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  • Writer's pictureESSEX FREE PRESS

Essex Council meeting notes - July 19, 2021

by Sylene Argent

Extension of Draft Plan approved

for Dalla Bona development

Council approved an extension of the Draft Approval for the lands comprising Part of Lots 5, 6, and 7 on Registered Plan 202 (the Dalla Bona development in Ward 4) for an additional three-years.

  The subject lands are located on the east side of Queen Street in Harrow, south of the Third Concession Road.

  A copy of the resolution of approval will be forwarded to the Manager of Planning Services for the County of Essex, who will also need to approve the extension.

  In the Report to Council, which Essex’s Manager of Planning Services, Rita Jabbour prepared, notes failure to approve the extension will result in a lapse of Draft Plan Approval. After that point, the applicant would have to reapply.

  The extension is for the second-phase of the project. The first phase, consisting of 29 single-detached dwelling lots and four semi-detached and/or townhome dwelling blocks, received final approval on April 10, 2008, the Report to Council notes. The contract for the construction of full municipal services for all lands was just awarded.

  The owner is working with its consultants to prepare a Registered Plan of Subdivision for the second-phase lands. 


Council provided with quarterly Community Improvement Plan update

Council received the second quarterly update of the year, as it relates to the Community Improvement Plan (CIP).

  The three Essex CIP programs were created to stimulate private sector investment through municipal incentive-based programs in predetermined business district boundaries. They offer a variety of grant programs to eligible property owners for improvements, including façade improvements, new signage, and building renovations and improvements.

  The Town has three CIP project areas that include Essex Centre, Harrow, and Colchester/County Road 50.

  A total of $23,729.50 was contributed to completed projects that have received CIP funding in 2021. Two of the projects were from Essex Centre (combining to total over $17,000) and two were from Colchester/County Road 50 (combining to total $6,827.50).

  So far, five new applications for CIP projects have been received, with three being from Essex Centre and two from Harrow. In addition, there are four CIP applications from 2020 that have yet to receive funding. Two are from Essex Centre and two are from Colchester/County Road 50.

  $83,098 of the $100,000 set aside in the 2021 budget for the Essex Centre CIP project remains, while $93,172.50 of the $100,000 remains for the Harrow and Colchester/County Road 50 CIP program.

  Funding for CIP programs in Essex Centre and Harrow is set to expire at the end of 2021. The Colchester & County Road 50 CIP expires in 2027.


Construction value for June up

51.6 percent from June of 2020

In June, the total construction value, including all new and expanding commercial, industrial, institutional, and residential developments that required a building permit, totalled $12,699,800. This is up 51.6% from June of 2020.

  The average sale price for homes in Wards 1 and 2 was $434,982 in June, which was higher than the recorded $356,279 of June of the previous year. The average sale price for homes in Wards 3 and 4 in June was $562,806, which was significantly higher than the $388,019 recorded in June of the previous year.

  To date, 224 single-family dwelling units have been sold. Year to date in 2020, there were 163.


Council approves short-term

Financial Analyst position

Council approved an eight-month Financial Analyst Contract Position, to take place from September 1, 2021 through to April 30, 2022.

  The Report to Council notes that as the Director of Corporate Services position remains vacant, a full staff roster is required to continue department improvement and achieve timelines.

  The Director of Corporate Services position is expected to be filled by fall.

  The Finance Team is seeking a contract position to assist with 2022 Budget preparations and an Interim Audit to ensure a smooth and timely delivery of both significant work projects. This interim position will provide assistance until a full staff complement has been achieved.

  The new position is to be fully funded through a pre-approved grant through the Canada Summer Jobs program, cost savings realized through 2021 staff vacancies, as well as an allocation of the 2021/2022 student budget, the Report to Council notes.

2022 Budget initiation

Council received a memo to note the initiation of the 2022 Budget.

  It is planned to have a walkthrough of the 2022 Budget with Council in November, with adoption in principle by January.

  Kate Giurissevich, Acting Director of Corporate Services, noted that because 2022 will be an election year, there will be no Council Discretionary Fund. There will also be election expenses, which will vary, depending on the delivery method chosen.

  In July, staff will undergo internal budget training, as a result of the recent Service Delivery Review. Council will be able to submit their 2022 Budget wish list in August, with the items to be discussed during deliberations.


 Changes made to the Fill and Grade By-Law

At the July 5 meeting, Council directed Administration to amend the Grade & Fill By-law 1799, after Councillor Kim Verbeek and Deputy Mayor Richard Meloche brought concerns forward regarding clean fill dumping sites within the municipality.

  Chief Building Official, Kevin Carter, noted on January 1, 2021, the On-Site and Excess Soil Management Regulation was amended and the Ontario Government introduced new extensive frameworks for the removal and transport of excess soils between two or more sites.

  As a result, he explained, contractors will be required to provide a detailed assessment of the past uses of the excess soil, provide a destination report of where the soil is to be dumped, and implement a complex tracking and testing system to ensure that every load of fill dumped on a site is mapped to its location.

  To date, Council and Administration have received inquiries about the types of fill material being dumped at one of the three current permitted fill sites, where the fill is coming from, and if the fill contains hazardous or toxic materials, the Report to Council notes.

  When all three permits for the current sites within the Municipality of Essex expire this year, they will have to re-apply and will have to meet the requirements for the new Ontario regulations.

  Carter noted staff recommends the By-Law be amended to include a new definition for contaminants and that the By-law be amended to add that the owner or proposed permit-holder submit to the Chief Building Official written certification by a geotechnical engineer, or other similarly qualified people, prior to the issuance of a permit and upon completion of the work, a description of the proposed fill, including a list of the sources of fill and geotechnical analysis to the content and quality of the fill.

  Carter noted that by clearly defining the types of clean fill that are allowed to be dumped on a permitted fill site and requiring the submission of a soil analysis report by a qualified person at the commencement and completion of a project, the Town would be better-equipped to answer questions and concerns surrounding where the fill is coming from, and what is contained in that fill.

  As one of the two Council members who brought the issue forward, Meloche was pleased with the report and felt more confident with the matter.


 2021 Bridge and Culvert project awarded

Council award the Request for Tender for the Essex Bridge Rehabilitations 2021 to Intrepid General Limited in the amount of $343,996.02 and further approved the reallocation of project funding in the amount of $55,737.15 from the capital project for South Malden and Mole Road to fund capital project Rizzo Nicola Guard Rail.

  In addition, Council approved the additional funding of $25,874.41 above the approved 2021 capital budget for the Rizzo Nicola Road Guard Rail Project from the Asset Management Reserve.

  Of the four tenders submitted to the project, Intrepid General Limited submitted the lowest bid of $660,342.94 for the project.

  The project originally included the work at the 3rd Concession and County Road #23 (which came in $220,663.25 higher than budgeted as it was determined more work needed to be completed than thought. Since this structure’s estimated remaining useful life is approximately 13-years, the rehabilitation is recommended to be cancelled and the structure considered for replacement in a future capital budget.

  With the recommendation to cancel the 3rd Concession Bridge Rehabilitation, it was recommended that Intrepid General Limited be awarded the tender for the South Malden and Mole Road culvert and the Rizzo Nicola Guard Rail in the amount of $343,996.02.

  South Malden and Mole Road came in $55,000 lower than budgeted, and the Rizzo Nicola Road Guard Rail came in $59,733.16 higher than budgeted.

  In addition to the cost for construction, the estimated engineering inspection and maintenance period costs are $21,878.40 including applicable HST.


Fireworks By-Law adopted

Council gave the third and final reading to adopt By-Law 2011, to prohibit and regulate the sale of fireworks and the setting off of fireworks in the Town of Essex. This includes Council directing Administration to review the feasibility of an appropriate fee consideration relating to the processing of an Application for Fireworks Display.

  At the July 5 Council meeting, the By-Law received two readings to help ensure the By-Law is well tweaked and will not need to be revisited in the future.

  The key aspects of the proposed By-Law 2011 includes expanding the list of holidays which fireworks can be sold on; restricts the possession of fireworks to only competent persons, defined in the By-Law as being at least 18-years of age and fully aware of the applicable legislative requirements; prohibits the displaying, offering for sale, selling or setting off of firecrackers or flying lanterns at all times in the Town; makes a distinction between three types of fireworks, each with their own definitions, restrictions, and regulations, such as: Family Fireworks, Display/High Powered Fireworks, and Pyrotechnic Special Effects Fireworks.

  The proposed By-Law also expands the list of holidays that Family Fireworks can be set off without a permit; prohibits the setting off of Display Fireworks, unless a permit has been applied for and granted with the approval of the Fire Chief; and requires those who wish to set off Pyrotechnic Special Effect Fireworks to follow the same permit application process as outlined for Display Fireworks. Pyrotechnic Special Effect Fireworks must be set off under the supervision of a certified pyrotechnician.

  Director of Legislative Services/Clerk, Robert Auger, explained that staff took some of Council’s suggestions from the previous meeting to rework the By-Law. One approach, for setting off the fireworks, was to use the rule of allowance for three days before and after approved holidays. There was concern about the length of this allowance surrounding Canada Day and Independence Day (USA), so the By-Law was altered to include three days before Canada Day and three days after, inclusive of Independence Day.

  Another minor revision included clarification that when it comes to family fireworks, if there is desire to celebrate outside the designated days fireworks can be used, the Fire Chief can issue approval in writing. Family Fireworks are prohibited on public property, unless the Fire Chief gives written consent.

  Auger noted the By-Law provides for the possibility for a permit fee, which only applies for pyrotechnic shows.

  In addition, the Fire Chief has the ability to impose additional conditions, which may include notifying police or neighbours of upcoming firework displays.

  Councillor Sherry Bondy was glad the additional time was time to make the revisions for the By-Law. She made the motion to give it extra time at the last meeting. Councillor Chris Vander Doelen did not like the possibility of a fee as firework displays are typically for children.

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