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  • ESSEX FREE PRESS

Essex Council meeting notes - April 6, 2021

by Sylene Argent

Request to use Heritage Gardens Park for September event

Former Councillor Randy Voakes approached Council for permission to use the Heritage Gardens Park for an event similar to the one he helped host in the past, “Essex Rocks & Rolls.” The event coupled local businesses, old cars, and music.

  One of the reasons event organizers are planning to host it again, is because of the demand. “Everyone had a good time with it. They enjoyed it,” Voakes said.

  This year’s event, to be hosted on the Tuesday after Labour Day, will be coupled with a 50/50 draw, with the proceeds going to a charity.

  He hoped Council would allow the event to be hosted at the park, that the fee to use the park would be waived, and that the committee would be able to work with Essex Director of Community Services, Doug Sweet.

  Mayor Larry Snively said it is a good event, and said it is good the event was going to be put on.

  Councillor Kim Verbeek said she was grateful to see the event in the agenda and was pleased to see Ken Knapp Ford attached to the event. “We need people that are ready to just step-up and start pulling these kinds of events together for the community. Here’s hoping the Province decides to let us do gatherings of this nature.”

  Councillor Joe Garon offered his resources to Voakes and the organizers to help with the event. Voakes suggested a side event with live entertainment with Garon.

  Sweet suggested the event committee fill out an application with the Town, where it can then be reviewed by the Special Event Resource Team (SERT) Committee. With anything associated with the event where there will be a cost, the SERT committee will let the organizers know if available grants.

  Council moved to support the event.


Noise By-Law Exemption approved for Parkland Estates

A few emails circulated last week regarding the Parkland Estate subdivision, and the need to run pumps and a diesel generator to prevent the sanitary and storm-sewer systems from becoming full of water, CAO Chris Nepszy said.

  At that time, he said, there were about two-days left in regards to the construction of the sanitary trench, which is the deepest.  

  This request is a preventative measure, and may not be needed.

  Although the pump is being ran during working hours, they may be required to dewater through the night, and an exemption to the Noise By-Law would be needed also.The developers will give the Town notice as to when and if the pumps and generator would be operated overnight.

  In Accordance with the Noise Bylaw, an exemption is required to run construction equipment outside the allotted time, which is from 7 am to 8 pm.

  Councillor Steve Bjorkman said concerns were heard from neighbouring residents. He wondered about the timeline of how long this would be needed. He would like the developers to notify the nearby residents of the overnight noise as well.

  Nepszy said, more than likely, is would be for the next several days. Council could put restrictions and requirements linked to an exemption.

  Bjorkman put forward a motion, which Council passed, that the exemption be provided only for the sanitary and storm system needs. If other needs for this arise, then the developer would need to ask for another exemption. In addition, the residents will be notified as to when the equipment will be used overnight. If the expectation is that this will exceed four or five days in a row, further discussion with Council and administration will be required.  


 Update on COVID-19 and Town facilities

CAO Chris Nepszy noted all Town facilities are closed to the public. There is an option for appointment only, if required. Virtual programming is continuing. The Harbour is scheduled to open May 1.


 Front-end Financing for Municipal Capital Facilities approved

Essex Council received the report “Front End Financing for Municipal Capital Facilities and a Policy for Future Large Scale Developments,” and approved having the Town of Essex enter into an Agreement with Essex Town Centre Ltd. for the provision of municipal capital facilities in accordance with the terms and conditions of the Agreement.

  Council also approved By-Law 1937 to enter into an agreement between Essex Town Centre Ltd. and the Town of Essex for the Provision of Municipal Capital Facilities, and further direct Administration to formulate a formal policy to serve or guide future requests for assistance in relation to large scale developments in the Town of Essex.

  Clerk, Robert Auger, noted this agreement approves entering into an agreement for capital facilities. The agreement will have the Town providing assistance, or front-end financing, in order to assist with the up-front costs that are required by the developer to build the infrastructure the developer is responsible for building, pursuant through the Subdivision Agreement.

  Auger noted the Town is able to provide this assistance is though Section 110 of the Municipal Act, which allows a municipality to lend money for the purposes of front-end financing the cost of such capital facilities.

  Through Section 112 of the Municipal Act, the Town is allowed to impose a capital charge on those lands, benefiting from those constructed capital works.

  For cost-recovery of the loan, Auger recommended a capital charge against the lands.

  A municipality cannot bonus, Auger said, however, despite prohibition against bonusing, a municipality may provide financial assistance to a person who has entered into an agreement to provide municipal capital facilities.

  It is conditional upon the loan being provided and used only for the capital facilities.

  Any such fees imposed by the municipality shall become a debt and added to the tax roll.

  Facilities include storm sewer construction, water main removal and construction, construction of a stormwater management facility, construction of a pump station, street construction, and relocation of the Rush Drain.

  The term of the loan is ten-years, with 3.94 percent interest. Payment will be on a continuing quarterly basis. There is incentive to have this development constructed more quickly.

  Auger explained, this proposed agreement could tie up 50 percent of the Town’s Landfill reserved, but the amount is recoverable as there would be security with priority lean status against the property in case of default.   

  Mayor Larry Snively said this is a good deal for the Town through the interest rate.

  Councillor Joe Garon noted this is a massive build project, with the first phase up to around 150 homes, with up to around 600 by the end.

  Jeff Morrison, Director of Corporate Services/Treasurer, said this would be up to $3.5m loan scheduled at a point of time over the ten-year period. It is difficult to predict how much the Town will make off the loan, as it is based on the number of homes sold in each phase of development.   


 Integrity Commissioner services extended two-years

Council approved a two-year extension of the current Integrity Commissioner Agreement up to and including December 31, 2023.

  The Agreement provides for an hourly rate of $235 per hour for all services provided. There is no set retainer amount and the fees are based only upon time spent on an issue, the Report to Council notes.

  This hourly rate actually represents a reduction in the rate that was charged ($280/hour) prior to 2019.

  In 2020 Integrity Commissioner Services cost the Town $8,816.27. Further, in 2019, it cost $5,277; $11,552in 2018; $19,416 in 2017; and $27,600 in 2016.

Parking at Colchester Beach

Council approved contracting Commissionaires Security to provide parking enforcement around Colchester Park and Colchester Beach areas, in addition to providing staffing for beach security on the Colchester Beach for the 2021 summer operating season.

  The Town hired Commissionaire’s Security – in conjunction with the OPP, Health Unit Bylaw officers, and the Town’s Bylaw Enforcement Officer – to provide presence seven days a week during the summer of 2020 in the Colchester area, the Report to Council notes.

Overall, in 2020, Commissionaires only issued eight parking tickets.

  Mayor Larry Snively said they did a great job last year.

  In 2020, the Report to Council continues, Commissionaires provided one parking and one beach security on Fridays, Saturdays, Sundays, and holidays over an eight-week period.

  Administration is recommending to only contract Commissionaires for Saturdays, Sundays, and holidays for 11-weeks in 2021, from June 26 to September 6.

  Administration increased the harbour security operating budget for security services by $13,000 beginning in 2021. These funds have been approved in the 2021 Town operating Budget.


 Supply and application of maintenance stone awarded

Council awarded the Request for Tender – 2021 Supply and Application of Maintenance Stone to Southwestern Sales Corporation Limited up to the amount of $185,000, including non-refundable Harmonized Sales Tax.

  As part of the maintenance program, the Town has to seek a qualified contractor for the supply and application of 100 percent crushed dolomite stone, and the material shall meet the requirements of the Ontario Provincial Standard Specification, the Report to Council notes.

  There were two bits, Jeff Shepley Excavating Limited for $ 211,330.08 and Southwestern Sales Corporation Limited for $ 178,970.40.

  Southwestern Sales Corporation Limited submitted the lowest bid and was the previous supplier for the same maintenance stone.

  As per the 2021 Operating Budget, $185,000 was approved for the supply and application of maintenance stone.


 Results of Request for Tender for the Articulated Grader

Council award the Request for Tender – 2021 Supply of Articulated Grader to Brandt Tractor Ltd., in the amount of $469,897.32, including additional attachments, extended warranty, and non-refundable HST.

  Council approved the additional funding of $19,897.32 above the approved 2021 capital budget for the articulated grader through the Public Works Equipment Reserve.

  It was recommended the resulting over expenditure in the amount of $19,897.32 be transferred from the Public Works Equipment reserve.


Supply of Single Axle Plow Truck Cab and Chassis

Council awarded the Request for Proposals for the Supply of Single Axle Plow Truck Cab and Chassis 2021 to Team Truck Centres Ltd. in the amount of $124,577.65 including non-refundable HST, and the Supply of Winter Control Equipment for a Single Axle Plow Truck with Stainless Steel Dump Body to Viking-Cives Ltd. in the amount of $155,447.56 including non-refundable HST.

  Council also approved the additional funding of $4,861.86 including non-refundable HST above the approved 2021 Capital Budget of $280,000 for the Supply of Winter Control Equipment for a Single Axle Plow Truck, Supply of a Single Axle Plow Truck Cab and Chassis, and 5-year extended warranty from the Public Works Equipment Reserve.

  The 2021 approved budgeted amount is not sufficient to cover the overall total cost of $284,861.86 including the extended warranty and non-refundable HST.

  Additional funds in the amount of $4,861.86 are required to be transferred from the Public Works Equipment Reserve.


0 County Road 50 East, 3900 North Malden Road,

0 South Talbot Road requests approved

Council adopted Bylaw Number 2005, being to amend By-law Number 1037 for the lands comprising lots 40-52 on Registered Plan Number 1390; Bylaw Number 2003 to amend By-law Number 1037 for the property at 3900 North Malden Road; and Bylaw Number 2004, to amend Bylaw Number 1037 for the lands comprising Parts 1 and 2 on 12R28489.

  These matters were discussed during a special public meeting the week prior.

  An application for three site specific zoning amendments to the Comprehensive Zoning Bylaw, Bylaw 1037 were received at the Town of Essex for the vacant residential lands located on the west side of Breezeway Drive at 0 County Road 50.

  There was a request for a site specific zoning amendment to Bylaw 1037 to permit the use of the existing single-detached dwelling to accommodate the housing of farm help at 3900 North Malden Road.

  Thirdly, applicants, proprietors of Sturgeon Woods RV Sales and Campground in Leamington, requested a site specific zoning amendment to Bylaw 1037 to permit the development of a motor vehicle dealership for the sale and display of Recreational Vehicles (RV) and the development of one building for a sales office, parts store, and repair garage. Bylaw 2004 revises Bylaw 1037 for the subject lands to add supplementary permitted use to accommodate a motor vehicle dealership.


Notices of Motion to be presented at the April 19 meeting:

• Mayor Larry Snively will ask Council to consider Administration to research and consult with local First Nations, indigenous organizations, and other community champions in creating or developing a land acknowledgement statement for the Town of Essex.

• Councillor Sherry Bondy will ask Council to consider sending a letter to Hydro One to let them know of the concerns from within the municipality in regards to frequent power-outages that are negatively impacting residential homes and businesses.


*Business owner Dave Cassidy asked for an additional, letter from Council be sent to the province in support of small businesses. See full article online at: essexfreepress.com


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