including any side yard, as compared to our standard, that the type of home built on the property be thereby limited to one storey meaning no second story and/or no back split; and

As well, the shortened requirement would be inclusive of any allowable additional structure such as a deck that may be permitted as part of the new structure.

 

17.

Being a by-law to confirm the proceedings of the December 7, 2020 Regular Meeting of Council of The Corporation of the Town of Essex

  • That By-Law 1973 being a by-law to confirm the proceedings of the December 7, 2020 Regular Meeting of the Council of The Corporation of the Town of Essex, be read a third time and finally passed on December 21, 2020.

Being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Essex and the Corporation of the City of Windsor (Pathway to Potential).

  • That By-Law 1975 being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Essex and The Corporation of the City of Windsor, be read a first, a second and a third time and finally passed on December 21, 2020.

Being a by-law to authorize an agreement between Her Majesty the Queen in Right of Ontario as represented by the Minister of Heritage, Sport, Tourism and Culture (the "Province") and The Corporation of the Town of Essex (Agri-Tourism Grant) 

  • That By-Law 1976 being a by-law to authorize an Agreement between Her Majesty the Queen in Right of Ontario as represented by the Minister of Heritage, Sport, Tourism and Culture Industries (the "Province") and The Corporation of the Town of Essex be read a first, a second and a third time and finally passed on December 21, 2020.

Being a by-law to Amend By-Law 1953 Being a by-law to enter into an Agreement between The Corporation of the Town of Essex and its Non-Union Employees.

  • That By-Law 1980 Being a by-law to Amend By-Law 1953 Being a by-law to enter into an Agreement between The Corporation of the Town of Essex and its Non-Union Employees, be read a first, a second time and a third time and finally adopted on December 21, 2020.

Being a by-law for the Declaration and Disposition of Surplus Land at 195 Bagot by The Corporation of the Town of Essex

  • That By-Law 1981 being a by-law for the Declaration and Disposition of Surplus Land at 195 Bagot by The Corporation of the Town of Essex be read a first, a second and a third time and finally passed on December 21, 2020.

Being a by-law to confirm the proceedings of the December 21, 2020 Regular Meeting of the Council of The Corporation of the Town of Essex.

  • That By-Law 1977 being a by-law to confirm the proceedings of the December 21, 2020 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 December 21, 2020.

  • That the meeting be adjourned at [TIME].

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