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 Chris Vander Doelen
  • Ward 4 Councillor Sherry Bondy
  • Ward 3 Councillor Jason Matyi
Also Present:
  • Doug Sweet, Chief Administrative Officer
  • 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
  • Kate Giurissevich, Director, Corporate Services
  • Jake Morassut, Director, Community Services
  • Rodney Klie, Assistant Manager, Parks and Facilities
  • Rita Jabbour, Manager, Planning Services
  • Corinne Chiasson, Assistant Planner
  • Brandi Sieben, Manager, Human Resources

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

The Mayor read a statement regarding the situation in Ukraine and the tragic loss of lives occurring there. He encouraged all residents to keep the innocent victims of this tragedy in their thoughts and prayers and he asked for a moment of silence to be observed.

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.

Robert Auger, Town Solicitor/Clerk, Legal and Legislative Services provided a verbal report on the Closed meetings held on March 8, March 14, and March 21, 2022.

He reported that Council met electronically in Closed Session on March 8, 2022 at 4:00 PM as permitted to do so by Section 239 (2) (k) of the Municipal Act. At the Closed Meeting Council discussed a plan or a position to be applied to negotiations on behalf of the municipality and Council provided Administration future direction with respect to those negotiations.

He further reported that Council met electronically on March 14, 2022 at 3:30 PM as permitted to do so by Section 239 (2) (b), (c), and (e) of the Municipal Act. At this Closed Meeting Council discussed litigation and a proposed or pending acquisition of land by the municipality. Council provided direction with respect to both matters.

He lastly reported that Council met in Closed session earlier this evening (March 21, 2022) at 3:30 PM as permitted by Section 239 (2) (i) and (j) of the Municipal Act. At this Closed Meeting Council discussed commercial information belonging to the municipality which has a potential monetary value. Council provided Administration further information with respect to that commercial information.

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

  • R22-03-102
    Moved ByCouncillor Verbeek
    Seconded ByDeputy Mayor Bjorkman

    That the published agenda for the March 21, 2022 Regular Council Meeting be adopted as presented.

    Carried
  • R22-03-103
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Garon

    That the minutes of the Regular Council Meeting held March 7, 2022 be adopted as circulated.

    Carried

RE: Statement regarding the December 7, 2020 Regular Council Meeting

Mr. Ronald Fobe read a statement to Council regarding the Regular Council Meeting held on December 7, 2020 in regards to his neighbour’s attendance as a delegation at that council meeting. At this December 7, 2020 meeting the delegation (Jennifer Weber) had made allegations against an unnamed neighbour that his security cameras were being used in a manner that made her and her children feel unsafe in their own backyard. Further at this same December 7, 2020 meeting Council members had made comments during the Meeting that, while not directed specifically at any one person specifically, including Mr. Fobe, could be interpreted as referring to Mr. Fobe. Mr. Fobe accordingly took issue with the comments made at this Council Meeting, stating that they were all untrue and defamatory in nature. As a result, Mr. Fobe requested an opportunity to speak to council in order to set the record straight and provide his perspective on what he stated were the false and defamatory allegations made against him at both the December 7, 2020 council meeting and in the media/social media subsequently thereafter. He further stated that the defamatory allegations were made by various people who had not bothered to first talk with him or to firstly perform their own due diligence as to what was true and what was untrue before making such statements or comments. In particular Mr. Fobe stated that the events of the December 7. 2020 council meeting and thereafter have had a negative and emotional impact on his and his wife’s life and the harassment that they have had to endure since is unfair and unjustified.

Councillor Garon, speaking through the Chair then addressed Mr. Fobe and read a statement whereby he explained that he had received concerns from a few constituents with respect to improper use of private cameras and based on these complaints he was informed by Administration that there was no by-law in place. He noted that he felt it was appropriate to make a motion to start a discussion on a potential by-law at the December 7, 2022 Council Meeting. Councillor Garon then proceeded to issue an apology to any of the delegate Jennifer Weber’s neighbour's including Mr. Fobe who took offence to his comments as it was not his intent to direct his comments to any one person in particular.

Councillor Bondy then spoke and endorsed Councillor Garon's apology and comments as being her own as well and she additionally noted that she believed this Council meeting had revolved around a potential by-law as this was not the first time the Councillors had discussed security cameras. She also apologized for discussing this publicly prior to speaking to all parties involved and was also unaware who specifically the delegate was talking about and that her comments were not meant to refer to any one resident in the Town of Essex.

  • R22-03-104
    Moved ByCouncillor Bondy
    Seconded ByCouncillor Bowman

    That the delegation by Ronald Fobe regarding the December 7, 2022 Regular Council Meeting be received.

    Carried

RE: Notice of Intention to Demolish the building known as the Harrow Antique Store located at 15 King Street

Sebastian Schmoranz stated that he purchased the Harrow Antique Store with the intention of developing the property into a law and dental office. He stated that in January 2022 he purchased the Golden Law Office and intends to relocate the firm to this location. As part of this development, there will also be approximately six apartments that will serve the rapidly growing surrounding communities. He noted that since the 1980s, the building has served various purposes including a general store, hotel, and an antique store. He explained that while he is seeking to demolish the subject building he is aware that the façade of the building is of the main historical significance and so he intends to preserve it but with a building  more structurally sound building behind it. The project is expected to be completed early 2023.He also asked Council that if their appetite was to support his request and remove the subject property from the Heritage Register list, he asked if Council could also accordingly dispense with the 60 day notice period.

  • R22-03-105
    Moved ByDeputy Mayor Bjorkman
    Seconded ByCouncillor Bowman

    That the delegation by Sebastien Schmoranz regarding the Notice of Intention to demolish the building known as the Harrow Antique Store located at 15 King Street be received;

    That the Notice of Intention to Demolish submitted for the listed property at 15 King Street be received and supported;

    That reference to the property at 15 King Street be removed from the Town of Essex Heritage Register effective immediately; and

    That the March 10, 2022 minutes of the Essex Municipal Heritage Committee including any recommendations to Council noted therein be received, approved and adopted as circulated. 

    Carried

Recommendation to Council:


EMHC22-03-13


Moved by: Vice Chair Paniccia


Seconded by Member Basden


That the Committee supports the heritage application to demolish listed property 15-17 King Street (Harrow Antique Shop) in Harrow.                                                                   Carried

RE: 2022 Municipal Election Voting Method

  • Appendix A to Legal and Legislative Services-2022-09 dated March 21, 2022

Robert Auger, Town Clerk/Solicitor, Legal and Legislative Services received direction from Council at its Regular Council Meeting of March 7, 2022 for Administration to return with a  report (Appendix A) on the cost of two additional options relating to the method of voting in the upcoming election such two additional options being the following:.

  • Alternative Option A: 100% in-person voting only on both voting day and during advance polls using voting tabulators at each of the four Town Centre locations (Essex Centre Sports Complex, Harrow and Colchester South Community Centre, Colchester Community Centre and McGregor Community Centre); and
  • Alternative Option B: A hybrid form of voting using in-person voting with voting tabulators at each of the four town centers on voting day itself and for advance voting using a hybrid of internet voting during an extended advance vote period (October 10 to October 21) together with also offering in-person advance poll voting at designated dates at each of the four Town Centre locations.

He explained that Option A would be at budget with 139,500 and Option B has a total projected cost of approximately $163,500 with the surplus recommended to be funded through Council’s Contingency Fund.

Council proceeded to deliberate on the recommendations contained in the Report and its Appendix A. discussed both options and the need for extended hours at the advanced polling stations.

During deliberations Councillor Bondy called a Point of Order stating that Councillor Vander Doelen was using derogatory terms to describe residents that Council represents. Mayor Meloche stated that the meeting would continue.

Councillor Bondy called a Point of Order pertaining to comments made by Councillor Vander Doelen while a motion was on the floor. Mayor Meloche advised Councillor Vander Doelen that only discussions relating to the motion are permitted.

  • R22-03-106
    Moved ByCouncillor Vander Doelen
    Seconded ByDeputy Mayor Bjorkman

    That the method of voting for the 2022 Municipal Election be Alternative Option B consisting of a hybrid form of voting using in-person voting at each of the four town centers on voting day itself and using a hybrid of internet voting during an extended advance vote period from October 10 to October 21, 2022 together with also offering in-person advance poll voting at designated dates at each of those four town center locations and that the surplus under this  selected option be funded through Council's contingency fund and that lastly Council direct Administration to return to the April 4, 2022 Regular Council Meeting with the authorizing by-law required under the Municipal Elections Act to confirm the method of voting and to establish the advanced voting dates for the 2022 Municipal Election.

    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)
  • R22-03-107
    Moved ByCouncillor Verbeek
    Seconded ByCouncillor Bondy

    That Legal and Legislative Services-2022-09 Report entitled 2022Municipal Election Voting Method together with Appendix A to said Report dated March 21, 2022 all as prepared by Robert W. Auger Town Solicitor/Clerk dated March 21, 2022 be received; and 

    That the Municipal Election be Alternative Option A consisting of 100% in-person voting on both voting day and during advance polls at each of the four Town Centre locations (Essex Centre Sports Complex, Harrow and Colchester South Community Centre, Colchester Community Centre and McGregor Community Centre) and that the cost of the election should it run surplus to the budgeted amount be funded through Council's contingency fund and that Council direct Administration to return to the April 4, 2022 Regular Council Meeting with a by-law to confirm method of voting and establish advanced voting dates for the election.

    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
    Results53
    Carried (5 to 3)
  • R22-03-108
    Moved ByCouncillor Garon
    Seconded ByCouncillor Matyi

    That the advanced polls be extended to 8 hours with Ward 1 and 4 polls running from 8:00 AM to 4:00 PM and Ward 2 and 3 polls from 12:00PM to 8:00PM on four different dates to be determined.

    Carried

RE: Canadian Transportation Museum and Heritage Village (CTMHV) Light Pole Donation

  • R22-03-109
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Bondy

    That Office of the CAO-2022-03 Report entitled Canadian Transportation Museum and Heritage Village (CTMHV) Light Pole Donation Request dated March 21, 2022 be received;

    That Council declare the old Harrow Light Poles as surplus in accordance with Section 35 of the Town’s Procurement By-Law 2129; and

    That the old Harrow Light Poles be donated to the Canadian Transportation Museum and Heritage Village (CTMHV).

    Carried

RE: COVID-19 Vaccination Policy Review

  • R22-03-110
    Moved ByCouncillor Vander Doelen
    Seconded ByDeputy Mayor Bjorkman

    That Human Resources-2022-05 Report entitled COVD-19 Vaccination Policy Review prepared by Brandi Sieben, Manager, Human Resources dated March 21, 2022, be received; and

    That Council suspend the COVID-19 Vaccination Policy for the Town of Essex effective March 22, 2022.

    Carried

RE: County Road 50 West CWATS Paved Shoulders – Finance Model and Federal Active Transportation Funding Application

Both Corinne Chiasson Assistant Planner and Kate Giurissevich Director, Corporate Services provided Council with a summary and further information concerning this Report.

  • R22-03-111
    Moved ByCouncillor Vander Doelen
    Seconded ByCouncillor Bowman

    That Planning-2022-03 Report entitled County Road 50 West County-Wide Active Transportation System (“CWATS”) Paved Shoulders – Finance Model and Federal Active Transportation Funding Application prepared by Corinne Chiasson, Assistant Planner dated March 21, 2022 be received;

    That Council pre-approve the multi-year Capital Project for the completion of County Road 50 West Paved Shoulders with a total cost of $2,268,444, in partnership with the County of Essex, to be funded from 2023 through to 2026 by a total operating contribution of $375,000 and a total grant funding allocation of $1,893,444; and

    That Council support administration applying and partnering with the County of Essex for the Federal Active Transportation Fund, through Infrastructure Canada, for the construction of paved shoulders along County Road 50 West between County Road 41 and Dahinda Drive.

    Carried

RE: Building Report and Development Overview February 2022

  • R22-03-112
    Moved ByDeputy Mayor Bjorkman
    Seconded ByCouncillor Bowman

    That Economic Development-2022-04 Report entitled Building Report and Development Overview February 2022 prepared by Nelson Silveira, Economic Development Officer dated March 21, 2022, be received for information.

    Carried

RE: 3rd Concession Paved Shoulder Overage

  • R22-03-113
    Moved ByCouncillor Vander Doelen
    Seconded ByCouncillor Bowman

    That Capital Works and Asset Management-2022-01 Report entitled 3rd Concession Paved Shoulder Overage prepared by Kevin Girard, Director, Infrastructure Services dated March 21, 2022 be received; and

    That Council approve the additional expenditure in the amount of $31,751.42 (including applicable taxes) for PW-21-0042: 3rd Concession Paved Shoulder to be funded from the unallocated Ontario Community Infrastructure Funds (OCIF).

    Carried

RE: Colchester Harbour Maintenance Dredging Update

  • R22-03-114
    Moved ByDeputy Mayor Bjorkman
    Seconded ByCouncillor Vander Doelen

    That Parks and Facilities-2022-05 Report entitled Colchester Harbour Maintenance Dredging Update prepared by Rodney Klie, Acting Assistant Manager, Parks and Facilities dated March 21, 2022 be received for Council and public information.

    Carried

RE: 2021 Operating Transfers

  • R22-03-115
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Garon

    That Finance and Business Services-2022-03 Report entitled 2021 Operating Transfers prepared by Kate Giurissevich, CPA, CA, Director, Corporate Services dated March 21, 2022 be received; and

    That the unused budget amounts for the items identified in Schedule A to this report be transferred to reserves for the use(s) designated in Schedule A.

    Carried

RE: Light Abatement By-Law Update

  • R22-03-116
    Moved ByCouncillor Vander Doelen
    Seconded ByDeputy Mayor Bjorkman

    That Legal and Legislative Services-2022-10 Report entitled Update re: Light Abatement By-Law prepared by Robert Auger, Town Solicitor/Clerk and Matthew Ducharme, Legislative Intern, dated March 21, 2022, be received for Information; and

    That Council direct Administration to prepare and return with a by-law to regulate public nuisances related to interior greenhouse light emissions in the Town of Essex, following the best practice recommendations that are expected to be received in 2022 from the greenhouse industry.

    Carried

Deputy Mayor Bjorkman provided an update regarding the Regional Food and Organics Waste Management Program which was presented for County Council to vote on at the last county council meeting. At the meeting Mayor Meloche advised County Council that at this time the Town of Essex is not prepared to join the Windsor and  County organics program. Kingsville also opposed the program. Mayor Santos of Kingsville stated at the meeting that at this time our municipalities are not mandated to institute an organics waste program. Deputy Mayor Bjorkman further advised that a motion was presented asking all county municipalities  participate in the organics waste program and Mayor Meloche, himself, Mayor Santos and Deputy Mayor Queen voted against the motion.

On another note from county Council Councillor Bjorkman further stated that the County of Essex is taking ownership of a mobile high priority community clinic vehicle to be used by our high priority community program and the Windsor-Essex Ontario Health Team.

  • R22-03-117
    Moved ByDeputy Mayor Bjorkman
    Seconded ByCouncillor Garon

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

    Carried
  • R22-03-118
    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: AMO Policy Update - Consolidated Homelessness Prevention Program, New PTSD Rehabilitation Centre for First Responders, Getting Ontario Connected Act, 2022, AMO Statement on Ukraine

RE: Greater Material Support to Ukraine in their fight against Russia

RE: Brain Tumour Awareness Month - May 2022

  • R22-03-119
    Moved ByDeputy Mayor Bjorkman
    Seconded ByCouncillor Matyi

    That the Proclamation request to declare May 2022 as Brain Tumour Awareness Month in the Town of Essex be received and supported and that Council hereby adopts the following proclamation as published: 

     

    WHEREAS, the causes of and cure for brain tumours are unknown and early detection and treatment is vital to prolonged and improved survival; and
    WHEREAS brain tumours strike people of all ages from newborns to seniors, crossing all economic, social and ethnic boundaries; and
    WHEREAS, brain tumours are the most common cause of solid cancer death in children and young adults; and
    WHEREAS, the Brain Tumour Registry of Canada is needed to know the number of Canadian children and
    adults diagnosed every day; and
    WHEREAS, the mission of Brain Tumor Foundation of Canada is to reach every Canadian affected by a brain tumour through support, education, information and research;
    NOW THEREFORE I Mayor Meloche hereby proclaim the month of May 2022 as Brain Tumour Awareness Month in the Town of Essex.

    Carried

RE: World Autism Day - April 2, 2022

  • R22-03-120
    Moved ByCouncillor Verbeek
    Seconded ByCouncillor Vander Doelen

    That the Proclamation request to declare April 2, 2022 as World Autism Day in the Town of Essex be received and supported and that Council hereby adopts the following proclamation as published:

     

    WHEREAS, Autism Spectrum Disorder (ASD) affects more than 135,000 Ontarians. Autism Spectrum Disorder is a neurodevelopmental disorder affecting 1 in every 66 Canadian children, as well as their friends, family, and community; and approximately 1 - 2% of the Canadian population is on the autism spectrum.

    WHEREAS, ASD is a spectrum disorder, which means it not only manifests itself differently in every individual in whom it appears, but its characteristics will change over the life of each person as well. A child on the autism spectrum will become an adult on the autism spectrum; and

    WHEREAS, Autism Ontario is the leading source of information and referral on autism and one of the largest collective voices representing the autism community. Since 1973, Autism Ontario has been providing support, information, and opportunities for thousands of families and individuals across the province.

    WHEREAS, Autism Ontario is dedicated to increasing public awareness about autism and the day-to-day issues faced by individuals with autism, their families, and the professionals with whom they interact. The association and its Regions share common goals of providing information and education, supporting research, and advocating for programs and services for the autism community; and

    NOW THEREFORE I Mayor Meloche, do hereby declare April 2 as World Autism Day in the Town of Essex.

    Carried
  • R22-03-122
    Moved ByDeputy Mayor Bjorkman
    Seconded ByCouncillor Bowman

    That the Section 284 - Statement of Remuneration and Expenses Paid 2021 be received for public information.

    Carried

The Notice of Motion as presented on the March 21, 2022 Regular Council Meeting Agenda was revised by way of a friendly amendment.

  • R22-03-123
    Moved ByCouncillor Bondy
    Seconded ByDeputy Mayor Bjorkman

    That the Town of Essex Council direct Administration to send a letter to the School Board Trustees and copy Kingsville Council and Taras Natyshak, MPP, requesting a status update on the construction of a new school and the approximate building and completion dates.

    Carried
  • Moved ByCouncillor Bondy

    That the vacant seat on the E.L.K Energy Board be filled by someone in the community through an application process based on qualifications and not another member of Essex Council.

  • Moved ByCouncillor Bondy

    That as part of our policies and procedures governing our election sign by-law that "Re-Elect" only be permissible when a Candidate is duly elected to an office directly by the citizens during a general election or by-election, not by appointment of Council colleagues.

19.

Being a by-law to confirm the proceedings of the March 7, 2022, Regular Meeting of Council of The Corporation of the Town of Essex

  • R22-03-124
    Moved ByCouncillor Garon
    Seconded ByCouncillor Bowman

    That By-Law 2137 being a by-law to confirm the proceedings of the March 7, 2022, Regular Meeting of Council of The Corporation of the Town of Essex be third time and finally passed on March 21, 2022.

    Carried

Being a by-law to provide for Bassett Drain: Replacement Bridge and Enclosure for 730-01300, Former Geographic Township of Colchester South, Project REI2021D008, Town of Essex, County of Essex

  • R22-03-125
    Moved ByCouncillor Vander Doelen
    Seconded ByDeputy Mayor Bjorkman

    That By-Law 2111 being a by-law to provide for Bassett Drain: Replacement Bridge and Enclosure for 730-01300, Former Geographic Township of Colchester South, Project REI2021D008, Town of Essex, County of Essex be read a third time and finally passed on March 21, 2022.

    Carried

Being a by-law to appoint a Director, Community Services for the Town of Essex

  • R22-03-126
    Moved ByCouncillor Verbeek
    Seconded ByDeputy Mayor Bjorkman

    That By-Law 2135 being a by-law to appoint a Director, Community Services for the Town of Essex be read a first, a second and third time and finally passed on March 21, 2022.

    Carried

Being a by-law to establish tax rates and additional charges for Municipal, County and Education purposes for the year 2022

  • R22-03-127
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Verbeek

    That By-Law 2138 being a by-law to establish tax rates and additional charges for Municipal, County and Education purposes for the year 2022 be read a first, a second and finally passed March 21, 2022.

    Carried

Being a by-law to confirm the proceedings of the March 21, 2022, Regular Meeting of Council of The Corporation of the Town of Essex

  • R22-03-128
    Moved ByDeputy Mayor Bjorkman
    Seconded ByCouncillor Garon

    That By-Law 2140 being a by-law to confirm the proceedings of the March 21, 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 March 21, 2022.

    Carried
  • R22-03-129
    Moved ByCouncillor Vander Doelen
    Seconded ByCouncillor Verbeek

    That the meeting be adjourned at 8:21PM.

    Carried
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