Essex County Council Regular Meeting Minutes

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
  • 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
  • Hilda MacDonald, Warden / Mayor - Municipality of Leamington
  • Gary McNamara, Mayor - Town of Tecumseh
  • 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
  • Mark Carrick, Councillor - Town of LaSalle (Alternate)
Absent:
  • Joe Bachetti, Deputy Warden / Deputy Mayor - Town of Tecumseh
  • Crystal Meloche, Mayor - Town of LaSalle
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
  • Don McArthur, Manager, Communication and Organizational Development
  • 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
  • Justin Lammers, Chief, Essex-Windsor EMS

1.
Closed Meeting

 

There was no Closed Meeting scheduled for October 18, 2023.

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.

Crystal Meloche and Joe Bachetti were absent.

Mark Carrick attended as an alternate member for the Town of LaSalle.

6.
County Warden’s Welcome and Remarks

 

Warden MacDonald welcomed Council, Administration and the viewing public to the meeting.

The Warden highlighted that it was Local Government week and spotlighted the services provided by the County of Essex across all departments to the community.  The Warden offered gratitude to all members of County staff for their contributions.

7.
Disclosure of Pecuniary Interest

 

There were no disclosures of pecuniary interest raised.

8.
Adoption of Regular Meeting Minutes

This item has attachments. 
1.Essex County Council Regular Meeting Minutes October 4 2023.pdf
2.Essex County Council Special Meeting Minutes October 4 2023.pdf

Minutes of the October 4, 2023 Special Meeting of Essex County Council - Official Plan Amendment #3, and Regular Meeting of Essex County Council dated October 4, 2023. 

  • 275-2023
    Moved ByLarry Verbeke
    Seconded ByRob Shepley

    That the minutes of the October 4, 2023 Special Meeting of Essex County Council - Official Plan Amendment #3, and Regular Meeting of Essex County Council dated October 4, 2023 be adopted as presented. (Voted by show of hands)

    Carried

9.
Delegations and Presentations

 
  • 276-2023
    Moved ByMark Carrick
    Seconded ByMichael Akpata

    That Essex County Council allow report 2023-1018-LCS-R26-JDF, Building Bridges Erie Shores Housing Project, dated October 18, 2023 from Jeanie Diamond Francis, Manager, Community Services be presented ahead of the Delegation from The Bridge Youth Resource Centre (Voted by show of hands)

    Carried

9.1
The Bridge Youth Resource Centre

This item has attachments. 
1.TheBridge- County of Essex Deck - EDITED.pdf

Krista Rempel, Executive Director, George Bergen, Board Chair and Will Good, Incoming Board Chair will make a presentation to Council regarding The Building Bridges Erie Shores Housing Project.


To be considered with agenda item 12.1 Building Bridges Erie Shores Housing Project

George Bergen provided Council with the background of The Bridge and the successes realized since it began operation in 2018.

Krista Rempel explained the relationship between The Bridge and other organizations in the community and outlined fundraising efforts and donations that had funded capital projects and operational costs.

Will Good spoke to the growth of the organization and identified that the largest gap at this time was housing.

George explained the total estimated cost of the fourth phase of the development was $11 million and The Bridge was seeking $2 million in support from the County in 2024. (See item 12.1 for Disposition.)

  • 278-2023
    Moved ByDennis Rogers
    Seconded ByChris Gibb

    That the delegation from The Bridge Youth Resource Centre be permitted to address County Council. (Voted by show of hands)

    Carried

9.2
Ontario Ministry of Transportation 

This item has attachments. 
1.3021-18-00 Contract 3 Phase 2- Council Updates_UA.pdf

Kyle Saulnier, Area Manager and Sivaganesh Tharmabala, Senior Project Engineer - MTO, to provide a presentation regarding the Highway 3 Widening from Essex to Leamington: Phase 3 Contract 2 P3 Design Build Finance Delivery


To be considered with agenda item 12.2 Highway 3 Widening Construction Update

  • 279-2023
    Moved ByMichael Prue
    Seconded ByDennis Rogers

    That the delegation from the Ministry of Transportation be deferred to the November 1, 2023 Meeting of Essex County Council.  (Voted by show of hands)

    Carried

10.
Communications

 

10.1
Correspondence

 
  • 281-2023
    Moved ByLarry Verbeke
    Seconded ByGary McNamara

    That the correspondence listed on the Regular Agenda for October 18, 2023, be received and any noted action approved. (Voted by show of hands)

    Carried

10.1.1
Association of Municipalities of Ontario (AMO)

 

10.1.2
GDH

This item has attachments. 
1.11202886_Notice of Road Closing Letter_UA(1).pdf

September 28, 2023 - Notice of Road Closing - Highway 3 Widening and Safety Enhancements Study - 1.2 km east of Arner Townline (Essex Road 23) easterly to 1.1 km east of Union Avenue (Essex Road 34)

10.1.3
Ontario Provincial Government News and Notices

 

10.1.4
Ombudsman Ontario

 

10.1.5
Windsor Essex County Health Unit (WECHU)

This item has attachments. 
1.WECHU_Letter to Ministry of Health - SafePoint - October 2023_UA.pdf

October 3, 2023 - Letter regarding status of application for a Consumption and Treatment Services (CTS) site in the City of Windsor, 'SafePoint'

10.1.6
Western Ontario Wardens' Caucus

 

September WOWC Newsletter

10.1.7
Great Lakes and St. Lawrence Cities Initiative (GLSLCI)

 

Making Waves - September Newsletter

10.1.8
Rural Ontario Municipal Association

 

10.1.9
Guaranteed Livable Income

This item has attachments. 
1.Info Alnwick Haldima_20230921_165126_UA.pdf
2.Brant_GuaranteedLivableIncomeResolutionSupporting_UA.pdf
  • County of Brant - September 27, 2023 - Resolution RE Support for Guaranteed Livable Income
  • Township of Alnwick/Haldimand - September 19, 2023 - Resolution Establishing a Guaranteed Livable Income

10.1.10
Town of Aurora

This item has attachments. 
1.Aurora_CouncilOpposition-StrongMayorPowersResolution_UA.pdf

September 28, 2023 - Resolution RE Strong Mayor Powers - Opposition 

10.1.11
Town of Stouffville

This item has attachments. 
1.Stouffville_SupportingIllegal Land Use Enforcement_UA.pdf

October 3, 2023 - Resolution Supporting Illegal Land Use Enforcement

10.1.12
Waterloo MPP Catherine Fife, NDP, Finance and Treasury Board Critic

This item has attachments. 
1.Letter_MPP Fife_RE Bill 21 support_UA.pdf

September 28, 2023 - Request for Support for Bill 21, Fixing Long-Term Care Amendment Act (Till Death Do Us Part) 2022

10.1.13
Municipality of West Lincoln

This item has attachments. 
1.WestLincoln_ AMO_Smaller Developers ON Comm_UA.pdf

October 5, 2023 Resolution RE Challenges Faced by Smaller Developers in Ontario Communities

10.1.14
Municipality of Bluewater

This item has attachments. 
1.BLuewater_Childcare availability in Ontario_UA.pdf

October 2, 2023 - Resolution RE Childcare Availability in Ontario

10.2
Resolutions

 

There were no resolutions for Council's consideration for October 18, 2023.

11.
Consent Agenda

 
  • 282-2023
    Moved ByMark Carrick
    Seconded ByDennis Rogers

    That the minutes listed as item 11.1, on the Consent Agenda for October 18, 2023, be approved. (Voted by show of hands)

    Carried

11.1
Essex County Accessibility Advisory Committee (ECAAC)

This item has attachments. 
1.Post-Meeting Minutes - ECAAC Meeting_Sep07_2023_Final.pdf

Minutes of the September 7, 2023 meeting of the Essex County Accessibility Advisory Committee, Deputy Mayor Kimberly DeYong, Committee Member

12.
Reports and Questions

 

12.1
Building Bridges Erie Shores Housing Project

This item has attachments. 
1.2023-1018-LCS-R26-JDF Building Bridges Erie Shores Housing Project.pdf

Report Number 2023-1018-LCS-R26-JDF, Building Bridges Erie Shores Housing Project, dated October 18, 2023 from Jeanie Diamond Francis, Manager, Community Services


To be considered with agenda item 9.1 The Bridge Youth Resource Centre Delegation

Jeanie offered the report to Council outlining the services provided by The Bridge. Jeanie explained that The Bridge would be providing a delegation requesting funds to support a thirty-seven (37) unit housing project.  Jeanie explained the project included affordable housing units and would be funded by support from various levels of government, other supporting organizations and through the fund-raising efforts of The Bridge.

Jeanie explained that Administration would need more time to formulate a recommendation on how the County could provide a capital investment in the project and intended to include the information in the 2024 budget presentation for consideration.

  • 277-2023
    Moved BySherry Bondy
    Seconded ByGary McNamara

    That Essex County Council receive report number 2023-1018-LCS-R26-JDF, Building Bridges Erie Shores Housing Project as information, and further that County Administration be directed to present options in the 2024 proposed budget on providing a capital investment to this project. (Voted electronically)

    In Favour (11)Larry Verbeke, Michael Prue, Chris Gibb, Sherry Bondy, Rob Shepley, Dennis Rogers, Kimberly DeYong, Michael Akpata, Hilda MacDonald, Gary McNamara, and Mark Carrick
    Opposed (2)Tracey Bailey, and Kirk Walstedt
    Carried

12.2
Highway 3 Widening Construction Update

This item has attachments. 
1.2023-1018-IPS-R35-AB Highway 3 Widening Construction Update.pdf
2.AppendixA-Highway3 P3C2 - MTO and CoE Agreement - Final Version_UA(1).pdf

Report number 2023-1018-IPS-R35-AB, Highway 3 Widening Construction Update, dated October 18, 2023 from Allan Botham, Director, Infrastructure and Planning Services


To be considered with agenda item 9.2 Ontario Ministry of Transportation

  • 280-2023
    Moved ByRob Shepley
    Seconded ByChris Gibb

    That Essex County Council defer item 12.2 Highway 3 Widening Construction Update and By-law 2023-50 to the November 1, 2023 meeting of Essex County Council. (Voted electronically)

    Carried

12.3
Council Code of Conduct Revision and By-law

This item has attachments. 
1.2023-1018-LCS-R24-KH_CodeOfConductforMembersOfCouncilAndCommittees.pdf
2.Appendix A 2023-005 New Code of Conduct.pdf
3.Appendix B Bylaw 06-2019 Essex County Code of Conduct Policy.pdf

Report number 2023-1018-LCS-R24-KH, Code of Conduct for Council Members and Members of Local Boards, dated October 18, 2023, from Katherine Hebert, Manager, Records and Accessibility/Deputy Clerk

Katherine Hebert explained that the new Code of Conduct for Council Members and Members of Local Boards had been prepared by the County’s new Integrity Commissioner and had been discussed in the Special meeting of Council held at 1:00 PM on October 18, 2023.

Council indicated that they had some further questions regarding the proposed Code of Conduct.  The Clerk suggested that they defer the report, allowing more time to consider the contents of the new Code of Conduct and to consult with the Integrity Commissioner on any questions. Discussion included allowing two weeks’ time for members of Council to submit their questions, at which time they would be provided to the Integrity Commissioner for responses.  A follow-up report would be prepared by Administration once responses were received from the Integrity Commissioner.

  • 283-2023
    Moved ByMichael Prue
    Seconded ByKimberly DeYong

    That Essex County Council defer item 12.3. regarding the new proposed Council Code of Conduct and By-law 2023-48 until responses from the Integrity Commissioner to Council questions are received. (Voted by Show of Hands)

    Carried

12.4
River Canard Bridge Plaque Proposal

This item has attachments. 
1.2023-1018-IPS-R33-AB River Canard Bridge Plaque Proposal.pdf
2.Appendix I - Draft Paragraph - Story for Proposed Plaque_UA.pdf

Report number 2023-1018-IPS-R33-AB, River Canard Bridge Plaque Proposal, dated October 18, 2023, from Allan Botham, Director, Infrastructure Services and Planning

Allan Botham provided the report to Council with information on the proposed installation of a commemorative plaque at the bow string bridge that borders LaSalle and Amherstburg.

Discussion included posting single sided, bilingual signage on both the LaSalle and Amherstburg sides of the bridge.

  • 284-2023
    Moved ByMichael Prue
    Seconded ByMichael Akpata

    That Essex County Council receive report 2023-1018-IPS-R33-AB, and

    That Administration be directed to prepare and submit application to the Ontario Heritage Trust requesting plaque(s) to be installed at each end of the River Canard Bridge B-08-02, including the suggested wording provided the by the County of Essex. (Voted electronically)

    In Favour (13)Tracey Bailey, Larry Verbeke, Michael Prue, Chris Gibb, Sherry Bondy, Rob Shepley, Dennis Rogers, Kimberly DeYong, Kirk Walstedt, Michael Akpata, Hilda MacDonald, Gary McNamara, and Mark Carrick
    Carried

12.5
Quarry Access Culvert

This item has attachments. 
1.2023-1018-IPS-R36-KT-DMS Quarry Access Culvert.pdf

Report Number 2023-1018-IPS-R36-KT-DMS, Quarry Access Culvert, from Karyn Templin, Manager, Design and Construction, dated October 18, 2023.

David Sundin provided Council with background information regarding the construction and maintenance requirements expressed in the Road User Agreement as it pertains to a tunnel under County Road 9 on the Eastern side of quarry.

David highlighted that the Road User Agreement for the structure was unique in that the structure would be owned by and all related costs and responsibilities would be that of the quarry once completed.

  • 285-2023
    Moved ByGary McNamara
    Seconded ByRob Shepley

    That Essex County Council authorize construction of the Tunnel and further authorize the Warden and the Clerk to execute a Road User and Easement Agreement permitting the construction of the Tunnel. (Voted electronically)

    In Favour (13)Tracey Bailey, Larry Verbeke, Michael Prue, Chris Gibb, Sherry Bondy, Rob Shepley, Dennis Rogers, Kimberly DeYong, Kirk Walstedt, Michael Akpata, Hilda MacDonald, Gary McNamara, and Mark Carrick
    Carried

12.6
2024 Infrastructure Expansion Program Update

This item has attachments. 
1.2023-1018-IPS-R34-AB 2024 Expansion Program Update.pdf
2.Appendix A - Map for Table 1 - Completed Environmental Assessments_UA.pdf
3.Appendix B - Map for Table 2 - Completed and Current Construction Projects_UA.pdf
4.Appendix C - Map for Table 3 - 2004 Expansion Capacity Program_UA.pdf
5.Appendix D - Map for Table 4 - Proposed Expansion Capacity Program_UA.pdf

Report number 2023-1018-IPS-R34-AB, 2024 Infrastructure Expansion Program Update, dated October 18, 2023 from Allan Botham, Director, Infrastructure Services and Planning  

Allan Botham provided the report outlining the necessity to review and revise the 2004 expansion program.  Allan provided details regarding contributing factors impacting the program such as industrial developments, increased traffic flow and capacity requirements, the execution of the County Wide Active Transportation System (CWATS) initiative, inflation and constraints on the construction related workforce.

Allan explained that the existing plan included four project components; environmental assessment, design, property ownership and construction related costs; all of which require a long-term plan for funding year over year.  Allan explained that options to mitigate constraints to the successful completion of the program included reorganizing projects by priority, extending project timelines and exploring alternative funding plans.

  • 286-2023
    Moved ByGary McNamara
    Seconded ByTracey Bailey

    That Essex County Council receive report 2023-1018-IPS-R34-AB 2004 Expansion Program Update as information. (Voted electronically)

    In Favour (13)Tracey Bailey, Larry Verbeke, Michael Prue, Chris Gibb, Sherry Bondy, Rob Shepley, Dennis Rogers, Kimberly DeYong, Kirk Walstedt, Michael Akpata, Hilda MacDonald, Gary McNamara, and Mark Carrick
    Carried

13.
Unfinished Business

 

13.1
Unfinished Business - Summary of Outstanding Reports for October 18, 2023

This item has attachments. 
1.2023-1018-LCS-R25-MB Outstanding Reports Summary .pdf

Report Number 2023-1018-LCS-R25-MB, Unfinished Business - Summary of Outstanding Reports for October 18, 2023

  • 287-2023
    Moved ByKimberly DeYong
    Seconded ByLarry Verbeke

    That Essex County Council receive report number 2023-1018-LCS-R25-MB, Summary of Outstanding Reports as information. (Voted by show of hands)

    Carried

14.
New Business

 

14.1
Notice of Motion from October 4, 2023 Regarding the Rescinding of By-law 2023-40 

 

Sherry Bondy brought forward the following Notice of Motion at the October 4, 2023 meeting:


That By-law 2023-40, being a By-law to transfer all power of the lower-tier municipalities of the County of Essex with respect to the collection of waste and the delivery of such waste in the County of Essex, be rescinded and repealed, by a vote of a simple majority of members of County Council.

Discussion included the potential for the by-law being enacted at some time in the future, if one of the local municipalities reconsidered their decision opposing regional waste at some point in the future, as well as the consequences of rescinding By-law 2023-40 at this time.

Mary Birch explained that under the Procedure By-law, electing to rescind By-law 2023-40 would result in the subject not being able to be considered by County Council again during the current term of Council.

Discussion further included the merits and risks of maintaining By-law 2023-40 should the need to enact it arise before the end of the term in 2026.

  • 288-2023
    Moved BySherry Bondy
    Seconded ByRob Shepley

    That By-law 2023-40, being a By-law to transfer all power of the lower-tier municipalities of the County of Essex with respect to the collection of waste and the delivery of such waste in the County of Essex, be rescinded and repealed, by a vote of a simple majority of members of County Council. (Voted electronically)

    In Favour (7)Sherry Bondy, Rob Shepley, Dennis Rogers, Kimberly DeYong, Kirk Walstedt, Michael Akpata, and Mark Carrick
    Opposed (6)Tracey Bailey, Larry Verbeke, Michael Prue, Chris Gibb, Hilda MacDonald, and Gary McNamara
    Carried

15.
Adoption of By-Laws

 
  • 289-2023
    Moved ByLarry Verbeke
    Seconded ByKimberly DeYong

    That By-laws 2023-49 and 2023-51, having been read a first, second and third time, be finally passed and enacted. (Voted electronically)

    In Favour (13)Tracey Bailey, Larry Verbeke, Michael Prue, Chris Gibb, Sherry Bondy, Rob Shepley, Dennis Rogers, Kimberly DeYong, Kirk Walstedt, Michael Akpata, Hilda MacDonald, Gary McNamara, and Mark Carrick
    Carried

15.1
By-law Number 2023-49

This item has attachments. 
1.Bylaw 202349 A Bylaw to Authorize a Road User and Easement Agreement with Walker Aggregates Inc.pdf

A By-law to authorize the execution of a Road User and Easement Agreement with Walker Aggregates Inc.

15.2
By-law Number 2023-51

This item has attachments. 
1.2023-51 Confirmatory By-law for October 18, 2023.pdf

Being a By-law to confirm the proceedings of the Council of the Corporation of the County of Essex, for the October 18, 2023 Special and Regular meetings. 

16.
Notice of Motion

 

16.1
Traffic Control Study at the intersection of County Rd 9 and Alma Road

 

Michael Prue brought forward the following Notice of Motion:


Whereas Amherstburg Town Council has voted at their October 10, 2023 meeting to direct Mayor Prue and/or Deputy Mayor Gibb to introduce a Notice of Motion to County Council requesting a Traffic Control Study at the intersection of County Rd 9 and Alma Road; And whereas this intersection is owned by the County of Essex and is located within the Municipality of Amherstburg; Now therefore, Essex County Council requests that County Administration conduct a Traffic Study for the said intersection.

16.2
Cost report regarding by-law 2023-40

 

Gary McNamara brought forward the following Notice of Motion:

That Administration prepare a report disclosing all costs incurred on the Regional Waste initiative, including costs of administration and consultants of both the Essex Windsor Solid Waste Authority and the County of Essex.


 

17.
Adjournment

 
  • 290-2023
    Moved ByChris Gibb
    Seconded ByMark Carrick

    That the Essex County Council meeting for October 18, 2023 be adjourned at 8:40 PM.

    Carried
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