Regular Council Meeting Agenda

Monday, August 23, 2021 at 6:00 P.m. - 9:00 P.m.

Location: https://www.youtube.com/user/EssexOntario

​Accessible formats or communication supports are available upon request. Please contact the Clerk’s Office at [e-mail] or 519-776-7336 extension 1100 or 1101.

 

This meeting will be hosted and chaired from the Town of Essex Municipal Building. Due to the ongoing COVID-19 pandemic this meeting is not currently open to the public for in person attendance. This meeting can only be viewed by the public electronically via livestream on YouTube at www.youtube.com/EssexOntario

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1.

Call to Order

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

5.

Declarations of Conflict of Interest

6.

Adoption of Published Agenda

6.1

Regular Council Meeting Agenda for August 23, 2021

• That the published agenda for the August 23, 2021 Regular Council Meeting be adopted as presented / amended.

7.

Adoption of Minutes

7.1

Regular Council Meeting Minutes for August 3, 2021

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

7.2

Special Council Meeting Minutes for May 3, 2021

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

8.

Public Presentations

8.1

Mackenzie Porter, Policy Writer, Better Laws for Paws 

RE: Animal Care and Control By-Laws

• That the presentation by Mackenzie Porter, Policy Writer, Better Laws for Paws regarding animal care and control by-laws be received.

9.

Unfinished Business

10.

Reports from Administration

10.1

Legal and Legislative Services-2021-15

RE: Noise Control By-Law Review and Updates

• That Legal and Legislative Services-2021-15 report entitled Noise Control By-Law Review and Updates prepared by Robert Auger, Town Solicitor/Clerk and Matthew Ducharme, Legal & Legislative Services Intern dated August 23, 2021 be received; and

  That By-Law No. 2038 being a by-law to prohibit and regulate noise in the Town of Essex be read a first, a second and be provisionally adopted on August 23, 2021.

10.1.1

By-Law 2038

10.2

Legal and Legislative Services-2021-18

RE: Animal Control Appeal Committee

• That Legal and Legislative Services-2021-18 report entitled Appointment of Animal Control Appeal Committee prepared by Shelley Brown, Deputy Clerk, and dated August 23, 2021 be received;

  That Council appoint Terri Coutts, Richard Kokovai, and Chris Ortner as members of the Animal Control Appeal Committee for the limited purpose of adjudicating an upcoming appeal(s) (to be scheduled); and

  That an honorarium of $100 be paid to each member of the Animal Control Appeal Committee for serving an adjudicative role for a specific purpose.

10.3

Community Services-2021-11

RE: Special Events Resource Team (SERT) August Update

• That Community Services-2021-011 report entitled Special Events Resource Team (SERT) August update be received for Council's information.

10.4

Community Services-2021-12

RE: Ken Knapp Ford Party at the Park – Request for Road Closure

• That Community Services-2021-012 report entitled Ken Knapp Ford - Party at the Park – Request for Road Closure be received; and

  That Wilson Street between Talbot Street and Scratch Street in Essex Centre be closed between 9:00 am and 5:00 pm on Saturday September 11, 2021 to accommodate the foot traffic for the event.

10.5

Community Services-2021-13

RE: Lease of Space to Install 2 Viewing Devices in Colchester Park

• That Community Services-2021-013 report entitled Lease of Space to Install 2 Viewing Devices in Colchester Park be received;

  That Council approve entering into an agreement with 2633698 Ontario Ltd. (o/a Vintage Grapes) for leased space to install two (2) viewing devices within Colchester Park located 325 Jackson Street in Colchester for two years commencing on September 1, 2021 and concluding on August 31, 2023 with an option to renew for an additional two years beginning on September 1, 2023 subject to the general terms and conditions as outlined in By-Law 2056; and

  That By-Law 2056 be read a first, a second, and a third time and finally passed on August 23, 2021.

10.5.1

By-Law 2056

10.6

Parks and Facilities-2021-09

RE: Colchester Harbour Maintenance Dredging

• That Community Services-2021-09 report entitled Colchester Harbour Maintenance Dredging be received; and

  That Council award to Cobby Marine and Crain the 2021-2022 maintenance dredging contract for the Colchester Harbour in the amount of $125,164.80 (including non-refundable HST).

10.7

Parks and Facilities-2021-11

RE: Harrow Arena Splash Pad Washroom and Change Room Construction Update (CS-21-0043)

• That Parks and Facilities-2021-11 report entitled Harrow Arena Splash Pad Washroom and Change Room Construction Update (CS-21-0043) be received; and

  That the tender issued in 2021 for the Harrow Arena Splash Pad Washroom and Change Room be postponed and that the capital project in the amount of $129,902.40 be carried forward to the 2022 Budget with a request for additional funding;

  or

  That the tender issued in 2021 for the Harrow Arena Splash Pad Washroom and Change Room tender be cancelled.

10.8

Drainage-2021-10

RE: Appointment of an Engineer under Section 78 of the Drainage Act to install a new culvert in the 5th Concession Road Drain

• That Drainage-2021-10 report entitled Appointment of an Engineer under Section 78 of the Drainage Act to install a new culvert in the 5th Concession Road Drain prepared by Lindsay Dean, Drainage Superintendent dated August 23, 2021 be received; and

  That Council appoint Rood Engineering Incorporated under Section 78 of the Drainage Act to install a new culvert in the 5^th Concession Road Drain.

10.9

Operations-2021-02

RE: Turtle Crossing Signs on Iler

• That Operations-2021-02 report entitled Turtle Crossing Signs on Iler prepared by Kevin Girard, Director, Infrastructure Services dated August 23, 2021 be received;

  That Council direct Administration to install the signs as recommended within this Report; and

  That Council accept the donation in the amount of $50.00 from the Harrow Youth Action Committee to be used toward the purchase of the turtle crossing signs.

10.10

Economic Development-2021-11

RE: Building Report and Development Overview July 2021

• That Economic Development -2021-11 report entitled Building Report and Development Overview July 2021 prepared by Nelson Silveira, Economic Development Officer dated August 23, 2021 be received for information.

10.11

Planning-2021-17

RE: Site Plan Control Amendment Approval for 9 Maidstone Avenue (Essex Centre, Ward 1)

• That Planning-2021-17 report entitled Site Plan Control Amendment Approval for 9 Maidstone Ave (Essex, Ward 1) prepared by Corinne Chiasson, Assistant Planner, dated August 23, 2021, be received;

  That By-Law 2053 being a by-law to amend By-Law 260, the existing Site Plan Control Agreement between The Corporation of the Town of Essex and K.S. Crowder Enterprises Inc. (Norene Investments), for the reduction of six (6) required off-street parking spaces be read a first, a second and a third time and finally passed on August 23, 2021; and

  That the Site Plan Control Agreement Amendment be registered against the land to which it applies in the Municipality.

10.11.1

By-Law 2053

10.12

 Planning-2021-18

RE: Recommendations for the Regulation of Short Term Rentals (STRs)

• That Planning-2021-18 report entitled Recommendations for the Regulation of Short Term Rentals prepared by Rita Jabbour, RPP, Manager, Planning Services dated August 23, 2021 be received; and

  That Council direct Administration to implement the action items contained within this Report.

11.

Reports from Youth Members

12.

County Council Update

13.

Correspondence

• 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.

13.1

Correspondence to be received

13.1.1

Ontario Ministry of Transportation

RE: Highway 3 Widening - Notice of Addendum

13.1.2

The Corporation of The Town of Amherstburg

RE: Request to Include the PSA Test for Men into the National Medical Health Care System at No Charge

13.1.3

Windsor-Essex County Environment Committee

RE: Windsor-Essex County Environment Committee Meeting Minutes for June 24, 2021

13.1.4

Ombudsman Ontario

RE: Annual Report 2020/2021

13.1.5

Union Water Supply System (UWSS)

RE: Joint Board of Management July 21, 2021 Minutes

13.2

Correspondence to be considered for receipt and support

13.2.1

Town of Essex Heritage Committee Member

RE: Appointing Perry Basden to the Town of Essex Heritage Committee

• That the application by Perry Basden to be appointed to the Town of Essex Heritage Committee be received/received and supported.

14.

Committee Meeting Minutes

• 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.

14.1

Essex Municipal Heritage Committee Meeting Minutes - February 25, 2021

14.2

Finance Committee Meeting Minutes - May 26, 2021

14.3

Co-An Park Committee Meeting Minutes - June 9, 2021

14.4

Committee of Adjustment Meeting Minutes - June 15, 2021

14.5

Committee of Adjustment Meeting Minutes - July 20, 2021

14.6

Court of Revision Meeting Minutes - July 6, 2021

14.7

Essex Police Service Board Meeting Minutes - June 3, 2021

14.8

Essex Police Service Board Meeting Minutes - August 12, 2021

EPSB21-08-42

Moved by Member Tapping

Seconded by Member Robertson

That the Committee recommend an enhancement to the O.P.P. Contract to add a Traffic Enforcement Officer and that the position be included in the 2022 budget.

15.

Financial

15.1

June 2021 Bank Payments Report

• That the Bank Payments Report, including the June 2021 cheque register, cheque number 53039 to cheque number 53209 and electronic funds transfer (EFT) payment number EFT004728 to EFT004922 inclusive in the amount of $5,838,369.82; the Preauthorized Payments for the month of June in the amount of $292,505.57; and Payroll for the month of June in the amount of $558,780.67, be ratified as submitted.

15.2

June 2021 Operating and Capital Variance Reports

• That the June 2021 Operating and Capital Variance Reports be received.

16.

New Business

17.

Notices of Motion

17.1

The following Notices of Motion ae being presented this evening and will be brought forward for Council's consideration at the September 7, 2021 Regular Council Meeting:

17.1.1

Councillor Verbeek

• Moved by Councillor Verbeek

  That Council have a discussion regarding the installation of sidewalks in Gesto as it is a safety concern for school aged children.

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 2048

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

• That By-Law 2048 being a by-law to confirm the proceedings of the August 3, 2021 Regular Meeting of Council of the Corporation of the Town of Essex be read a third time and finally passed on August 23, 2021.

19.1.2

By-Law 2035

Being a by-law to amend By-Law 1037 The Comprehensive Zoning By-Law for the Town of Essex To Permit and Regulate Second Dwelling Units

• That By-Law 2035 Being a by-law to amend By-Law 1037 The Comprehensive Zoning By-Law for the Town of Essex to Permit and Regulate Second Dwelling Units be read a third time and finally passed on August 23, 2021.

19.1.3

By-Law 2050

Being a By-Law to Recover the Capital Costs related to the watermain installation crossing Highway 3 at the 14th Concession for those receiving a present or future benefit from the services and activities of the Town of Essex to extend services.

• That By-Law 2050 being a By-Law to Recover the Capital Costs related to the watermain installation crossing Highway 3 at the 14th Concession for those receiving a present or future benefit from the services and activities of the Town of Essex to extend services be read a third time and finally passed on August 23, 2021.

19.2

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

19.2.1

By-Law 2033

Being a by-law to amend By-Law Number 1799, the Grade and Fill By-Law of the Corporation of the Town of Essex

• That By-Law 2033 being a by-law to amend By-Law Number 1799, the Grade and Fill By-Law of Corporation of the Town of Essex be read a first, second, and a third time and finally passed on August 23, 2021.

19.2.2

By-Law 2054

Being a by-law to appoint Chief Administrative Officer for the Town of Essex

• That By-Law 2054 being a by-law to appoint a Chief Administrative Officer for the Town of Essex be read a first, a second and a third time and finally passed on August 23, 2021.

19.3

By-Laws that require a first and second reading

19.3.1

By-Law 2055

Being a by-law to confirm the proceedings of the August 23, 2021 Regular Meeting of Council of the Corporation of the Town of Essex

• That By-Law 2055 being a by-law to confirm the proceedings of the August 3, 2021 Regular Meeting of Council of the Corporation of the Town of Essex be read a first and second time and provisionally adopted on August 23, 2021.

20.

Adjournment

• That the meeting be adjourned at [TIME].

21.

Future Meetings

21.1

Tuesday, September 7, 2021 - 5:00 - 6:00 PM Special Council Meeting

RE: 2022 Pre Budget Discussions

Location: Electronic Meeting via Zoom

Livestream Available at www.youtube.com/Essex/Ontario

21.2

Tuesday, September 7, 2021 - 6:00 - 9:00 PM Regular Council Meeting

Location: Electronic Meeting via Zoom

Livestream Available at www.youtube.com/Essex/Ontario

21.3

Monday, September 20, 2021 - 6:00 - 9:00 PM Regular Council Meeting

Location: Electronic Meeting via Zoom

Livestream Available at www.youtube.com/Essex/Ontario