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
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
  • Kevin Carter, Manager, Building Services/Chief Building Official
  • 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 currently open to the public for in person attendance. This meeting can be viewed by the public electronically via livestream and post-meeting on YouTube at www.youtube.com/EssexOntario


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

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.

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

  • R22-03-082
    Moved ByDeputy Mayor Bjorkman
    Seconded ByCouncillor Garon

    That the published agenda for the March 7, 2022 Regular Council Meeting be adopted with the following amendment:

    1. That the recommended action in Agenda Item 10.4 entitled Finance-2022-06 be revised to read that "Council approve the reallocation of wages as detailed in Table A, including the contract extension of the Financial Analyst through to December 31, 2022 and the creation of a full-time permanent, Assistant Manager, Capital Works and Asset Management."

    Carried
  • R22-03-083
    Moved ByCouncillor Bondy
    Seconded ByCouncillor Bowman

    That the minutes of the Regular Council Meeting held February 22, 2022 be adopted as circulated.

    Carried

RE: Recent Changes to the Conservation Authorities Act, ERCA's Transition Plan and Draft 2022 Budget

  • 2021 Annual Report
  • Transition Plan
  • Draft 2022 Budget

Tania Jobin, Chair, Essex Region Conservation Authority ("ERCA") together with Kieren McKenzie, Vice-Chair and Tim Byrne, COA/Secretary-Treasurer provided Council with an overview of ERCA’s Transition Plan explaining that the Plan outlines timelines associated with compliance with current regulations. Ms. Jobin advised that some of the deliverables identified in the Plan have been accomplished within the 2022 Budget.

Ms. Jobin further provided Council with highlights pertaining to ERCA’s 2022 Budget including its emphasis on improving building and maintaining conservation areas, providing solutions to increased demands on departments due to legislated responsibilities, and addressing improved security efficiency and customer services. Ms. Jobin stated that the increase to the levy is approximately 2.5% or $26.15 per household (based on an assessed value of $300,000).

Ms. Jobin stated that the Transition Plan requires that, prior to the end of 2023, ERCA enter into agreements with participating municipalities where municipal support is needed to fund non-mandatory as required and identified within the Transition Plan to ensure Windsor-Essex region becomes resilient and sustainable.

  • R22-03-084
    Moved ByCouncillor Verbeek
    Seconded ByCouncillor Vander Doelen

    That the presentation by Essex Region Conservation Authority regarding the recent changes to the Conservation Authorities Act, ERCA's Transition Plan and Draft 2022 Budget be received.

    Carried

RE: Council Vacancy - Ward 3 Councillor

Robert Auger, Town Solicitor/Clerk provided Council with a summary of the Call for Application process highlighting the February 28, 2022 Special Council meeting whereby the Applicants were noted and provided with the opportunity to appear as a delegate before Council with Council deferring to this evening the decision as to which applicant to appoint to fill the noted vacancy. Mr. Auger reminded Council that the proposed nomination and voting process would be as noted previously procedures were detailed. Mr. Auger advised that upon conclusion of the nomination and voting process, he will declare to be appointed the successful nominee and that person shall become the successful appointee subject to taking the declaration of consent, declaration of qualification, passing of the confirming by-law and the taking of the oath or declaration of office.

The Chair then opened the nomination process and invited nominations to be put forward by Members of Council.

The following applicants were nominated:

Nomination for Jason Matyi

Moved By Councillor Verbeek
Seconded By Councillor Garon

Nomination for Mac Goslin

Moved By Deputy Mayor Bjorkman
Seconded By Councillor Bondy

Nomination for Bill Caixeiro

Moved By Councillor Vander Doelen
Seconded By Councillor Bowman

Once nominations closed, the voting was conducted as a Recorded Vote in accordance with the procedures previously proposed and described further in Legal & Legislative Services Reports (2022-06 February 7, 2022), 2022-04 dated January 31, 2022 and 2022-03 dated January 24, 2022.

The results of the first recorded vote were as follows:

 

Jason Matyi

Mac Goslin

Bill Caixeiro

Mayor Meloche

 

 

X

Deputy Mayor Bjorkman

 

X

 

Councillor Garon

X

 

 

Councillor Verbeek

X

 

 

Councillor Bowman

 

 

X

Councillor Vander Doelen

 

 

X

Councillor Bondy

X

 

 

Total:

3

1

3

 

Mr. Auger announced the results of the first recorded vote and advised that according to the voting procedures Matt Goslin as the nominee with the fewest number of votes  is eliminated as a potential appointee and a subsequent recorded vote is to be conducted by the Municipal Clerk as between  the remaining nominees Jason Matyi and Bill Caixeiro.

The results of the second recorded vote were as follows:

 

Jason Matyi

Bill Caixeiro

Mayor Meloche

 

X

Deputy Mayor Bjorkman

X

 

Councillor Garon

X

 

Councillor Verbeek

X

 

Councillor Bowman

 

X

Councillor Vander Doelen

 

X

Councillor Bondy

X

 

Total:

4

3

 

The Clerk announced the results of the recorded vote and declared Jason Matyi as the successful nominee and the appointee to the office of Ward 3 Councillor subject to being administered the required declarations/oath of office together with passage of a confirming by-law on March 14, 2022.

  • R22-03-085
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Vander Doelen

    That Council defer the administering of the required Declarations/oaths of Office to the successful nominee together with passage of the appointment confirming by-law to a special meeting to be set for March 14, 2022.

    Carried
  • R22-03-086
    Moved ByCouncillor Bondy
    Seconded ByDeputy Mayor Bjorkman

    That Council direct the Chair to close the nominations that were brought forward by Council for the Ward 3 Council vacancy.

    Carried

RE: Town of Essex Support to Essex Region Conservation Authority ("ERCA") for the Acquisition of the Abandoned Canada Southern Railway Company ("CASO") Railway Line

Doug Sweet, Chief Administrative Officer, stated that the report provides various details and highlighted that ERCA is working with CP and CN Railway to acquire the abandoned Canada Southern Railway Company (CASO) that runs through the municipalities of Lakeshore, Essex and Tecumseh. He noted that the portion that runs through the Town of Essex is under three kilometers from County Road 23 (Naylor Side Road) to County Road 8 (Maidstone Avenue) which is adjacent to Essex High School. He explained that this is an important connection in Essex Center which runs through Heritage Park to Sadler's Park and the Greenway Trail. He advised that Administration is requesting a resolution to provide financial commitment for the Town of Essex's portion of the railway and to support ERCA on their negotiations.

  • R22-03-087
    Moved ByCouncillor Vander Doelen
    Seconded ByCouncillor Bowman

    That Community Services-2022-05 Report entitled Town of Essex Support to Essex Region Conservation Authority ("ERCA") for the acquisition of the abandoned Canada Southern Railway Company ("CASO") railway line be received; and

    That Council approve a financial commitment to the Essex Region Conservation Authority towards the acquisition of the Canada Southern Railway Company line for the Town of Essex portion of the line in the amount $28,553.00 and the funds for the Town’s commitment be funded from the Land Acquisition Reserve.

    Carried

RE: 2022 Municipal Election Voting Method

Mr. Auger provided a summary of the following administration recommendations as to methods of voting for the 2022 election:

  • In-person voting only for Advance Polls with an advance poll period commencing 12:00 a.m. on October 10, 2022 and ending at 12:00 p.m. on October 21, 2022; and
  • In-person voting only on Voting Day (October 24, 2022) using paper ballots with optical scan vote tabulators with voting locations to be determined and located in each of the four (4) Town centres (Essex Centre, Harrow, McGregor and Colchester).
  • R22-03-088
    Moved ByCouncillor Verbeek
    Seconded ByCouncillor Bondy

    That Council direct Administration to review and report back at the next Regular Council meeting on the cost for the following two additional options for voting in the 2022 election:

    • In-person voting only on both Voting Day (October 24) using paper ballots with optical scan vote tabulators and at Advance Polls on dates to be determined with such voting to take place at locations in each of the four (4) Town centres (Essex Centre, Harrow, McGregor and Colchester); and
    • In-person voting on Voting Day (October 24, 2022) using paper ballots with optical scan vote tabulators at voting locations in each of the four (4) Town centres together with providing a hybrid option for advance voting consisting of Internet Voting from October 10 to October 21 and in-person voting at advance polls located in each of the four Town Centres on dates to be determined. 
    Carried

RE: Appeal Hearing with respect to a Dangerous Dog Declaration and Issuance of a Notice to Muzzle

  • R22-03-089
    Moved ByCouncillor Bondy
    Seconded ByCouncillor Bowman

    That Legal and Legislative Services-2022-05 Report entitled Appeal Hearing with respect to a Dangerous Dog Declaration and Issuance of a Notice to Muzzle prepared by Shelley Brown, Deputy Clerk dated March 7, 2022 be received, and

    That Council grant an exemption from the requirements of Section 4.01 of the Animal Control By-Law as it relates to the composition of the Appeal Committee, and direct that the members of the Appeal Committee for the upcoming appeal hearing (s) (to be scheduled) shall be comprised of three members of the general public to be appointed who have declared that they will serve impartially and that they do not have a conflict of interest in the matter to be adjudicated.

    Carried

RE: 2022 Wage Reallocations

Kate Giurissevich, Director, Corporate Services/Treasurer, explained the Finance-2022-06 Report recommends various changes to the approved 2022 budget. She noted that since the budget development begun in August of 2021 and through deliberations it has become apparent that it is difficult to fill certain roles such as the Asset Management Specialist and the Manager, Finance and Business Services. She stated that both these roles play an integral part of the legislative asset management plan update it is recommended to divert funds that held in reserve for this update to a consultant to assist the Town in meeting the legislative deadlines given the July 1, 2022 date and the reduced staff resources. She also noted that the unfilled manager position was previously approved a contract position of the financial analyst to last through April 30 to assist in this transition. She stated that Administration is recommending the extension of this contract position through to December 31, 2022.

Kevin Girard, Director, Infrastructure Services, explained that the Town conducted an internal review of the Capital Works Asset Management position and identified the need for an Assistant Manager to continue the Town's current level of service in the Capital Works and Asset Management division.

  • R22-03-090
    Moved ByCouncillor Vander Doelen
    Seconded ByDeputy Mayor Bjorkman

    That Finance-2022-06 Report entitled 2022 Wage Reallocations prepared by the Administration Team dated March 7, 2022 be received;

    That Council approve the reallocation of funds currently held in the Contingency Reserve for an Asset Management Specialist, to instead be used for consulting services to assist in the Ontario Regulation 588 Mandatory Asset Management Plan update in the amount of $56,000.00; and

    That Council approve the reallocation of wages as detailed in Table A, including the contract extension of the Financial Analyst through to December 31, 2022 and the creation of a full-time permanent, Assistant Manager, Capital Works and Asset Management.

    Carried

RE: Annual Development Update

Lori Chadwick, Director, Development Service, provided a verbal report of the Annual Development Update and outlined major residential, commercial and industrial development projects in the Town of Essex. She further advised of the Development Charges 2021 summary along with the 2022 forecast.

  • R22-03-091
    Moved ByCouncillor Garon
    Seconded ByCouncillor Bowman

    That Development Services-2022-04 Report entitled Annual Development Update prepared by Lori Chadwick, Director, Development Services dated March 7, 2022 be received.

    Carried

RE: Release of Performance Securities for Phase 1 of the Parkland Woods Residential Subdivision (Ward 3)

  • R22-03-092
    Moved ByCouncillor Vander Doelen
    Seconded ByCouncillor Bondy

    That Planning-2022-02 Report entitled Release of Performance Securities for Phase 1 of the Parkland Woods Residential Subdivision (Ward 3) prepared by Rita Jabbour, RPP, Manager, Planning Services dated March 7, 2022, be received; and

    That the commercial letter of credit from 1552843 Ontario Limited (Noah Homes), be reduced by $209,746.90, leaving a remaining credit amount of $390,253.10.

    Carried
  • R22-03-093
    Moved ByDeputy Mayor Bjorkman
    Seconded ByCouncillor Garon

    That the minutes of the Regular County Council Meeting held February 2, 2022 be received.

    Carried
  • R22-03-094
    Moved ByCouncillor Vander Doelen
    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: Annual Report (2021) Requirement Section 11, Reg. 170/03 and Summary Report (2021) Requirement Schedule 22, Reg. 170/03: Essex Water Distribution System

RE: Safe Drinking Water Act, O. Reg. 170/03 Schedule 22 Summary Report: Harrow-Colchester South Water Treatment Plant

RE: Joint Board of Management Minutes of January 19, 2022

RE: Essex Region Conservation Authority 2022 Draft Budget 30 Day Notice to Member Municipalities

RE: Request to Dissolve Ontario Land Tribunal

RE: Ontario Eliminating Licence Plate Renewal Fees and Stickers

RE: Consideration for support for Windsor-Essex Workers

RE: Municipal Accommodation Tax and Crown Campgrounds

  • R22-03-094
    Moved ByDeputy Mayor Bjorkman
    Seconded ByCouncillor Bowman

    That 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

EFFC 22-02-005


Moved by Ron McDermott
Seconded by Katie McGuire-Blais


Recommendation to Council: That the FunFest Committee recommend to Council that the Essex FunFest be held Thursday, July 7, 2022 to Sunday, July 10, 2022.


Carried

  • R22-03-095
    Moved ByDeputy Mayor Bjorkman
    Seconded ByCouncillor Vander Doelen

    That the Bank Payments Report, including January 2022 cheque register, cheque number 53943 to cheque number 54094 and electronic funds transfer (EFT) payment number EFT005937 to EFT006123 inclusive in the amount of $5,275,429.86; the Preauthorized Payments for the month of January in the amount of $297,286.38; and Payroll for the month of January in the amount of $363,628.15, be ratified as submitted.

    Carried
  • Moved ByCouncillor Bondy

    That Council have a discussion regarding the lack of progress on a new High School being built in the Kingsville area for high school students of the Harrow/Colchester area.

Deputy Mayor Bjorkman noted that at County Council the CAO was directed to continue to request that the City of Windsor share funding for housing in the County as homelessness is more than a City of Windsor issue

Councillor Vander Doelen stated that the Annual Development Update list presented by Director Chadwick of the current projects is a testament of how much work has been done over the last three years and noted that Essex has never seen anything like it. 

19.

Being a by-law to confirm the proceedings of the February 22, 2022, Regular Meeting of Council of The Corporation of the Town of Essex

  • R22-03-096
    Moved ByCouncillor Verbeek
    Seconded ByDeputy Mayor Bjorkman

    That By-Law 2134 being a by-law to confirm the proceedings of the February 22, 2022, Regular Meeting of Council of The Corporation of the Town of Essex be read a first third time and finally passed on March 7, 2022.

    Carried

Being a by-law to authorize the execution of a lease agreement between the Town of Essex and Richard R. Brett for the Management and Operation of a Skate Sharpening and Pro Shop at the Essex Centre Sports Complex located at 60 Fairview Avenue West, Essex, Ontario

  • R22-03-097
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Garon

    That By-Law 2127 being a by-law to authorize the execution of a lease agreement between the Town of Essex and Richard R. Brett for the Management and Operation of a Skate Sharpening and Pro Shop at the Essex Centre Sports Complex located at 60 Fairview Avenue West, Essex, Ontario be read a third time and finally passed on March 7, 2022.

    Carried

Being a by-law to adopt a policy for the procurement and disposal of goods and services

  • R22-03-098
    Moved ByCouncillor Garon
    Seconded ByCouncillor Verbeek

    That By-Law 2129 being a by-law to adopt a policy for the procurement and disposal of goods and services be read a third time and finally passed on March 7, 2022.

    Carried

RE: Agritourism Ambassador Program and Toolkit


Being a by-law to enter into a Contribution Agreement between Her Majesty The Queen in Right of Ontario as represented by the Minister of Agriculture, Food and Rural Affairs (the “Province”) and The Corporation of the Town of Essex (the “Recipient”)

  • R22-03-099
    Moved ByCouncillor Vander Doelen
    Seconded ByCouncillor Verbeek

    That By-Law 2136 being a by-law to enter into a Contribution Agreement between Her Majesty The Queen in Right of Ontario as represented by the Minister of Agriculture, Food and Rural Affairs (the “Province”) and The Corporation of the Town of Essex (the “Recipient”) be read a first, a second and third time and finally passed on March 7, 2022.

    Carried

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

  • R22-03-100
    Moved ByDeputy Mayor Bjorkman
    Seconded ByCouncillor Garon

    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 read a first and a second time and provisionally adopted on March 7, 2022.

    Carried
  • R22-03-101
    Moved ByCouncillor Bondy
    Seconded ByCouncillor Garon

    That the meeting be adjourned at 8:50PM.

    Carried
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