The Corporation of the Town of Essex

Court of Revision Minutes

Thursday, October 10, 2024 at 5:00 P.m. - 6:30 P.m.

Shaheen Room, Essex Centre Sports Complex, 60 Fairview Avenue West

Present:

• Chair - Dougherty, Janice
• Vice Chair - Bezaire Arevalo, Daniel
• Member - Sauve, Danny

Also Present:

• Lindsay Dean, Drainage Superintendent
• Tanya Tuzlova, Recording Secretary
• Shelley Brown, Deputy Clerk, Legal and Legislative Services

Adams Sweet Drain, Section 76 Assessment Schedule, Geographic Township of Colchester North, Project REI2024D018, Town of Essex, County of Essex, dated July 23^rd, 2024

East Townline Drain- North and South Branches, Repair and Improvements, Geographic Township of Colchester North, Project REI2024D019, Town of Essex, County of Essex, dated July 18^th, 2024

 

Accessible formats or communication supports are available upon request. Please contact the Clerk’s Office at [email protected] or 519-776-7336 extension 1100 or 1101.

 

Present for Adams Sweet Drain:

John Mailloux, 2567 County Road 12

Henry Schuurman, 4770 Concession 9

Present for East Townline Drain: none

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1.

Call to Order

The Chair called meeting to order at 5:08 PM.

2.

Land Acknowledgement

We acknowledge that this land is the traditional territory of the Three Fires Confederacy of First Nations (comprised of the Ojibway, the Odawa, and the Potawatomi Peoples), and of the Huron-Wendat Peoples. We value the significant historical and contemporary contributions of local and regional First Nations and all of the Original Peoples of Turtle Island who have been living and working on the land from time immemorial.

3.

Declarations of Conflict of Interest

4.

Adoption of Published Agenda

4.1

Court of Revision Agenda for October 10, 2024

• COR 24-10-001
  Moved By Daniel Bezaire Arevalo
  Seconded By Danny Sauve

  That the published agenda for October 10, 2024, Court of Revision be adopted as presented.

  Carried

5.

Adoption of Minutes

5.1

Adoption of Minutes for July 3, 2024

• COR 24-10-002
  Moved By Danny Sauve
  Seconded By Daniel Bezaire Arevalo

  That the minutes of the Court of Revision held July 3, 2024, be adopted as circulated.

  Carried

6.

Presentation by Drainage Superintendent

Lindsay Dean, Drainage Superintendent, has explained the procedure under the Drainage Act. Ms. Dean also explained the scope of each project and the purpose of the meeting. Ms. Dean described the possible grounds for appeal at the Court of Revision. Ms. Dean also noted that the maintenance of the Adams Sweet Drain will be done after the completion of this project.

• COR 24-10-003
  Moved By Daniel Bezaire Arevalo
  Seconded By Danny Sauve

  That the presentation by Lindsay Dean, Drainage Superintendent, be adopted as presented.

  Carried

7.

Adams Sweet Drain

Adams Sweet Drain, Section 76 Assessment Schedule, Geographic Township of Colchester North, Project REI2024D018, Town of Essex, County of Essex, dated July 23^rd, 2024

7.1

Appeals from Landowners

7.1.1

Written Appeals Received by the Due Date

Shelley Brown, Deputy Clerk, has informed that no written appeals were received by the Clerk’s Office by the due date.

7.1.2

Written Appeals Received After the Due Date

Shelley Brown, Deputy Clerk, has informed that no written appeals were received by the Clerk’s Office after the due date.

7.2

Correspondence

There was no correspondence noted at this time.

7.3

Engineer to Provide Background on the Drain and the Proposed Project

Mr. Montigny presented the review of the report prepared by Gerard Rood. Mr. Montigny noted that Addendum 1 dated September 17^th, 2024, was prepared since the Consideration of Report meeting to update the Assessment Schedules and the watershed area of the Drain.

• COR 24-10-004
  Moved By Danny Sauve
  Seconded By Janice Dougherty, Chair

  That the verbal report provided by David Montigny, Engineer in Training, regarding Adams Sweet Drain be received.

  Carried

7.4

Questions from Landowners

Henry Schuurman, 4770 Concession 9, asked about the scope of work and how the $10,000 of the assessment will be spent. 

Ms. Dean explained that there is no scope of work under the current project. Ms. Dean further explained that when future maintenance work is carried out on the drain, the assessment to the affected owners shall be based on the actual future maintenance cost shared on a pro-rata basis with the values shown in this assessment schedule which forms a percentage to each property in the future cost. 

Ms. Dean also noted that recently the drain was sprayed for phragmites. Ms. Dean added that the drain needs brushing and then it will be evaluated if further work is required.

Mr. Schuurman confirmed that the weeds are tall, and the drain needs cleaning. 

7.5

Court of Revision Decision

• COR 24-10-005
  Moved By Danny Sauve
  Seconded By Daniel Bezaire Arevalo

  That the assessments contained in the Schedules of Assessment for Adams Sweet Drain, Section 76 Assessment Schedule and Addendum 1 dated September 17^th, 2024, Geographic Township of Colchester North, Project REI2024D018, Town of Essex, County of Essex, be recommended as presented.

  Carried

8.

East Townline Drain- North and South Brunches

East Townline Drain- North and South Branches, Repair and Improvements, Geographic Township of Colchester North, Project REI2024D019, Town of Essex, County of Essex, dated July 18^th, 2024

8.1

Appeals from Landowners

8.1.1

Written Appeals Received by the Due Date

Shelley Brown, Deputy Clerk, has informed that no written appeals were received by the Clerk’s Office by the due date.

8.1.2

Written Appeals Received After the Due Date

Shelley Brown, Deputy Clerk, has informed that no written appeals were received by the Clerk’s Office after the due date.

8.2

Correspondence

There was no correspondence noted at this time.

8.3

Engineer to Provide Background on the Drain and the Proposed Project

Mr. Montigny presented the review of the report. Mr. Montigny noted that Addendum 1 dated September 6^th, 2024, was prepared to correct a duplicate property line shown on the drawings as identified at the Consideration of Report meeting.

• COR 24-10-006
  Moved By Daniel Bezaire Arevalo
  Seconded By Danny Sauve

  That the drainage report provided by Gerard Rood, Professional Engineer, regarding East Townline Drain- North and South Branches be received.

  Carried

8.4

Questions from Landowners

There were no landowners in attendance for East Townline Drain- North and South Branches project. 

8.5

Court of Revision Decision

• COR 24-10-007
  Moved By Janice Dougherty, Chair
  Seconded By Daniel Bezaire Arevalo

  That the assessments contained in the Schedules of Assessment dated July 18^th, 2024, and Addendum 1 dated September 6^th, 2024, for East Townline Drain- North and South Branches, Repair and Improvements, Geographic Township of Colchester North, Project REI2024D019, Town of Essex, County of Essex, be confirmed as presented.

  Carried

9.

Adjournment

• COR 24-10-008
  Moved By Danny Sauve
  Seconded By Daniel Bezaire Arevalo

  That the meeting be adjourned at 5:20 PM.

  Carried