by Sylene Argent, Local Journalism Initiative
Source Water Protection Plan received,
Essex has completed Official Plan Conformity Exercise
Essex Council received a report from Katie Stammler, Water Quality Scientist/Source Water Protection Project Manager for the Essex Region Conservation Authority (ERCA), regarding the Source Water Protection Plan and annual report.
Since 2017, every year on May 1, ERCA releases the annual report.
The Source Protection Committee reviews the information provided.
Since 2022, the Committee decided to provide a low-scoring grade of limited progress, as six municipalities in the region have not completed the Official Plan Conformity Exercise with the Source Protection Plan.
The Town of Essex has completed that exercise.
Following the contaminated Walkerton well tragedy, the Clean Water Act came into place in 2006, Stammler explained. As a result of an inquiry into the matter, 121 recommendations were made. The Clean Water Act is one piece of what is known as a multi-barrier approach.
“Our job is to protect the sources of drinking water at the intake, making sure the activities happening on the ground are not causing significant drinking water threats,” Stammler told Council.
There are seven intakes in the Essex region, two from Lake St. Clair, two from the Detroit River, and three from Lake Erie.
“Because of the location of our drinking water intake – they are far away from shore and deep in the water – we don’t have as many activities on the landscape within the region itself that are significant drinking water threats. What we do have – and what the Town of Essex is part of – is the vulnerable area called the Events-Based-Area, where the handling and storage of large volumes of liquid fuel is a significant drinking water threat.”
Essex has delegated authority for Risk Management Plans to ERCA.
She added harmful algal blooms are also a significant drinking water issue.
The Committee is completing a full review of the Source Water Protection Plan, Stammler added. That will look to amend policies and some technical work. When completed, that will be submitted to the Ministry for review. Public consultations will take place before the end of the year.
Essex amends Fill and Grade
By-Law imposing restriction
Council for the Town of Essex voted to amend the Fill and Grade By-Law for the Town of Essex, which will include imposing a restriction of no more than 1200 cubic meters of fill on a property over its lifetime.
That was passed unanimously.
At the March 4 regular meeting, Essex Council directed Administration to review and report on the feasibility of repealing the current By-Law to prevent large-scale fill sites, or at least amend it to prevent future sites.
Council also wanted Administration to review the possibility of terminating current large-scale fill permits, and what that could look like.
At the time, Council heard concerns from residents who lived in close-proximity to these sites, which included flooding, possible toxic runoff, continued and on-going noise, dust, and deteriorating roads. The decision-makers were also informed about the intent of the Fill and Grade By-Law, the permitting process, and various benefits and issues related to and associated with large-scale sites within the municipality.
After reviewing the matter, Administration did not recommend repealing the By-Law, Lori Chadwick, Director of Development Services, told Council at the June 2 meeting.
“This is because the By-Law in itself gives [Council] the power and ability to be able to set limitations and restrictions, and allows you to explicitly state what you would like to permit and what you would like to prohibit.”
Instead of repealing the By-Law, she recommended it be amended to impose a restriction of no more than 1200 cubic meters of fill on a property over its lifetime.
That would prevent future large-scale fill sites, but will allow for smaller-scale fill, if a permit is approved.
Other smaller amendments proposed to Council included implementing a flat rate to the application fee, and to clarify that the proposed volume of fill must be on the engineered lot grading plan rather than just on the application form.
The Fill and Grade By-Law, Chadwick added, does not apply to properties where building permits have been issued for construction.
In speaking to the idea of perhaps terminating the three current and active Fill and Grade Permits, Chadwick said it is best to allow the sites to continue operating until their expiry dates.
If the property owners wish to apply for a new Fill and Grade Permit, the applicant would be required to comply with the new By-Law, should Council adopt the changes. That would require them to seek Site Specific Exemption from Council.
Councillor Kim Verbeek was happy to have the matter back on the table, and supported the amendments.
“When [the matter] first came to me, it was farmers that actually brought it forward. They were concerned about the damage being done to farmland by the fill sites,” she said. To her understanding, larger fill sites can damage farmland, making plots unfarmable, and can negatively affect the environment, roads, and people in the community.
She asked what are the benefits to the municipality in allowing this to continue.
Chief Building Official, Kevin Carter, said the only benefit he can see is if a farmer is in a flood-prone area, in building up land to make it farmable.
In conversations with farmers, Verbeek has heard potential better options could include tiling and filling in low areas, not building up the entire site.
Supporting the amendments, she added, was the right thing to do.
Council also heard from resident Debbie Ramsay on the matter, who noted that though she appreciates the efforts the Town has put forward on the file, she had to reiterate her concerns if the amendments are not passed.
She said she lives adjacent to a large-scale fill site, which has created her concerns with dust, noise, and road conditions. In addition, she had drainage concerns in relation to the fill grade site.
Ramsay recommended fill sites of a larger scale have a retaining wall to prevent drainage onto neighbouring properties.
Essex farmer Dean Martin noted many of his concerns have been addressed through the amendments, but expressed concern with sites that are built up quite high with fill. In his experience as a farmer, he said even adding two-inches of clay above top soil makes land worthless for farming.
“It is important to understand the preservation of this land is for your tax-base, as well,” Martin told Council. “Because, the minute it is ruined, suddenly MPAC comes out and assesses it at a lower value.”
He suggested the By-Law add wording for the preservation of farmland and for the benefit of the property. He said there are a lot of instances where building up property is needed for improvement, not when farmland becomes a dumpsite. He is amazed the Province has not become aware of the issue.
Councillor Rodeny Hammond also spoke of drainage concerns in relation to built-up fill sites in natural floodplain areas.
Councillor Katie McGuire-Blais asked what Administration has in place to prevent water run-off from the fill sites currently and in the future. Chadwick said there is a list of requirements to get a Fill and Grade Permit. Carter added that includes the completion of an engineer’s drawing, swales are incorporated.
Carter noted a property can be higher than a neighbour’s property, so long as it is equal at the property line.
“We do need to be able to allow for fill in some areas,” McGuire-Blais said, noting she knows of two properties that would likely in the future require more than the recommended limit proposed.
She noted, eventually, the municipality will bring in some industrial movement and they will need a place to put the fill. “The Town of Essex one day, probably soon, is going to need a place to dump their fill. I’d like you all to think about that, because without fill there’s no growth. You need some place to put it.
“Down the road, whatever pedestal you are standing on right now, you might have to step off of it for a minute, because we might have to say ‘yes’ to somebody.”
She also asked about what would happen if contaminated soil was brought in as fill, and asked about possibly including soil checks as part of the permit fee.
Kevin Girard, Director of Infrastructure, noted that soil contamination is a broad definition, and is legislated through the Environmental Protection Act through the Ministry of Environment.
Mayor Sherry Bondy had the same concerns about contaminated soil and thought that can be further discussed in the future.
Councillor Jason Matyi asked if flooding concerns can be assessed through the Drainage Act. Girard noted that was possible.
He further asked if the Town’s Drainage Superintendent has checked to ensure fill sites have not damaged municipal drains. Girard noted that administrative role is to assess only the municipal drainage corridor and the working corridor associated with it. The Town’s protection when it comes to private property and grading and drainage is the Fill and Grade By-Law.
Deputy Mayor Rob Shepley does recognize the need for fill. He wondered who is going to measure the proposed fill limit when the By-Law is passed. Carter noted the piles of dirt can be counted. In addition, engineer drawings will show the finished grade and volume, allowing for the Town to keep track.
Councillor Joe Garon also had concerns with measuring fill, and did agree with McGuire-Blais that there need to be places to take fill. He asked what other municipalities are doing on the matter.
In terms of fill and grade, Carter noted some municipalities do not allow it, while others do with varying levels of regulations.
Garon wondered if the Town could identify where fill sites could be identified. Carter noted that could be looked into.
He also asked about the 1200 cubic meter limit and if that would be enough for properties of many acres. Carter noted that amount should be sufficient for the vast majority of properties, but likely not for larger acreages.
Verbeek noted the spirit of the amendments was to put an end to the big dumping sites, not prohibiting allowing people from doing what they need to do for their properties and to protect farmland.
She also spoke of fill from the Essex municipality when industry and growth booms. She noted that is what the landfill is for. Instead of property owners profiting from taking in the fill, the landfill can, which will benefit the Town of Essex as the landfill host. That fill could also provide for an alternative cover for the landfill, possibly preventing cover from having to be purchased.
Essex to spend $11,500 on digital marketing
campaign to support businesses during CR50 closure
Essex Council received a report during Monday evening’s meeting regarding a proposed County Road 50 Tourism Promotion to support businesses in the area as work on the Tom Wright Drain Culvert continues.That work is creating a road closure.
In the Report to Council that Nelson Silveira, Manager of Economic Development, prepared, it proposed spending $14,000 – of which $11,500 would come from the Town’s Annual Agrotourism Marketing Fund and $2500 from Tourism Windsor Essex Pelee Island (TWEPI) – on digital marketing initiatives to support businesses in the area.
This drain is located near the corner of County Road 50 and Erie Road in Colchester. Work was delayed in early April on the County of Essex project to address poor soil conditions discovered during the excavation phase.
Last Month, Essex Council moved to send a letter to the County to advocate for its “immediate repair and maintenance.”
Work resumed mid-May. From that point, it was estimated it would take10-weeks to complete the project.
At the previous meeting, Council supported Essex Mayor Sherry Bondy’s motion for the Town to find a way to support businesses in the area.
To support increased tourist traffic along this corridor, Silveira proposed $5000 be spent – of which TWEPI would provide matching funding of $2,500 – for a regional focused media digital campaign; $3000 on a social media campaign, focusing on points of interest along County Road 50 to drive traffic to local establishments; and $3000 to retain up to two regional social media influencers to highlight specific experiences and/or tourist attractions in the road network.
In addition, he proposed $3000 to retain a photographer to capture media content for businesses along County 50 affected by the construction project. Businesses would be able to use that content to promote and market current experiences and/or products that drive traffic to their location, the report highlights.
Silveira said these initiatives will happen over the next few months, beginning as soon as Council gave approval.
Councillor Rodney Hammond asked if the Town has reached out to get feedback from those businesses on these initiatives.
Silveira there is no feedback necessarily on the initiatives presented. After Council approval, he said he would go back to the businesses to let them know what the Town would be doing. He said there has been discussion from his department with Agritourism Ambassadors, of which the majority are located on County Road 50, on impacts from the construction and supports the Town could provide.
Their comments were worked into the ideas presented to Council, he added.
Mayor Sherry Bondy said she did forward the report to the businesses she and fellow Council members met with recently on this matter.
Additional Essex Council Notes for the June 3 meeting will be continued in the June 13 edition of the Essex Free Press.