The Corporation of the Town of Essex Regular Council Meeting July 4, 2016 A Regular Meeting of the Council of the Town of Essex was held on Monday, July 4, 2016 at 6:05 PM in the County of Essex Council Chambers, 360 Fairview Avenue West, Ontario. 1. Roll Call Present: Absent: Also Present: Mayor Ron McDermott Ward 1 Councillor Randy Voakes Ward 3 Councillor Bill Caixeiro Ward 3 Councillor Larry Snively Ward 4 Councillor Sherry Bondy Deputy Mayor Richard Meloche Ward 1 Councillor Steve Bjorkman Tracey Pillon-Abbs, Chief Administrative Officer Chris Nepszy, Director of Infrastructure and Development Rick Arnel, Fire Chief Cynthia Cakebread, Manager, Recreation and Culture Jeffrey Morrison, Manager, Business Services & Finance Tara McGowan, Manager, Human Resources Rob Auger, Clerk Robin Hall, Administrative Assistant Mayor McDermott introduced the Town s new Chief Administrative Officer, Tracey Pillon- Abbs. Mrs. Pillon-Abbs thanked Council for the opportunity to work with Council and staff to implement the strategic plan. 2. Declarations of Conflict of Interest There were no declarations of conflict interest noted. 3. Adoption of Published Agenda a) Monday, July 4, 2016 Regular Council Meeting Agenda (R16-07-268) That the published agenda for the July 4, 2016 Regular Council Meeting, be adopted with the following additions: 1) The Clerk advised that he will be providing a verbal update under Reports from Administration on the Closed Meeting held earlier this evening; Regular Council Meeting Minutes July 4, 2016 Page 1 of 10
2) Councillor Voakes advised that he would like clarification on the events that transpired at the last Council Meeting and that under New Business he will be asking the Mayor for his resignation. Discussion and debate then ensued concerning this proposed addition to New Business and concerning the events that transpired at the last Council Meeting. The Mayor called a 10 minute recess at 6:25 PM and reconvened at 6:35 PM. The discussion and debate concluded and the proponent of the proposed New Business item advised that it was no longer necessary to add this item under New Business as the matter had now been discussed; and 3) Councillor Caixeiro asked that Carol Quick be added to the agenda and allowed to address Council under Public Presentations on the stop sign at Jackson and Sullivan Street in Ward 3. He advised that it was urgent because of public safety. Seconded by Councillor Voakes (R16-07-269) That Carol Quick be allowed to address Council under Public Presentations as item b). Carried 4. Adoption of Minutes a) June 6, 2016 Regular Council Meeting Seconded by Councillor Voakes (R16-07-270) That the minutes of the June 6, 2016 Regular Council Meeting, be adopted as circulated. Carried b) June 20, 2016 Regular Council Meeting Moved by Councillor Bondy (R16-07-271) That the minutes of the June 20, 2016 Regular Council Meeting, be adopted as circulated. Carried 5. Public Presentations a) Louise Tourangeau-Harrison Bike trail/sidewalk on Fairview Avenue Louise Tourangeau-Harrison appeared before Council with concerns about a proposed multi-use trail that would affect her property located on the corner of Irwin and Fairview Avenue. She felt that a multi-use trail would de-value her property and suggested that Council use the money in the recreation facilities. Regular Council Meeting Minutes July 4, 2016 Page 2 of 10
Ms. Tourangeau-Harrison noted four proposals or recommendations in order of preference that she would like Council to consider before approving this project: 1) That Planner s would consider the layout of her property and allow for a paved shoulder on the north side of the street for multi-use ; 2) that the bike trail begin on the far side of her driveway connected to a paved shoulder at the corner; 3) that the bike plan be flipped with the path to be across the street; and 4) propose sidewalks on both sides of the street. Chris Nepszy, Director of Infrastructure and Development stated that the project is very preliminary and that public consultation including an open house would be held to receive comments from the public, prior to approving this type of project. Moved by Councillor Bondy Seconded by Councillor Snively (R16-07-272) That Louise Tourangeau-Harrison s presentation citing her concerns and noted recommendations to a proposed multi-use trail abutting her property at the corner of Fairview Avenue and Irwin Street, be received. Carried b) Carol Quick of 55 Sullivan Street in Colchester appeared before Council on behalf of the residents and public using the harbor and park. Mrs. Quick thanked the Director of Infrastructure and Development for painting white lines on the street and installing a larger stop sign in an attempt to make the stop more visible. She advised that the newly painted white lines and a larger stop sign doesn t seem to be enough as vehicles are still driving through the stop sign. (R16-07-273) That a solar powered flashing red light be added to the stop sign together with an additional line denoting stop to be painted on the road at the intersection and if possible Authorized Vehicles Only signage to be placed at the entrance to the harbor in an attempt to stop congestion in the ramp area. Carried 6. Unfinished Business 7. Reports from Administration a) Corporate Services Clerk s Report on the Closed Council The Clerk provided a verbal report from the Closed Council Meeting held earlier this evening, to discuss the disposition of lands including land on the west side of Gesto Sideroad. 8. Reports from Youth Members Regular Council Meeting Minutes July 4, 2016 Page 3 of 10
9. County Council Update 10. Correspondence a) Correspondence to be received by Council: i. Letters supporting -Town of Essex Resolution R16-05-180 Widening Highway 3 to Improve Public Safety a) Town of Lakeshore b) Elgin County c) Municipality of Leamington ii. iii. Email Donna Hunter, Acting C.AO. and Director of Corporate Services Correspondence from the Standards, Policy and Compliance Branch Accessibility Directorate of Ontario Re: File Review Accessibility for Ontarians with Disabilities Act, 2005 Correspondence advising that Town has successfully completed a file review for AODA compliance Department of Corporate Services - Memorandum to Senior Management Re: 2017 Budget and Five-Year Financial Plan Memo prepared by Donna Hunter, Director of Corporate Services/Treasurer, dated June 15, 2016 advising Senior Management of the commencement of the 2017 budget process and the finalization of the five-year financial plan covering the years 2017 to 2021. iv. Essex Retirees Social Club Re: Community Partnership Grants Correspondence from the Essex Retirees Social Club advising Council that the yearly Community Partnership Grant is of utmost importance to their existence. v. Pelham Niagara Resolution Supporting Town of East Gwillimbury s Report re: Strategic Energy Initiatives Hydro One Correspondence supporting the Town of East Gwillimbury s report and resolution that asks that the province give more equitable financial treatment to municipalities served by Hydro One. vi. Ministry of Transportation Re: Response the Town s resolution requesting the completion of widening Highway 3 from Essex to Leamington Correspondence from the Ministry of Transportation s Regional Director, Jennifer Graham Harkness, dated June 29, 2016 assuring that the Ministry is committed to widening the remaining two-lane portion of High 3 between Windsor and Regular Council Meeting Minutes July 4, 2016 Page 4 of 10
Leamington to four lanes, and that it is listed in the 2015-2019 Southern Highways Program and must be considered along with other provincial priorities for highway expansion. (R16-07-274) That correspondence listed in Agenda Items 10 (a) (i) to (vi) be received and where indicated, to further share such information with the community using suitable methods of communication. Carried In regard to Correspondence item 10)( vi) Direction was further provided to Administration to send correspondence to the Ministry of Transpotation requesting a direct meeting as soon as possible with the Minister concerning the completion of the widening of Highway 3, notwithstanding the noting of the potential to meet with the Minister at the upcoming AMO conference in August 2016. b) Correspondence to be considered for receipt and support by Council: i. City of Kenora Resolution Requesting the Provincial Government to ban door-to-door sales for electricity and natural gas contracts by passing the Strengthening Consumer Protection and Electricity System Oversight Act, 2015 Moved by Councilor Caixeiro Seconded by Councilor Snively (R16-07-275) That correspondence from the City of Kenora, dated June 14, 2016 advising that they passed a resolution requesting the Provincial Government to ban all door-todoor sales in the home services sector (more specifically the sale or lease of HVAC equipment, water heaters, water filtration systems and other related home energy products and services by door-to-door sales agents) by passing the Strengthening Consumer Protection and Electricity System Oversight Act, 2015, be received and supported. Carried ii. Teachers of English as a Second Language (Ontario) Teachers of English as a Second Language Week November 20 26, 2016 (R16-07-276) That correspondence from Teachers of English as a Second Language (TESL) Ontario, dated June 17, 2016 asking that Council declare the week of November 20 26, 2016 as English as Second Language Week in the Town of Essex be received; that Council supports their request and proclaims that: Regular Council Meeting Minutes July 4, 2016 Page 5 of 10
Whereas Ontario has been the destination of choice for many immigrants who have added to the diversity of the province by bringing their culture, customs and language, even as they endeavor to acquire the ability to communicate in English; And Whereas the community of English as a Second Language learners are represented in all aspects of society. They are students in elementary and secondary schools, universities, colleges, public and private schools, adults education students pursuing literacy and basic skills, participate in workplace-training programs, researchers and subjects, volunteers and workers, employees and business owners, labourers and professionals, neighbours and friends; And Whereas the professional organization Teachers of English as a Second Language (TESL) Ontario hosts a conference in Toronto each year consisting of workshops, research symposia and a technology fair to maintain and expand the skills and abilities of its members; Now Therefore I, Mayor Ron McDermott on behalf of the Town of Essex Council, do hereby proclaim the week of November 20 26, 2016, as English as a Second Language Week in the Town of Essex. Carried 11. Committee Meeting Minutes a) Finance Committee June 28, 2016 (FC-2016-06-007) Recommendation to Council: That the request by Noah Homes to waive property taxes on 11 lots for the period commencing September 2015 to the date that the moratorium is lifted in the approximate amount of $9,127.26 (based on 2015 tax rates) be denied and that, prior to the lifting of the moratorium, the Town issue media releases outlining the work that has been done to mitigate flooding issues and announcing that the Town is ready to start developing again by lifting the moratorium. (FC-2016-06-008) Recommendation to Council: That the waiver of fees in the amount of $23.00 per hour for a total value of approximately $1,200 be provided for the facility rental for the Girl Guides of Canada, Ontario Council to December 31, 2016 through the Essex Community Partnership Fund and that it be noted to the Girl Guides of Canada, Ontario Council that they continue to look at other options for facilities as the Town normally requires a higher percentage of participation by Town of Essex residents. (FC-2016-06-009) Recommendation to Council: That the waiver of fees in the amount of $141.75 for the Harrow Rotary Run to Remember be approved from the Essex Community Partnership Fund and that, if there are plans to continue Regular Council Meeting Minutes July 4, 2016 Page 6 of 10
this event for 2017, the Harrow Rotary complete their application for funding by September 30, 2016. (FC-2016-06-010) Recommendation to Council: That the waiver of fees in the amount of $587.63 for the New Year s Celebration be approved from the Essex Community Partnership Fund and that the Chamber be advised that this is not a long-term commitment and that they may wish to look at a Business Improvement Area for Harrow as a source of long-term funding. (FC-2016-06-011) Recommendation to Council: That reimbursement of the building permit fee for the Phase 3 expansion be provided to STC Construction working on behalf of Enerquest in the amount $20,500, representing the building permit fee of $22,000 less $1,500 for work performed by the building department to issue the permit (i.e. site plan review). (FC-2016-06-012) Recommendation to Council: That the request for the waiver of penalty by Mr. and Mrs. McAdam related to Roll Number 620 000 00200 0000 be denied. b) Arts, Culture and Tourism (ACT) March 9, 2016 April 13, 2016 June 15, 2016 c) Committee of Adjustment Meeting May 17, 2016 d) Fun Fest June 8, 2016 June 22, 2016 (R16-07-277) That the Committee Meeting Minutes in items 11. a) through d) be received, adopted and the recommendations contained therein be approved as presented. Carried 12. Financial 13. New Business 14. Notices of Motion 15. Announcements a) Councillor Caixeiro announced that there are still Fun Fest passes available. 16. By-Laws a) By-Laws that require a third and final reading: i. By-Law Number 1514 Being a by-law to provide for the Jenner Drain (Grondin Enclosure Replacement) at 7053 County Road 11 Regular Council Meeting Minutes July 4, 2016 Page 7 of 10
Seconded by Councillor Snively (R16-07-278) That By-Law Number 1514 being a by-law to provide for the Jenner Drain (Grondin Enclosure Replacement) at 7053 County Road 11 be read a third time and finally passed on July 4, 2016. Carried ii. By-Law Number 1528 Being a by-law to authorize the execution of a lease agreement between the Town of Essex and the St. Anthony of Padua St. Vincent de Paul Society Food Bank for the operation and storage space for a food bank at the Harrow Soccer Complex located at 2225 Roseborough Road, Harrow, Ontario (R16-07-279) That By-Law Number 1528 being a by-law to authorize the execution of a lease agreement between the Town of Essex and the St. Anthony of Padua St. Vincent de Paul Society Food Bank for the operation and storage space for a food bank at the Harrow Soccer Complex located at 2225 Roseborough Road, Harrow, Ontario be read a third time and finally passed on July 4, 2016. Carried iii. By-Law Number 1533 Being a by-law for the declaration of surplus lands by The Corporation of the Town of Essex Moved by Councillor Voakes (R16-07-280) That By-Law Number 1533 being a by-law for the declaration of surplus lands by The Corporation of the Town of Essex be read a third time and finally passed on July 4, 2016. Carried iv. By-Law Number 1534 Being a by-law to confirm the proceedings of the June 20, 2016 Regular Meeting of the Council of The Corporation of the Town of Essex Seconded by Councillor Snively (R16-07-281) That By-Law Number 1534 being a by-law to confirm the proceedings of the June 20, 2016 Regular Meeting of the Council of The Corporation of the Town of Essex be read a third time and finally passed on July 4, 2016. Carried b) By-Laws that require a first, second, third and final reading: i. By-Law Number 1530 Being a by-law to amend By-Law Number 1037 The Comprehensive Zoning By-Law for the Town of Essex Regular Council Meeting Minutes July 4, 2016 Page 8 of 10
(Re: 2115 County Road 12) Seconded by Councillor Voakes (R16-07-282) That By-Law Number 1530 being a by-law to amend By-Law Number 1037 The Comprehensive Zoning By-Law for the Town of Essex be read a first, a second and a third time and finally passed on July 4, 2016. Carried ii. By-Law Number 1537 Being a by-law to appoint a Chief Administrative Officer for the Town of Essex Moved by Councillor Voakes (R16-07-283) That By-Law Number 1537 being a by-law to appoint a Chief Administrative Officer for the Town of Essex be read a first, a second and a third time and finally passed on July 4, 2016. Carried iii. By-Law Number 1532 Being a by-law to authorize the lease of Farmland on Part of Lots 31 to 33 Concession North Malden Road (NMR), Geographical Township of Colchester now in the Town of Essex (Re: Never Rest Farms Ltd.) Seconded by Councillor Snively (R16-07-284) That By-Law Number 1532 being a by-law to authorize the lease of Farmland on Part of Lots 31 to 33 Concession North Malden Road (NMR), Geographical Township of Colchester now in the Town of Essex be read a first, a second and a third time and finally passed on July 4, 2016. Carried iv. By-Law Number 1538 Being a by-law to amend By-Law Number 936, Property Standards for Maintenance and Occupancy, being a by-law to prescribe standards for the maintenance and occupancy of property within the Town of Essex, and prohibiting the occupancy or use of such property that does not conform to the standards; and for requiring property below the standards prescribed herein to be repaired and maintained to comply with the standards, or lands thereof to be cleared of all buildings and structures and left in a graded and level condition. Moved by Councillor Bondy (R16-07-285) That By-Law Number 1538 being a by-law to amend By-Law Number 936, Property Standards for Maintenance and Occupancy, being a by-law to prescribe standards for the maintenance and occupancy of property within the Town of Essex, and prohibiting the occupancy or use of such property that does not conform to the standards; and for Regular Council Meeting Minutes July 4, 2016 Page 9 of 10
requiring property below the standards prescribed herein to be repaired and maintained to comply with the standards, or lands thereof to be cleared of all buildings and structures and left in a graded and level condition be read a first, a second and a third time and finally passed on July 4, 2016. Carried c) By-Laws that require a first and second reading: i. By-Law Number 1531 Being a by-law to Amend By-Law Number 1037 The Comprehensive Zoning By-Law for the Town of Essex (Re: 470 Jackson Street) (R16-07-286) That By-Law Number 1531 being a by-law to Amend By-Law Number 1037 The Comprehensive Zoning By-Law for the Town of Essex be read a first and a second time and provisionally adopted on July 4, 2016. Carried ii. By-Law Number 1539 Being a by-law to confirm the proceedings of the July 4, 2016 Regular Meeting of the Council of The Corporation of the Town of Essex (R16-07-287) That By-Law Number 1539 being a by-law to confirm the proceedings of the July 4, 2016 Regular Meeting of the Council of The Corporation of the Town of Essex be read a first and a second time and provisionally adopted on July 4, 2016. Carried 17. Adjournment (R16-07-288) That the meeting be adjourned at 8:45 PM. Carried Mayor Clerk Regular Council Meeting Minutes July 4, 2016 Page 10 of 10