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
  • Cassandra Roy, Legislative Clerk, Legal and Legislative Services
  • Rick Arnel, Fire Chief
  • Cynthia Cakebread, Manager, Recreation and Culture
  • Jake Morassut, Manager, Parks and Facilities
  • Kate Giurissevich, Manager, Finance and Business Services/Deputy Treasurer
  • Alex Denonville, Manager, Strategic Communications
  • Edua Marczinko, Youth Council Member

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 6:00 PM

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

  • R21-05-167
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Bjorkman

    That the published agenda for the May 3, 2021 Regular Council Meeting be adopted with the following additions/amendments:

    1. That Agenda Item 9.11 be changed to reflect the recommendation in Parks and Facilities-2021-05 Report to read:

    That Council approve the additional budgeted expenditures of $5,148.79 for the Capital Project: 2021 Automatic Door Replacement at the Essex Centre Sports Complex (CS-21-0035) through additional funding from the Asset Management Plan Reserve (AMP Reserve);

    2. That Agenda Items 12.1.3 and 12.1.7 be moved to Correspondence to be Considered for Receipt and Support and added as Agenda item 12.2.1 and 12.2.2 respectively;

    3.That a Notice of Motion by Councillor Bondy be added to the Agenda as Agenda Item 16.2 for presentment and to be brought back for Council’s consideration at the next Regular Meeting of Council.

    Carried
  • R21-05-168
    Moved ByCouncillor Vander Doelen
    Seconded ByCouncillor Garon

    That the minutes of the Regular Council Meeting held April 19, 2021 be adopted as circulated.

    Carried

RE: E.L.K. Valuation Request

  • R21-05-169
    Moved ByCouncillor Bondy
    Seconded ByCouncillor Garon

    That Report Office of the CAO-2021-01 entitled E.L.K. Valuation Request prepared by Chris Nepszy, CAO dated May 3rd, 2021 be received, and

    That Council requests the Board of E.L.K. Energy Incorporated (E.L.K.) to obtain and fund a valuation of E.L.K. Energy Incorporated.

    Councillor Bondy Requested a Recorded Vote:

    Carried (5 to 3)

RE: Municipal Election Proxy Procedures Policy

Robert W Auger, Town Solicitor, Legal and Legislative Services/Clerk gave a summary of the Policy which is intended to supplement the existing Provincial requirements. The additional requirements under this proposed Policy will include the following:

  • Clerk’s Office will only issue the required Form 3 directly to qualified electors who make a direct request (in person/by phone/email) that they wish to appoint another person to vote on their behalf; 
  • After confirming personal and voter information Clerks office will issue and stamp Form 3 with a distinctive serial number stamp and give/mail the form directly to the elector who requested the Form 3.
    • Only Proxy forms that have been issued and assigned a number will be accepted.
    • The person who ends up being appointed as a Proxy will bring the completed Form in person for review and certification by the Clerk as they normally would. However now they will additionally be required to bring with them acceptable proof of identification of the elector who appointed them.
    • Proxy Form Applications will no longer be received, processed and certified at the voting location itself. If a person wishes to be certified as a Proxy they will first need to go to Town Hall during designated hours for certification directly at the Clerks office.

The goal of this new policy is to strike strikes the right balance between enhanced controls (over and above provincial requirements) while still ensuring access to voting process.

  • R21-05-170
    Moved ByCouncillor Bondy
    Seconded ByCouncillor Verbeek

    That Legal and Legislative Services-2021-09 entitled Municipal Election Proxy Procedures Policy prepared by Robert W Auger, Town Solicitor, Legal and Legislative Services/Clerk dated May 3, 2021, be received;

    That the Town of Essex Municipal Election Proxy Procedures Policy attached hereto to this Report be adopted as presented; and

    That the said Policy be sent to the Association of Municipalities of Ontario (“AMO”) for support and request for provincial regulations to be reviewed and/or amended relating to forms and procedures relating to the appointment of voting proxies in a municipal election.

    Councillor Bondy Requested a Recorded Vote:

    Carried (8 to 0)

Quarterly Update on EssexWorks Platform and Customer Service Improvements

Mr. Denonville provided a summary to Council of his Report.

  • R21-05-171
    Moved ByDeputy Mayor Meloche
    Seconded ByCouncillor Bowman

    That Communications Report 2021-01, entitled Update on EssexWorks System prepared by Alex Denonville, Manager, Strategic Communications, dated May 3, 2021 be received.

    Carried

RE: COVID-19 Financial Impact as at December 31, 2020

  • R21-05-172
    Moved ByCouncillor Verbeek
    Seconded ByCouncillor Bjorkman

    That Finance and Business Services-2021-05 entitled COVID-19 Financial Impact at December 31, 2020 prepared by Katelynn Giurissevich, CPA, CA, Manager, Finance and Business Services dated May 3, 2021 be received.

    Carried

RE: Heritage Designation for 195 Bagot Street (Colchester South, Ward 3)

  • From the March 15, 2021 Regular Council Meeting: Report Planning-2021-06 entitled Notice of Intention to Designate.
  • R21-05-173
    Moved ByCouncillor Bjorkman
    Seconded ByDeputy Mayor Meloche

    That Report Planning-2021-10 entitled Heritage Designation for 195 Bagot Street (Colchester South, Ward 3) prepared by Rita Jabbour, RPP, Manager, Planning Services dated May 3, 2021 be received;

    That By-Law 2016 being a By-Law to designate the property known municipally as 195 Bagot Street (Colchester Schoolhouse Property), as being of cultural heritage value or interest under the provisions of the Ontario Heritage Act, R.S.O. 1990, c.O.18 be read a first, a second and a third time and finally passed this May 3, 2021; and

    That By-Law 2016 as passed be served on the Ontario Heritage Trust and be registered against the property in the proper land registry office, and notice of By-Law 2016 be published in a newspaper of general circulation in the Municipality.

     

    Carried

2021 Essex Fun Fest Update

  • R21-05-174
    Moved ByCouncillor Bjorkman
    Seconded ByCouncillor Bowman

    That Community Services Report 2021-007 entitled 2021 Essex Fun Fest Update be received; and

    That Council approve the Essex Fun Fest Committee's recommendation to cancel the 2021 Essex Fun Fest scheduled July 8-11, 2021 due to the Covid-19 pandemic.

    Carried

RE: Establishing and Regulating Fire Services Updated By-Law

Fire Chief Arnel provided a summary for Council of the updated by-law.

  • R21-05-175
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Bjorkman

    That Fire and Rescue Services-2021-05 entitled Establishing and Regulating Fire Services Updated By-Law prepared by Rick Arnel and dated May 3, 2021 be received;

    That By-Law 2012 being a by-law to Establish and Regulate Fire Services be read a first, a second and finally passed on May 3, 2021; and

    That By-Law 1870 be repealed accordingly.

    Carried

RE: Lifesaving Society Affiliate Recognition Awards 2020

Ms. Cakebread spoke to her Report and provided an overview for Council of the Recognition Awards.

  • R21-05-176
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Bjorkman

    That Recreation and Culture-2021-01 entitled Lifesaving Society Affiliate Recognition Awards 2020 prepared by Cynthia Cakebread, Manager Recreation and Culture dated May 3, 2021 be received; and

    That the Lifesaving Society Annual Report Affiliate Recognition 2020 be received for Council and public information.

    Carried

RE: Results of Request for Proposal – Remove and Replace Surface for Colchester Park Playset 

  • R21-05-177
    Moved ByCouncillor Bondy
    Seconded ByCouncillor Bjorkman

    That Community Services Report 2021-001 entitled Results of Request for Proposal – Remove and Replace Surface for Colchester Park Playset be received for Council information; and

    That Council award the Request for Proposal – Remove and Replace Rubber Surface for Colchester Playset in Colchester Park to Softline Solutions AB Inc.

    Carried

RE: Results of Request for Proposal – Design, Supply, and Install Playground Equipment for Hunter Park

  • R21-05-178
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Garon

    That Community Services Report 2021-04 entitled Results of Request for Proposal – Design, Supply, and Install Playground Equipment for Hunter park be received; and

    That Council award the Request for Proposal to Design, Supply, and Install Playground Equipment for Hunter Park to New World Park Solutions Inc.

    Carried

RE: Reallocation of Funds Request for the Automatic Sliding Doors at the Essex Centre Sports Complex

  • R21-05-179
    Moved ByCouncillor Bjorkman
    Seconded ByCouncillor Bowman

    That Parks and Facilities-2021-05 entitled Additional Funds Request for the Automatic Sliding Doors at the Essex Centre Sports Complex prepared by Jake Morassut, Manager of Parks and Facilities dated May 3, 2021 be received, and

    That Council approve the additional budgeted expenditures of $5,148.79 for the Capital Project: 2021 Automatic Door Replacement at the Essex Centre Sports Complex (CS-21-0035) through additional funding from the Asset Management Plan Reserve (AMP Reserve).

    Carried

RE: Appointment of an Engineer under Section 78 & 76 of the Drainage Act for the 9th Concession Drain

  • R21-05-180
    Moved ByDeputy Mayor Meloche
    Seconded ByCouncillor Vander Doelen

    That Drainage-2021-02 entitled Appointment of an Engineer under Section 78 & 76 for the 9th Concession Drain prepared by Lindsay Dean, Drainage Superintendent dated May 3, 2021 be received; and

    That Council appoint Rood Engineering Incorporated under Section 78 & 76 of the Drainage Act to provide an updated report on the 9th Concession Drain.

    Carried

RE: Appointment of an Engineer under Section 78 of the Drainage Act to install a new culvert in the Bassett Drain

  • R21-05-181
    Moved ByCouncillor Vander Doelen
    Seconded ByCouncillor Bowman

    That Drainage-2021-03 entitled Appointment of an Engineer under Section 78 of the Drainage Act to install a new culvert in the Bassett Drain prepared by Lindsay Dean, Drainage Superintendent dated May 3, 2021 be received; and

    That Council appoint Rood Engineering Incorporated under Section 78 of the Drainage Act to install a new culvert in the Bassett Drain.

    Carried
  • R21-05-182
    Moved ByCouncillor Vander Doelen
    Seconded ByCouncillor Bjorkman

    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: Joint Board of Management March 17, 2021 Minutes

RE: NAV Canada Aeronautical Study at Windsor International Airport

RE: Lottery Licensing to Assist Small Organizations

  • R21-05-183
    Moved ByDeputy Mayor Meloche
    Seconded ByCouncillor Bjorkman

    That the correspondence from The Town of South Bruce Peninsula regarding lottery licensing to assist small organizations be received and supported, and

    That a letter of support be sent to the Association of Municipalities of Ontario (“AMO”), MPP for Essex Taras Natyshak, the Attorney General, the Alcohol and Gaming Commission of Ontario (“AGCO”), all County of Essex Municipalities and The Town of South Bruce Peninsula.

    Carried

RE: Municipal Code of Conduct Consultation

  • R21-05-184
    Moved ByCouncillor Verbeek
    Seconded ByCouncillor Bjorkman

    That the correspondence from Ministry of Municipal Affairs and Housing regarding the Municipal Code of Conduct be received and supported, and

    That Essex Town Council appoint Councillor Bondy to participate in the Consultation regarding Strengthening Accountability for Municipal Council Members.

    Carried
  • R21-05-185
    Moved ByCouncillor Garon
    Seconded ByDeputy Mayor Meloche

    That all the Committee Meeting minutes listed in Agenda Item 13.1 and 13.2, together with any recommendations to Council noted therein, be received, approved and adopted as circulated.

    Carried

FF21-04-003

Moved by: Councillor Garon

Seconded by: Councillor Verbeek

Recommendation to Council: That due to the ongoing Provincial restrictions, that Council cancel the 2021 Fun Fest.

Carried

Recommendations to Council:

SC21-04-004

Moved by: Deputy Mayor Meloche

Seconded by: Councillor Verbeek

That the 2018-2022 Striking Committee receive the Verbal Report regarding the temporary appointment of a Drainage Board member; and

That Janice Dougherty be recommended to Council for appointment to sit as a member of the Drainage Board for the period of May 3, 2021 to March 31, 2022.

Carried

SC21-04-005

Moved by: Councillor Verbeek

Seconded by: Deputy Mayor Meloche

That the 2018-2022 Striking Committee receive the Verbal Report regarding the temporary appointment of a Committee of Adjustment member; and

That Sherry Ducedre be recommended to Council for appointment to sit as a member of the Committee of Adjustment for the period of May 3, 2021 to March 31, 2022.

Carried

SC21-04-006

Moved by: Councillor Verbeek

Seconded by: Deputy Mayor Meloche

That the 2018-2022 Striking Committee receive the Verbal Report regarding the temporary appointment of a Property Standards Committee member; and

That Ray Beneteau be recommended to Council for appointment to sit as a member of the  Property Standards Committee for the period of May 3, 2021 to March 31, 2022.

Carried

  • R21-05-186
    Moved ByCouncillor Bondy
    Seconded ByCouncillor Vander Doelen

    That Council receive and adopt as circulated the April 26 2021 Striking Committee minutes and that Council together with the recommendations to Council noted hereby appoints:

    Janice Dougherty to sit as a member of the Drainage Board for the period of May 3, 2021 to March 31, 2022;

    Sherry Ducedre to sit as a member of the Committee of Adjustment for the period of May 3, 2021 to March 31, 2022; and

    Ray Beneteau to sit as a member of the Property Standards Committee for the period of May 3, 2021 to March 31, 2022.

    Carried
  • R21-05-187
    Moved ByCouncillor Bjorkman
    Seconded ByCouncillor Verbeek

    That the Bank Payment Report, including the March 2021 cheque register, cheque number 52699 to cheque number 52784 and electronic funds transfer (EFT) payment number EFT004212 to EFT004370 inclusive in the amount of $6,065,771.73; the Preauthorized Payments for the month of March in the amount of $353,462.75; and Payroll for the month of March in the amount of $418,941.68, be ratified as submitted.

    Carried

RE: Recognizing Significant Dates

  • R21-05-188
    Moved ByMayor Snively
    Seconded ByDeputy Mayor Meloche

    That upon request , that the Town of Essex Council recognize by way of congratulatory certificates, significant anniversary  milestone marker dates (25th ,50th, 60th, and 75th) and significant milestone marker birthdays (75, 80, 85, 90, 95, 100 years) for Essex residents.

    Carried

RE: Fill By-Law

  • R21-05-189
    Moved ByCouncillor Verbeek
    Seconded ByCouncillor Bondy

    That Administration be directed to review, with consultation with Deputy Mayor Meloche and Councillor Verbeek and prepare a Report with recommendations on the issues, pros, and cons related to fill sites and limitations on the number of sites, permits and their extensions thereof;

    Carried

RE: Secondary Plan for McGregor

  • R21-05-190
    Moved ByCouncillor Verbeek
    Seconded ByDeputy Mayor Meloche

    That during the 5-year Official Plan review, consideration be given to thoroughly reviewing the long term needs of the McGregor Secondary Settlement Area in consultation with the Town of Amherstburg and McGregor residents for a stronger, healthier, economically-viable, and forward-looking community.

    Carried

RE: Public Education Campaign

  • Moved ByCouncillor Bondy

    That the Town of Essex do a public education campaign in print and social media regarding the dangers of blowing cut grass onto the road,

    Whereas we do not have a question and answer period in our public agendas,

    Whereas New Business items are up to the discretion of the Mayor,

    Whereas this is a community and resident safety issue that has no by-law to address it,

    Whereas increasing public awareness of the dangers is something council can do and should do, and

    Therefore be it resolved that each Spring the Town of Essex will work to educate individuals on the impact grass on the road can have on cyclists and motorists.  

18.

Being a by-law to confirm the proceedings of the April 19, 2021, Regular Meeting of Council of The Corporation of the Town of Essex

  • R21-05-191
    Moved ByCouncillor Bowman
    Seconded ByDeputy Mayor Meloche

    That By-Law 2015 being a by-law to confirm the proceedings of the April 19, 2021, Regular Meeting of Council of The Corporation of the Town of Essex be read a third time and finally passed May 3, 2021.

    Carried

Being a by-law for Declaration and Disposition of Surplus Lands by the Corporation of the Town of Essex legally described as First Street, Second Street on Plan 1461 and Erie Drive on Plan 1461 being unopened road allowances within the property municipally known as 225 County Road 50 East, Harrow.

  • R21-05-192
    Moved ByCouncillor Vander Doelen
    Seconded ByCouncillor Bowman

    That By-Law 2017 being a by-law for Declaration and Disposition of Surplus Lands by the Corporation of the Town of Essex and providing for such land interest to be released or disposed of by way of direct private transfer to the abutting land owner in accordance with the provisions of By-Law Number 855   be read a first, a second and a third time and finally passed May 3, 2021. 

    Carried

Being a by-law to deem Registered Plan 1461 in the former Township of Colchester South, now in the Town of Essex, County of Essex as not being a registered plan of subdivision for the purposes of Subsection 50(3) of the Planning Act.

  • R21-05-193
    Moved ByCouncillor Bjorkman
    Seconded ByCouncillor Verbeek

    That By-Law 2018 being a by-law to deem Registered Plan 1461 in the former Township of Colchester South, now in the Town of Essex, County of Essex as not being a registered plan of subdivision for the purposes of Subsection 50(3) of the Planning Act be read a first, a second and a third time and finally passed May 3, 2021.

    Carried

Being a by-law to confirm the proceedings of the May 3, 2021, Regular Meeting of Council of The Corporation of the Town of Essex.

  • R21-05-194
    Moved ByCouncillor Bjorkman
    Seconded ByCouncillor Garon

    That By-Law 2019 being a by-law to confirm the proceedings of the May 3, 2021, Regular Meeting of Council of The Corporation of the Town of Essex be read a first and a second time and provisionally adopted on May 3, 2021.

    Carried
  • R21-05-195
    Moved ByDeputy Mayor Meloche
    Seconded ByCouncillor Vander Doelen

    That the meeting be adjourned at 8:57 PM.

    SupportOpposed
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