The Corporation of the Town of Essex

Special Council Meeting Minutes

Monday, March 07, 2022 at 4:30 P.m. - 6:00 P.m.

Location: Essex Municipal Building, 33 Talbot Street South and by livestream at https://www.youtube.com/user/EssexOntario

Present:

• Mayor Richard Meloche
• Deputy Mayor Steve Bjorkman
• Ward 1 Councillor Joe Garon
• Ward 1 Councillor Morley Bowman
• Ward 2 Councillor Kim Verbeek
• Ward 3 Councillor Chris Vander Doelen
• Ward 4 Councillor Sherry Bondy

Also Present:

• Doug Sweet, Director, Chief Administrative Officer
• Lori Chadwick, Director, Development Services
• Kevin Girard, Director, Infrastructure Services
• Kate Giurissevich, Director, Corporate Services
• Robert Auger, Town Solicitor, Legal and Legislative Services/Clerk
• Shelley Brown, Deputy Clerk, Legal and Legislative Services
• Jeff Watson, Policy Planner, Development Services
• Matt Ducharme, Legal and Legislative Services Intern
• Rick Arnel, Fire Chief, Fire and Rescue Services
• Rita Jabbour, Manager, Planning Services
• Norm Nussio, Manager, Operations and Drainage
• Kevin Carter, Manager, Building Services/Chief Building Official

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

 

This meeting was hosted and chaired from the Essex Municipal Building. Due to the ongoing COVID-19 pandemic this meeting was not open to the public for in person attendance. This meeting can be viewed by the public electronically via livestream on YouTube at www.youtube.com/EssexOntario

 

This statutory public meeting was held to consider Amendments to the Town of Essex Zoning By-Law 1037 to Regulate and Licence Short Term Rental Units (STRU)

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1.

Call to Order

Mayor Meloche called the meeting to order at 4:30 PM.

2.

Declarations of Conflict of Interest

Deputy Mayor Bjorkman declared a conflict of interest due to the fact that he owns and operates a short term rental.

3.

Adoption of Published Agenda

3.1

Special Council Meeting Agenda for March 7, 2022

• SP22-03-001
  Moved By Councillor Vander Doelen
  Seconded By Councillor Bowman

  That the published agenda for the March 7, 2022 Special Council Meeting be adopted with the following amendment:

  That the following delegates be added to Agenda Item 5:

  • James A Stanley
  • Suzann Grouette
  • Zuby Shaleel
  • Nancy Stephen
  Carried

4.

Reports from Administration

4.1

Rita Jabbour, Manager, Planning Service

RE: Amendments to the Town of Essex Zoning By-Law 1037 to Regulate and License Short Term Rental Units (STRU)

Rita Jabbour, Manager, Planning Services, explained that the purpose of this public meeting is for Council to discuss the zoning by-law amendments to regulate short term rentals as well as a licensing system. She explained that short term rental operators may or may not live on site and may offer different types of accommodations such as houseboats or tree houses. 

Ms. Jabbour explained that short term rentals are not a second dwelling that increases the supply and range of affordable rental accommodations for long term independent living but rather are intended to be used for short term accommodation for travelers. She further explained that short term rentals are not currently recognized by the Town's Zoning By-Law 1037 however, bed and breakfast dwellings are permitted in a single detached dwelling in select agricultural, residential and commercial districts as a home occupation in the form of an overnight accommodation with breakfast. She stated that residential district 1.5 permits a grouping of single detached dwellings on one lot used for short term or seasonal accommodations but it is strictly limited to two areas which include View Point Winery and on Jackson Street in the Colchester Center. She further stated that the zoning by-law does permit other forms of accommodations to the travelling public and those seeking short-term accommodations such as traditional hotels/motels which are present in the commercial district and campgrounds/lodging houses are located in the green districts and residential districts. She stated that in June of 2021 there was a public consultation open house and all groups supported a business licensing system to regulate STRUs. She advised that the concerns were due to saturation,  noise and trespassing, lack of availability of rentals other than short term rentals, and the method of contact for the owners/operators. She further advised that operators were in support of regulations that are strong and enforceable yet minimal and felt enforcement of existing by-laws was necessary for violators.  

Ms. Jabbour stated that majority of short term rentals are located in Colchester in single detached dwellings and in the low-density residential district 1.1. She explained that on December 6, 2021 Council directed administration to prepare a zoning by-law amendment and a licensing system to permit one STRU in a main single detached dwelling in any Residential Zoning District subject to licensing. She noted that the proposed zoning amendments are to add a new definition and regulations for STRUs, to add a new definition for cabin, and to revise the definition of bed and breakfast dwelling and campground. She noted that the proposed definition of short term rental is as follows: 

Short Term Rental Unit to be defined as a dwelling or dwelling unit, exclusive of a bed and breakfast dwelling, used, with or without 
supervision, for rental accommodation of a person or persons for a period of twenty eight (28) consecutive days or less and license. 

Ms. Jabbour explained that a short term rental must be licensed by the Town of Essex, be a minimum of 100 metres from another STRU in a residential district, provide one on-site parking space for two bedrooms and not be located in a second dwelling unit.  

Robert Auger, Town Solicitor/Clerk, Legal and Legislative Services, explained that the STRU licensing system will require owners to operate their properties according to the prescribed standards necessary to protect the consumer and the character of the neighbourhood. He stated that the Municipal Act authorized a municipality to provide a system of licenses with respect to businesses within a municipality even if that business is being carried out from a location outside of the municipality. He explained that the advantages to a licensing system is to address illegal units or units that fall below property standards, to ensure proper and ongoing maintenance, to provide early and proactive notice of licensing requirements, to provide enhanced consumer protection, to create a level playing field for STRU operators and to allow for responsible STRU accommodations. Mr. Auger explained that the licensing process has various requirements such as an application for a licence along with the application fee, proof of insurance, a sketched floor plan and site plan, and proof of a fire inspections. He stated that the licence is valid for three years from the date of issue unless revoked or suspended. He advised that operators must have a valid licence, must keep a record of the renters and have them sign a copy of the Renter's Code of Contact, ensure that a local contact is available to attend within one hour, display a sign within the interior and exterior of the STR which depicts the address, licence number, effect and expiry date of the licence. Additionally, the interior sign must have the owner's contact information, a local contact, and a copy of the site plan. Mr. Auger proposed a demerit point system to encourage compliance through a penalty system for owners/operators of STRUs when contraventions of applicable by-laws and other legislation occur at the licensed premises. He recommended the use of administrative penalties which are authorized through the Municipal Act along with fines through the standard court and Provincial Offences Act process. 

Ms. Jabbour explained that the Town created a survey on STRUs as well as sent notices and advertised this public meeting. She further explained that the majority of individuals from the survey did not support the proposed zoning regulations due to the 100 meter distance requirement which is not applicable for agricultural, green or commercial districts, the 28-day time period, and limiting to STRUs to single detached dwellings. She stated that the Essex Region Conservation Authority (ERCA) noted that STRUs should not be permitted in areas rendered inaccessible to people and vehicles during times of flooding hazards, unless it has been demonstrated that the site has safe access appropriate for the nature of the development and the natural hazard. She further stated that ERCA cannot support a blanket zoning by-law amendment in the zone specified. Ms. Jabbour explained that the licensing system was supported with suggestions regarding more information on the cost of licence and inspections, renter's code may be a deterrent for renters, and the language being too vague. She stated that Administration will consider all feedback and prepare a report to Council with the proposed Zoning Amendment and Licensing by-law decision in Spring 2021. 

5.

Delegations

Mayor Meloche advised each Delegate that they were permitted a period of five minutes to address Council. He further advised the delegations that this Special Council meeting may be recessed and deferred to a later Special Council Meeting on March 21, 2022.

Josephine Bechard-Lanoue was not present.

Juliette Moore was not present.

Liz Carreira asked if she decides to change her rental from a short term rental to a long term rental for a year if she would be penalized a short term rental fee.

Ms. Jabbour stated that if she would still be subject to licensing.

Tracey Cipkar was not present

Margaret Collins explained that she had a short term rental for almost two years and enjoys hosting. She stated that her short term rental brings tourism to the area.

Shaun Cushing explained that he has owned an Airbnb for the past four years and has been a relator in the area for 20 years. He stated that he believes that Airbnbs has been a large part of assisting the tourism business especially with the local wineries, restaurants and parks. He noted that the Airbnb platform has a built-in self-regulating process as negligent owners/operators of short term rentals receive negative reviews. He stated that the owners cannot be liable for the burning by-law or the noise by-law regarding fireworks. He further stated that the one-hour response time is not realistic and would not be fair to penalize the Town or individual for not responding within one hour.  

Mr. Auger explained that the Renter's Code would have requirements for guests or visitors relating to functions such as parties, noise, parking, recycling, and garbage obligations. He stated that this Renter's Code is not complete but will be in line with industry standards. 

Joseph Benher Dhason explained that he has a short term rental in his basement and all of his neighbours have been fully informed. He also stated that Airbnb does have a feedback system. He explained that he is not in favour of the licensing system or by-laws coming forth as there are fees and he uses this a business to generate money. 

Amy Standon and Colleen McWilliams is concerned how grandfathering will occur and the Renter's Code of Conduct. She explained that Airbnb takes care of a lot of these checkpoints and this is another deterrent that renters have to sign. 

Rodney Hammond explained that in the last few years there has a significant amount of growth in our hospitality industry and now is the time to access the master plan for hospitality. 

Elaine Mealiffe explained that STRUs bring value to the community and these regulations will make it difficulty for the residents and the well-operated STRUs. She asked how they are going to ensure all STRUs are registered. 

Mr. Auger stated that he would expect and hope that most STRU operators are going to be responsible and noted that the point of the licence isn't to overly regulate but to provide a level playing ground. He advised that there would be administrative penalties under the Municipal Act along with a demerit point system and fines. 

Ms. Jabbour explained that there will be tickets and possible part three summary convictions for people who operate without a license which is very serious offence. 

Paula and Tom Rigg addressed concerns regarding the number of bedrooms versus parking spaces and believes there will be complains about cars being parked in inappropriate areas. She asked when the decisions will be made as to grandfathering as she opened her STRU in May of 2021 and another STRU opened in August 2021 less than 100 meters away. 

Mayor Meloche stated that the answer will come in due time but tonight is to raise concerns from the public. He noted that at this time the meeting will be recessed until March 21, 2022 at 4:30 PM. He stated that additional delegates will not be added to the March 21, 2022 Agenda but the below delegates will have a chance to speak at that meeting along with any above delegates who were not present.

1. James A Stanley 
2. Suzann Grouette
3. Zuby Shaleel
4. Nancy Stephen

6.

Recessed

• SP22-03-002
  Moved By Councillor Garon
  Seconded By Councillor Verbeek

  That the meeting be recessed at 5:55 PM to March 21, 2022 at 4:30 pm so as to receive and hear from all delegates who were registered or added as delegates at this March 7 meeting 

  Carried