Essex County Council Regular Meeting Minutes

Wednesday, December 06, 2023

Meeting Time:

Council Chambers, 2nd Floor

360 Fairview Avenue West

Essex, Ontario N8M 1Y6

https://video.isilive.ca/countyofessex/live.html

Council:

• Michael Akpata, Deputy Mayor - Town of LaSalle
• Joe Bachetti, Deputy Warden / Deputy Mayor - Town of Tecumseh
• Tracey Bailey, Mayor - Municipality of Lakeshore
• Sherry Bondy, Mayor - Town of Essex
• Kimberly DeYong, Deputy Mayor - Town of Kingsville
• Chris Gibb, Deputy Mayor - Town of Amherstburg
• Gary McNamara, Mayor - Town of Tecumseh
• Crystal Meloche, Mayor - Town of LaSalle
• Dennis Rogers, Mayor - Town of Kingsville
• Rob Shepley, Deputy Mayor - Town of Essex
• Larry Verbeke, Deputy Mayor - Municipality of Leamington
• Kirk Walstedt, Deputy Mayor - Municipality of Lakeshore
• Diane Pouget, Councillor, Town of Amherstburg (Alternate Member)
• Paul Tiessen, Councillor, Municipality of Leamington - (Alternate Member)

Absent:

• Hilda MacDonald, Warden / Mayor - Municipality of Leamington
• Michael Prue, Mayor - Town of Amherstburg

Administration:

• Mary Birch, Director, Legislative and Community Services/Clerk
• Allan Botham, Director, Infrastructure & Planning Services
• Jayne Brooks Keller, Administrator - Sun Parlor Home
• Adam Craig, CEO and Chief Librarian - Essex County Library
• Jeanie Diamond Francis, Manager, Community Services
• Katherine Hebert, Manager, Records and Accessibility/Deputy Clerk
• Justin Lammers, Chief, Essex-Windsor EMS
• Don McArthur, Manager, Communication and Organizational Development
• David Sundin, County Solicitor
• Crystal Sylvestre, Coordinator, Legislative and Community Services
• Sandra Zwiers, Chief Administrative Officer
• Rebecca Belanger, Manager of Planning Services
• Karyn Templin, Manager, Design & Construction

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1.

Closed Meeting

A Closed Meeting was held at 5:30 PM on December 6, 2023.

• 340-2023
  Moved By Rob Shepley
  Seconded By Kimberly DeYong

  That Council move into a closed meeting pursuant to Section 239 (2) (c), (d) and (f) of the Municipal Act, 2001, as amended for the following reason(s):

  • a proposed or pending acquisition of land by the County;
  • labour relations or employee negotiations;
  • advice that is subject to solicitor-client privilege, including communications necessary for that purpose.
  Carried
• 342-2023
  Moved By Sherry Bondy
  Seconded By Dennis Rogers

  That Essex County Council adjourn, and rise from the Closed Meeting at 5:39 PM.  

  Carried

2.

Moment of Reflection

3.

Singing of ‘O Canada’

4.

Land Acknowledgement Statement

We acknowledge the land on which the County of Essex is located is the traditional territory of the Three Fires Confederacy of First Nations, comprised of the Ojibway, Odawa and Potawatomie Peoples. 

We specifically recognize Caldwell First Nation and other First Nations which have provided significant historical and contemporary contributions to this region. 

We also value the contributions of all Original Peoples of Turtle Island, who have been living and working on this land from time immemorial.

5.

Recording of Attendance

Deputy Warden Bachetti and all members of Council attended the meeting at the Essex County Civic Centre, Council Chambers.

Warden Hilda MacDonald was absent. Deputy Warden Joe Bachetti was the Presiding Officer and Paul Tiessen attended as an alternate member for the Municipality of Leamington.

Michael Prue was absent. Diane Pouget attended as an alternate member for the Town of Amherstburg.

6.

County Deputy Warden’s Welcome and Remarks

Deputy Warden Joe Bachetti welcomed everyone to the County Council meeting of December 6, 2023.

The Deputy Warden reminded all residents that public information sessions had been held to offer residents the opportunity to review the refreshed natural hazard mapping of the shorelines of Lake Erie, Lake St. Clair and the Detroit River in Essex County and Windsor.

Deputy Warden Bachetti also applauded County staff for their efforts towards fund raising for local charities and encouraged every person to contribute wherever possible.

7.

Disclosure of Pecuniary Interest

There were no disclosures of pecuniary interest raised.

8.

Adoption of Regular Meeting Minutes

Special Meeting minutes of November 1, 2023 and Regular Meeting Minutes of November 15, 2023.

• 343-2023
  Moved By Rob Shepley
  Seconded By Larry Verbeke

  That the minutes of the November 1, 2023 Special Meeting of Essex County Council - Strategic Plan Consultation Summary Report and Updated Strategic Plan Framework, and Regular Meeting of Essex County Council dated November 15, 2023, 2023 be adopted as presented. (Voted by show of hands)

  Carried

9.

Delegations and Presentations

9.1

StrategyCorp Inc

Jaiman Chin, Vice President and Nabiha Chowdhury, Senior Consultant of StrategyCorp Inc. provided an update regarding the Pathway to Potential (P2P) Strategic Renewal project.

Jaiman Chin and Nabiha Chowdhury joined the meeting virtually from a remote location.

Stephen Lynn, Manager, Social Policy and Planning and Charmaine Valbuena, Coordinator of Social Planning of the City of Windsor attended the delegation in person.

Jaiman provided an overview of the goal established when P2P was last reviewed in 2017.  Jaiman outlined the various stakeholder engagements that had taken place for this review and the key findings gathered to develop at refreshed strategy for early 2024. The refreshed strategy would include clear action items and key performance indicators to allow the organization to evaluate successes and opportunities.

Stephen explained that online surveys and in-person public engagement sessions were held in both the City and the County to provide equal opportunities to both groups to offer input to the research.

• 344-2023
  Moved By Kirk Walstedt
  Seconded By Paul Tiessen

  That the delegation from StrategyCorp Inc. be permitted to address County Council. (Voted by show of hands)

  Carried

9.2

Essex Region Conservation Authority

James Bryant, Director of Watershed Management Services and Tim Byrne, CAO, ERCA provided County Council with information pertaining to the Lake St. Clair and Lake Erie Coastal Resilience Plans and Natural Resources Canada funding opportunity.

(Also refer to Addendum Agenda,  Reports and Questions, Item 12.5.) 

James provided a summary of the funding program available through the Ministry of Energy and Natural Resources of Canada.

James explained that if ERCA was successful in their application for funding they would focus their efforts towards two coastal resiliency projects; one on and around Lake Erie and the other, Lake St. Clair.

James outlined the objectives to increase coastal resiliency of local fresh water areas. The projects would include partnering with neighbouring Conservation Authorities and related organizations to leverage their collective information to develop a wholistic approach to mitigate flood risks.

Discussion included the increasing need for flood mitigation across the entire County of Essex.

 

• 345-2023
  Moved By Larry Verbeke
  Seconded By Gary McNamara

  That the delegation on the Lake St. Clair and Lake Erie Coastal Resilience Plans and Natural Resources Canada funding opportunity be permitted to address County Council. (Voted by show of hands).

  Carried
• 346-2023
  Moved By Tracey Bailey
  Seconded By Larry Verbeke

  That Essex County Council permit agenda item number 12.5 Report number 2023-1206-FIN-R023-MR, ERCA Request for Funding of Coastal Resilience Plans, dated December 6, 2023, from Melissa Ryan, Director of Financial Services/Treasurer be moved forward in the agenda.

  Carried

10.

Communications

10.1

Correspondence

• 348-2023
  Moved By Kimberly DeYong
  Seconded By Chris Gibb

  That the correspondence listed on the Regular Agenda for December 6, 2023, be received and any noted action approved. 

  Carried

10.1.1

Association of Municipalities Ontario (AMO)

• November 14, 2023: Training - Competing Rights: What You Need to Know!
• November 16, 2023: AMO Watchfile
• November 17, 2023: Policy Update - Planning Statute Law Amendments and Ontario Child Care Workforce Strategy
• November 20, 2023: Seeking your Input on Diverse Experiences in Running for Municipal Office
• November 22, 2023: Policy Update - 2023 Federal Fall Economic Statement
• November 22, 2023: Training -Indigenous Community Awareness 
• November 23, 2023: AMO Watchfile
• November 28, 2023: Policy Update - Community Housing, Housing Forum, Ontario - Toronto New Deal, Locate Fees, On-Site and Excess Soil
• November 30, 2023: AMO Watchfile
• November 30, 2023:  AMO Education:  New Training Opportunities in 2024

10.1.2

Invest WindsorEssex

Highlights of the 2023 Third-Quarter Activities

• Full Report
• Performance Metrics

10.1.3

Town of Essex

Letter requesting a safety audit be performed at the intersection of County Road 12 and County Road 15.

10.1.4

Western Ontario Wardens’ Caucus (WOWC)

November 2023 Newsletter

10.1.5

Ministry of Health

November 10, 2023 - News Release - Ontario Making it Easier for Youth in Windsor-Essex to Connect to Mental Health Services.

10.1.6

Office of the Premier of Ontario

November 10, 2023 - Thanking Council for their resolution regarding Strong Mayor Powers.

10.1.7

City of Windsor

2022 Annual Report of the 10 Year Housing & Homelessness Plan - Master Plan - City Wide.  (Item No. 8.19 - City of Windsor Agenda for November 27, 2023).  Note:  Recommendation in report approved by City Council November 27, 2023.

10.1.8

City of Windsor

Award of RFP#82-23 Regional Affordable Housing Strategy Consultant Proposal . (Item No. 11.4 on City of Windsor Council Agenda for November 27, 2023).  Note:  Report Recommendation was approved by City Council November 27, 2023.

10.2

Resolutions

There were no resolutions for Council consideration for December 6, 2023.

11.

Consent Agenda

• 349-2023
  Moved By Rob Shepley
  Seconded By Sherry Bondy

  That the minutes listed as item 11.1 on the Consent Agenda for December 6, 2023 be received. (Voted by show of hands)

  Carried

11.1

Essex County Library Board

Minutes of the Essex County Library Board dated September 27, 2023 and November 8, 2023.

12.

Reports and Questions

12.1

2023 County of Essex Credit Rating - Standard and Poor's

Report number 2023-1206-FIN-R22-MR, 2023 County of Essex Credit Rating - Standard and Poor's, dated December 6, 2023, from Melissa Ryan, Director, Financial Services/Treasurer.

Melissa Ryan reported that Standards and Poor’s had reported that the County of Essex had maintained their AAA rating with a stable outlook.  The positive rating indicated the County was in good fiscal health and stability.

Michael Akpata, Deputy Mayor - Town of LaSalle left the meeting at 7:08 PM.

Tracey Bailey, Mayor - Municipality of Lakeshore left the meeting at 7:08 PM.

• 350-2023
  Moved By Chris Gibb
  Seconded By Dennis Rogers

  That Essex County Council receive the 2023 County of Essex Credit Rating – Standard and Poor’s report as information.  (Voted Electronically)

  In Favour (12)

  Larry Verbeke, Chris Gibb, Sherry Bondy, Rob Shepley, Dennis Rogers, Kimberly DeYong, Kirk Walstedt, Crystal Meloche, Gary McNamara, Joe Bachetti, Diane Pouget, and Paul Tiessen

  Carried

12.2

Commencement of Expropriation Process for Certain Lands Along County Road 43

Report number 2023-1216-LCS-R33-DMS, Commencement of Expropriation Process for Certain Lands Along County Road 43, dated December 6, 2023, from David Sundin, County Solicitor.

David Sundin provided Council with the necessary information for Council to exercise their role as the approving authority under the expropriation act.

David explained that new information had become available requiring lands for changes to the improvements plans. David anticipated that the lands would be acquired through expropriation or through an agreement of sale.

• 351-2023
  Moved By Rob Shepley
  Seconded By Crystal Meloche

  That Essex County Council pass By-law Number 2023-57, which authorizes Administration to:

  1. Commence the expropriation process to acquire the lands described as Parts 1 through 9, inclusive, on Reference Plan 12R-28827 and Parts 1 through 11, inclusive, on Reference Plan 12R-29051, including authorizing the Clerk to issue an Application for Approval to Expropriate Land pursuant to the provisions of the Act; and

      

  2. Enter into Agreements of Purchase and Sale for the lands described as Parts 1 through 9, inclusive, on Reference Plan 12R-28827 and Parts 1 through 11, inclusive, on Reference Plan 12R-29051, where the owners of the said lands are willing to sell the lands to the County without the need for the necessary expropriation process, including authorizing the Clerk and the Warden to execute such documents as may be required to complete the said real estate transactions. (Voted electronically)

  In Favour (12)

  Larry Verbeke, Chris Gibb, Sherry Bondy, Rob Shepley, Dennis Rogers, Kimberly DeYong, Kirk Walstedt, Crystal Meloche, Gary McNamara, Joe Bachetti, Diane Pouget, and Paul Tiessen

  Carried

12.3

2024 State of Good Repair Program Report

Report number 2023-1206-IPS-R43-KT, 2024 State of Good Repair Program Report, dated December 6, 2023, from Karyn Templin, Manager, Design and Construction.

Karyn Templin provided the report outlining the objectives of the 2024 Infrastructure Rehabilitation and early release program.  

The 5-year program aimed to meet demands on infrastructure and maintain and replace assets according to the Asset Management Plan; which included integrating active transportation facilities into the program.

Karyn indicated the value of the program had been impacted by unprecedented cost escalations in 2022 and 2023 and it was anticipated that trend would continue into 2024.  Estimates for the program were calculated using prevailing unit prices from 2022 and 2023.

Tracey Bailey, Mayor - Municipality of Lakeshore joined the meeting at 7:21 PM.

Michael Akpata, Deputy Mayor - Town of LaSalle joined the meeting at 7:21 PM.

• 352-2023
  Moved By Sherry Bondy
  Seconded By Chris Gibb

  That Essex County Council receive Report Number 2023-1206-IPS-R43-KT being the State of Good Repair Program Report, having an estimated value of $19,665,550;

  That the projects recommended in Appendix 6.0, as the 2024 Early Release Program, having an estimated value of $10,665,000, be pre-approved for the 2024 Budget, and advanced for early release and tendering;

  And further that the associated Paved Shoulder projects as presented herein, having an estimated value of $1,645,000, and coincident with the Early Release Program, be pre-approved for the 2024 Budget, and advanced for early release and tendering. (Voted electronically)

  In Favour (13)	Tracey Bailey, Larry Verbeke, Chris Gibb, Sherry Bondy, Rob Shepley, Dennis Rogers, Kirk Walstedt, Michael Akpata, Crystal Meloche, Gary McNamara, Joe Bachetti, Diane Pouget, and Paul Tiessen
  Opposed (1)	Kimberly DeYong

  Carried

12.4

Essex County Council Procedure By-law Review

Report number 2023-1206-LCS-R032-MB, Essex County Council Procedure By-law Review, dated December 6, 2023, from Mary Birch, Director, Legislative and Community Services/Clerk.

Mary Birch outlined the changes made to the Procedure By-law including implementing Robert's Rules of Order and changing the timing of agenda publishing.  Other updates included housekeeping updates to provide better clarity and consistency throughout.

The recommendation of administration was moved and supported for discussion purposes.

Moved By Sherry Bondy
Seconded By Larry Verbeke

That Essex County Council receive report number 2023-1206-LCS-R032-MB regarding the Essex County Council Procedure By-law Review and proceed to adopt By-law number 2023-58, being a by-law to provide rules governing the order and proceedings of the Council of the Corporation of the County of Essex, Committee and Local Boards, as amended.

A motion to amend Section 25.2 of the proposed Procedure By-law 2023-58 as moved and seconded for discussion.

Moved By Sherry Bondy
Seconded By Crystal Meloche

That Essex County Council change the formula in section 25.2 for the Deputy Warden's and County Councilors' Base Salary from a factor of 0.5 to 1.0 effective January 1, 2024.

A discussion ensued regarding the option of engaging the services of a consultant to review Essex County Council remuneration, in comparison to other upper tier municipalities.

The CAO was provided direction by County Council to investigate options for engaging the services of a consultant to prepare a report on remuneration for Essex County Council.

• 353-2023
  Moved By Sherry Bondy
  Seconded By Tracey Bailey

  That Essex County Council withdraw the previous two motions and defer any decision pertaining to report 2023-1206-LCS-R032-MB, Essex County Council Procedure By-law Review, pending further information at the December 20^th, 2023 meeting on procuring a consultant to prepare a review of the compensation of Essex County Councillors.

12.5

Essex Region Conservation Authority (ERCA) Request for Funding of Coastal Resilience Plans

Report number 2023-1206-FIN-R023-MR, ERCA Request for Funding of Coastal Resilience Plans, dated December 6, 2023, from Melissa Ryan, Director of Financial Services/Treasurer.

(Refer to Delegation/Presentation Item 9.2)

Melissa Ryan explained that the funding request from ERCA was contingent on their successful application for funding from NRCAN.  Melissa indicated that should ERCA be successful, financial support from the County would be drawn from the Rate Stabilization Reserve and therefore would not impact the County Levy.

• 347-2023
  Moved By Gary McNamara
  Seconded By Larry Verbeke

  That Essex County Council authorize a maximum funding commitment of $200,000 for ERCA, to be drawn from the County’s rate stabilization reserve funds, over the term of the projects, in support of the Coastal Resilience Plans, as described in Report 2023-1206-FIN-R023-MR, contingent on the successful approval of each project through the Climate-Resilient Coastal (CRCC) application process. (Voted electronically)

  In Favour (14)

  Tracey Bailey, Larry Verbeke, Chris Gibb, Sherry Bondy, Rob Shepley, Dennis Rogers, Kimberly DeYong, Kirk Walstedt, Michael Akpata, Crystal Meloche, Gary McNamara, Joe Bachetti, Diane Pouget, and Paul Tiessen

  Carried

13.

Unfinished Business

13.1

Summary of Outstanding Reports for December 6, 2023

Report Number 2023-1206-LCS-R034-MB, Summary of Outstanding Reports for December 6, 2023.

• 354-2023
  Moved By Michael Akpata
  Seconded By Diane Pouget

  That Essex County Council receive report number 2023-1206-LCS-R34-MB, Summary of Outstanding Reports as information. (Voted by Show of Hands).

  Carried

14.

New Business

14.1

Public Reporting of Closed Meeting

A Closed Meeting of Essex County Council was held at 5:30 p.m., prior to the regular meeting of Council this evening, pursuant to Sections 239 (2)(c), (d) and (f) of the Municipal Act, 2001 as amended.

Council was provided an opportunity to ask questions regarding a proposed acquisition of land by the County.

Administration also provided Council with an update on a labour relations and employee negotiation.

14.2

Organic Waste Receptacle Samples

Michael Akpata provided County Council members with samples of biodegradable cellulous lined paper bags to be tested as his own independent non-scientific experiment to see whether these can be used as a receptacle to store organics until they are collected.

14.3

WECHU Budget Impacts

Gary McNamara brought forward concern regarding cuts to the Windsor Essex County Health Unit (WECHU) budget.  He requested Administration to request the CEO of WECHU to appear as a delegation to advise what impact the Provincial funding cuts will have on programs and services they deliver in the region.

15.

Adoption of By-Laws

• 355-2023
  Moved By Kirk Walstedt
  Seconded By Larry Verbeke

  That By-laws 2023-57, 2023-59 and 2023-60, having been read a first, second and third time, be finally passed and enacted.  (Voted electronically)

  In Favour (14)

  Tracey Bailey, Larry Verbeke, Chris Gibb, Sherry Bondy, Rob Shepley, Dennis Rogers, Kimberly DeYong, Kirk Walstedt, Michael Akpata, Crystal Meloche, Gary McNamara, Joe Bachetti, Diane Pouget, and Paul Tiessen

  Carried

15.1

By-law Number 2023-57

A By-law to Authorize the Acquisition of Certain Lands for improvements to County Road 43 from County Road 42 to South of the CP Rail Line.

15.2

By-law Number 2023-59

A by-law to authorize the execution of a Next Generation 9-1-1 Authority Service Agreement.

15.3

By-law Number 2023-60

A By-law to Confirm the Proceedings of the Council of the Corporation of the County of Essex for the December 06, 2023 Closed and Regular Meetings.

16.

Notice of Motion

16.1

Urban Boundary Expansion for Residential Development

Dennis Rogers brought forward the following notice of motion:

Whereas the County of Essex Official Plan has established growth projections for municipalities within Essex County;

And whereas the Growth Analysis Report (October 2022) and the Growth Management Report (November 2023) recommends balanced growth for the County population, resulting in a total of 87.07 hectares of additional vacant lands required;

And whereas the Growth Management Report allocates the full 87.07 hectares of additional vacant land required for residential growth to the Municipality of Leamington;

And whereas Kingsville’s agricultural lands have higher density due to greenhouses than traditional agriculture, which results in underestimating the number of jobs and population growth;

And whereas the Town of Kingsville estimates, based on proposed development and County growth projections, that Kingsville’s settlement area lands will be fully

developed within 15 years, the minimum timeframe that for municipalities must plan for under the Provincial Policy Statement;

And whereas the Town of Kingsville has no lands within its primary and secondary settlement area boundaries that are not currently under consideration within a planning process;

And whereas Kingsville’s primary settlement area boundary was approved by the County in prior decades on the west side of Kingsville, which created settlement lands that do not abut settlement areas, and so now there should be an expansion of settlement boundaries to infill and take advantage of existing infrastructure;

Therefore, Kingsville Council requests that the Mayor and Deputy Mayor bring forward to County Council this resolution, and make notice of motion, to have the County include additional lands in the urban boundaries for residential development, in discussion with Kingsville’s administration.

17.

Adjournment

• 356-2023
  Moved By Gary McNamara
  Seconded By Paul Tiessen

  That the Essex County Council meeting for December 6, 2023 be adjourned at 7:55 PM.

  Carried