The Corporation of the Town of Essex

Regular Council Meeting Minutes

This meeting was held electronically during a time of Declared Emergency pursuant to Town of Essex By-Law 1902

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Location: https://www.youtube.com/user/EssexOntario
Present:
  • Mayor Larry Snively
  • Deputy Mayor Richard Meloche
  • Councillor Joe Garon
  • Councillor Morley Bowman
  • Councillor Kim Verbeek
  • Councillor Steve Bjorkman
  • Councillor Chris Vander Doelen
  • Councillor Sherry Bondy
Also Present:
  • Chris Nepszy, Chief Administrative Officer
  • Doug Sweet, Director, Community Services/Deputy CAO
  • Jeffrey Morrison, Director, Corporate Services/Treasurer
  • Lori Chadwick, Director, Development Services
  • Kevin Girard, Director, Infrastructure Services
  • Robert Auger, Town Solicitor, Legal and Legislative Services/Clerk
  • Shelley Brown, Deputy Clerk, Legal and Legislative Services
  • Rita Jabbour, Manager, Planning Services
  • Nelson Silveira, Economic Development Officer

This meeting was hosted and chaired from the Essex Municipal Building, 33 Talbot Street South, Essex. Due to the ongoing COVID-19 pandemic and the Essex Municipal Building not being open to the public at this time, this meeting was only available electronically to the public via livestream on YouTube with delegates as well only being able to participate electronically.


Mayor Snively called the meeting to order at 6:00 PM

There were no declarations of conflict of interest noted at this time.

  • R21-01-001
    Moved ByCouncillor Garon
    Seconded ByCouncillor Bjorkman

    That the published agenda for the January 18, 2021 Regular Council Meeting be adopted with the following amendments:

    1. That Agenda Item 6.7 from the December 21, 2020 Regular Council Meeting Minutes be amended to reflect that the delegate was not in attendance and did not address Council as a delegate; and
    2. That the Correspondence from Jeremy Parsons dated January 14, 2021 and in regard to the Colchester Schoolhouse, be added as Agenda Item 12.1.1.
    Carried
  • R21-01-002
    Moved ByCouncillor Verbeek
    Seconded ByCouncillor Bowman

    That the minutes of the Regular Council Meeting held December 21, 2020 be adopted as amended.

    Carried
  • R21-01-003
    Moved ByCouncillor Garon
    Seconded ByCouncillor Verbeek

    That the minutes of the Special Council Meeting held December 1, 2020 be adopted as circulated.

    Carried

RE: 195 Bagot (Colchester School House Property)

James Flynn and Kim Lewis, the potential proponents to purchase the former Colchester schoolhouse property provided an overview by way of presentation of the development proposed for 195 Bagot Street. The proposed development would provide for 14 individual residential units for short term rental on the property plus accommodations in a rejuvenated schoolhouse building. The proponents stated that this proposed development will attract visitors and tourist spending in the area as well as promote new investment to the area. The proponents further stated that they would continue to work with the community and local residents to try to address any ongoing concerns they may have about the proposed development including noted concerns relating to Chimney swifts and heritage concerns and that they accordingly plan to take all reasonable steps to ensure that their proposed development fits within the fabric of the local community.     

  • R21-01-004
    Moved ByDeputy Mayor Meloche
    Seconded ByCouncillor Garon

    That the presentation regarding 195 Bagot Street presented by James Flynn and Kim Lewis be received.

    Carried

RE: 195 Bagot (Colchester School House Property) 

Laurie Brett, Chairperson, Essex Municipal Heritage Committee, provided Council with an update on the January 14, 2021 Heritage Committee meeting where the committee met to discuss the declaration of surplus and proposed sale of 195 Bagot Street. in particular Ms. Brett provided Council with the following recommendations to Council that the Committee passed (subject to or pending adoption) at the January 14, 2021 meeting:

(EMHC 21-01-05) That Council promptly revise Bylaw #855 related to the Sale of Surplus Lands to provide special recognition, protections and safeguards for publicly owned property of cultural heritage significance; and that said revised bylaw ensure robust stakeholder involvement by including enhanced public notice requirements with extended periods of public consultation; that all public notices announcing the potential or actual sale of public lands containing cultural heritage assets identify the affected property by legal description as well as familiar and commonly used names, with specific mention of their heritage designation status; and that Schedule A to Bylaw #855 be updated to include a separate list of cultural assets of historical significance.

(EMHC 21-01-06) That Council defer the sale of 195 Bagot Street until other parties have had an opportunity to bring forward suggestions on possible uses for the property and preservation plans related thereto, including a group provisionally referred to as the Friends of Colchester Schoolhouse.

(EMHC 21-01-07) That Council initiate the designation process to ensure future protection of 195 Bagot St., known as Colchester Schoolhouse, and the preservation of its heritage attributes.

Discussion ensued amongst Council. Councilor Bondy moved and and Councilor Bjorkman seconded a motion that Council move with the first recommendation noted by the Heritage Committee (EMHC 21-01-05). Councilor Bondy then withdrew this motion indicating a preference to hear first from all delegations this evening.  

  • R21-01-005
    Moved ByCouncillor Bondy
    Seconded ByCouncillor Bjorkman

    That the presentation by Laurie Brett, Chair, Essex Municipal Heritage Committee be received.

    Carried

RE: 195 Bagot (Colchester School House Property) 

Lynda Leopold and Heidi Affleck provided Council with the results of a survey they conducted regarding the sale and development of 195 Bagot Street.

  • R21-01-006
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Bjorkman

    That the verbal report and presentation by Lynda Leopold and Heidi Affleck be received.

    Carried

RE: 195 Bagot (Colchester School House Property) 

Perry Basden presented Council with his concerns regarding the sale of the Colchester Schoolhouse. Mr. Basden  further proposed the creation of the Friends of the Colchester Schoolhouse as a non-profit society. Mr. Basden expressed his commitment to the group and stated that it would take at minimum six to eight months.

  • R21-01-007
    Moved ByCouncillor Bowman
    Seconded ByDeputy Mayor Meloche

    That the presentation from Perry Basden be received.

    Carried

By-Law 1981

Being a by-law for the Declaration and Disposition of Surplus Land at 195 Bagot by The Corporation of the Town of Essex

At the December 21, 2020 Regular Council Meeting Resolution R20-12-470 was tabled by Resolution R20-12-471 until the January 18 2021 regular council meeting.

 

R21-01-008

Moved by Councilor Vander Doelen 

Seconded by Mayor Snively

That Resolution R20-12-470 in respect of By-Law 1981 being a by-law for the Declaration of Disposition of Surplus Land at 195 Bagot Street by The Corporation of the Town of Essex be taken from the table. Result: Carried

R20-12-470
Moved By Councilor Bowman
Seconded By Councilor Vander Doelen

That By-Law 1981 being a by-law for the Declaration and Disposition of Surplus Land at 195 Bagot by The Corporation of the Town of Essex be read a first, a second and a third time and be finally passed.

Discussion on R20-12-470 then ensued amongst Council.

R21-01-009
Moved By Deputy Mayor Meloche
Seconded By Councillor Bondy

That R20-12-470 in respect of By-law 1981 be tabled until Council's second meeting in March,  2021 (March 15) and that the current proponents be asked if they would consider moving their extending their offer to purchase to such time.

Result: Carried.

James Flynn stated that they were disappointed and would now need to consider what they heard and come back with their decision. Mr. Flynn stated that they were unsure at this point if they will withdraw the offer and seek other opportunities. 

RE: December 2020 Building Report and the Development Overview for 2020

Ms. Chadwick, Director of Development Services provided a brief overview of this report.

  • R21-01-010
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Bjorkman

    That Economic Development 2021-01 entitled Building Report and Development Overview 2020 prepared by Nelson Silveira, Economic Development Officer dated January 18, 2021 be received.

    Carried

RE: Agri-Tourism Strategy 2021

  • R21-01-011
    Moved ByCouncillor Vander Doelen
    Seconded ByDeputy Mayor Meloche

    That Economic Development 2021-03 entitled Agri-Tourism Strategy 2021 prepared by Nelson Silveira, Economic Development Officer dated January 18, 2021 be received.

    Carried
  • R21-01-012
    Moved ByCouncillor Garon
    Seconded ByCouncillor Bowman

    That all of the correspondence listed in Agenda Item 12.1 be received and, where indicated, to further share such information with the community using suitable methods of communication.

    Carried

12.1.1

RE: 2019-2020 Chief Drinking Water Inspector Annual Report

RE: By-Law 79-20 (Light Abatement) (Bylaw) from Leamington Council

RE: November 17, 2020 Meeting Minutes

RE: Removal of the Windsor International Airport from NAV Canada closure list

RE: Accessibility for Ontarians with Disabilities Act - Website Support

RE: Minister's Annual Report on Drinking Water (2020)

RE: Municipal Insurance in the Province of Ontario

RE: Property Tax Exemptions for Veteran Clubs

At the request of the Mover all of the Notice of Motions listed as Agenda item 16.1.1-16.1.3 on the January 18, 2021 Regular Council Meeting Agenda were deferred for consideration by Council to the February 1, 2021 Regular Meeting of Council.

RE: Victoria Avenue in Essex Centre

Moved by: Deputy Mayor Meloche

Seconded by: __________________

That in view of the fact that Victoria Avenue in Essex Centre is one of premier routes in and out of Essex Centre, and that this road has been in disrepair for many years, that the Victoria Avenue rehabilitation road project be included as part of the Downtown Essex Centre Revitalization.

RE: Drainage Billings

That in order for Council to be fully aware of outstanding billings for drainage projects, it is hereby requested that a detailed Drainage Billings Report be brought by Administration to Council in January/February 2021 for a full review of the Town's standing on such bills.

RE: Standards for Property Development

Moved by: Deputy Mayor Meloche

Seconded by: _________________

That with regard to Administration's current review of property development standards, that Council request the following additional change be brought forward to Administration as part of its property development standards review;

Whereas if a builder has been given relief on yard depths, including any side yard, as compared to our standard, that the type of home built on the property be thereby limited to one story meaning no second story and/or no back split; and

As well, the shortened requirement would be inclusive of any allowable additional structure such as a deck that may be permitted as part of the new structure.

RE: Declaring Cultural or Historic Property Surplus

That in advance of Council designating any public property surplus which has Cultural or Historic value, that the public is first consulted by means of social media, newspaper, town website, open houses, public meetings etc. and when properties are deemed to have heritage value, the Heritage Committee is also given notice and time to provide a recommendation to Council.

RE: Designating Public Property as Surplus

That only two readings be given to by-laws for designating public property surplus followed by third and final reading on the next agenda to guarantee public notice and transparency.

RE: Surplus Property Sold in Open Market

That when Council deems public property as surplus such property will be sold by request for proposal and/or listed on the open market to ensure that properties are sold in a transparent manner and for the highest price.

RE: Ad-Hoc Committee

That Essex Council establish an Ad-Hoc committee to come together to propose regulations and policies around Short Term Rental accommodations in the Town of Essex.

18.

Being a by-law to confirm the proceedings of the December 21, 2020 Regular Meeting of Council of The Corporation of the Town of Essex

  • R21-01-014
    Moved ByCouncillor Bowman
    Seconded ByCouncillor Garon

    That By-Law 1977 being a by-law to confirm the proceedings of the December 21, 2020 Regular Meeting of the Council of The Corporation of the Town of Essex, be read a third time and finally passed on January 18, 2021.

    Carried

Being a by-law to provide for an interim tax levy and to provide for payment of taxes and to provide for penalty and interest

  • R21-01-015
    Moved ByDeputy Mayor Meloche
    Seconded ByCouncillor Bjorkman

    That By-Law 1982 being a by-law to provide for an interim tax levy and to provide for the payment of taxes and to provide for penalty and interest be read a first, a second and a third time and finally passed on January 18, 2021.

    Carried

Being a by-law to impose a local improvement charge and to provide for the issue of debentures in the amount of $167,047.76 for shoreline assistance loans

  • R21-01-016
    Moved ByCouncillor Verbeek
    Seconded ByCouncillor Bowman

    That By-Law 1983 being a by-law to impose a local improvement charge and to provide for the issuance of debentures in the amount of $167,047.76 for shoreline assistance loans be read a first, a second and a third time and finally passed on January 18, 2021.

    Carried

Being a by-law to confirm the proceedings of the January 18, 2021 Regular Meeting of the Council of The Corporation of the Town of Essex

  • R21-01-017
    Moved ByDeputy Mayor Meloche
    Seconded ByCouncillor Verbeek

    That By-Law 1984 being a by-law to confirm the proceedings of the January 18, 2021 Regular Meeting of the Council of the Corporation of the Town of Essex, be read a first and a second time and provisionally adopted on January 18, 2021.

    Carried
  • R21-01-018
    Moved ByDeputy Mayor Meloche
    Seconded ByCouncillor Bjorkman

    That the meeting be adjourned at 9:45 PM

    Carried
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