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By Sylene Argent, Local Journalism Initiative Reporter, Essex Free Press

Between January and June 2025, the Town of Essex investigated 382 potential by-law violations, of which 161 were based on complaints received from members of the public and/or Council members. The other 221 issues were investigated proactively.

That was up from the 291 potential issues investigated over the last six-months of 2024.

Essex Council learned of the information at the July 21 meeting, when Mike Diemer, By-Law/Property Standards Officer, presented the biannual report on the matter that highlights enforcement conducted among various municipal by-laws. This report focused on the first half of 2025.

He added that of the 382 potential issues, 359 have been resolved and 23 remain actively investigated.

Of the cases, 170 fell under the Property Standards By-Law, with the main offences consisting of tall grass and weeds, and exterior property debris.

The Town received the majority of the complaints through phone with 75, while 52 were received through the online Report a Problem tool, 32 by email, and two in-person.

The By-Law Department conducted investigations on residential, agricultural, and commercial properties throughout the municipality.

“The By-Law Team remains uniform in its enforcement process from the beginning stage of voluntary compliance, to issuing notices of violation, and, in cases of continued non-compliance, serving owners with municipal work orders or POA [Provincial Offences Act] charges.

In terms of potential Short Term Rental (STR) violations, Diemer noted over the first six-months of 2025, five investigations have been launched, none of which have resulted in administrative penalties being issued.

Diemer noted residents are encouraged to use the Report a Problem portal, found at www.essex.ca, to submit concerns to the Town.

Councillor Katie McGuire-Blais said she believes there should be double the investigations since the Town has a new By-Law Officer. She wondered if By-Law Officers are sent out together to investigations.

Chief Building Officer, Kevin Carter, noted the Town now has one fulltime By-Law Officer and two part-time. If it is known an investigation will require it, such as those that may be hostile, two By-Law Officers will be sent out together.

McGuire-Blais said that during the Essex Fun Fest she saw two By-Law Officers walking together every day throughout the fairgrounds.

“I didn’t think that was a good use [of] time,” she said, wondering if they were called there.

When she questioned them, she claimed they responded to ensure it was in compliance. “I’m not sure why they would be at a Town event to make sure the Town is in compliance,” she said.

Carter noted that parking is an issue at the Essex Fun Fest. He said he purposely has them go to larger events to get exposure to the public for engagement and answer questions.

Deputy Mayor Rob Shepley asked if parking tickets handed out in Colchester by security were included in the report or if that was separate. Diemer noted his report focused only on tickets issued through the By-Law Department and that the OPP and security down at the harbour also issue parking tickets.

According to the report, there were 161 parking violations.

Shepley said Council has received complaints from those who have received tickets. That is something Council and the community have been asking for, and he appreciated By-Law was out there writing them.

The Clerks Department tracks tickets issued by OPP and security at the Colchester Harbour, Director of Legal and Legislative Services, Joe Malandruccolo, explained.

In answering Councillor Rodney Hammond on what the majority of  the proactive investigations consist, Diemer noted parking and tall grass and weeds.

Bondy added she is getting complaints about the Town’s recently upgraded Report a Problem tool when it comes to users not having an exact address for an issue. In those cases, they have to drop a pin and it seems to be difficult to do on phones, she has heard.

Later in the meeting, Bondy received Council support for her Notice of Motion presented originally July 7, which directed Administration to review the Town’s property standards By-Law. Admin will return with a report proposing any changes they determine is required to improve the By-Law’s relevancy, effectiveness, and alignment with the community’s needs. The review will incorporate public consultation and education.

“It seems like it is one of those by-laws, either where we are enforcing it too much or enforcing it too little,” Bondy said. “I think it is time to do a check-in with the community…”

The timing is good, because the By-Law Department is moving into the Legal and Legislative Services Department from the Development Services Department, Bondy added. It will also be a good educational tool to help Council understand the Property Standards By-Law, as well.

 

By Sylene Argent, Local Journalism Initiative Reporter, Essex Free Press

Essex Council finally gave third and final reading to By-Law 2439 to Delegate the Duties and Powers of the Council of the Town of Essex during the July 21 meeting.

Essex Council gave two readings to the revised edition of the Town’s Delegation of Authority By-Law at the May 5 meeting. When it was first presented for final reading at the June 16 meeting, the matter was instead postponed to be voted on at the July 21 meeting.

This gave Councillors more time to forward concerns to administration.

At that time, Councillor Jason Matyi didn’t believe the Town should be delegating authority away, as the province has laid out. Municipalities should be part of the process. He did not support the by-law as it was presented last month.

He pointed out some issues he had with it, noting he believed the province has limited people’s ability to appeal. He also didn’t like that recurring events no longer had to go to Council for by-law exemptions, only new ones.

The updated By-Law was drafted by senior directors and the CAO.

The By-Law was updated to align with the Town’s new organizational review and legislative requirements that have come into play since the previous version was adopted, Joe Malandruccolo, Director of Legislative and Legal Services, explained.

It also addresses additional requests from administration, where administration believes they are doing things on a daily basis for which they need delegated authority, Malandruccolo explained to Council previously.

He previously explained the Municipal Act requires Council to have a Delegation of Authority By-Law. This piece of legislation allows Council to delegate its authority to other bodies to make decisions on Council’s behalf.

This process allows for the efficient use of resources, so work can happen when Council cannot come in to sit to make a decision.

Those original additions include giving authority:

• to the Deputy CAO or designate to approve capital budget overages, so long as they are $10,000 or less;

• to the CAO or Treasurer to execute and submit grant applications for grants under $130,000 without Council approval where the project will be fully funded by the grant and aligns with Council’s strategic priorities;

• Development Services to release securities related to Site Plan Control Agreements, to approve Consent to Conservation Easement Agreements made by private owners only when required by the Committee of Adjustment, approve an application under Section 36 of the Planning Act to remove a holding provision when permitted under the Zoning By-Law, to approve applications to amend the Town’s Zoning By-Law site-specifically to prohibit the construction of a dwelling on a retained farm parcel resulting from a surplus severance only as a condition of the Committee of Adjustment, Consent Approval, and to approve renewals or extensions of wireless cell towers agreements that were already originally approved by Council;

• The CAO in consultation with the Mayor and Deputy Mayor to approve sponsorships or naming rights agreements with an aggregate amount of $130,000 or less, so long as it is in accordance with the Town’s Sponsorship and Naming Rights Policy, which Council would have to pass;

• Administration to deal with special occasion and event permits, as well as approvals and exemptions relating to them. That includes the Director of Community Services approving special event permits and requests, such as road closures, noise permit exemptions, authority and restrictions regarding the use of municipal properties without seeking Council specific approval for recurring events. Initial events would be brought to Council;

• Primary authority of sanitary and stormwater works to the Director of Infrastructure Services, so long as they are in accordance with the Town’s Consolidated Linear Infrastructure Environment Approvals;

• Primary authority to the Drainage Superintendent to appoint an individual engineer at a Council pre-appointed engineering corporation, and to approve assessment of apportionment agreements;

• Allowing the Clerk’s Department to issue Short Term Rental Licences, as long as the licence application complies with the Town’s Short Term Rental By-Law.

There were changes made to the By-Law since the last meeting, Malandruccolo said. That included reverting the holding of the Zoning By-Law Amendment, and the Surplus Dwelling Zoning By-Law Amendment, which changes back to the enabling policies in the Draft Official Plan and will be dealt with that way going forward.

By Sylene Argent, Local Journalism Initiative Reporter, Essex Free Press

Members of Essex Council awarded the Engineering Services for the South Talbot Road and Maidstone Avenue reconstruction to RC Spencer Associates Inc., in the amount of $138,078.15, including non-refundable Harmonized Sales Tax.

The decision was made at the July 21 meeting.

David McBeth, Manager of Capital Works and Asset Management, explained the earliest this project could be on the budget would be 2027, by the time the survey, detailed design, and other requirements are met.

The project does include a multi-use pathway on South Talbot, from the greenway to Maidstone Avenue, and a multi-use pathway from Maidstone Avenue, from South Talbot to Allen Avenue. He added the section on Allen Avenue up to Talbot Street North is being designed by a different consultant as part of the storm sewer project that is ongoing.

His report outlined the engineering design for the main part of the contract will include updating the South Talbot Road and Maidstone Avenue intersection with a dual left hand turn onto Maidstone Avenue, from South Talbot Road. This is expected to incorporate new traffic signal lighting, streetlighting, and a multi-use trail from Reed Street to Maidstone Avenue.

In addition, it also details that South Talbot Road will be re-aligned to add a larger curve in the roadway, which will be used to eliminate the three-way stop that was instituted at Reed Street in 2023. Property for this work was acquired in 2024.

Councillor Katie McGuire-Blais was very happy to see this project working forward.

The 2025 Capital Budget had an approved amount of $300,000 for this project as a carry forward.

By Pam Wright, Local Journalism Initiative Reporter, Chatham Voice

Chatham-Kent’s official population count is on the rise, according to Statistics Canada.

Data gleaned from the census in the five-year period between 2016 and 2021 shows C-K’s population went up 2.3 per cent to 103,988 – a reversal from the 2.2-per-cent drop experienced between 2011 and 2016.

Based on Stats Can estimates for the timeframe in between the census, Chatham-Kent’s population was 111,703 as of July 1, 2024 – a number not seen since 2006.

In a presentation to council recently, Jason Stubitz, outlined the various way C-K’s population is expanding, noting the benchmark is only 577 people shy from the highest recorded census number in 2001.

Dovetailing with a Chatham-Kent Workforce Planning Board initiative, Stubitz serves as the municipal co-ordinator for planning and research related to local labour needs.

According to Stubitz, up-to-date population information ensures employers, stakeholders and planners can adequately prepare for future workforce needs, including the drive to attracting and retaining talent to the community.

A few noticeable trends stand out, he explained, noting 24 per cent of C-K residents are over 65. However, in the last two years, the 25- to 44-year-old demographic grew 2.2 per cent. A total of 21 per cent of residents in the municipality are under the age of 20.

“This really highlights the importance of continued attraction and retention efforts, especially of younger residents to address future workforce shortages,” Stubitz told council.

The falling birth rate is another concern, he said. Beginning in 2014 the number of deaths began to outpace the number of births, and in 2024, there were 462 more deaths than births in the municipality.

Immigrants and non-permanent residents continue to play an important role in driving population and workforce growth, Stubitz stated, with 293 immigrants and 489 non-permanent residents arriving in Chatham-Kent between July 2023 to 2024, a trend that’s been moving upward since the pandemic.

Inter-provincial migration has been the main source of C-K’s recent growth, Stubitz said, noting the data suggesting that it’s young families who are moving to the municipality.

 

By Sylene Argent, Local Journalism Initiative Reporter, Essex Free Press

A Lake Crest Beach resident of Colchester who developed a pickleball court on town property – without permission to do so – will have to remove it at own expense.

At the July 21 meeting, Essex Council unanimously voted to have Town administration ask Lake Crest Beach homeowners to immediately stop using the pickleball court constructed on Town property, abutting Lake Crest Court, and that they remove the pickleball court and restore the property to the Town’s satisfaction.

That will need to be done within 30-days, at their cost, under the supervision of the Town’s Infrastructure Department.

Mayor Sherry Bondy made the motion, while also offering apologies for having to do so, after Council returned from having to retreat into a closed session meeting to further discuss the matter.

Kathryn Hengl and Rob Dimenna appeared as delegations to speak on behalf of Lake Crest Beach homeowners.

Hengl said Lake Crest Beach Road is a private beach road with 23 properties, all of which front along the water. Each property owns a piece of the road in front of their property. At one of the ends of Lake Crest Court, there is a town-owned land lot, which she said the Essex Region Conservation Authority reforested around 12-years ago through the planting of around 7000 trees.

Around those trees, there was a grass portion that runs along the road. That is where Hengl said Dimenna installed a pickleball court.

Hengl said the only access to the Town Property and the pickleball court is through two private roads.

“We have a very vibrant and active community among our residents, and as such the pickleball court was a very welcome addition,” Hengl said. “The court is used by many of the residents, both children and adults alike. It has become a great source of activity for our beach community, and many residents have taken up the sport since the spring.”

The pickleball court has become a significant tool for socializing and health for the community, she said.

“We would very much like to continue it,” Hengl said.

“We acknowledge that we did not follow the proper channels in having this court installed, but we are here tonight seeking your approval in principle to retain the pickleball court, subject to whatever terms and conditions that are required to address your concerns,” Hengl commented.

She said they were interested in preparing a formalized agreement that would allow them to keep the court.

When Dimenna built the pickleball court, he said there was nothing malicious about it. He said he has a great group of neighbours who had talked about pickleball, and he chose to put it in.

In answering Councillor Brad Allard’s question on if Dimenna had thought of any other places the court could have been installed, he said there were no other areas it would have fit on the beach.

Dimenna said the neighbours have been taking care of the piece of property for years.

David McBeth, Manager of Capital Works and Asset Management, explained the pickleball court was constructed over top of the Town’s sanitary trunk main, which feeds into the sanitary treatment plant, and the watermain that services all of the residents there.

The construction of this pickleball court never would have been given approval from the Town in that location because of the underground infrastructure, McBeth noted. He added there are various areas the pickleball court could have been added to on private property.

McBeth added this property will be the expansion lands for the Town’s sewer treatment plant. While access to that will not be coming directly off of Lake Crest Road, there will be additional potential infrastructure and expansion there.

Joe Malandruccolo, Director of Legal and legislative services, believes legally there are grave concerns in allowing something like this. Firstly, it would set a bad precedent for Council. There are also insurance concerns, and there are many things the Town does from a safety perspective that would have to try to be installed at this pickleball court.

In addition, in order to enter into a lease agreement with the parties, the parties would have to be determined. It would be hard to enter an agreement with a group of individuals. Residents moving, for instance, could impact that.

The Town, Malandruccolo added, would also need assurance the court could be demolished if it did need to access the underground infrastructure. That would require a deposit – likely between $10,000 to $15,000 – from the tenants.

“It would be a very, very complicated legal relationship with a group of residents to allow something that was done without Town permission,” he said.

Malandruccolo added the Town does not know how the court was created. There could be issues with drainage or other matters that may not have been inspected or done that would have through the Town.

Councillor Joe Garon spoke of how Council likely would not have allowed anything to be built on town property by private individuals. Pickleball seems to bring people together. This one was put in the wrong spot.

The main concern Councillor Rodney Hammond had was the potential negative impact it could have on the possible future sewer system.

Deputy Mayor Rob Shepley said what the residents put up was nice, and he struggled with the fact they did not approach the Town first. He said he met with the Town’s Legal Department to see if there were options. There were so many problems posed, he could not come to a solution that he could propose that would work.

Dimena said the court is located behind his property and would be willing to be the sole leaser. He wanted to find a solution.

By Pam Wright, Local Journalism Initiative Reporter, Chatham Voice

Ahead of Monday’s special Chatham-Kent council meeting to deal encampments, two very different motions will be coming forward regarding the rules around so-called tent cities.

Mayor Darrin Canniff is expected to bring forward a nine-point motion that would alter the rules. The biggest change would require encampments to be at least 100 metres away from any private property, a substantial increase of the current guideline of 10 metres.

Other amendments proposed within Canniff’s motion include: only one tent per person; personal items (except for a bicycle) must be stored within the tent, as well as a provision that would allow the municipality to remove garbage.

Part of Canniff’s motion would see the creation of a new bylaw protocol governing encampments as soon as possible.

However, Chatham Coun. Michael Bondy is putting a very different motion forward.

He wants to see tents removed during the day, only allowing them to be erected on municipal lands from one hour before sunset to one hour after sunrise. It also directs designated enforcement officers to be able to “remove, seize, and impound or cause the removal, seizure or impoundment of any property of thing that unlawfully occupies, or has been unlawfully placed or left on municipal lands.”

According to C-K communications manager Eric Labadie, the mayor’s motion draws on best practices gleaned from neighbouring municipalities, as all are dealing with the same issue.

A furor has erupted in the last two weeks after people living in the downtown encampment near the Third Street Bridge in Chatham relocated to the green space at the Chatham-Kent Public Utilities Commission property on Grand Avenue West.

A petition has been started by residents angry the quiet area has been taken over by a homeless encampment.

By Sylene Argent, Local Journalism Initiative Reporter, Essex Free Press

The Corporation of the Town of Essex “is in a strong financial position,” Cynthia Swift, Lead Audit Engagement Partner of KPGM LLP, said of Essex’s 2024 financial statements.

Council adopted the 2024 audited financial statements and audited findings for the Town of Essex as presented at the July 21 meeting.

KPMG audited the consolidated financial statements of the Corporation of the Town of Essex, which comprised of the consolidated statements of financial position as at December 31, 2024, of operations and accumulated surplus for the year then ended, of changes in net financial assets for the year then ended, of cash flows for the year then ended, and notes and schedules to the consolidated financial statements, including a summary of significant accounting policies.

KPMG issued its unmodified audit opinion. Its report indicated the accompanying financial statements present fairly, in all material respects.

She noted KPMG had the full cooperation of Essex’s management during the process.

There were no control deficiencies, which speaks highly of management and the good internal controls and processes at the Town, Swift said.

Essex’s financial assets were outlined in the report to be $106,359,710 as of December 31, up from $101,999,283 the year prior.

The only outstanding items to complete the audit was the representation letter that will be sent to her, and the final financial statements from Union Water Supply System.

There was one financial change in accounting policy this past year and that was in respect to the Union Water Supply System. That went from a government unit to a general business entity. The change, Swift said, includes instead of consolidating the Town’s proportionate share of the Union Water System, Essex is now just showing the investment in it.

Essex Free Press files show that is because in August of 2022, the four shareholder municipalities of Essex, Lakeshore, Leamington, and Kingsville approved the undertaking of the adoption of restructuring the business case into a municipal service corporation. That started in January of 2024 with the first approved budget and the transfer of operations of the system from the former board to the new municipal service corporation.

Essex CAO Kate Giurissevich thanked the Finance Department for putting this project together. She noted they spend a large amount of time on this year-end audit.

“It is no small task,” she said.

Giurissevich also spoke of the tangible capital assets, which serve the community, increased $7M at $214,685,635 from $207,295,934 in 2023.

“So, there are investments being made in the Town assets and the replacements of such,” Giurissevich added.

In addition, the Town does have strong internal controls to ensure residents’ assets are safeguarded, she commented.