Essex County Council Regular Meeting MinutesWednesday, March 04, 2020Meeting Time: 6:30 PM Closed Meeting; 7:00 PM Regular MeetingCouncil Chambers, 2nd Floor360 Fairview Avenue WestEssex, Ontario N8M 1Y6519-776-6441, ext. 1335Council:Gary McNamara, Warden, Mayor, Town of TecumsehJoe Bachetti, Deputy Mayor, Town of TecumsehTracey Bailey, Deputy Mayor, Town of LakeshoreTom Bain, Mayor, Town of LakeshoreMarc Bondy, Mayor, Town of LaSalleAldo DiCarlo, Mayor, Town of AmherstburgCrystal Meloche, Deputy Mayor, Town of LaSalleLeo Meloche, Deputy Mayor, Town of AmherstburgNelson Santos, Deputy Warden, Mayor, Town of KingsvilleGord Queen, Deputy Mayor, Town of KingsvilleLarry Snively, Mayor, Town of EssexLarry Verbeke, Deputy Mayor, Municipality of LeamingtonMorley Bowman, Alternate Councillor, Town of EssexAbsent:Hilda MacDonald, Mayor, Municipality of LeamingtonRichard Meloche, Deputy Mayor, Town of EssexAdministration:Mary Birch, Director of Council & Community Services/ClerkJayne Brooks Keller, Administrator - Sun Parlor HomeRobin Greenall, CEO/Chief Librarian, Essex County LibraryBruce Krauter, Chief, Essex Windsor EMSRob Maisonville, Chief Administrative OfficerJane Mustac, Director of Infrastructure Services/County EngineerGreg Schlosser, Director Human ResourcesSandra Zwiers, Director of Financial Services/TreasurerRenée Trombley, Manager Corporate Communications and Organizational DevelopmentKatherine Hebert, Deputy ClerkDanielle Dunlop, Administrative Assistant to the Chief of EWEMS1.Closed Meeting A Closed Meeting was held on March 4th, 2020 at 6:30 p.m.26-2020Moved ByMarc BondySeconded ByAldo DiCarloThat Council move into a closed meeting pursuant to Section 239 (2) (c ) and (h) of the Municipal Act, 2001, as amended for the following reasons: The proposed acquisition of lands by The Corporation of the County of Essex. Information explicitly supplied in confidence to the County by the Province. Carried28-2020Moved ByTom BainSeconded ByJoe BachettiThat Council rise from the Closed meeting.Carried2.Moment of Reflection 3.Singing of ‘O Canada’ 5.Disclosure of Pecuniary Interest There were no conflicts of pecuniary interest declared.6.Adoption of Regular Meeting Minutes 1.County Council Meeting Minutes for February 19, 2020.pdfEssex County Council Meeting Minutes for February 19, 202029-2020Moved ByLarry VerbekeSeconded ByAldo DiCarloThat the minutes of the February 19, 2020 Regular Meeting of Essex County Council be adopted as presented.Carried4.Recording of Attendance Hilda MacDonald and Richard Meloche were absent. Councillor Morley Bowman was in attendance as the alternate member for the Town of Essex. 7.County Warden’s Welcome and Remarks Warden McNamara welcomed all in attendance and the viewing audience. He addressed the global awareness of the Corona-virus and advised that the Public Health Unit and local hospitals were working diligently to assure that proper protocols and contingency programs were being put in place. He stressed the need to be prepared as much as possible for a potential pandemic.8.Delegations and Presentations 8.1Support for Canadian Automotive Strategy (Addendum Item) Dave Cassidy, President Local 444, Unifor National Skilled Trades Chairperson, seeking Essex County Council's support of their call on the Federal Government to develop a Canadian Auto Policy.David Cassidy spoke to the recent announcement of the discontinuance of the third shift at the Windsor Assembly Plant scheduled for June 29, 2020. Mr. Cassidy stated that the local 'feeder plants' would be effected as well. Mr. Cassidy stated that they were seeking financial aid from the Federal Government for a new SUV to be manufactured at the Windsor Assembly Plant. Mr. Cassidy requested a letter of support from County Council and the local municipalities to send to the Federal Government, requesting the development of a National Automotive Strategy. Warden McNamara thanked Mr. Cassidy for his remarks and agreed that a new product for the plant was critical. He addressed the lack of investment in the auto sector in Canada and it's local impact. He stated that, as community leaders, local politicians needed to support men and women that would to be affected. Mayor Bondy questioned the Corporate Average Fuel Economy (CAFE) laws. Mr. Cassidy advised that the laws are around emissions and that there are 13 states that the caravan cannot be sold in due to its weight. Warden McNamara indicated that he would like to include in the letter of support for a National Automotive Strategy to also include a recommendation for FCA to bring the new product here as well.30-2020Moved ByLarry SnivelySeconded ByMarc BondyThat Essex County Council grant an exception to Policy #95-004 - Delegations to County Council , in accordance with Section 5.2 and permit Mr. Cassidy to speak to Essex County Council. (requires 2/3 vote)Carried31-2020Moved ByAldo DiCarloSeconded ByGord QueenThe Essex County Council send a letter to the federal government in support of the development of National Automotive Strategy, ensuring there are sector development goals and investment targets in place; And further that the correspondence be circulated to local municipalities in Essex County, seeking their support as well. Carried11.Reports and Questions 11.4County Road 42 – Expropriation Phases 2, 3, and 5 1.2020-0304-IS-R008-JM County Road 42 - Expropriation Phases 2, 3 and 5.pdf2.Appendix A - County Road 42 Phasing Plan.pdf3.Appendix B - Reference Plan Phase 2.pdf4.Appendix C - Reference Plans Phase 3.pdf5.Appendix D - Reference Plans Phase 5.pdfReport Number 2020-0304-IS-R008-JM, dated March 4, 2020, from the Director of Infrastructure Services/County Engineer.David Sundin, County Solicitor, explained that County Council was the approval authority for the expropriation of properties required for Phases 2,3 and 5, which would be necessary for the expansion of County Road 42. Mr. Sundin reviewed the legal descriptions of the properties included and the Reasons for Decision for approving the required properties.33-2020Moved ByMarc BondySeconded ByTom BainThat County Council authorize the execution of By-law 2020-10 for the expropriation of certain lands for the widening of a portion of County Road 42 (Phases 2,3, and 5).Carried9.Communications 9.1Correspondence 34-2020Moved ByTracey BaileySeconded ByCrystal MelocheThat the correspondence listed on the regular agenda for March 4, 2020 be received and any noted action approved. Carried9.1.6Municipality of Southwest Middlesex 1.2020 02 12 Southwest Middlesex Resolution re Bill 156.pdfReceived a copy of correspondence regarding their February 12, 2020 resolution supporting the intent of Bill 156, Security from Trespass and Protecting Food Safety Act, 2019 and requesting the Province to also include protections against trespass for grain farm operations.Mayor Bondy asked that Council consider supporting the resolution of the Municipality of Southwest Middlesex seeking to add a provision to include grain farm operators to Bill 156, Security From Trespass and Protecting Food Safety Act, 2019.35-2020Moved ByMarc BondySeconded ByLeo MelocheThat Essex County Council support the resolution of the Municipality of Southwest Middlesex seeking to add a provision to include grain farm operators to Bill 156, Security From Trespass and Protecting Food Safety Act, 2019.Carried9.2Resolutions There were no resolutions for Council's consideration for March 4, 2020.10.Consent Agenda 36-2020Moved ByNelson SantosSeconded ByLarry SnivelyThat the information item listed as item 10.1 on the Consent Agenda for March 4, 2020 be received.Carried11.Reports and Questions 11.1Essex County Library Board 1.Essex County Library Board Minutes for January 22 2020.pdfMinutes of the Essex County Library Board for January 22, 2020, Nelson Santos, Chair.That the minutes of the Essex County Library Board for January 22, 2020 be received. Deputy Mayor Leo Meloche advised that he had some books he wished to donate to the Library. Ms. Greenall advised that she could assist in finding an organization which could benefit from the donation.37-2020Moved ByNelson SantosSeconded ByCrystal MelocheThat the minutes of the Essex County Library Board for January 22, 2020 be received.Carried11.22020 Annual Debt Repayment Limit 1.2020 Annual Repayment Limit.pdf2.Appendix A - Annual Debt Repayment Limit .pdfReport Number 2020-0304-FIN-R003-SZ, dated March 4, 2020, from Sandra Zwiers, Director of Financial Services Department/Treasurer.Ms. Zwiers reported on the 2020 annual debt repayment limit established by the OMB. 38-2020Moved ByMarc BondySeconded ByGord QueenThat County Council receive the 2020 Annual Repayment Limit report for information.Carried11.3Sun Parlor Home LSAA Amending Agreement 1.SPH - LSAA Extension Report 2020-0304-SPH-R002-JBK.pdf2.Appendix A Sun Parlor-LSAA Amending Agreement-Mar31-Jun30 2020.pdfReport 2020-0304-SPH-002-JBK LSAA Extension from Jayne Brooks-Keller, Administrator, Sun Parlor Home. (Revised recommendation - March 3, 2020)Ms. Brooks-Keller provided a report addressing 'housekeeping' issues related to the Long Term Care Services Accountability Agreement, noting that terminology in the previous agreement was being altered to reflect changes in the governance structure from the Local Health Integration Network to Ontario Health. She advised that the extension agreement would lapse June 30th, 2020 at which time a new agreement with Ontario Health should be available. She noted there were no funding changes proposed in the extension agreement.39-2020Moved ByTracey BaileySeconded ByTom BainThat the Warden and Clerk be authorized to enter into the Long-term Care Home Service Accountability Agreement (LSAA) for the Sun Parlor Home with the Erie St. Clair LHIN for the period April 1, 2020 - June 30, 2020; And further that Essex County Council authorizes the execution of the Declaration of Compliance indicating that, to the best of their knowledge and belief, Sun Parlor Home has fulfilled, its obligations under the LSAA in effect during the period January 1, 2019 to December 31, 2019.Carried11.5Civic Centre Lease Agreements - Essex County Federation of Agriculture (ECFA) and the Essex-Windsor Solid Waste Authority (EWSWA) 1.2020-0304-IS-R007-JM Lease Extension Agreements – Essex Federation of Agriculture and EWSWA.pdf2.Appendix A - Lease Agreement ECFA.pdf3.Appendix B - Lease Agreement - EWSWA.pdfReport Number 2020-0304-IS-R006-JM, dated March 4, 2020, from Jane Mustac, Director of Infrastructure Services/County Engineer.Ms. Mustac presented a report recommending formalizing lease agreements for space in the Civic Centre with the Essex County Federation of Agriculture and the Essex Windsor Solid Waste Authority. In response to a question, Deputy Mayor Leo Meloche was advised that they were gross leases. 40-2020Moved ByCrystal MelocheSeconded ByLeo MelocheThat County Council adopt By-Laws #2020-08 and #2020-09, authorizing the execution of lease agreements with the Essex County Federation of Agriculture and the Essex-Windsor Solid Waste Authority.Carried11.6Tender Summary - 2020 Road Rehabilitation, Hot Mix Overlay 1.2020-0304-IS-R009-JM Tender Summary - 2020 Rehabilitation - Hot Mix Overlay.pdf2.Appendix 1 - Hot Mix Overlay Report Location Map.pdfReport 2020-0304-ISD-R009-JM Tender Summary - 2020 Rehabilitation - Hot Mix Overlay, from Jane Mustac, Director of Infrastructure Services Department. Ms. Mustac presented a report providing a recommendation on the award of the tender for the 2020 Road Rehabilitation - hot mix overlay. She advised that an exemption to the noise by-law would be sought from the Town of Tecumseh to allow for evening work.41-2020Moved ByMarc BondySeconded ByAldo DiCarloThat the tender for Hot Mix Overlay be awarded to Mill-Am Corporation for a total Tender amount of $4,050,074.50 plus H.S.T.Carried12.Unfinished Business 13.New Business 13.1Public Reporting of Closed Meeting Warden McNamara reported that a Closed Meeting of Essex County Council was held at 6:30 p.m., prior to the regular Council meeting, pursuant to Sections 239 (2)(c) and (h) of the Municipal Act, 2001, as amended. Council was provided with legal advice regarding the acquisition of lands required by the County for the widening of County Road 42 and diversion of County Road 43, including the expropriation approval process for lands required by the County for Phases 2, 3 and 5 of the County Road 42 project. Council was also present with information which was explicitly supplied in confidence to the County by the Province.14.Adoption of By-Laws 42-2020Moved ByTom BainSeconded ByAldo DiCarloThat By-laws 2020-08 through 2020-12, having been read a first, second and third time, be finally passed and enacted. Carried14.1By-law Number 2020-08 1.2020-08 Lease Agreement with Essex County Federation of Agriculture.pdfA By-law to authorize the execution of a Lease Acknowledgement Agreement and Agreement to Formalize Lease between the Corporation of the County of Essex and the Essex County Federation of Agriculture.15.Notice of Motion 13.New Business 13.2Lesperance Road Deputy Mayor Bachetti requested that Infrastructure Services investigate the timing of the traffic signals in the North/South corridor at the intersection of Banwell and Lesperance Roads. He noted that complaints had been received, particularly between 4 to 6 pm.16.Adjournment 43-2020Moved ByMarc BondySeconded ByCrystal MelocheThat the Essex County Council meeting for Wednesday, March 4, 2020 be adjourned at 7:50 PM.CarriedNo Item Selected This item has no attachments1.2020 02 12 Southwest Middlesex Resolution re Bill 156.pdf1.County Council Meeting Minutes for February 19, 2020.pdf1.2020 Annual Repayment Limit.pdf2.Appendix A - Annual Debt Repayment Limit .pdf1.SPH - LSAA Extension Report 2020-0304-SPH-R002-JBK.pdf2.Appendix A Sun Parlor-LSAA Amending Agreement-Mar31-Jun30 2020.pdf1.2020-0304-IS-R009-JM Tender Summary - 2020 Rehabilitation - Hot Mix Overlay.pdf2.Appendix 1 - Hot Mix Overlay Report Location Map.pdf1.2020-0304-IS-R007-JM Lease Extension Agreements – Essex Federation of Agriculture and EWSWA.pdf2.Appendix A - Lease Agreement ECFA.pdf3.Appendix B - Lease Agreement - EWSWA.pdf1.2020-08 Lease Agreement with Essex County Federation of Agriculture.pdf1.Essex County Library Board Minutes for January 22 2020.pdf1.2020-0304-IS-R008-JM County Road 42 - Expropriation Phases 2, 3 and 5.pdf2.Appendix A - County Road 42 Phasing Plan.pdf3.Appendix B - Reference Plan Phase 2.pdf4.Appendix C - Reference Plans Phase 3.pdf5.Appendix D - Reference Plans Phase 5.pdf