Essex County Council, Regular Meeting Minutes

Wednesday, June 05, 2024

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
• Sherry Bondy, Mayor - Town of Essex
• Kimberly DeYong, Deputy Mayor - Town of Kingsville
• Chris Gibb, Deputy Mayor - Town of Amherstburg
• Hilda MacDonald, Warden / Mayor - Municipality of Leamington
• Gary McNamara, Mayor - Town of Tecumseh
• Crystal Meloche, Mayor - Town of LaSalle
• Michael Prue, Mayor - Town of Amherstburg
• 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
• John Kerr, Councillor, Municipality of Lakeshore - (Alternate Member)

Absent:

• Tracey Bailey, Mayor - Municipality of Lakeshore

Administration:

• Allan Botham, Director, Infrastructure & Planning Services
• Jayne Brooks Keller, Administrator - Sun Parlor Home
• Katherine Hebert, Manager, Records and Accessibility/Deputy Clerk
• Melissa Ryan, Director, Financial Services/Treasurer
• David Sundin, County Solicitor
• Crystal Sylvestre, Coordinator, Legislative and Community Services
• Sandra Zwiers, Chief Administrative Officer
• Michelle Bishop, General Manager, EWSWA
• Dee Blais, Administrative Assistant to the CAO
• Heidi McLeod, CMA, CA, Manager of Accounting/Deputy Treasurer
• Slawomir Pulcer, Deputy Chief, Professional Standards - EWEMS
• Ellen Van Wageningen, Communications Officer

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1.

Closed Meeting

A Closed Meeting was held at 5:30PM on June 5, 2024.

153

• 151-2024
  Moved By Rob Shepley
  Seconded By Dennis Rogers

  That Essex County Council move into a Closed Meeting, pursuant to Section 239 (2) (f) and (k) of the Municipal Act, 2001, as amended for the following reasons:

  • (f)    advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
  • (k)    a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board

  (Voted by show of hands)

  Carried
• 153-2024
  Moved By Kimberly DeYong
  Seconded By Dennis Rogers

  That Essex County Council adjourn, and rise from the June 5, 2024 Closed Meeting at 5:53] PM. 

  (Voted by show of hands)

  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

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

Tracey Bailey was absent. John Kerr attended as an alternate member for the Municipality of Lakeshore. 

6.

County Warden’s Welcome and Remarks

Warden MacDonald highlighted some of the County events held the week prior during National AccessAbility Week.

On behalf of all of Council, Warden MacDonald congratulated Katherine Hebert on being named County Clerk. Katherine’s municipal experience and strong advocacy efforts for accessibility and inclusion would be a valuable asset to the Corporation.

The Warden welcomed and encouraged all residents to register to participate in the Public Consultation Centre about planned enhancements to County Road 22 between I.C. Roy Drive and West Belle River Road on June 18, 2024 at the Atlas Tube Recreation Centre and the proposed Official Plan Open House scheduled for June 26, 2024 at the McGregor Community Centre.

John Kerr, Councillor, Municipality of Lakeshore - (Alternate Member) joined the meeting at 6:00 PM.

7.

Disclosure of Pecuniary Interest

There were no disclosures of pecuniary interest raised.

8.

Adoption of Regular Meeting Minutes

Minutes of the May 15, 2024 Essex County Council - Regular Meeting

• 154-2024
  Moved By Rob Shepley
  Seconded By Sherry Bondy

  That the minutes of the May 15, 2024 Regular Meeting of Essex County Council be adopted as presented. (Voted by show of hands)

  Carried

9.

Amending the Order of Business

• 155-2024
  Moved By Gary McNamara
  Seconded By Joe Bachetti

  That Essex County Council amend the order of business as follows:

  • New Business Item listed as 15.1 - Source Separated Organics Program - Town of Kingsville, and correspondence item dated May 21, 2024 from the Town of Essex, listed as item 11.1.6 related to Organic Waste Collection on County Tax Levy, be considered following Delegation Report listed as Item 10.1.2. Source Separated Organics Collection in the County of Essex and prior to 13.1 Regional Food and Organic Waste Program Funding Model Discussion report.

  (Voted electronically)

  In Favour (14)

  Larry Verbeke, Michael Prue, Chris Gibb, Sherry Bondy, Rob Shepley, Dennis Rogers, Kimberly DeYong, Kirk Walstedt, Michael Akpata, Crystal Meloche, Hilda MacDonald, Gary McNamara, Joe Bachetti, and John Kerr

  Carried

10.

Delegations and Presentations

• 156-2024
  Moved By Larry Verbeke
  Seconded By Chris Gibb

  That the delegation from the Essex-Windsor Solid Waste Authority be permitted to address County Council on the matters as described. (Voted by show of hands)

  Carried

10.1

Essex-Windsor Solid Waste Authority (EWSWA)

Michelle Bishop, General Manager, Essex-Windsor Solid Waste Authority to make a presentation before County Council regarding items listed on the June 5, 2024 agenda related to EWSWA operations. 

10.1.1

Regional Landfill Farm Land Lease Agreement and By-law

Report - Regional Landfill Farm Land Lease Agreement and By-law, from Michelle Bishop, General Manager, Essex-Windsor Solid Waste Authority 

Michelle Bishop provided an overview of the land to be leased and the contract details under the Regional Landfill Farm Land Lease agreement with Chris Malott Enterprises Inc.

• 157-2024
  Moved By Gary McNamara
  Seconded By Michael Prue

  That Essex County Council receive and approve the report, Regional Landfill Farm Land Lease Agreement and By-law; and, 

  That the Warden and Clerk be authorized to execute a Lease Agreement between the Corporation of the County of Essex, the Essex-Windsor Solid Waste Authority and Christopher Malott Farming Enterprises Inc., commencing on the 1st day of November, 2024 and expiring on the 31st, day of October, 2029, with three optional one-year extensions if mutually agreed upon by all Parties to the Lease Agreement, on the terms and conditions as set out in the Lease Agreement and forming part of by-law 2024-29 on the June 5, 2024 County Council agenda.

  (Voted electronically) 

  In Favour (14)

  Larry Verbeke, Michael Prue, Chris Gibb, Sherry Bondy, Rob Shepley, Dennis Rogers, Kimberly DeYong, Kirk Walstedt, Michael Akpata, Crystal Meloche, Hilda MacDonald, Gary McNamara, Joe Bachetti, and John Kerr

  Carried

10.1.2

Source Separated Organics Collection in the County of Essex

Report - Source Separated Organics Collection in the County of Essex, from Michelle Bishop, General Manager, Essex-Windsor Solid Waste Authority

Michelle Bishop provided Council with the history of the program and outlined impacts to the program by offering the service to households in the rural settlement areas at the program’s inception.

• 158-2024
  Moved By Dennis Rogers
  Seconded By Crystal Meloche

  That Essex County Council receive the report Source Separated Organics Collection in the County of Essex. (Voted electronically) 

  In Favour (13)	Larry Verbeke, Michael Prue, Chris Gibb, Sherry Bondy, Rob Shepley, Dennis Rogers, Kimberly DeYong, Kirk Walstedt, Michael Akpata, Crystal Meloche, Hilda MacDonald, Joe Bachetti, and John Kerr
  Opposed (1)	Gary McNamara

  Carried
• 160-2024
  Moved By Gary McNamara
  Seconded By Joe Bachetti

  That Essex County Council provide a resolution to the Essex-Windsor Solid Waste Authority to approve the collection and processing of organic waste for households in rural settlement areas in all County Municipalities.

  In Favour (8)	Larry Verbeke, Michael Prue, Chris Gibb, Michael Akpata, Crystal Meloche, Hilda MacDonald, Gary McNamara, and Joe Bachetti
  Opposed (6)	Sherry Bondy, Rob Shepley, Dennis Rogers, Kimberly DeYong, Kirk Walstedt, and John Kerr

  Carried

11.

Communications

11.1

Correspondence

• 161-2024
  Moved By Larry Verbeke
  Seconded By Chris Gibb

  That the correspondence listed on the Regular Agenda for June 5, 2024, be received and any noted action approved. (Voted by show of hands)

  Carried

11.1.1

Association of Municipalities of Ontario (AMO)

• AMO Watchfile Newsletter
• AMO Policy Updates
• AMO Calendar - Education Events 

11.1.2

Tourism Windsor-Essex Pelee Island (TWEPI)

2024-05-09 TWEPI Bulletin: W.E. Keep You Informed: We Want To Hear From You and Join Us at Our AGM

11.1.3

Town of Bradford West Gwillimbury

May 15, 2024 Resolution RE Subsidized Well-Water Testing for Private Water Systems

(Additional Correspondence from Municipalities of Gore Bay and Archipelago)

11.1.4

Prince Edward County

Resolution RE National Housing Affordability Crisis

11.1.5

Municipal Engineers Association

May 15, 2024 - Request for Nominations: 2024 MEA Awards Program

11.1.6

Town of Essex

Letter dated May 21, 2024 from the Town of Essex RE Organic Waste Collection on County Tax Levy

11.1.7

Western Ontario Wardens Caucus (WOWC)

• May WOWC Newsletter (Attached)
• Town of Plympton Wyoming support of WOWC - ERO Postings 019-8369, 019-8462, and 019-8371 related to planning matters (attached)
• Ontario West Municipal Conference 2024 - October 25, 2024 

11.1.8

City of Quinte West

Resolution dated March 7, 2024 RE Call for increased investment from Federal and Provincial governments in Housing-Enabling Water Systems Funding

(Additional resolution received from the Town of Essex attached)

11.1.9

Town of Essex

May 22, 2024 Resolution RE Call to Province for Highway 413 Funding Reallocation to small urban and rural municipalities infrastructure and housing projects

11.2

Resolutions

There were no resolutions for consideration for June 5, 2024.

12.

Consent Agenda

• 162-2024
  Moved By Gary McNamara
  Seconded By Crystal Meloche

  That the items listed as 12.1 through 12.4 on the Consent Agenda for June 5, 2024, be received and approved as required. (Voted by show of hands)

  Carried

12.1

Sun Parlor Home - Satisfaction Survey Results

Report number 2024-0605-SPH-R02-JBK, Sun Parlor Home - Satisfaction Survey Results, dated June 5, 2024, from Jayne Brooks Keller, Administrator, Sun Parlor Home

12.2

Summary of Outstanding Reports for June 5, 2024

Report number 2024-0605-LCS-R20-KH, Summary of Outstanding Reports for June 5, 2024, prepared by Katherine Hebert, Manager, Records and Accessibility/Deputy Clerk

12.3

Windsor Essex Regional Community Safety and Well-Being Plan - Systems Leadership Table

Minutes of the December 12, 2023 Windsor Essex Regional Community Safety and Well-Being Plan - Systems Leadership Table meeting

12.4

Essex-Windsor Solid Waste Authority (EWSWA)

Minutes of the Essex-Windsor Solid Waste Authority board meeting, dated April 10, 2024

13.

Reports and Questions

13.1

Regional Food and Organic Waste Program Funding Model Discussion

Report number 2024-0605-FIN-R12-MR, Regional Food and Organic Waste Program Funding Model Discussion, dated June 5, 2024, from Melissa Ryan, Director, Financial Services/Treasurer

Melissa Ryan outlined three options to fund the Regional Food and Organic Waste Program.

Discussion included the potential positive or negative impacts to the ratepayers under each scenario.

• 159-2024
  Moved By Dennis Rogers
  Seconded By Michael Prue

  That Essex County Council receive the Regional Food and Organics Waste Program Funding Model Discussion report for information;

  That Essex County Council approve the proposed hybrid model that combines the county levy-based funding model with a user fee methodology for the expenses associated with the Regional Food and Organics Waste (Green Bin) Program; and

  That Essex County Council direct Administration to prepare a report that identifies their preferred funding model with the rationale and forward it to the EWSWA Board for their consideration.

  (Voted electronically)

  In Favour (13)	Larry Verbeke, Michael Prue, Chris Gibb, Sherry Bondy, Rob Shepley, Dennis Rogers, Kimberly DeYong, Kirk Walstedt, Michael Akpata, Crystal Meloche, Hilda MacDonald, Gary McNamara, and Joe Bachetti
  Opposed (1)	John Kerr

  Carried

13.2

Ontario Good Roads Association - County Delegation to the Ministry of Transportation

Report number 2024-0605-IPS-R09-AB, Ontario Good Roads Association (OGRA) - County Delegation to the Ministry of Transportation, dated June 5, 2024, from Allan Botham, Director, Infrastructure and Planning Services

Allan Botham explained that the County Solicitor and the Project Manager of the County’s Infrastructure & Planning Services department had attended the 2024 OGRA conference and had the opportunity to provide a delegation to the Honourable Minister Prabmeet Singh Sarkaria of the Ministry of Transportation regarding impacts to County infrastructure as a result of recent development project in the region.

Four (4) essential grade separations had been identified in past Environmental Assessments and were brought forward at the delegation.

Administration would report back to Council once the outcome of the advocacy efforts were known.

Rob Shepley, Deputy Mayor - Town of Essex left the meeting at 7:49 PM.

• 163-2024
  Moved By Gary McNamara
  Seconded By Joe Bachetti

  That Essex County Council receive the 2024 OGRA Conference – Delegation Update report for information. (Voted electronically)

  In Favour (13)

  Larry Verbeke, Michael Prue, Chris Gibb, Sherry Bondy, Dennis Rogers, Kimberly DeYong, Kirk Walstedt, Michael Akpata, Crystal Meloche, Hilda MacDonald, Gary McNamara, Joe Bachetti, and John Kerr

  Carried

13.3

Consultation Results on Council Compensation Review

Report number 2024-0403-CAO-R07-SZ, Consultation Results on Council Compensation Review, dated April 3, 2024, from Sandra Zwiers, Chief Administrative Officer. Marianne Love, Principal, ML Consulting will be present for questions and to go over the results of the findings obtained during consultations. 

Sandra Zwiers outlined the process taken to prepare the report and recommendations; noting the similar municipalities that were consulted with as comparators.

Discussion took place regarding the compensation for alternate members of Council, timing of the review and retroactive pay.

Rob Shepley, Deputy Mayor - Town of Essex joined the meeting at 8:25 PM.

• 164-2024
  Moved By Michael Prue
  Seconded By Chris Gibb

  That County Council divide the main motion into 5 separate motions. (Voted by show of hands)

  Lost
• 165-2024
  Moved By Sherry Bondy
  Seconded By Joe Bachetti

  That County Council receive report – Council Remuneration for information;

  That County Council approve the 60^th Percentile Compensation Grid for County Council, retroactive to January 1, 2024;

  That County Council approve the funding of the 2024 budget shortfall of $292,056 from the Rate Stabilization Reserve; 

  That County Council adopt By-law 2024-26 (Procedure By-law) and 2024-27 (Council Remuneration By-law); and

  That a report from administration be brought back considering that the alternate members of council be compensated at a proportionate share of the regular council pay. (Voted electronically)

  In Favour (10)	Larry Verbeke, Sherry Bondy, Rob Shepley, Dennis Rogers, Kimberly DeYong, Crystal Meloche, Hilda MacDonald, Gary McNamara, Joe Bachetti, and John Kerr
  Opposed (4)	Michael Prue, Chris Gibb, Kirk Walstedt, and Michael Akpata

  Carried

13.4

Asset Management Plan Update 2024

Report number 2024-0605-FIN-R11-MR, Asset Management Plan Update 2024, dated June 5, 2024, from Melissa Ryan, Director, Financial Services/Treasurer

Melissa Ryan introduced the report noting that the update was required under legislation and the plan provides an inventory of assets, their condition rating and details regarding the financial plan needed to serve the County's long-term planning and budget decisions

Heidi McLeod, Manager, Accounting – Administration / Deputy Treasurer provided Council with detailed information by County department pertaining to the financial implications of the plan.

• 166-2024
  Moved By Larry Verbeke
  Seconded By Gary McNamara

  That Essex County Council approve the County of Essex 2024 Asset Management Plan.

  That Essex County Council support Administration’s incorporation of the findings of the 2024 Asset Management Plan into the 2025 Budget preparation process to begin to address the shortfall in replacement costs.

  (Voted electronically)

  In Favour (14)

  Larry Verbeke, Michael Prue, Chris Gibb, Sherry Bondy, Rob Shepley, Dennis Rogers, Kimberly DeYong, Kirk Walstedt, Michael Akpata, Crystal Meloche, Hilda MacDonald, Gary McNamara, Joe Bachetti, and John Kerr

  Carried

14.

Unfinished Business

15.

New Business

15.1

Source Separated Organics Program - Town of Kingsville

Kimberly DeYong withdrew the Notice of Motion stating that the intention of the motion was to request a report that was furnished under item 13.1 of the June 5, 2024 agenda.

15.2

Traffic Study for Essex County Road 20 from Texas Road to Essex County Rd 3

• 167-2024
  Moved By Chris Gibb
  Seconded By Michael Prue

  That Essex County Council direct staff to conduct a traffic study which will investigate the effectiveness of speed reductions and other traffic calming measures to ensure that both vehicular and pedestrian traffic on County Rd 20 from Texas Road to Essex County Road 3 is being managed as safely and efficiently as possible.

  (Voted by show of hands)

  Carried

15.3

Public Reporting of Closed Meeting

A Closed Meeting was held prior to the Regular meeting of Council on June 5, 2024, pursuant to Section 239 (2) (f) and (k) of the Municipal Act, 2001, as amended.
During the closed meeting, County Council was presented with information regarding subjects relating to solicitor-client privilege, including communications necessary for that purpose, as well as confidential information regarding ongoing negotiations.

15.4

Invitation to Local Veteran

Michael Akpata requested that Essex County Council invite WWII Veteran Charles Davis to a County Council meeting in September 2024 to commemorate his birthday and contribution to the Canadian Armed Forces. 

• 169-2024
  Moved By Michael Akpata
  Seconded By Gary McNamara

  That County Council invite Veteran Charles Davis to Essex County Council in September 2024.

  Carried

16.

Adoption of By-Laws

• 168-2024
  Moved By Kimberly DeYong
  Seconded By Chris Gibb

  That By-laws 2024-21, and 2024-26 though 2024-30, having been read a first, second and third time, be finally passed and enacted. (Voted electronically)

  In Favour (14)

  Larry Verbeke, Michael Prue, Chris Gibb, Sherry Bondy, Rob Shepley, Dennis Rogers, Kimberly DeYong, Kirk Walstedt, Michael Akpata, Crystal Meloche, Hilda MacDonald, Gary McNamara, Joe Bachetti, and John Kerr

  Carried

16.1

By-law Number 2024-21

Being a By-law to appoint a Clerk for the Corporation of the County of Essex, being Katherine J. Hebert

16.2

By-law Number 2024-26

Being a By-law to Provide Rules Governing the Order and Proceedings of the Council of the Corporation of the County of Essex, Committees and Local Boards 

16.3

By-law Number 2024-27

Being a By-law to Establish the Method for Calculating Remuneration for Members of County Council, Committees and Local Boards

16.4

By-law Number 2024-28

Being a By-law to confirm the authorization of execution of an Agreement between the Corporation of the County of Essex and 1000732973 Ontario Inc., operating as Heritage Community Residence  

16.5

By-law Number 2024-29

Being a By-law to Authorize the Execution of a Lease Agreement between The Corporation of the County of Essex, The Essex-Windsor Solid Waste Authority and Christopher Malott Farming Enterprises Inc.

16.6

By-law Number 2024-30

Being a By-law to confirm the proceedings of the Council of the Corporation of the County of Essex for June 5, 2024

17.

Notice of Motion

There were no Notices of Motion for June 5, 2024.

18.

Adjournment

• 170-2024
  Moved By Larry Verbeke
  Seconded By Michael Akpata

  That the Essex County Council meeting for June 5, 2024 be adjourned at 8:56 PM. (Voted by show of hands)

  Carried