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

Monday, June 21, 2021 at 6:00 P.m. - 9:00 P.m.

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
• 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
• 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 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

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1.

Call to Order

Mayor Snively called the meeting to order at approximately 6:00 PM.

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

Robert Auger, Town Solicitor, Legal and Legislative Services/Clerk, provided a verbal report on the Closed Meeting held on June 14, 2021. He reported that Council met electronically in Closed Session, on June 14, 2021 at 4:00 PM as permitted to do so by sections 239 (2) (b) of the Municipal Act.

At the Closed Meeting Council provided confidential information concerning an identifiable individual.

5.

Declarations of Conflict of Interest

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

6.

Adoption of Published Agenda

6.1

Regular Council Meeting Agenda for June 21, 2021

• R21-06-248
  Moved By Councillor Bowman
  Seconded By Councillor Verbeek

  That the published agenda for the June 21, 2021 Regular Council Meeting be adopted with the following amendments:

  1. That Council allow for the 5 delegations noted in the Agenda (one more than normally permitted by the procedural by-law).

  2. That Agenda Item 17.2.2. be added to allow a Notice of Motion for presentment only by Councillor Bondy.

  3. That Agenda Item 17.2.3 be added to allow a Notice of Motion for presentment only by Councillor Verbeek.

  4. Further, that Agenda Item 17.2.4 be added to allow a Notice of Motion for presentment only by Councillor Bondy.

   

  Carried

7.

Adoption of Minutes

7.1

Regular Council Meeting Minutes for June 7, 2021

• R21-06-249
  Moved By Deputy Mayor Meloche
  Seconded By Councillor Bjorkman

  That the minutes of the Regular Council Meeting held June 7, 2021 be adopted as circulated.

  Carried

8.

Public Presentations

8.1

Senior of the Year 2021 - Ron "Tout" McDermott

At the May 31, 2021 Special Council Meeting, Council nominated Ron "Tout" McDermott for 2021 Senior of Year. The Ministry of Seniors and Accessibility accordingly has awarded Ron "Tout" McDermott as 2021 Senior of the Year in the Town of Essex in recognition of his outstanding contributions to our community. The Mayor presented this award on behalf of the Town, making note of the many contributions that Tout has made to the Town including his current volunteer work at the local Food Bank and Royal Canadian Legion(in Essex Centre) and noting the fifteen years he spent in service as Mayor of the Town of Essex.

8.2

Mark Danelon, Chief Financial Officer, Director Stakeholders Relations, E.L.K. Energy Inc.

RE: 2020 Consolidated Financial Statements

Mark Danelon, Chief Financial Officer, Director Stakeholders Relations, E.L.K. Energy Inc., presented on the 2020 Consolidated Financial Statements and provided a general overview of the accounting methodology behind the financial statements

Mr. Danelon noted that in 2020 E.L.K. Energy Inc. had an opportunity to pay off long-term debt. Mr. Danelon further stated that after taking into account the assets and labilities, E.L.K. Energy Inc.'s revenue has increased this year.

He provided Council with a list of some of the significant projects accomplished in 2020.

Council then had an opportunity to ask Mr. Danelon various questions with respect to the financial statements.

• R21-06-250
  Moved By Councillor Vander Doelen
  Seconded By Councillor Garon

  That the presentation of the 2020 Consolidated Financial Statements of E.L.K. Energy Inc., by Mark Danelon, Chief Financial Officer, Director Stakeholders Relations, E.L.K. Energy Inc. be received;

  That Council supports the signing of the annual resolutions of E.L.K. Energy Inc. appointing the Directors and KPMG as auditor; and

  That the Mayor be thereby authorized to sign the documents on behalf of The Corporation of the Town of Essex.

  Carried

8.3

Gordon Orr, Chief Executive Officer, Lynnette Bain, Vice President, Destination Development and Jason Toner, Director of Marketing and Communications, Tourism Windsor Essex Pelee Island

RE: Regional Tourism Video, Plans for 2021 and the 2021/2022 Official Visitor Guide

Gordon Orr, Chief Executive Officer, gave a presentation on the Plans for 2021 and explained that the mission was to support industry development and individual operators, facilitating partner engagement, and effectively marketing our destination.  

Mr. Orr explained that Tourism Windsor Essex Pelee Island ("TWEPI") has met the standard to be an accredited organization of the Destination Marking Accreditation Program. In 2020, Tourism Windsor Essex Pelee Island provided updates on COVID-19 and aligned with Tourism Partners to embrace Community and Businesses ventures such as Take-out and Delivery Guide "#Take-Out Tuesday", Winery Delivery Guide, "#WineOrderWednsday", Brewery Delivery, "#Fill-upFriday" and the Patio Dinning Guide. 

Mr. Orr highlighted the YQG Stands Strange media campaign as bringing a sense of community pride and noted that the 2021/2022 Official Visitors Guide focuses on food and drink, arts and culture, outdoor adventure and entertainment. 

Lynette Bain, Vice President Destination Development, explained the participating partnerships and various programs that have been launched.

Jason Toner, Director of Marking, explained the Official Visitor Guide is branded a Staycation initiative which allows locals to learn about activities in their own area. He also noted that the Launching Road Trip campaign will bring people to our area when it is safe to do so which will draw traffic to attractions and hotels. 

• R21-06-251
  Moved By Councillor Bondy
  Seconded By Councillor Bjorkman

  That the presentation by Tourism Windsor Essex Pelee Island, be received. 

  Carried

8.4

Kathy Beaudoin, Organizer, Essex Food Basket

RE: Moving Essex Food Basket to the Change Room at the Harrow Soccer Park

Kathy Beaudoin, Organizer, Essex Food Basket, thanked Council and for the opportunity to use the space at the Harrow Colchester South Lions Hall. Ms. Beaudoin asked for permission to move the Essex Food Basket to the Harrow Soccer Park stating that with the Miracle Drive approaching she needs additional space to store the food donations. 

Doug Sweet, Director, Community Services/Deputy CAO, noted that there is sufficient space at the Harrow Soccer Park to accommodate them.

• R21-06-252
  Moved By Councillor Verbeek
  Seconded By Deputy Mayor Meloche

  That the delegation by Kathy Beaudoin, Organizer, Essex Food Basket, be received.

  Carried
• R21-06-253
  Moved By Councillor Bjorkman
  Seconded By Councillor Verbeek

  That the Essex Food Basket be permitted to move to the Harrow Soccer Park.

  Carried

8.5

Bernard Gorski, President, Colchester Ridge Estate Winery (CREW)

RE: Application for a Site-Specific Sign By-Law Amendment for Colchester Ridge Estate Winery (CREW)

Bernard Gorski, President, Colchester Ridge Estate Winery (CREW), addressed Council regarding the application for a site- specific sign by-law amendment recently submitted.

• R21-06-254
  Moved By Councillor Bowman
  Seconded By Councillor Vander Doelen

  That the delegation by Bernard Gorksi, President, Colchester Ridge Estate Winery (CREW) be received. 

  Carried

9.

Unfinished Business

10.

Reports from Administration

10.1

Development Services-2021-02

RE: Colchester Ridge Estate Winery (CREW) Request for Site-Specific Sign By-Law Amendment

• R21-06-255
  Moved By Deputy Mayor Meloche
  Seconded By Councillor Garon

  That Development Services Report-2021-02, entitled Colchester Ridge Estate Winery (CREW) Request for a Site-specific Sign By-Law Amendment be received; and

  That By-Law 2039 being a by-law to amend By-Law 1350 to regulate the erection of signs in the Town of Essex for the property municipally known as 108 County Road 50 East be read a first, a second and a third time and finally passed on June 21, 2021.

  Carried

10.2

CAO-2021-02

RE: Corporate Strategic Plan: 2021 Progress Update

Chris Nepszy, Chief Administrative Officer, provided a progress update on the action items on the 2021 Corporate Strategic Plan. Council established six key values to assist Administration to build the vision Council has for their term which are as follows:

• Progressive and Sustainable Infrastructure
• Healthy Community and Quality of Life
• Financial and Economic Stewardship
• Vibrant Growth and Development 
• Citizen and Customer Experience
• Organizational Effectiveness and Resiliency

Mr. Nepszy explained each key value and noted the progress to date of each. In particular he noted that out of the 64 objectives identified in the Strategic Plan, approximately 58 are either completed or continuing in progress which demonstrates that the Town is progressing well through these strategic objectives for the residents of Essex.

• R21-06-256
  Moved By Councillor Bowman
  Seconded By Councillor Vander Doelen

  That Report CAO-2021-02 entitled Corporate Strategic Plan: 2021 Progress Update prepared by Chris Nepszy, CAO dated June 21, 2021 be received for information.

  Carried

10.3

Planning-2021-11

RE: Site Specific Zoning Amendment (96 County Road 50 West, Colchester Centre, Ward 3)

• R21-06-257
  Moved By Councillor Vander Doelen
  Seconded By Councillor Bjorkman

  That Planning-2021-11 entitled Site Specific Zoning Amendment (96 County Road 50 West, Colchester Centre, Ward 3) prepared by Rita Jabbour, RPP, Manager, Planning Services dated June 21, 2021 be received, and

  That By-Law 2034 being a by-law to amend By-Law Number 1037 for the property located at 96 County Road 50 West, be read a first, a second and a third time and finally passed on June 21, 2021.

  Carried

10.4

 Planning-2021-12

RE: Zoning By-Law Amendment to Permit and Regulate Second Dwelling Units in the Town of Essex

Lori Chadwick, Director, Development Services, gave a verbal report on the zoning by-law amendment to permit and regulate second dwelling units in the Town of Essex.

• R21-06-258
  Moved By Councillor Bjorkman
  Seconded By Deputy Mayor Meloche

  That Planning Report-2021-12 entitled Zoning By-Law Amendment to Permit and Regulate Second Dwelling Units in the Town of Essex prepared by Rita Jabbour, RPP, Manager, Planning Services dated June 21, 2021 be received; and

  That By-Law Number 2035 being a by-law to amend the Comprehensive Zoning By-Law 1037 for the Town of Essex to Permit and Regulate Second Dwelling Units, be read a first and a second time and provisionally adopted on June 21, 2021.

  Carried

10.5

Finance and Business Services-2021-07

RE: Revised Fees and Charges By-Law and Schedules

• R21-06-259
  Moved By Councillor Bowman
  Seconded By Councillor Bjorkman

  That Corporate Services Report 2021-07 entitled Revised Fees and Charges By-Law and Schedules be received;

  That 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 be revised with an effective date of July 1, 2021; and

  That By-Law 2040 being a by-law to establish miscellaneous fees and charges for the Town of Essex be read a first, a second, a third time and finally passed June 21, 2021 with an effective date of July 1, 2021.

  Carried

10.6

Infrastructure Services-2021-06

RE: Ward 1 Water Supply West of Highway 3 – Cost Recovery

• R21-06-260
  Moved By Deputy Mayor Meloche
  Seconded By Councillor Vander Doelen

  That Infrastructure Services-2021-06 entitled, Ward 1 Water Supply West of Highway 3 – Cost Recovery prepared by Kevin Girard, Director of Infrastructure Services dated June 21, 2021 be received, and

  That Council direct Administration to develop a by-law in accordance with Part 12 of the Municipal Act to impose a special charge on benefitting property owners to fully recover the costs of the watermain crossing Highway 3 at the 14^th Concession Road upon connection to municipal water supply as identified in Infrastructure Services Report-2021-06.

  Carried

10.7

Recreation and Culture-2021-02

RE: Results of Request for Quote – New Office at Essex Recreation Complex

• R21-06-261
  Moved By Councillor Bowman
  Seconded By Councillor Verbeek

  That Recreation and Culture Report-2021-002 entitled Results of Request for Quote – New Office at Essex Recreation Complex prepared by Doug Sweet, Director, Community Services/Deputy CAO dated June 21, 2021 be received;

  That Council award the Request for Quote – New Office at Essex Recreation Complex to TCI Titan Contracting Incorporated in the total amount of $31,798.78 including non-refundable Harmonized Sales Tax; and

  That Council approve utilizing approved grant funding of $31,798.78 from the Investing in Canada Infrastructure Program: COVID-19 Resiliency grant for project CS-21-0104 New Office at Essex Recreation Complex.

  Carried

10.8

Economic Development-2021-07

RE: Building Report and Development Overview May 2021

• R21-06-262
  Moved By Councillor Bjorkman
  Seconded By Councillor Bowman

  That Economic Development-2021-07 entitled Building Report and Development Overview May 2021 prepared by Nelson Silveira, Economic Development Officer dated June 21, 2021 be received for information.

  Carried

11.

Reports from Youth Members

12.

County Council Update

Mayor Snively provided an update on the physician recruitment program stating that since October 2019 to 2021, 55 new doctors have been recruited over the last 20 months which includes 26 family doctors, 8 emergency medicine doctors and two surgeons. In 2019, Canada had 241 physicians per 100 000 population, Ontario had 218 physicians per 100 000 population,  and Windsor-Essex had 175 physicians per 100 000 population. Mayor Snively noted that the new mega hospital will promote additional recruitment. 

Deputy Mayor Meloche thanked Regional Physician Recruitment Officer, Joan Mavrinac, for attempting to bring Windsor-Essex County on par with the regional average and noted that we still require her assistance as our area is below the provincial average for doctors.

13.

Correspondence

13.1

Correspondence to be received

• R21-06-263
  Moved By Deputy Mayor Meloche
  Seconded By Councillor 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

13.1.1

Correspondence relating to COVID-19 Pandemic

13.1.1.1

Bereavement Authority of Ontario (BAO)

RE: New Registrar's Directive for Funeral and Cemetery Service Limits

13.1.1.2

Ontario Executive Council

RE: Reopening Ontario (A Flexible Response to Covid-19) Act, 2020

13.1.1.3

Ministry of Municipal Affairs and Housing

RE: Entering Step One of the Roadmap to Reopen

13.1.2

Township of Brock

RE: Durham Dead-End Road Kids

13.1.3

Township of Lake of Bays

RE: Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)

13.1.4

Township of Lake of Bays

RE: Road Management Action on Invasive Phragmites 

13.1.5

Town of Fort Erie

RE: Provincial Hospital Funding of Major Capital Equipment

13.1.6

Township of Rideau Lakes

RE: Funding for Abandoned Cemeteries

13.1.7

The Corporation of the Township of Matachewan

RE: Requesting the Province of Ontario to Reverse closure of Youth Justice Facilities in Northeastern Communities

13.1.8

Municipality of Lakeshore

RE: Support for Two Police Services Boards System and Submission to the Solicitor General

13.1.9

Township of Huron-Kinloss

RE: Digital Suicide Hotline

13.1.10

Township of Huron-Kinloss

RE: Lottery Licence to Small Organizations

13.1.11

Township of Havelock-Belmont-Methuen

RE: Continuous Increases of Cost for Municipal Insurance

13.1.12

Township of Havelock-Belmont- Methuen

RE: Drainage Matters and the Canadian National Railway

13.2

Correspondence to be considered for receipt and support

13.2.1

Brian McGinty, Sales Representative, Buckingham Realty Ltd

RE: Commercial Viewing Binoculars

Doug Sweet, Director, Community Services/Deputy CAO, explained that he was seeking direction from Council regarding the proposal from Brian McGinty for Commercial Viewing Binoculars at the Colchester Harbour

Mr. Sweet further explained that under this proposal Mr. McGinty would be responsible for the installation and management of the binoculars and the Town would receive a percentage of the revenue generated.

• R21-06-264
  Moved By Deputy Mayor Meloche
  Seconded By Councillor Bjorkman

  That the correspondence from Brian McGinty, Sales Representative, Buckingham Realty Ltd., dated June 2, 2021 proposing that the Town of Essex install commercial viewing binoculars be received and supported; and

  That Doug Sweet, Director, Community Services be directed to explore further the feasibility of the proposed commercial viewing binoculars at the Colchester Harbour.

  Carried

13.2.2

Town of Fort Erie

Re: Capital Gains Tax on Primary Residence

• R21-06-265
  Moved By Councillor Bjorkman
  Seconded By Deputy Mayor Meloche

  That the correspondence from Town of Fort Erie dated June 1, 2021, requesting Capital Gains Tax on Primary Residence be received and supported; and

  That a letter of support be circulated to The Right Honourable Justin Trudeau, The Honourable Doug Ford, Premier of Ontario, All Members of Parliament, All Members of Provincial Parliament, The Regional Municipality of Niagara, and all Municipalities.

  Carried

13.2.3

City of St. Catherines

RE: Lyme Disease Awareness Month

• R21-06-266
  Moved By Councillor Verbeek
  Seconded By Deputy Mayor Meloche

  That the correspondence from City of St. Catherines dated June 11, 2021, regarding Lyme Disease Awareness Month be received and supported; and

  That a letter of support be circulated to The Honourable Doug Ford, Premier of Ontario, All Members of Provincial Parliament, and all Municipalities.

  Carried

13.2.4

Municipality of Lakeshore

RE: Support for Suicide Prevention Hotline

• R21-06-267
  Moved By Councillor Verbeek
  Seconded By Councillor Bondy

  That the correspondence from Municipality of Lakeshore dated May 27, 2021, requesting support for a National Suicide Prevention Hotline and endorsement for the 988 crisis line initiative be received and supported with a letter of support; and

  That the Town of Essex send its own letter requesting support for this initiative with circulation to Chris Lewis, MP, Taras Natyshak, MPP, Federal Minister of Health, the Canadian Radio-television and Telecommunications and all local area municipalities. 

  Carried

13.2.5

Township of Havelock-Belmont-Methuen

RE: Support of the Use of Automatic Speed Enforcement (Photo Radar)

• R21-06-268
  Moved By Councillor Verbeek
  Seconded By Councillor Bondy

  That the correspondence from the Township of Havelock-Belmont-Methuen dated June 3, 2021, requesting support for the use of Automatic Speed Enforcement (Photo Radar) be received and supported; and

  That a letter of support be circulated to the Chris Lewis, MP, Taras Natyshak, MPP, The Association of Municipalities of Ontario and All Municipalities. 

  Carried

13.3

Municipality of St.-Charles

RE: Municipal Land Transfer Tax

14.

Committee Meeting Minutes

• R21-06-269
  Moved By Councillor Garon
  Seconded By Councillor 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

14.1

Arts, Culture and Tourism Committee Meeting Minutes - May 12, 2021

14.2

Co-An Park Committee Meeting Minutes - May 12, 2021

15.

Financial

15.1

Operating Variance Report as at March 31, 2021

Jeffery Morrison, Director, Corporate Services, provided a verbal report on the Operating Variance Report as of March 31, 2021 highlighting the evolution of the document and the changes that have been implemented as part of its evolution.

• R21-06-270
  Moved By Deputy Mayor Meloche
  Seconded By Councillor Verbeek

  That the Operating Variance Report as at March 31, 2021 be received.

  Carried

16.

New Business

17.

Notices of Motion

17.1

The following Notice of Motion was presented at the June 7, 2021 Regular Council Meeting and are being brought forward this evening for Council's consideration:

17.1.1

Councillor Bondy

• R21-06-271
  Moved By Councillor Bondy
  Seconded By Deputy Mayor Meloche

  That in accordance with Council  resolution R20-09-339, in reference to or providing that ‘Children at Play’ signs should be installed within community areas such as parks, schools, and other institutions whose main purpose is to provide services to children;

  That a ‘Children at Play’ sign be accordingly installed on McAffee Street in Harrow at the entrance to the Harrow Fairgrounds and Arena.

  Carried

17.2

The following Notice of Motion is being presented this evening and will be brought forward for Council's consideration at the July 5, 2021 Regular Council Meeting:

17.2.1

Councillor Bondy

• Moved By Councillor Bondy

  That Council have a discussion regarding barbeques at Town of Essex parks to determine what is and what is not permitted.

17.2.2

Councillor Bondy

• Moved By Councillor Bondy

  That Council direct Administration to invest in facilities to provide water for Dogs at the Harrow soccer complex in absence of a dog park in Harrow as  people are currently using the complex to walk their dogs.

17.2.3

Councillor Verbeek

• Moved By Councillor Verbeek

  That Council have a discussion and provide direction regarding the organics waste program that Essex Windsor Solid Waste Authority (“EWSWA”) is proposing.

17.2.4

Councillor Bondy

• Moved By Councillor Bondy

  That Council direct administration to install a turtle/ snake crossing sign on Iler Road noting  that the Youth Action Committee has agreed to donate $50 towards the cost of installation of the sign.

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 2027

Being a by-law to confirm the proceedings of the June 7, 2021, Regular Meeting of Council of The Corporation of the Town of Essex

• R21-06-272
  Moved By Councillor Bjorkman
  Seconded By Councillor Bowman

  That By-Law 2027 being a by-law to confirm the proceedings of the June 7, 2021, Regular Meeting of Council of The Corporation of the Town of Essex be read a third time and finally adopted on June 21, 2021.

  Carried

19.2

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

19.2.1

By-Law 2024

Being a by-law to amend By-Law 2010 being a by-law to establish tax rates and additional charges for Municipal, County and Education purposes for the year 2021

• R21-06-273
  Moved By Councillor Vander Doelen
  Seconded By Deputy Mayor Meloche

  That By-Law 2024 being a by-law to amend By-Law 2010 being a by-law to establish tax rates and additional charges for Municipal, County and Education purposes for the year 2021 be read a first, a second and a third time and finally passed on June 21, 2021. 

  Carried

19.2.2

By-Law 2036

Being a by-law to require downspout disconnection in designated areas for the purpose of regulating stormwater drainage

• R21-06-274
  Moved By Councillor Garon
  Seconded By Councillor Bjorkman

  That By-Law 2036 being a by-law to require downspout disconnection in designated areas (Community of McGregor) for the purpose of regulating stormwater drainage be read a first, a second and a third time and finally passed on June 21, 2021.

  Carried

19.3

By-Laws that require a first and second reading

19.3.1

By-Law 2037

Being a by-law to confirm the proceedings of the June 21, 2021, Regular Meeting of Council of The Corporation of the Town of Essex

• R21-06-275
  Moved By Councillor Verbeek
  Seconded By Councillor Bjorkman

  That By-Law 2037 being a by-law to confirm the proceedings of the June 21, 2021, Regular Meeting of Council of The Corporation of the Town of Essex be read a first, a second time and provisionally adopted on June 21, 2021.

  Carried

20.

Adjournment

• R21-06-276
  Moved By Deputy Mayor Meloche
  Seconded By Councillor Garon

  That the meeting be adjourned at 8:30 PM.

  Carried