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

-
Location: https://www.youtube.com/user/EssexOntario
Present:
  • 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
Regrets:
  • Mayor Larry Snively
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
  • Rick Arnel, Fire Chief
  • Jake Morassut, Manager, Parks and Facilities
  • Edua Marczinko, Youth Council Member

This meeting was hosted and chaired from the 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

1.
Call to Order
 

Deputy Mayor Meloche as Chair called the meeting to order at 6:05 PM.

2.
National Anthem
 

3.
Closed Meeting Report
 

Robert Auger, Town Solicitor, Legal and Legislative Services/Clerk, provided a verbal report on the Closed Meeting held on May 17, 2021. He reported that Council met electronically in Closed Session, on May 17, 2021 at 3:00 PM as permitted to do so by sections 239 (2) (c) and 239 (2) (e) of the Municipal Act.

At this meeting Council received information and gave direction to Administration with respect to two litigation matters.

At this meeting Council also received information and provided administrative direction with respect to two proposed land matters in the municipality.

4.
Declarations of Conflict of Interest
 

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

5.
Adoption of Published Agenda
 

5.1
Regular Council Meeting Agenda for May 17, 2021
 

  • R21-05-196
    Moved ByCouncillor Bondy
    Seconded ByCouncillor Bowman

    That the published agenda for the May 17, 2021 Regular Council Meeting be adopted as presented.

    Carried

6.
Adoption of Minutes
 

6.1
Regular Council Meeting Minutes for May 3, 2021
This item has attachments. 

1.Post-Meeting Minutes - Regular Council Meeting_May03_2021 - English.pdf
  • R21-05-197
    Moved ByCouncillor Vander Doelen
    Seconded ByCouncillor Bjorkman

    That the minutes of the Regular Council Meeting held May 3, 2021 be adopted as circulated.

    Carried

7.
Public Presentations
 

7.1
Office of Integrity Commissioner
This item has attachments. 

1.Vander Doelen 2021 Report Rev 2.pdf
2.Emails from the Public.pdf

Report to Council in Open Session

RE: Multiple Code of Conduct Complaints against Councillor Chris Vander Doelen

Robert Swayze, Town of Essex Integrity Commissioner provided a summary of his written Report to Council regarding his review of the current Code of Conduct Complaints against Councillor Vander Doelen and provided the following recommendations to Council.

Recommendation:

It is hereby recommended that Councillor Chris Vander Doelen be required to accomplish the following within 3 months of the date of this report:

  1. Remove all Tweets from his Twitter account which refer to the Chinese Flu, China Virus, the Chinese Origin Virus and/or the Murderous China Regime
  2. Prepare a draft apology for the approval of the Integrity Commissioner to be read by him in an open session of Council, and
  3. Attend an in-person Diversity and Inclusion training session chosen by staff and paid for by the Town. (Staff to confirm his attendance to the Integrity Commissioner.) If staff advises the Integrity Commissioner that the course is only available remotely, the training may be attended online.

It is further recommended that if the respondent fails to perform any one or more of the above 3 requirements by 4:30pm on Monday, July 19, 2021, that the compensation paid to the respondent as a member of Council, be suspended for a period of 60 days commencing with the pay period following that date.

  • R21-05-198
    Moved ByCouncillor Bondy
    Seconded ByCouncillor Bjorkman

    That the Report and presentation by Robert Swayze, Town of Essex Integrity Commissioner, dated May 17, 2021 concerning the Code of Conduct Complaints filed against Councilor Vander Doelen, be received and that the recommendations therein be supported and adopted by Council.

    Councillor Bondy requested a recorded voted:

     

    Support

    Opposed

     

     

     

    Deputy Mayor Meloche

    X

     

    Councillor Garon

    X

     

    Councillor Bowman

    X

     

    Councillor Verbeek

    X

     

    Councillor Bjorkman

    X

     

    Councillor Vander Doelen

     

    X

    Councillor Bondy

    X

     

    Results

    6

    1

     

    Carried

8.
Unfinished Business
 

9.
Reports from Administration
 

9.1
Fire and Rescue Services-2021-10
This item has attachments. 

1.Results of RFP - Fire and Rescue Services-2021-10.pdf

RE: Results of Request for Proposal - Delivery of Custom Stock or Demo Pumper/Rescue Fire Truck

  • R21-05-199
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Vander Doelen

    That Fire and Rescue Services–2021-10 entitled Results of Request for Proposal – Supply and Delivery of Custom Stock or Demo Pumper/Rescue Fire Truck dated March 09, 2021 be received; and

    That Council award the Request for Proposal - Supply and Delivery of Custom Stock or Demo Pumper/Rescue Fire Truck to Commercial Emergency Equipment Corporation in the total amount of $637,282.18 including non-refundable Harmonized Sales Tax.

    Carried

9.2
Parks and Facilities-2021-06
This item has attachments. 

1.Reallocation of Funds for Rubber Floor Replacement at the Essex Centre Sports Complex - Parks and Facilities-2021-06.pdf

RE: Expansion of Scope for Replacement of Rubber Floors in Two Dressing Rooms and the Main Hall of Libro Rink at the Essex Centre Sports Complex

  • R21-05-200
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Bjorkman

    That Parks and Facilities-2021-06 entitled Expansion of Scope for Replacement of Rubber Floors in Two Dressing Rooms and the Main Hall of Libro Rink at the Essex Centre Sports Complex  prepared by Jake Morassut, Manager, Parks and Facilities dated May 17, 2021 be received; and

    That Council approve the additional budgeted expenditures of $13,931.62 for the Capital Project: Expansion of Scope for Replacement of Rubber Floors in Two Dressing Rooms and the Main Hall of Libro Rink at the Essex Centre Sports Complex (CS-21-0044) through additional funding from the Asset Management Plan Lifecycle Reserve (AMP Reserve).

    Carried

9.3
Capital Works and Infrastructure-2021-06
This item has attachments. 

1.Results of Request for Tender - Surface Treatment 2021 - Capital Works and Infrastructure-2021-06.pdf

RE: Results of Request for Tender – Surface Treatment 2021

  • R21-05-201
    Moved ByCouncillor Bjorkman
    Seconded ByCouncillor Verbeek

    That Capital Works and Infrastructure 2021-06 entitled, Results of Request for Tender – Surface Treatment 2021 prepared by Kevin Girard, Director, Infrastructure Services dated May 17, 2021 be received;

    That Council award the Request for Tender – Surface Treatment – 2021 (RFT-ID-21-013) to Shepley Road Maintenance Limited in the amount of $621,103.55 including non-refundable Harmonized Sales Tax; and

    That Council approve the additional funding of $7,694.42 including non-refundable Harmonized Sales Tax above the approved 2021 Capital Budget of $150,000 for Project PW-21-0013 to be funded from the Asset Management Lifecycle Reserve.

    Carried

9.4
Capital Works and Infrastructure-2021-07
This item has attachments. 

1.Results of Request for Tender - Concrete Sidewalk Construction - Capital Works and Infrastructure-2021-07.pdf

RE: Results of Request for Tender – Concrete Sidewalk Construction 2021 

  • R21-05-202
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Bjorkman

    That Capital Works and Infrastructure 2021-07 entitled, Results of Request for Tender – Concrete Sidewalk Construction 2021 prepared by Kevin Girard, Director, Infrastructure Services dated May 17, 2021 be received;

    That Council award the Request for Tender – Concrete Sidewalk Construction 2021 (RFT-ID-21-014) to Windsor Concrete and Construction Ltd. in the amount of $217,434.66 including non-refundable Harmonized Sales Tax; and

    That Council authorize that the additional expense of $6,003.30 for PW-21-0042 be funded from Trails Reserve and that the additional expense of $4,721.44 for PW-21-0007 be funded from the Asset Management Lifecycle Reserve.

    Carried

9.5
Environmental Services-2021-02
This item has attachments. 

1.Harrow Lagoon Sludge Removal - Cell No. 2 - Environmental Services-2021-02.pdf
2.Procurement Section 22-Harrow Lagoon Sludge Removal.pdf

RE: Harrow Lagoons Sludge Removal – Cell No. 2 

Kevin Girard, Director, Infrastructure Services, provided a summary of his report regarding the Harrow Lagoons Sludge Removal and noted that regular cleaning of the lagoon cells is necessary to ensure their efficient operation.

  • R21-05-203
    Moved ByCouncillor Bjorkman
    Seconded ByCouncillor Bowman

    That Environmental Services–2021-02 entitled, Harrow Lagoons Sludge Removal – Cell No. 2 prepared by Kevin Girard, Director, Infrastructure Services dated May 17, 2021 be received; and

    That Council appoint Ontario Clean Water Agency (OCWA) to provide engineering, operational, and contract administration services to design, procure, and administer the Harrow Lagoons Sludge Removal project (SS-19-004 and SS-19-0013) in the amount of $1,000,000 including non-refundable Harmonized Sales Tax, in accordance with the completed request under Section 22 of the Town of Essex Procurement By-Law 1043.

    Carried

9.6
Economic Development-2021-06
This item has attachments. 

1.Building Report and Development Overview April 2021 - Economic Development-2021-06.pdf
2.Building 2021-04.pdf
3.Development Overview - April 2021.pdf

RE: Building Report and Development Overview April 2021 

  • R21-05-204
    Moved ByCouncillor Bjorkman
    Seconded ByCouncillor Bowman

    That Economic Development-2021-06 entitled Building Report and Development Overview April 2021 prepared by Nelson Silveira, Economic Development Officer dated May 17, 2021 be received for Council and public information.

    Carried

9.7
Legal and Legislative Services-2021-07
This item has attachments. 

1.Charles Shepley Drain - Legal and Legislative Services-2021-07.pdf
2.2019-1021 Charles Shepley Drain Report With Area Roll Numbers (January 18 2021).pdf

RE: Appointment of Court of Revision Member for the Charles Shepley Drain, Town of Amherstburg (initiating Municipality)

  • R21-05-205
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Bondy

    That Kirk Carter, member of the Drainage Board, be selected and appointed to sit as the third member of the Court of Revision for the Charles Shepley Drain, Town of Amherstburg (initiating Municipality) and Town of Essex (neighbouring Municipality), County of Essex, Project No. 2019-1021 as per the report prepared by Mike Gerrits, Professional Engineer, R. Dobbin Engineering Inc. dated January 18, 2021 and including amendments for June 1, 2021 (hereinafter the “Report”), such Court of Revision to be scheduled for 6:00 pm on June 1, 2021, in the Town of Amherstburg.

    Carried

9.8
Infrastructure Services-2021-07
This item has attachments. 

1.Amherstburg-McGregor Downspout Disconnections - Infrastructure Services-2021-07.pdf
2.2020 09 14 - Mandatory Downspout Disconnection - revised (002).pdf
3.By-law No. 2020-044 - Require Downspout Disconnection in Designated Areas for the Purpose of Regulating Stormwater Drainage.pdf

RE: Amherstburg-McGregor Downspout Disconnections

Kevin Girard, Infrastructure Services, provided a summary of his report regarding the Amherstburg-McGregor Downspout Disconnections and explained the need for a site specific review to identify which areas could be disconnected to avoid concerns of safety or flooding. 

  • R21-05-206
    Moved ByCouncillor Garon
    Seconded ByCouncillor Bondy

    That Infrastructure Services–2021–07 entitled Amherstburg-McGregor Downspout Disconnections prepared by Kevin Girard, Director, Infrastructure Services dated May 17, 2021 be received; and

    That Council direct Administration to develop a by-law specific to the community of McGregor to support the mandatory downspout disconnection program proposed by the Town of Amherstburg.

    Carried

9.9
Community Services-2021-05
This item has attachments. 

1.Request for Interest - Colchester Park Bike Rental Lease Space - Community Services-2021-05.pdf
2.Grove Bike Waiver - Final with Essex.pdf
3.By Law 2021 for Grove Bike Rentals in Colchester Park.pdf

RE: Request for Interest – Colchester Park Bike Rental Lease Space 

  • By-Law 2021, being a By-law to authorize the execution of a lease agreement between the Corporation of the Town of Essex and The Grove Bike Co.
  • Schedule A to By-law 2021: Lease Agreement
  • R21-05-207
    Moved ByCouncillor Bjorkman
    Seconded ByCouncillor Verbeek

    That Community Services Report 2021-008 entitled Request for Interest – Colchester Park Bike Rental Lease Space be received;

    That Council approve the entering into of an agreement with The Grove Bike Co. for leased space within Colchester Park located 325 Jackson Street in Colchester for three years commencing on May 20, 2021 and concluding on April 30, 2024 with an option to renew for an additional two years beginning on May 1, 2024 subject to the general terms and conditions as outlined in By-Law 2021 and its Schedule A; and

    That By-Law 2021 be read a first, second and third time and be finally adopted on May 17, 2021.

    Carried

10.
Reports from Youth Members
 

11.
County Council Update
 

12.
Correspondence
 

12.1
Correspondence to be received
 

  • R21-05-208
    Moved ByCouncillor Bjorkman
    Seconded ByCouncillor Bondy

    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

12.1.1
Correspondence relating to COVID-19 Pandemic
 

12.1.1.1
The Town of Shelburne
This item has attachments. 
1.Letter to Premier - April 27-21.pdf

RE: Universal Paid Sick Days for Ontario Workers

12.1.1.2
Association of Municipalities of Ontario
This item has attachments. 
1.AMO Policy Update – Stay-at-Home Order Extended.pdf

RE: AMO Policy Update - Stay-at-Home Order Extended

12.1.2
The Corporation of The Town of Perth
This item has attachments. 

1.Correspondence-Provincial Hospital Funding of Major Capital Equipment-29Apr2021.pdf

RE: Provincial Hospital Funding of Major Capital Equipment

12.1.3
The Corporation of The Town of Amherstburg
This item has attachments. 

1.2021 04 12 - Planning Act Timelines.pdf

RE: Planning Act Timelines

12.1.4
The Corporation of The Town of Amherstburg
This item has attachments. 

1.2021 04 12 - Regional Food and Organics Waste Management Program.pdf

RE: Regional Food and Organics Waste Management Program

12.1.5
Essex Firemen's Association Inc.
This item has attachments. 

1.Town of Essex Thank you (Community Partnership Grant 2021).pdf

RE: Letter of thanks for Community Partnership Fund donation

12.1.6
The Corporation of The Town of Amherstburg
This item has attachments. 

1.2021 04 12 - Request for Funding for Tree Planting in Windsor-Essex County.pdf

RE: Request for Funding for Tree Planting in Windsor-Essex County

12.1.7
Councillor Bondy
This item has attachments. 

1.Harrow High_.pdf

RE: Harrow High School Property

12.2
Correspondence to be considered for receipt and support
 

12.2.1
Town of Essex Accessibility Advisory Committee
This item has attachments. 

1.New Response Completed for Proclamation Request Form_Redacted.pdf

RE: National AccessAbility Week - May 30 - June 5, 2021

  • R21-05-209
    Moved ByCouncillor Verbeek
    Seconded ByCouncillor Bjorkman

    That the correspondence by the Town of Essex Accessibility Advisory Committee's, Vice Chair Lisa Wallace, asking Council to consider proclaiming National AccessAbililtyWeek in the Town of Essex, be received and supported; and

    That Council proclaims the week of May 30- June 5, 2021 as National AccessAbilityWeek in the Town of Essex by adopting the following resolution:

    Whereas, National AccessAbility Week (NAAW) takes place every year starting on the last Sunday in May. It is a time when accessibility and inclusion is promoted across communities and workplaces and a time to celebrate the contributions of Canadians with disabilities. It is also an opportunity to recognize the efforts of Canadians who are actively removing barriers and ensuring persons with disabilities have an equal chance to participate in all aspects of Canadian society;

    And Whereas, the increased social and economic inclusion of persons with disabilities has positive economic and social benefits, for persons with disabilities, for business, the economy, and society in general;

    And Whereas, when persons with disabilities can access meaningful employment, resources and services, Canada's economy grows. Businesses have the chance to welcome more customers, service satisfaction improves and workplaces reflect Canada's diversity;

    And Whereas, by bringing Canadians together to recognize the valuable contributions of persons with disabilities, we are strengthening the collaborative effort needed to create a country that is fully accessible and inclusive;

    Therefore, I Mayor Larry Snively, do hereby designate the week of May 30 to June 5, 2021 as National AccessAbililty Week (NAAW) in the Town of Essex.

    Carried

12.2.2
Ministry for Seniors and Accessibility
This item has attachments. 

1.2021 Senior of the Year-Prix de la personne âgée de lannée.docx.pdf
2.How to Download Complete and Submit Online Forms (June 2020).pdf

RE: 2021 Senior of the Year Award: Request for Nominee

It was noted by the Clerk that the deadline for submitting a nomination was May 31, 2021 and given that Council already has a Special Meeting scheduled for May 31 this item could be received but then brought forward to the May 31, 2021 meeting as unfinished business for Council to action this item by nominating a person at that time.

  • R21-05-210
    Moved ByCouncillor Bjorkman
    Seconded ByCouncillor Garon

    That Council receive the correspondence dated May 7, 2021 received from the Ministry for Seniors and Accessibility.  

    Carried

13.
Committee Meeting Minutes
 

  • R21-05-211
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Verbeek

    That all the Committee Meeting minutes listed in Agenda Item 13, together with any recommendations to Council noted therein, be received, approved and adopted as circulated.

    Carried

14.
Financial
 

15.
New Business
 

16.
Notices of Motion
 

16.1
The following Notices of Motion were presented at the May 3, 2021 Regular Council Meeting and are being brought forward this evening for Council's consideration:
 

16.1.1
Councillor Bondy
 

RE: Public Education Campaign

  • R21-05-212
    Moved ByCouncillor Bondy
    Seconded ByCouncillor Bjorkman

    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.

    Carried

17.
Reports and Announcements from Council Members
 

18.
By-Laws
 

18.1
By-Laws that require a third and final reading
 

18.1.1
By-Law 2019
This item has attachments. 

1.By-Law No. 2019- May 3, 2021 Regular Council Meeting Confirming By-Law.pdf

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.

  • R21-05-213
    Moved ByCouncillor Vander Doelen
    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 third time and finally adopted on May 17, 2021.

    Carried

18.2
By-Laws that require a first, second, third and final reading
 

18.3
By-Laws that require a first and second reading
 

18.3.1
By-Law 2020
This item has attachments. 

1.By-Law No. 2020- May 17, 2021 Regular Council Meeting Confirming By-Law.pdf

Being a by-law to confirm the proceedings of the May 17, 2021, Regular Meeting of Council of The Corporation of the Town of Essex.

  • R21-05-214
    Moved ByCouncillor Verbeek
    Seconded ByCouncillor Bjorkman

    That By-Law 2020 being a by-law to confirm the proceedings of the May 17, 2021, Regular Meeting of Council of The Corporation of the Town of Essex be read a first, a second time and provisionally adopted on May 17, 2021.

    Carried

19.
Adjournment
 

  • R21-05-215
    Moved ByCouncillor Verbeek
    Seconded ByCouncillor Bondy

    That the meeting be adjourned at 7:16 PM.

    Carried
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