Essex County Council, Regular Meeting Minutes

Wednesday, May 15, 2024

Meeting Time:

Council Chambers, 2nd Floor

360 Fairview Avenue West

Essex, Ontario N8M 1Y6

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

Council:

• 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
• Crystal Meloche, Mayor - Town of LaSalle
• Michael Prue, Mayor - Town of Amherstburg
• Larry Verbeke, Deputy Mayor - Municipality of Leamington
• Kirk Walstedt, Deputy Mayor - Municipality of Lakeshore
• Mark Carrick, Councillor - Town of LaSalle (Alternate Member)
• Tony Gaffan, Councillor, Town of Kingsville - (Alternate Member)
• Brian Houston, Councillor, Town of Tecumseh - (Alternate Member)
• John Kerr, Councillor, Municipality of Lakeshore - (Alternate Member)
• Kimberly Verbeek, Councillor, Town of Essex (Alternate Member)

Absent:

• Michael Akpata, Deputy Mayor - Town of LaSalle
• Tracey Bailey, Mayor - Municipality of Lakeshore
• Gary McNamara, Mayor - Town of Tecumseh
• Dennis Rogers, Mayor - Town of Kingsville
• Rob Shepley, Deputy Mayor - Town of Essex

Administration:

• 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
• Don McArthur, Manager, Communication and Organizational Development
• Melissa Ryan, Director, Financial Services/Treasurer
• David Sundin, County Solicitor
• Crystal Sylvestre, Coordinator, Legislative and Community Services
• Sandra Zwiers, Chief Administrative Officer
• Rebecca Belanger, Manager of Planning Services
• Dee Blais, Administrative Assistant to the CAO
• Justin Lammers, Chief, Essex-Windsor EMS

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1.

Closed Meeting

A Closed Meeting was held prior to the Regular meeting of Council on May 15, 2024.

• 135-2024
  Moved By Kimberly DeYong
  Seconded By Michael Prue

  That Council move into a closed meeting pursuant to Section 239 (2) (f) 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; (Voted by Show of Hands)
  Carried
• 138-2024
  Moved By Tony Gaffan
  Seconded By Larry Verbeke

  That Essex County Council adjourn, and rise from the May 15, 2024 Closed Meeting at 5:40 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.

Rob Shepley was absent. Kim Verbeek attended as an alternate member for the Town of Essex.

Dennis Rogers was absent. Tony Gaffan attended as an alternate member for the Town of Kingsville.

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

Michael Akpata was absent. Mark Carrick attended as an alternate member for the Town of LaSalle.

Gary McNamara was absent. Brian Houston attended as an alternate member for the Town of Tecumseh. 

Joe Bachetti and Sherry Bondy attended virtually from a remote location. 

6.

County Warden’s Welcome and Remarks

Warden MacDonald acknowledged that the Day of Action on Litter was observed, with commendations extended to the Essex County Library for its leadership in organizing a successful community cleanup in April, resulting in the collection of 342 bags of garbage. It was emphasized that the positive momentum from this event should be sustained, especially as the Victoria Day long weekend approached.

The Warden noted that Sunday marked the beginning of Paramedic Services Week, honouring the dedicated paramedics and support staff at Essex-Windsor EMS. The theme for this year's Paramedic Services Week was "Help Us Help You," highlighting the importance of supporting these essential services.

Additionally, congratulations were extended to CAO Sandra Zwiers for being recognized by the Canadian Association of Municipal Administrators for her 20 years of service in municipal government management roles. Sandra was thanked for her dedication and leadership, with Council expressing anticipation for many more years of her service as the Chief Administrative Officer for the County of Essex.

7.

Disclosure of Pecuniary Interest

There were no disclosures of pecuniary interest raised.

8.

Adoption of Regular Meeting Minutes

Minutes of the May 1, 2024 Essex County Council, Regular Meeting

• 139-2024
  Moved By Larry Verbeke
  Seconded By Crystal Meloche

  That the minutes of the May 1, 2024 Regular Meeting of Essex County Council be adopted as presented. (Voted by Show of Hands)

  Carried

9.

Delegations and Presentations

• 140-2024
  Moved By Kirk Walstedt
  Seconded By Brian Houston

  That the Delegation by the Essex County Accessibility Advisory Committee be permitted to address Essex County Council. (Voted by Show of Hands)

  Carried

9.1

Essex County Accessibility Advisory Committee (ECAAC) 

Dennis Sanson, Chair; Members Diana Kirkbride, Julie Miles, Rachel Jewell and Kimberly DeYong, County Council Representative on the ECAAC provided an update on the activities of the ECAAC for 2024.

ECAAC members outlined the Committee’s plans for AccessAbility Week including the annual Accessibility Flag Raising event on May 27, 2024. Additionally, details were shared for Phase 3 of the WE Check the Trails project which is set to launch in time for National AccessAbility Week as well. The Committee outlined their activities thus far in 2024, which included reviewing and suggesting changes to modernize the County’s policies related to inclusive language and the definition of ‘barrier’ and ‘accessibility’ as well as refreshing the ECAAC Terms of Reference. Further, the Committee collaborated with County Administration, to review and offer lived-experience suggestions to the project team in Infrastructure and Planning Services, regarding the Civic Centre renovations

10.

Communications

10.1

Correspondence

• 142-2024
  Moved By Mark Carrick
  Seconded By Chris Gibb

  That the correspondence listed on the Regular Agenda for May 15, 2024, be received and any noted action approved. (Voted by Show of Hands)

  Carried

10.1.1

Association of Municipalities of Ontario (AMO)

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

10.1.2

Western Ontario Wardens' Caucus (WOWC)

• WOWC April Newsletter
• WOWC Unveils Top Priorities - News Release April 26, 2024

10.1.3

Municipal Property Assessment Corporation (MPAC)

InTouch - March/April 2024

10.1.4

Windsor Essex Regional Chamber of Commerce (WERCC)

April 30, 2024 - Newsletter

10.1.5

Municipality of Wawa

Correspondence dated April 22, 2024 RE Amendments to the Occupational Health and Safety Act to Clarity Definition of Employer

10.1.6

Municipality of Trent Hills

Correspondence dated April 26, 2024 RE Municipal Task Force on Housing and Homelessness

• 141-2024
  Moved By Sherry Bondy
  Seconded By Larry Verbeke

  That Essex County Council support correspondence received from the Municipality of Trent Hills regarding the Municipal Task Force on Housing and Homelessness.

  Carried

10.1.7

City of Peterborough

Correspondence dated April 11, 2024 RE Jurisdiction of Ontario's Ombudsman (and Request for a Bill to Amend the Ombudsman Act)

10.1.8

City of Stratford

Correspondence dated April 25, 2024 RE Urgent need for additional funding for museums and libraries 

(Additional resolution received from the Town of Lincoln, attached)

10.1.9

Notice of Completion - Design and Construction Highway 3 Widening - 30 Day Comment Period

Correspondence dated April 29, 2024, RE Notice of Completion - Design and Construction Report #2, Highway 3 Widening Project- Essex to Leamington 1.2 km East of Essex Road 23 Easterly to 1.1 km East of Essex Road 34 - Essex County

30 Day Comment Period May 1, 2024 - June 1, 2024 Project Website www.hwy3essex.com

10.1.10

Ministry of Transportation of Ontario (MTO)

Notice of Commencement - Highway 401 and Lauzon Parkway Interchange Study (GWP 3028-23-00), Preliminary Design and Class Environmental Assessment Study

Comment Period Open Until May 31, 2024 Project Website www.hwy401lauzon.ca 

10.1.11

2024 Census Test Notice

Correspondence dated April 30, 2024 RE The 2024 Census Test Is Coming in May

Visit 2024 Census Test Notice Website for further details 

10.1.12

Town of Essex

May 7, 2024 Correspondence (Marked Urgent) from the Town of Essex regarding the Wright Drain Culvert - Repair and Maintenance

10.2

Resolutions

10.2.1

Town of Tecumseh

Correspondence dated April 19, 2024 from Town of Tecumseh RE Community Safety Zones and School Crossing Guard Program

The Council of the Town of Tecumseh, at its Policies and Priorities Committee meeting held March 26, 2024, gave consideration to Report PWES-2024-18 entitled “Community Safety Zones Policy” and Report PWES-2024-20 entitled “School Safety Zones Policy”

• 143-2024
  Moved By Michael Prue
  Seconded By Crystal Meloche

  That Essex County Council receive the correspondence as amended from the Town Tecumseh, regarding Report PWES- 2024-18 entitled “Community Safety Zones Policy” and Report PWES-2024-20 entitled “School Safety Zones Policy”; and

  That Essex County Council request that a report be prepared by County administration and brought back to Council for consideration. (Voted Electronically)

  In Favour (14)

  Larry Verbeke, Michael Prue, Chris Gibb, Sherry Bondy, Kimberly DeYong, Kirk Walstedt, Crystal Meloche, Hilda MacDonald, Joe Bachetti, Mark Carrick, Brian Houston, Kimberly Verbeek, John Kerr, and Tony Gaffan

  Carried

10.2.2

Town of Essex

Correspondence dated April 24, 2024 RE Ontario Works and Ontario Disability Support Program

(Additional Resolution in Support received from Prince Edward County, the Town of Smith Falls, Town of Grimsby and Town of Goderich  - Attached)

• 144-2024
  Moved By Kimberly Verbeek
  Seconded By Tony Gaffan

  That Essex County Council receive and support the correspondence from the Town of Essex, regarding Ontario Works and Ontario Disability Support Program financial assistance rates. (Voted Electronically)

  In Favour (14)

  Larry Verbeke, Michael Prue, Chris Gibb, Sherry Bondy, Kimberly DeYong, Kirk Walstedt, Crystal Meloche, Hilda MacDonald, Joe Bachetti, Mark Carrick, Brian Houston, Kimberly Verbeek, John Kerr, and Tony Gaffan

  Carried

11.

Consent Agenda

• 145-2024
  Moved By Kimberly Verbeek
  Seconded By Kimberly DeYong

  That the items listed as 11.1 through 11.5 on the Consent Agenda for May 15, 2024, be received and approved as required. (Voted by Show of Hands)

  Carried

11.1

Essex County Accessibility Advisory Committee (ECAAC)

Minutes of the Essex County Accessibility Advisory Committee (ECAAC), dated April 4, 2024

11.2

Essex-Windsor Solid Waste Authority (EWSWA)

February 6, 2024 Essex Windsor Solid Waste Authority, Regular Board Meeting Minutes

11.3

Essex County Library

Minutes from the February 28, 2024 Regular Meeting, and March 11, 2024 Special Meeting of Essex County Library Board

11.4

Windsor Essex County Provincial Offences Program (POA) Annual Report

Report number 2024-0515-FIN-R10-MR, Windsor Essex County Provincial Offences Program (POA) Annual Report, dated May 15, 2024 from Melissa Ryan, Director, Financial Services/Treasurer

11.5

Summary of Outstanding Reports for May 15, 2024

2024-0515-LCS-R17-KH, Summary of Outstanding Reports for May 15, 2024, prepared by Katherine Hebert, Manager, Records and Accessibility/Deputy Clerk

12.

Reports and Questions

12.1

Adjustments to County Road Segments in the Municipality of Leamington

Report number 2024-0515-IPS-R06-AB, Adjustments to County Road Segments in the Municipality of Leamington, dated May 15, 2024 from Allan Botham, Director, Infrastructure and Planning Services

Allan Botham outlined the proposed changes that would transfer ownership of the specified County Road segments to the Municipality of Leamington. Allan explained that this transfer was requested by Leamington to allow them governance over the road segments required to support development and growth in the community. The County would continue to share in winter maintenance operations of ploughing and salting of the Connecting Links. The overall change was a reduction to the County owned road network and, corresponding increase to the County Connecting Link network of approximately 2.77 km.
It was further explained that a transfer of three small pieces of property to the County of Essex, from the Municipality of Leamington for the purpose of cleaning up the intersections of CR20 at Fraser Road, and CR48 at Fraser Road was included in the report recommendation. The transfer of land does not have financial implications for the County of Essex.

• 146-2024
  Moved By Larry Verbeke
  Seconded By Crystal Meloche

  That Essex County Council approve by-law 2024-24 authorizing an amendment to the existing Connecting Link Agreement with the Municipality of Leamington;

  That Essex County Council rescind by-law 46-2008; and

  That Essex County Council authorize the Warden and Clerk to execute any and all agreements and documents necessary to receive lands from the Municipality of Leamington as described in this Report, being Report 2024-0515-IPS-R06-AB. (Voted Electronically)

  In Favour (14)

  Larry Verbeke, Michael Prue, Chris Gibb, Sherry Bondy, Kimberly DeYong, Kirk Walstedt, Crystal Meloche, Hilda MacDonald, Joe Bachetti, Mark Carrick, Brian Houston, Kimberly Verbeek, John Kerr, and Tony Gaffan

  Carried

12.2

Advancement of a County Development Charges Study and By-law

Report number 2024-0515-IPS-R08-RB, Advancement of a County Development Charges Study and By-law, dated May 15, 2024, from Rebecca Belanger, Manager, Planning Services 

Rebecca Belanger provided an overview of a proposed study to investigate implementing Development Charges for the County of  
Essex. Under the Development Charges Act, 1997, collection of development charges to ensure that infrastructure costs resulting from increased population and employment are funded by new developments rather than existing residents and businesses. This study would investigate impacts of anticipated growth on services currently provided by the County of Essex and would inform future budget decisions and developer costs.

The study would forecast future development, assess service levels, calculate capital costs, and examine long-term infrastructure sustainability. A public consultation process, including at least one public open house and a statutory public meeting, will take place before adopting a By-law.

• 147-2024
  Moved By Joe Bachetti
  Seconded By Michael Prue

  That Essex County Council receive report 2024-0515-R08-RB regarding the Advancement of a County Development Charges Study and By-law for information; and

  That Essex County Council approve the utilization of rate stabilization reserves up to a maximum of $60,000 to fund the Development Charges Study. (Voted Electronically)

  In Favour (13)	Larry Verbeke, Michael Prue, Chris Gibb, Sherry Bondy, Kimberly DeYong, Crystal Meloche, Hilda MacDonald, Joe Bachetti, Mark Carrick, Brian Houston, Kimberly Verbeek, John Kerr, and Tony Gaffan
  Opposed (1)	Kirk Walstedt

  Carried

12.3

Homelessness Programs Funding Agreement

Report number 2024-0515-LCS-R18-JDF, Homelessness Programs Funding Agreement, dated May 15, 2024, from Jeanie Diamond Francis, Manager, Community Services

Jeanie Diamond Francis explained the proposed agreement with Family Services Windsor Essex (FSWE) to provide homelessness services for the County of Essex. The agreement would allow the County to directly oversee homelessness programs in the County, including the Essex County Homelessness Hub, the Emergency Shelter Program, and a dedicated Outreach Worker for County residents. Funding for these programs was being provided to the County from the provincial government, administered by the City of Windsor.
.

• 148-2024
  Moved By Kimberly DeYong
  Seconded By Mark Carrick

  That Essex County Council authorize the Warden and the Interim Clerk to execute an Agreement between the Corporation of the County of Essex and Family Services Windsor Essex in substantially the same form as appended hereto as Appendix A. (Voted Electronically)

  In Favour (13)	Larry Verbeke, Michael Prue, Chris Gibb, Sherry Bondy, Kimberly DeYong, Crystal Meloche, Hilda MacDonald, Joe Bachetti, Mark Carrick, Brian Houston, Kimberly Verbeek, John Kerr, and Tony Gaffan
  Opposed (1)	Kirk Walstedt

  Carried

13.

Unfinished Business

13.1

Legacy Oil and Gas Well Preparedness

Verbal report follow-up, originally presented May 1, 2024  as Administrative Report 'Legacy Oil and Gas Well Preparedness'. Clarification on questions from Council regarding Emergency Measures for Brine Wells and Large Animal Rescue, from Justin Lammers, Chief, Essex-Windsor Emergency Medical Services 

Chief Lammers reported back to Council regarding a question regarding risks associated with brine wells. The Chief noted that his research had indicated that it was possible for gases to be present in brine wells.

Chief Lammers also reported that Dan Metcalfe, County of Essex Emergency Measures Coordinator had engaged the University of Guelph to provide a Large Animal Rescue training exercise late summer to early fall 2024. The training would be provided in collaboration with local municipal emergency services and would be held at the Windsor-Essex Therapeutic Riding Association (WETRA) facility.

14.

New Business

14.1

Public Reporting of Closed Meeting

A Closed Meeting was held prior to the Regular meeting of Council on May 15, 2024, pursuant to Section 239 (2) (f) 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.

15.

Adoption of By-Laws

• 149-2024
  Moved By Crystal Meloche
  Seconded By Michael Prue

  That By-laws 2024-22 through 2024-25, having been read a first, second and third time, be finally passed and enacted. (Voted Electronically)

  In Favour (13)	Larry Verbeke, Michael Prue, Chris Gibb, Sherry Bondy, Kimberly DeYong, Crystal Meloche, Hilda MacDonald, Joe Bachetti, Mark Carrick, Brian Houston, Kimberly Verbeek, John Kerr, and Tony Gaffan
  Opposed (1)	Kirk Walstedt

  Carried

15.1

By-Law Number 2024-22

Being A By-law to Authorize the Execution of a Designated Service Provider and Funding Agreement Between the City of Windsor and the County of Essex, for the Purpose of Allocation of Homelessness Prevention Program Funding

15.2

By-Law Number 2024-23

Being a By-law to Authorize the Execution of an Agreement Between the Corporation of the County of Essex and Family Services Windsor Essex for the Purpose of the Administration of the Homelessness Programs of the County

15.3

By-Law Number 2024-24

Being a By-law to Authorize the Execution of a Connecting Link Agreement Between the Corporation of the County of Essex and the Corporation of the Municipality of Leamington

15.4

By-law Number 2024-25

Being a By-law to confirm the proceedings of the Council of the Corporation of the County of Essex for May 15, 2024

16.

Notice of Motion

16.1

Town of Amherstburg

Chris Gibb brought forward the following Notice of Motion:

At the April 22, 2024 meeting of Amherstburg Town council direction was given to Mayor Prue and Deputy Mayor Gibb to request the County of Essex conduct a traffic study for Essex County Road 20 from Texas Road to Essex County Rd 3. 
This notice of motion is to request 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 this section of County Rd 20 is being managed as safely and efficiently as possible.

16.2

Town of Kingsville

Kimberly DeYong brought forward the following Notice of Motion:

Whereas on March 16, 2022, Essex County Council determined that all lower-tier municipalities shall participate in the regional organic waste collection and processing program;

And whereas County Council has established the level of service associated with such program;

And whereas it is estimated that this service will result in a 4.3% property tax increase for the Town of Kingsville in the first year of the program;

It is moved that Kingsville Council directs Deputy Mayor DeYong or Mayor Rogers to make a Motion at County Council asking that the County Council agree to fund the cost of the regional organic waste collection and processing program through the County of Essex property tax levy. If changes are required to by-laws and agreements to achieve this result, it is requested that the County of Essex amend these by-laws and agreements as required, such as with EWSWA, City of Windsor, and others; and

That an administrative report be brought forward by County Administration, describing and evaluating the implications of these decisions.

17.

Adjournment

• 150-2024
  Moved By Kimberly DeYong
  Seconded By Kimberly Verbeek

  That the Essex County Council meeting for May 15, 2024 be adjourned at 7:04 PM. (Voted by Show of Hands)

  Carried