by Sylene Argent, Local Journalism Initiative
Agreement entered for second phase
of Ducharme Lane subdivision
Essex Council passed By-Law Number 2338 to enter into a Subdivision Development Agreement between Fantuz Holdings INC. and the Corporation of the Town of Essex.
This is for Phase 2 of the Ducharme Lane Residential Subdivision, located in the McGregor Secondary Settlement Area, on the west side of Ducharme Lane. It will include 18 single-detached dwelling lots, one block for stormwater management, and one block for natural heritage protection.
The Report to Council noted that the Manager of Planning Services for the County of Essex issued a Notice of Decision to approve an application for Draft Plan of Subdivision on May 8, 2024.
Essex approves Notice of Intention
to Designate 14 properties
Council for the Town of Essex approved issuing a Notice of Intention to Designate 14 properties on the municipal Heritage Register.
These properties – some privately owned, some by the Town of Essex – are located across the municipality.
In late April, Administration for the Town of Essex explained the process municipalities must take to designate properties of cultural heritage value, and highlighted the benefits of conserving cultural heritage resources for the community and economy.
The Town was set to review 22 properties listed for Heritage Designation, as changes to the Ontario Heritage Act were made a result of Bill 23. That is requiring listed properties on a register as of December 31, 2022 be removed on or before January 1, 2025, if no Notice of Intention to Designate is given.
Bill 200 was recently passed, which extended the deadline, giving municipalities until January 1, 2027 instead. That will provide more time, if there are properties that need research.
Designation, Rita Jabbour, Manager of Planning Services, explained, is the best way to protect a resource, as it prohibits alteration or demolition, unless an application is made and approved. Listing provides for temporary protection, which allows for alterations but prohibits demolition, unless a 60-day notice is provided to Council.
The next step in the process, Jabbour told Council previously, was to have Planning Services research and review the 22 listed properties to determine which ones would be candidates for designation.
She appeared before Council during the June 17 meeting, noting staff wanted to issue a Notice of Designation for 14 of those 22 properties.
Those properties include: Christ Church, Christ Church Cemetery, and the John Snider House St. Clement Church in Colchester; St. Clement Church in McGregor; Grace Baptist Church, Essex United Church, Dr. Robert B. Potts House, and Charles Roberts House in Essex Centre;
A.M.E/New Canaan Cemetery (the only remaining part of that once thriving settlement) in Gesto; John McIntyre’s Harness Shop, the Central Grove African Methodist Episcopal Church, E.F. Darby’s Drugstore, John McAfee’s General Store, and the former Harrow Municipal Building in Harrow.
Currently, 11 of those properties are listed on the Town’s Heritage Register, three – Christ Church Cemetery, A.M.E/New Canaan Cemetery, and the John Snider House – are not, but have been found to have enough historical and cultural heritage vale that they warrant protection, Jabbour noted.
In terms of the other nine-properties currently listed, Jabbour said planning staff members are continuing to conduct research to ensure they will meet Ontario’s criteria for designation.
With Council’s nod, notice will be served to the property owners of those 11 properties. There will then be a 30-day objection period. Anyone can object. If adopted, there will be another 30-day appeal period.
Deputy Mayor Rob Shepley declared a Conflict of Interest on the Essex United Church portion, as his business uses the property and has had discussions in the past about potential purchasing.
In answering his question about consulting with property owners beforehand, Jabbour noted the Town did speak to the 11 that were listed during the listing process. The three that were not listed not were not, but will receive a notice.
He and Councillor Katie McGuire-Blais suggested Town staff knock on the doors of those three to ensure everyone is properly notified.
Stantec to design sewers of Phase 1
of Rush Catchment Improvements
Stantec Consulting Ltd. was appointed to provide engineering services to design the storm sewers for Phase 1 of the Rush Catchment Area Improvements for a total cost of $427,900.80, including non-refundable HST.
This will include some watermain and asphalt trail design.
With this, Council received the Essex Town Centre Storm Drainage System Study, which Stantec prepared.
Kevin Girard, Director of Infrastructure Services, noted last year, Stantec was hired to verify and calibrate the existing storm sewer model it previously completed.
This resulted in a study that looked at rainfall and flow monitoring in specific locations around Essex Centre.
The Report to Council on the matter notes using this data, a hydrological and hydraulic analysis was completed and capacity assessment was performed. This was based on storm return periods ranging from a 1:2 year to 1:100-year events.
From there, Stantec was able to determine the capacity of the existing storm sewers for each catchment area, which are broken down for the South Talbot, Maidstone, Rush, Hopgood, and Arner Townline catchments.
To address the risk of potential basement flooding and surface ponding during the 1:5 year to 1:100-year rain events, improvements are required to the South Talbot, Maidstone, and Rush Catchment areas, the Report to Council adds.
In addition, the Rush Catchment Area is deficient in capacity for a 1:5-year storm event and requires improvements to hydraulic capacity to address the risk of flooding on Brock Street, Thomas Street, College Street, and Harvey Street.
Administration recommended starting plans to improve the Rush Catchment area, as upcoming projects in this area will be impacted by these improvements, such as the Maidstone-Talbot intersection improvements and CWATS trail on Maidstone Avenue, which will go from Highway 3 to Talbot Street North.
It was also recommended the engineering design be completed for Phase 1 in 2024, with construction anticipated to occur in conjunction with the Maidstone/Talbot Street intersection project. The cost provided by Stantec Consulting for engineering design of the Phase 1 improvements was $427,900.80, including non-refundable HST.
The Report adds $450,000 has been allocated for the Storm Sewer Rehabilitation Program.
Bridge rehabilitation work awarded with additional funding needed
Council awarded the Essex Bridge Rehabilitation Tender for 2024 to Intrepid General Ltd. in the amount of $1,643,930.67, including non-refundable Harmonized Sales Tax.
Additional funds over the approved capital budget also had to be approved.
Essex Bridge Rehabilitations for 2024 includes improvements to the drains on the 5th Concession Road over Richmond ($36,943.40 above the approved of $450,000 from the Town’s Asset Management Reserve), on the 3rd Concession over Henderson ($17,166.14 above the approved of $400,000 from the Canada Community Building Fund), and Mole Sideroad over South Malden Road (which came in $10,178.87 under budget).
Council also approved $5,683.30 above the approved 2023 Capital Budget of $75,000 from the Town’s Asset Management Reserve to have Spencer Associates complete onsite inspection and contract administration services.
Essex to continue providing maintenance on owned, but not assumed beach roads
Staff for the Town of Essex will continue to provide minimal maintenance on owned and not assumed beach roads, as per Council’s direction at the June 17 meeting.
That will include the current snow removal practices.
Administration will also upgrade owned and not assumed beach roads to the current Town of Essex development standard in accordance with the process outlined in the Local Improvement Charges Priority Lien Status, as amended, upon request from benefitting property owners.
The Report to Council on the matter notes there for over 40 beach roads not assumed by the Town. A number of these are private roads, and others are owned by the Town but have not been assumed.
When the Town is approached to upgrade an owned and not assumed beach road, residents are made aware of the necessary improvements needed to bring it to the Town’s standard through Local Improvement Charges Regulations.
Discussion on this matter first took place at the June 5, 2023 meeting, where Council passed Councillor Brad Allard’s motion that directed Administration to review and report on the current level of service for Town owned but not assumed beach roads. In addition, staff was also directed to provide low-cost options for raising the level of service of the roads with 2023 Council Contingency Funds and future budgets, if appropriate.
Councillor Jason Matyi was not sure the recommendations coming back to Council from Administration captured the intent of the motion made a year ago. He noted Council was looking for an alternative path for individuals living on these beach roads to be able to upgrade their roads, inexpensively.
There was some question at that time about if they wanted to use a different type of aggregate other than having to bring that road all the way up to the new municipal standard, which is cost-prohibitive, Matyi said.
Director of Infrastructure Services, Kevin Girard, responded there are no inexpensive ways to upgrade a road. When looking at it from an operational perspective, the utilization of different materials or allowing different roads to use different materials, based on what their judgement would be, is not a good practice for the Town.
He noted the Town does not have a constant supply of millings, and would have to engage a contractor in purchasing those things, in accordance with the Procurement Bylaw.
The Town’s current practice is if the road is gravel, the Town places gravel back and maintains it to the minimal maintenance standard. If any upgrades are wanted by the residents, they would have to submit a petition to do so.
This, Girard noted, is a contentious subject.
“This is the best approach,” he said of the recommendations outlined in the Report to Council, adding that is the practice a previous Term of Council adopted in 2008 after significant consultation with beach road homeowners.
Council would have to provide direction if it would want Administration to look into anything further.
Matyi asked if the same quality gravel is used on other roads in the municipality. Girard responded the Town uses various materials, but generally uses recycled material to capacity. That provides significant cost-savings to the Town to do so.
In answering Councillor Rodney Hammond’s question regarding an email that came into the Town regarding materials that can be detrimental to diving up and down the roads, Girard noted that the Town crushes that recycled material. That process does remove steel, but it can be missed by the magnets used and can end up on the road.
In addition, the Town uses a portable magnet when it grades the road, as well. As a better practice, the Town will place the magnet on the grader as maintenance is undertaken, and staff will go over it again to improve that process.
Mayor Sherry Bondy understands the Local Improvement Charges and how the Town wants beach road owners to bring streets up to Town standards before they are assumed. She spoke of how more development is being allowed on beach roads, and how homeowners on these roads pay the same amount of taxes as many others.
They are getting more vocal about when the roads are wet and mucky, and they want to have other options.
Essex’s Development Charges expiry extended from August to end of December
Essex Council moved to extend the Town’s Development Charges (DC) By-Law from the end of August until the end of December.
The current By-Law was enacted in 2019.
Development Charges govern the collection of funds to ensure infrastructure costs created through increasing population and employment are fully funded by new development that benefits from the introduction of new services through a user-pays approach.
In 2022, Bill 23 introduced changes that would impact the Town’s Development Charges that are levied to developers or anyone seeking a building permit, Kate Giurissevich, Director of Corporate Services, told Council.
That included the mandatory phasing of the DC and eliminated the ability to include certain costs in the calculation of the Town’s DCs.
Giurissevich said the impacts of Bill 23 would be greater than the Town moving forward with eliminating its DC waivers currently in place. The Town halted any action in eliminating those waivers, given Bill 23’s phase in.
Recently, Bill 185 received Royal Assent, reversing some of the impacts. That was welcomed news, Giurissevich said, as it will no longer be a cost-burden to municipalities.
The Town’s DC By-Law is set to expire in August, but staff sought to extend the expiry to the end of the year to allow time to incorporate Bill 185’s impacts. Staff will still try to seek approval in the fall.
Flag to be raised for Childhood Cancer Research
Council moved the request from Childcan: The Childhood Cancer Research Association to fly its flag at Town Hall on September 6, 2024, in support of Childhood Cancer Awareness Month of September.
NoM: Essex to create public satisfaction
survey on OPP service
The Town of Essex will conduct a public survey to get resident feedback on public satisfaction
on Ontario Provincial Police services being provided to the municipality.
Mayor Sherry Bondy, who is also the Essex rep on the Essex County Police Services Board-North, brought this forward as a Notice of Motion at the July 2 meeting Council. It got Council approval at the June 17 meeting, which directed Administration to conduct the survey.
“I think this is good to have a bench mark,” Bondy said of the survey, noting it would also be beneficial to see the results of the one previously conducted in 2020.
Councillor Kim Verbeek spearheaded the previous survey. She served as a member on the Essex Police Services Board at the time, before local Essex County OPP-policed boards had to amalgamate into two local committees.
Bondy hoped to compare the results of this survey to the one conducted four-years ago, and hopes to possibly issue one every two-years to gauge public feedback.
Now that the police services boards have merged, they are scheduled to take place every other month instead of monthly, and are focusing on three municipalities instead of one.
The first meeting of the Essex County Police Services Board-North took place in April. The second was scheduled to take place June 10, but was postponed, Bondy said, because the board needs to get insurance first.
“I really feel there are less meetings, less oversight. So, this is going to be a good gauge to get the pulse of the public,” Bondy said, adding the results can be taken to the OPP to inform personnel of problem areas, or the results can be shown to residents who complain to explain how others in the municipality feel on a certain issue.
Councillor Katie McGuire-Blais liked the idea, but hoped the questions provided will not be too vague. She hoped Council would be able to take a look at it before it is issued to provide suggestions.
CAO Doug Sweet noted staff has found a former survey, has a meeting with the Mayor planned later in the week, and will look at comparable surveys done through other municipalities in preparation of this survey. From there, the survey can go to Council to look over, before it goes public.
Councillor Kim Verbeek was also glad to see this go through, noting it was good it was approved more easily than the previous survey.
NoM: Report to come on outlining the feasibility
of implementing traffic and parking changes in Harrow
Council directed Administration to review and prepare a Council report outlining the feasibility of implementing a series of traffic and parking changes.
Councillor Rodney Hammond brought this forward as a Notice of Motion at the June 2 meeting.
This will include looking at implementing: a two-hour parking limit along King Street from Victoria Street to Walnut Street and Queen Street from King Street to Centre Street; and community safety zones on Centre Street West from Queen Street to Erie Street North and Erie Street North from King Street to Sinasac Street West to serve St. Anthony Catholic School.
The report will also investigate implementing community safety zones on Arthur Street North, from Sinasac Street to King Street, and Centre Street East, from Walnut Street North to Arthur Street, to serve Harrow Public School.
When presenting the Notice of Motion, Hammond also included the suggestion of installing a 'no-left turn' sign on the north-side of King Street to notify drivers heading northbound on McAfee that there is no left turn permitted from McAffee to King Street. He removed that as this has been taken care of.
Deputy Mayor Rob Shepley is looking forward to the report, especially the portion to investigate two-hour parking. That could be something down the line that could be considered for areas in Essex Centre.
Councillor Joe Garon asked if there are already School Safety Zones in Harrow.
Kevin Girard, Director of Infrastructure Services, responded there are no Community Safety Zones in Harrow.
Notice of Motion to brought forward for Council's
consideration at the July 2 meeting:
Mayor Sherry Bondy will ask Council to direct Administration to provide an update at the July 15, 2024 Regular Council Meeting on the Colchester Hamlet Secondary Plan, including consultation efforts to-date, plans for future public consultation, policy directions thus far, and overall goals of the Secondary Plan as a part of the Town’s new Official Plan Project.
NoM: Council to consider sending letter to County
on organic pick-up in rural areas, but not apartments
When hearing the County Council update, Councillor Jason Mayti noted he would like the County and EWSWA to justify the environmental impact of sending a truck down a rural road, but not picking up at apartments or multi-dwelling residences with more than six-units as part of the upcoming organics program.
County Council recently approved having the program pick-up in rural Settlement Areas and the funding model, which will use a hybrid system to combine the County levy-based funding model with a user-fee methodology. This will appear as an Essex County levy on the municipal tax bills of residents who receive the service.
During that meeting, it was noted the program – at least at its start – will not include picking-up organics at apartments or residences with six or more units.
“Can we ask for that information, on how they came up with that being a good idea,” Matyi asked. “I can’t figure out how it is a good idea and I would really like an explanation on how they think it is.”
That will be formulated and brought forward at the next Council meeting as a Notice of Motion, which – if passed – would send a letter asking for that justification.