Essex County Council Regular Meeting Minutes

Wednesday, September 16, 2020

Meeting Time: Closed Meeting 6:30 P.M.; Regular Meeting 7:00 P.M.

Council Chambers, 2nd Floor

360 Fairview Avenue West

Essex, Ontario N8M 1Y6

519-776-6441, ext. 1335

Council:

• Gary McNamara, Warden, Mayor, Town of Tecumseh
• Joe Bachetti, Deputy Mayor, Town of Tecumseh
• Tracey Bailey, Deputy Mayor, Town of Lakeshore
• Tom Bain, Mayor, Town of Lakeshore
• Marc Bondy, Mayor, Town of LaSalle
• Aldo DiCarlo, Mayor, Town of Amherstburg
• Hilda MacDonald, Mayor, Municipality of Leamington
• Crystal Meloche, Deputy Mayor, Town of LaSalle
• Leo Meloche, Deputy Mayor, Town of Amherstburg
• Richard Meloche, Deputy Mayor, Town of Essex
• Nelson Santos, Deputy Warden, Mayor, Town of Kingsville
• Gord Queen, Deputy Mayor, Town of Kingsville
• Larry Snively, Mayor, Town of Essex
• Larry Verbeke, Deputy Mayor, Municipality of Leamington

Administration:

• Mary Birch, Director of Council & Community Services/Clerk
• Rob Maisonville, Chief Administrative Officer
• Jane Mustac, Director of Infrastructure Services/County Engineer
• Renée Trombley, Manager Communications and Organizational Development
• Katherine Hebert, Deputy Clerk
• Danielle Dunlop, Council and Community Services Administrative Assistant

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1.

Closed Meeting

There was a Closed Meeting scheduled for 6:30 PM. 

• 169-2020
  Moved By Gord Queen
  Seconded By Marc Bondy

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

  • A proposed or pending acquisition of land by the municipality
  • Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality.
  Carried
• 171-2020
  Moved By Larry Verbeke
  Seconded By Leo Meloche

  That Council rise from the closed meeting.

  Carried

2.

Moment of Reflection

3.

Singing of ‘O Canada’

4.

Recording of Attendance

The Warden was present in Council Chambers, while all other members of Essex County Council were in attendance virtually.

5.

Disclosure of Pecuniary Interest

There were no conflicts of pecuniary interest declared.

6.

Adoption of Regular Meeting Minutes

Regular Meeting Minutes for September 2, 2020.

• 172-2020
  Moved By Tom Bain
  Seconded By Richard Meloche

  That the minutes of the September 2, 2020 Regular Meeting of Essex County Council be adopted as presented.

  Carried

7.

County Warden’s Welcome and Remarks

Before welcoming and providing remarks, the Warden asked  Deputy Warden Nelson Santos to sit as Acting Chair during agenda items 11.4 and 13.2, so that he could participate in the discussion.

The Warden remarked:

"I would like to begin by expressing my condolences to the family and friends of those who have died from COVID-19. We have now lost 76 Windsor-Essex residents to this terrible virus and we must all do our part to keep that number from growing.

There were nine new cases of COVID-19 reported in Windsor-Essex this morning and another five the day before. Ontario reported more than 300 new cases of COVID-19 today, the disquieting continuation of an upward trend.

The bulk of those cases are not in Windsor-Essex, but that is no cause for complacency. Tomorrow, our medical officer of health is expected to share more information about a second community cluster, over and above the cluster that resulted in nearly 40 positive cases.

There is no mystery to these clusters, and no magic to the spread of COVID-19. It spreads, exponentially, when people interact outside their social bubbles. When people gather indoors and don’t wear masks. It spreads quickly and easily and it does not discriminate. We are all vulnerable and we must all protect each other.

I know the warnings from health officials have grown stale. I know you are suffering from COVID fatigue. I know the reopening of our economy is fueling a false sense of security and the illusion that the worst is behind us. But the worst may yet come if we don’t buckle down and make smart, sensible choices.

When you are meeting a friend or an acquaintance, you are, in effect, meeting everyone they’ve met over the previous two weeks. That’s a big risk to take, one too many people are taking. We know how to limit that risk: Avoid large gatherings. Wear masks. Wash Your hands. Stay home if you feel sick and get yourself tested.

Our focus as a region has rightly been on COVID-19 these past few months, but there has also been work behind the scenes on another pressing threat: Climate Change. Some of the best and brightest minds in this region are working on a Regional Energy Plan – a plan that will identify strategies to reduce emissions while promoting innovation, green growth and increased employment.

I am honoured to serve as Chair of the Regional Energy Plan’s Community Task Force. And I’m committed to backing up the County’s Climate Change Emergency declaration with concrete action. 

Members of the task force are here tonight to tell us where we are and how we can work together, as individuals and as a region, to get to where we need to be.

I don’t want to steal their thunder but I will say this: We have to focus on opportunity and not on cost when it comes to improving our energy efficiency and building a diverse and green economy. The transformation won’t  be easy, but the jobs and growth are there if we can commit to a common vision of sustainable prosperity."

8.

Delegations and Presentations

• 173-2020
  Moved By Marc Bondy
  Seconded By Larry Snively

  That Mr. Garforth, Ms. Hall and Ms. Belanger be permitted to address County Council.

  Carried

8.1

Essex County Regional Energy Plan (ECREP)

Peter Garforth, Garforth International, Susan Hall, Lura Consulting, Warden Gary McNamara, Chair of the ECREP Community Task Force, and Rebecca Belanger, Manager of Planning Services, County of Essex

Susan Hall and Peter Garforth provided Council with an update on the Essex County Regional Energy Plan (ECREP). Ms. Hall explained that the team was working to established baseline energy benchmarks, while Mr. Garforth outlined the emissions reduction targets, with an emphasis on creating jobs and a sustainable economy.

Warden Gary McNamara, the Chair of the Community Task Force working on the plan, noted that the goal was to increase energy efficiency by at least 50 per cent by 2041, to reduce greenhouse gas emissions by 50 per cent by 2041 and to achieve net zero emissions by 2050.  He further noted an additional goal to create at least 1,000 jobs by 2025, and return at least $15 billion to the local economy by 2041.

Council was informed that this region’s per capita emissions were higher than the national and provincial averages, and five times higher than global best practices. Energy use in the residential sector was the same as the Canadian average, however, it was more than twice global best practice. 

Warden McNamara thanked the presenting Committee and encouraged the public to complete the climate survey on the County of Essex website. He concluded the presentation with a note that we all need to reduce our carbon footprint.

• 174-2020
  Moved By Crystal Meloche
  Seconded By Leo Meloche

  That County Council receive the report for information.

  Carried

9.

Communications

9.1

Correspondence

• 175-2020
  Moved By Tracey Bailey
  Seconded By Larry Verbeke

  That the correspondence listed on the regular agenda for September 16, 2020 be received and any noted action approved. 

  Carried

9.1.1

Town of Essex 

August 25, 2020 -  Copy of correspondence supporting the County of Essex Resolution RE Federal Assistance for People with Disabilities – COVID-19 Pandemic.

9.1.2

Township of Huron-Kinloss

August 28, 2020 - Copy of correspondence RE: supporting Municipality of Chatham-Kent resolution in support of Private Member's Bill M-36 - Emancipation Day.

9.1.3

Township of Huron-Kinloss

August 28, 2020 - Copy of Correspondence supporting City of Oshawa's resolution RE Funding Assistance for Communities Impacted by COVID-19.

9.1.4

Township of Puslinch

September 2, 2020 - Copy of correspondence RE: supporting Town of Gore Bay Resolution RE COVID-19 Funding Support.

9.1.5

Municipality of Tweed

August 25, 2020 - Resolution RE Cannabis Production Facilities

9.1.6

Letter to the Hon. Christine Elliott, Deputy Premier and Minister of Health

September 1 - Joint letter from Anthony Paniccia, Chair of the Board of Directors, Windsor Regional Hospital, Brian Payne, Chair of the Board of Directors, Hôtel-Dieu Grace Healthcare, Janice Kaffer, President and CEO, Hôtel-Dieu Grace Healthcare, and David Musyj, President and CEO, Windsor Regional Hospital dated September 1, 2020

9.1.7

Windsor-Essex County Health Unit (WECHU)

September 2, 2020 - Copy of correspondence RE Town of Essex Request for Raw Data on Positive CID-19 Cases in Essex County.

9.1.8

Windsor-Essex County Health Unit (WECHU)

September 2, 2020 - Copy of correspondence RE Town of Kingsville Request for more detailed information and data regarding the spread of COVID-19 in Essex County

9.1.9

Windsor-Essex County Health Unit (WECHU)

September 2, 2020 - Copy of correspondence RE Town of Amherstburg request for more detailed information and data regarding the spread of COVID-19 in Essex County. 

9.1.10

Association of Municipalities of Ontario (AMO) - Communication

September 3, 2020 - AMO Watchfile Online Edition

9.1.11

Association of Municipalities of Ontario (AMO) - Communication

September 10, 2020 - AMO Watchfile Online Edition 

9.1.12

Association of Municipalities of Ontario (AMO) - Policy

September 4, 2020 - AMO Policy Update – Emergency Exercise Exemption, Child Care, and Great Lakes Investments

9.2

Resolutions

There were no resolutions for consideration for September 16, 2020.

10.

Consent Agenda

• 176-2020
  Moved By Joe Bachetti
  Seconded By Hilda MacDonald

  That the recommendation in the Administrative Report listed as item 10.1 on the Consent Agenda for September 16, 2020.

  Carried

10.1

Approval of Invoices - Legal and Consulting Services

Report number 2020-0916-ADM-R013-RM, Approval of Invoices - Legal and Consulting Services dated September 16, 2020 from Robert Maisonville, Chief Administrative Officer.

11.

Reports and Questions

11.1

Appointment to the Essex County Accessibility Advisory Committee (ECAAC) for the Remainder of the Term (Ending in 2022)

Report 2020-0916-CCS-R06-MB, dated September 16, 2020, from Mary Birch, Director of Council and Community Services/Clerk. 

• 177-2020
  Moved By Nelson Santos
  Seconded By Gord Queen

  That the minutes of the Striking Committee for September 2, 2020 be adopted and that Essex County Council approve the appointment of Rachel Jewell to the Essex County Accessibility Advisory Committee for the remainder of the current term, ending in 2022.

  Carried

11.2

Load Sharing Agreement By-law and Generator Maintenance Service Repair Contract

Report number 2020-0916-ISD-R026-JM, dated September 16, 2020, from Jane Mustac, Director of Infrastructure Services Department/County Engineer

Jane Mustac reported to Council on a housekeeping initiative, which dealt with the expiration of a generator agreement that encompassed both maintenance services and load sharing for two generators. The expiration allowed for a new, stand-alone agreement to be entered into with Essex Energy, and a By-law was presented for endorsement of this agreement.

Ms. Mustac further recommended that the County enter into a 5-year service contract with Cangen Power, which included 14 County locations (EMS Stations and Road Depots).

• 178-2020
  Moved By Marc Bondy
  Seconded By Hilda MacDonald

  That Council authorize the proposed Load Sharing Agreement with Essex Energy and enact By-law 2020-33 to this regard; and

  That Council authorize a contract with Cangen Power for Generator Maintenance Services for the total amount of $204,100 plus HST, for a five (5) year term.

  Carried

11.3

County Road 19 Improvements

Report number 2020-0916-ISD-R027-JM County Road 19 Improvements, dated September 16, 2020, from Jane Mustac, Director of Infrastructure Services Department/County Engineer  

Jane Mustac reported to Council on the final phase of the intersection widening at County Road 19 (Manning) and County Road 22. Ms. Mustac noted that this final phase would complete the fourth leg of the improvements that began in 2019. She further advised that Dillon Consulting had assisted on the complex project from the beginning, and reported that the interim solution improved the service and operations for County Road 19.

Ms. Mustac further noted that the ultimate solution would include a large project that was not yet planned for, but that, with Provincial funding, was hoped to take place in the near future and she indicated that property offers would be provided to the land owner in advance, to prepare for the final solution and eliminate a need to revisit the property owners.

Leo Meloche questioned the impact on local businesses and whether or not they had been contacted.

Ms. Mustac confirmed that letters were sent out to every affected business owner, and that access remained and no concerns were received.

Warden McNamara indicated that the Town of Tecumseh did not receive pre-notification and there had not yet been an opportunity for communications with the municipality. He requested that the County communicate with the Town of Tecumseh as soon as possible. The Warden questioned the lane size and width of the road, inquiring if the road lanes should be 5-wide instead of 4-wide.

Ms. Mustac confirmed that the final design was taking the lane requirements into consideration.

• 179-2020
  Moved By Marc Bondy
  Seconded By Tom Bain

  That County Council authorize the execution of By-law 2020-34 for the expropriation of certain lands for the widening of a portion of County Road 19 south of County Road 22; and

  By-Law 2020-35 to support individual negotiations with the property owners through the County Solicitor.

  Carried

11.4

Request from Town of Tecumseh - Boundary Adjustment Agreement

Verbal Report regarding the Request from Town of Tecumseh Boundary Adjustment Agreement dated September 16, 2020 from Robert Maisonville, Chief Administrative Officer.

Warden McNamara requested that Nelson Santos, Deputy Warden, assume the responsibilities of Chair for agenda item 11.4, being the Request from the Town of Tecumseh - Boundary Adjustment Agreement as he would be participating in discussion in the interest of the Town of Tecumseh.

Robert Maisonville provided a verbal report to Council regarding the request from the Town of Tecumseh to move forward with the 2002 Boundary Adjustment Agreement. Mr. Maisonville noted that, while County Administration supported the recommendations, timing with respect to the full build, in conjunction with the County Road 42 build, should require an amendment to the Environmental Assessment (EA) to deal with wider property and additional land space requirements. Additional costs, timing, drainage and water capacity improvements were all noted as Administration concerns.

Gary McNamara discussed the history of the 2002 agreement and the impact on the local community. He requested the endorsement of Council to pursue the 2002 agreement and impose a project commencement deadline of 2023.

Considerable discussion took place on the matter and a recorded vote was requested.

• 180-2020
  Moved By Gary McNamara
  Seconded By Larry Snively

  THAT Council direct Administration to honour the County’s obligations set out in the 2002 Boundary Adjustment Agreement;
  and complete a detailed design that is consistent with the recommended solution identified within the 2009 County Road 43 Environmental Study Report, with construction to be commenced no later than 2023.

  In Favour (14)

  Gary McNamara, Joe Bachetti, Tracey Bailey, Tom Bain, Marc Bondy, Aldo DiCarlo, Hilda MacDonald, Crystal Meloche, Leo Meloche, Richard Meloche, Nelson Santos, Gord Queen, Larry Snively, and Larry Verbeke

  Carried (14 to 0)

11.5

Town of Lasalle - Connecting Link Agreement Amendment Request

Verbal Report from Rob Maisonville, CAO, regarding the Request from the Town of LaSalle to amend the boundaries in their Connecting Link Agreement.

Warden McNamara returned to the Chair and thanked Deputy Warden Santos for stepping in for the previous discussions. Rob Maisonville provided a verbal report regarding the Connecting Link Agreement with LaSalle, and the request from the Town to move the boundaries. Mr. Maisonville advised that the technical aspects were being worked through with the Town and that a By-law would be brought to Council on the October 7, 2020 meeting.

• 181-2020
  Moved By Marc Bondy
  Seconded By Tom Bain

  THAT Council receive the report Verbal Report from Rob Maisonville, CAO, regarding the request from the Town of LaSalle to amend boundaries in their Connecting Link Agreement.  

  Carried

12.

Unfinished Business

There was no unfinished business for September 16, 2020.

13.

New Business

13.1

Public Reporting of Closed Meeting

A Closed Meeting of Essex County Council was held at 6:30 p.m., prior to the regular Council meeting this evening, pursuant to Section 239 (2) (c) and (e) of the Municipal Act, 2001.

Administration provided Council with an update on legal matters and proposed pending acquisition of land.

13.2

Reserve Lands Limiting Access on County Road 42, as Related to Essex County By-law 50-2019

At the regular meeting of County Council on September 2, 2020 Joe Bachetti made a Notice of Motion pertaining to Reserve Lands Limiting Access on County Road 42, as related to Essex County By-law 50-2019.

Whereas By-law 50-2019 is a By-law that seeks to create a 0.3-metre (one foot) reserve limiting additional access onto County Road 42 from City of Windsor municipal limit, through the Town of Tecumseh to Pike Creek in the Town of Lakeshore;

And Whereas this By-law includes that portion of County Road 42 that extends through the Tecumseh Hamlet in the Town of Tecumseh;

And Whereas Council Report #2019-1120-IS-R030-JM recommended the adoption of the By-Law 50-2019, and stated: “As recommended in the EA, a 0.3 metre (one (1) foot) reserve limiting additional access onto CR 42 has been identified on the property plans.”;

And Whereas this is contrary to the County approved Lauzon Parkway Improvements, Environmental Study Report (ESR), and the County Official Plan, as outlined in the Technical Background to this motion.;

Now Therefore Be It Resolved That direction be given to County Administration to prepare an amendment to By-Law 50-2019 for County Council’s consideration, with said amendment to remove the 0.3 metre (one-foot) reserve within the Tecumseh Hamlet Settlement Area, more specifically described as follows:

• Parts 2, 4, 6, 8, 9, 10, 12, 13, 15, 16, 17, 32, 33, 36, 37, 40, 41, 44 and 45 of 12R-27997;
• Parts 2, 4, 6, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29, 31, 33, 35, 37, 39, 41, 44, 46, 49, 51, 53, 55, 58, 61, 65, 67 and 69 of 12R-27999;
• Parts 2, 3, 6, 7, 10, 11, 15, 18, 20, 22, 23, 26, 27, 30, 31, 34, 35, 38, 39, 42, 44, 45, 48, 49, 52, 53, 56, 57, 60, 61, 64, 65, 68, 69, 72, 73, 76, 77, 80, 81, 84, 85, 87, 90, 91 and 94 of 12R-28003;
• Parts 17, 20 and 21 of 12R-28000.

And further that the said amendment be prepared for County Council’s consideration at their next regular meeting.

David Sundin, County Solicitor, updated Council on the Reserve Lands Limiting Access on County Road 42. He noted that some of the lands fall within the official Tecumseh area and there was a need to remove that reserve. Mr. Sundin indicated that it was possible for the County to do so by amending the By-law to remove those lands, and passing a subsequent By-law incorporating the lands into the highway itself.

• 182-2020
  Moved By Marc Bondy
  Seconded By Gord Queen

  Whereas By-law 50-2019 is a By-law that seeks to create a 0.3-metre (one foot) reserve limiting additional access onto County Road 42 from City of Windsor municipal limit, through the Town of Tecumseh to Pike Creek in the Town of Lakeshore;

  And Whereas this By-law includes that portion of County Road 42 that extends through the Tecumseh Hamlet in the Town of Tecumseh;

  And Whereas Council Report #2019-1120-IS-R030-JM recommended the adoption of the By-Law 50-2019, and stated:
  “As recommended in the EA, a 0.3 metre (one (1) foot) reserve limiting additional access onto CR 42 has been identified on the property plans.”;

  And Whereas this is contrary to the County approved Lauzon Parkway Improvements, Environmental Study Report (ESR), and the County Official Plan, as outlined in the Technical Background to this motion.;

  Now Therefore Be It Resolved That direction be given to County Administration to prepare an amendment to By-Law 50-2019 for County Council’s consideration, with said amendment to remove the 0.3 metre (one-foot) reserve within the Tecumseh Hamlet Settlement Area, more specifically described as follows:
  • Parts 2, 4, 6, 8, 9, 10, 12, 13, 15, 16, 17, 32, 33, 36, 37, 40, 41, 44 and 45 of 12R-27997;
  • Parts 2, 4, 6, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29, 31, 33, 35, 37, 39, 41, 44, 46, 49, 51, 53, 55, 58, 61, 65, 67 and 69 of 12R-27999;
  • Parts 2, 3, 6, 7, 10, 11, 15, 18, 20, 22, 23, 26, 27, 30, 31, 34, 35, 38, 39, 42, 44, 45, 48, 49, 52, 53, 56, 57, 60, 61, 64, 65, 68, 69, 72, 73, 76, 77, 80, 81, 84, 85, 87, 90, 91 and 94 of 12R-28003;
  • Parts 17, 20 and 21 of 12R-28000;

  And further that the said amendment be prepared for County Council’s consideration at their next regular meeting.

  Carried

13.3

Construction Signs on County Road 14

Larry Verbeke requested that the construction signs on County Road 14, east of County Road 31 be removed now that construction has been completed.

13.4

Closure of County Road 20 at County Road 23 Intersection

Larry Snively questioned is there was any information when County Road 20 at the intersection of County Road 23 would be re-opened after having been closed due to a gas leak in that vicinity.  Jane Mustac indicated that the emergency situation was being handled by the Hazmat Team and OPP and it would be up to them to decide when it was safe to re-open the roads.

14.

Adoption of By-Laws

• 183-2020
  Moved By Tracey Bailey
  Seconded By Aldo DiCarlo

  That By-law(s) 2020-33 through 2020-36, having been read a first, second and third time, be finally passed and enacted. 

  Carried

14.1

By-law Number 2020-33 

Being a By-law to Authorize the Execution of a Standby Generator Operation and Maintenance Agreement with Essex Energy Corporation.

14.2

By-law Number 2020-34

Being a By-law to Authorize the Acquisition of Certain Lands for the Widening of a Portion of County Road 19 to accommodate a Widening of a Portion of County Road 19 from County Road 22 Southerly to South of Jamsyl Drive

14.3

By-law Number 2020-35

Being a By-law to Authorize the Purchase of Certain Lands for the Widening of a Portion of County Road 19 to accommodate a Widening of a Portion of County Road 19 from County Road 22 Southerly to South of Jamsyl Drive.

14.4

By-law Number 2020-36

Being a by-law to confirm the proceedings of the Council of the Corporation of the County of Essex, for September 16, 2020. 

15.

Notice of Motion

There were no notices of motion for September 16, 2020.

16.

Adjournment

• 184-2020
  Moved By Richard Meloche
  Seconded By Nelson Santos

  That the Essex County Council meeting for September 16, 2020 be adjourned at 9:00 PM.

  Carried