Regular Meeting of Council

Minutes

Monday, September 23, 2024

6:00 P.m. - 10:00 P.m.

Unico Community Centre

37 Beech Street

Kingsville, ON N9Y 1A9

Present

• Mayor Dennis Rogers
• Deputy Mayor Kimberly DeYong
• Councillor Tony Gaffan
• Councillor Debby Jarvis-Chausse
• Councillor Sheri Lowrie
• Councillor Thomas Neufeld
• Councillor Larry Patterson

Staff Present

• CAO, John Norton
• Acting Clerk, Angela Toole
• Deputy Clerk, Natalie Sharp

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A.

Call to Order

Mayor Rogers called the Regular Meeting to order at 6:01 p.m.

B.

Land Acknowledgement

Mayor Rogers acknowledged the Three Fires Confederacy (Ojibwe, Potawatomie and Odawa) and the Traditional ancestral, unceded territory of Caldwell First Nation; the original people of Point Pelee, Pelee Island and its surrounding waters. We recognize and respect the First Nations who are stewards of the land and waters of Turtle Island and who have embraced this stewardship since time immemorial. We would also like to acknowledge all the moccasins who have walked lands of Turtle Island.

C.

Moment of Silent Reflection and National Anthem

Mayor Rogers invited everyone to stand for a moment of silent reflection and the National Anthem.

D.

Mayor's Welcome and Remarks

Mayor Rogers acknowledged that the artwork displayed in Council Chambers was designed by Métis encaustic sculptor Tracey-Mae Chambers, known for her "Hope and Healing" installations. The installations are created using red string, which symbolizes blood, passion, and anger. According to the artist, the colour also reflects the slur against Indigenous peoples and represents danger, power, courage, and love. He explained that the installations are detailed and temporary, and after being set up and photographed, they are disassembled, and the same string is reused for the next installation.

Mayor Rogers thanked the artist for creating the piece, which serves as a reminder of the upcoming National Day for Truth and Reconciliation on September 30. He recognized the ongoing impacts of residential schools on victims, survivors, and their families, along with the need for continued remembrance, healing, and reconciliation.

Mayor Rogers reminded the public that there will be an Orange Shirt Walk at the Kingsville Recreation Complex, Baseball Diamond 5, beginning at noon, on Monday. Participants are encouraged to wear orange, and further details are available on the town’s website at kingsville.ca/ndtr.

E.

Amendments to the Agenda

None.

F.

Disclosure of Pecuniary Interest

Mayor Rogers reminded Council that any declaration is to be made prior to each item being discussed and to identify the nature of the conflict, if any, as the agenda items come forward.

None disclosed.

G.

Report out of Closed Session

Pursuant to Section 239(2) on the Municipal Act, 2001, Council entered into Closed Session at 5:00 p.m. and 7:06 p.m. on September 9, 2024, to discuss the following items:

Item I - Update on Matter Before an Administrative Tribunal heard under Section 239(2)(e) being litigation or potential litigation, including matters before administrative tribunals, affecting the municipality. Administration presented a report (Ontario Land Tribunal Appeal – 183 Main Street) in Open Session on the same date and Council gave direction authorizing a settlement of the appeal before the Ontario Land Tribunal.

Item II - Development Update heard under Section 239(2)(b) being personal matters about an identifiable individual; and; 239(2)(e) being litigation or potential litigation. There is nothing further to report.

Further, pursuant to Section 239(2) of the Municipal Act, 2001, the Committee of the Whole entered into Closed Session at 7:37 p.m. on September 16, 2024, to discuss the following item:

Item I - Personnel Matters heard under Section 239(2)(b) personal matters about an identifiable individual, including municipal employees; and, Section 239(2)(d) labour relations or employee negotiations. There is nothing further to report.

H.

Delegations

None.

I.

Presentations

None.

J.

Matters Subject to Notice

1.

Kunch Drain

Robert Ure, owner of parcel # 390-03502, appeared before Council in support of Administration's report.

• 174-09232024
  Moved By: Councillor Gaffan
  Seconded By: Councillor Neufeld

  That the Engineer’s Report prepared by Rood Engineering dated March 20, 2024, for the new access for parcel 390-03502 under Section 78 of the Drainage Act, BE ADOPTED.

  
  

  For (6)

  Councillor Gaffan, Councillor Neufeld, Councillor Patterson, Mayor Rogers, Councillor Jarvis-Chausse, and Councillor Lowrie

  
  
  
  Carried (6 to 0)

2.

7th Concession Drain

Dorothy Merritt, landowner, appeared before Council to inquire whether the requisite payment from the Schedule of Assessment will be added to the tax bill and what payment options are available. 

Lu-Ann Marentette, Drainage Superintendent, responded if the amount owed is under $250, it will be added to the tax bill for a one-time payment. If the amount is over $250, an invoice will be provided with options to pay within a year or over multiple years.

• 175-09232024
  Moved By: Councillor Patterson
  Seconded By: Councillor Jarvis-Chausse

  That the Engineer’s Report prepared by N.J. Peralta Engineering dated July 19, 2024, on the 7^th Concession Drain for an emergency access replacement for Roll # 460-00701 and 460-00702, pursuant to section 78 of the Drainage Act BE ADOPTED.

  
  

  For (6)

  Councillor Gaffan, Councillor Neufeld, Councillor Patterson, Mayor Rogers, Councillor Jarvis-Chausse, and Councillor Lowrie

  
  
  
  Carried (6 to 0)

3.

Consent (B-2024-16) and Zoning By-law Amendment (ZBA-2024-8) for 3442 County Road 23

• 176-09232024
  Moved By: Councillor Neufeld
  Seconded By: Councillor Patterson

  That consent application B-2024-16, to sever an existing dwelling, deemed surplus to the needs of the applicants’ farming operation with an area of 1.88 ac (0.76 ha) shown as Part 2 & 4 on the applicants’ sketch and to create a permanent easement in favour of the severed farm lot shown as Part 3 on the applicants’ sketch, known as 3442 County Road 23, in the Town of Kingsville, BE APPROVED, subject to the following conditions:

  1. That the necessary deed(s), transfer or changes be submitted electronically, signed and fully executed, including a copy of the reference plan, prior to certification.
  2. That the Owner provide confirmation to the satisfaction of the Town that the new septic system on the property meets Ontario Building Code requirements and setbacks in relation to the revised lot line locations.
  3. That the Owner obtain a permit from the County of Essex for a new driveway access for the retained farm lot on County Road 23 prior to consent being endorsed on the deeds
  4. That, prior to consent being endorsed on the deeds, the property owners are to execute an agreement for drainage apportionment due to lands severance approved by the Municipality for each parcel being severed and provide us with a lot grading plan. Drainage Apportionment Agreement Request, 12R plan and lot grading plan shall be submitted to the Municipality a minimum of one month prior to the stamping of the deeds.
  5. The conditions imposed above shall be fulfilled by September 23, 2026, or this application shall be deemed to be refused in accordance with Section 53(41) of the Planning Act.

  That Zoning by-law application ZBA-2024-8, to amend the Comprehensive Zoning By-law 1-2014 for the Town of Kingsville, to amend the zoning on the retained farm parcel municipally known as VL County Road 23 from ‘General Agricultural (A1)’ to ‘Agricultural - Restricted (A2)’ and the severed residential parcel known as 3442 County Road 23 from ‘General Agricultural (A1)’ to ‘Rural Residential (RR)’ BE APPROVED

  That the corresponding Zoning By-law Amendment (By-law 71-2024) BE ADOPTED, during the By-law section of this Council agenda.

  
  

  For (6)

  Councillor Gaffan, Councillor Neufeld, Councillor Patterson, Mayor Rogers, Councillor Jarvis-Chausse, and Councillor Lowrie

  
  
  
  Carried (6 to 0)

K.

Reports - Planning and Development Services

1.

Cottam Community Centre – New Build

• 177-09232024
  Moved By: Councillor Patterson
  Seconded By: Councillor Gaffan

  That the Cottam Community Centre Tender BE AWARDED to TCI Titan Contracting Inc. in the amount of $2,731,089 (excluding HST) and the Mayor and Clerk BE AUTHORIZED to execute the requisite agreement.

  
  

  For (6)

  Councillor Gaffan, Councillor Neufeld, Councillor Patterson, Mayor Rogers, Councillor Jarvis-Chausse, and Councillor Lowrie

  
  
  
  Carried (6 to 0)

L.

Reports - Finance and Corporate Services

1.

Kingsville 2024 Parades Road Closures

Council requested that Administration prepare a report in the new year providing an update on the Migration Festival Parade and the Fantasy of Lights Santa Claus Parade.

• 178-09232024
  Moved By: Councillor Lowrie
  Seconded By: Councillor Patterson

  That Council APPROVES the following streets be closed to vehicle traffic on Saturday, October 19, 2024, for the Migration Festival Parade;

  1. Staging area at 8 am: Wigle Avenue from Main Street to Lakeview Avenue
  2. Parade route at 10:00 am heading north on Wigle Avenue, turning west onto Main Street East, turning south onto Division Road South.
  3. The parade will end at Mill St, and parade floats will disperse southwards.
  4. Destaging area for 30 minutes after the parade end: Division St. from Mill St. to Stewart St. and Stewart St. from Division St. to Queen St.

  And that Council APPROVES the following streets be closed to vehicle traffic on Saturday, November 16, 2024, for the Fantasy of Lights Parade;

  1. Staging area at 2:00 pm: Wigle Avenue from Main Street to Lakeview Avenue
  2. Parade route at 5:00 pm: heading north on Wigle Avenue, turning west onto Main Street East, turning south onto Division Road South, turning east onto Park St.
  3. The parade will end at Park St.
  4. Destaging area for 30 minutes after the parade ends: Park St. from Division Rd. to 140 Park St.
  
  

  For (6)

  Councillor Gaffan, Councillor Neufeld, Councillor Patterson, Mayor Rogers, Councillor Jarvis-Chausse, and Councillor Lowrie

  
  
  
  Carried (6 to 0)

2.

Property Standards By-law Update

• 179-09232024
  Moved By: Councillor Patterson
  Seconded By: Councillor Neufeld

  That subsection 5.11 as contained in Property Standards By-law 68-2023 be carried over as currently written and that the remaining proposed amendments to the Property Standards By-law BE APPROVED;

  And that the new Property Standards By-law 72-2024, being a By-law to establish procedures governing the standards for the maintenance and occupancy of property within the Town, BE ADOPTED during the By-law stage of the Council Agenda.

  
  

  For (6)

  Councillor Gaffan, Councillor Neufeld, Councillor Patterson, Mayor Rogers, Councillor Jarvis-Chausse, and Councillor Lowrie

  
  
  
  Carried (6 to 0)

M.

Reports - Fire Rescue Services

None.

N.

Reports - Public Operations

1.

Veterans Sculpture and Garden - Lakeside Park

• 180-09232024
  Moved By: Councillor Lowrie
  Seconded By: Councillor Jarvis-Chausse

  That Council DIRECT Administration to remove the Veteran Memorial Sculpture, stone curb and associated Garden at Lakeside Park;

  And that Administration BE DIRECTED to consult with the Kingsville Military Museum and the Royal Canadian Legion Branch 188 on the planting of a tree and the installation of a commemorative plaque at a location to be determined, at Lakeside Park.

  
  

  For (6)

  Councillor Gaffan, Councillor Neufeld, Councillor Patterson, Mayor Rogers, Councillor Jarvis-Chausse, and Councillor Lowrie

  
  
  
  Carried (6 to 0)

O.

Reports - Building Services

None.

P.

Reports - CAO's Office

1.

Amendments to the Procedure By-law

• 181-09232024
  Moved By: Councillor Neufeld
  Seconded By: Councillor Gaffan

  That the proposed amendments to the Procedure Bylaw include a time limit of up to 10 minutes related to section 6.7 b),(items listed on the agenda).

  
  

  For (4)	Councillor Gaffan, Councillor Neufeld, Mayor Rogers, and Councillor Lowrie
  Against (2)	Councillor Patterson, and Councillor Jarvis-Chausse

  
  
  
  Carried (4 to 2)
• 182-09232024
  Moved By: Councillor Jarvis-Chausse
  Seconded By: Councillor Neufeld

  That Council APPROVE the proposed amendments to the Procedure By-law, being a By-law to govern the calling, place and proceedings of Council and Committees;

  And that, the new Procedure By-law 68-2024 BE ADOPTED during the By-law stage of the Agenda.

  
  

  For (6)

  Councillor Gaffan, Councillor Neufeld, Councillor Patterson, Mayor Rogers, Councillor Jarvis-Chausse, and Councillor Lowrie

  
  
  
  Carried (6 to 0)

Q.

Consent Agenda

• 183-09232024
  Moved By: Councillor Patterson
  Seconded By: Councillor Gaffan

  That Items 1 and 2 on the Consent Agenda, BE RECEIVED.

  
  
  
  Carried

1.

Reports for Information

a.

Local Improvement - Wigle Grove Road Sanitary Sewer

2.

Minutes

a.

Regular Meeting Minutes - September 9, 2024

b.

Migration Festival Minutes - June 25, 2024

c.

BIA Minutes - August 13, 2024

R.

Correspondence

1.

E.L.K. Energy Inc. Board Update Letter dated September 13, 2024

S.

Notices of Motion

None.

T.

Unfinished Business and Announcements

None.

U.

By-laws

• 184-09232024
  Moved By: Councillor Gaffan
  Seconded By: Councillor Jarvis-Chausse

  That the following By-laws receive two readings and be provisionally adopted:

  By-law 65-2024 - being a By-law to provide for a new bridge over the Kunch Drain at a total estimated cost of $37,000 in the Town of Kingsville, in the County of Essex

  By-law 66-2024 – being a By-law to provide for the emergency access replacement over the 7th Concession Drain for Parcel Nos. 460-00701 and 460-00702 at a total estimated cost of $264,154 in the Town of Kingsville, in the County of Essex

  
  
  
  Carried
• 185-09232024
  Moved By: Councillor Patterson
  Seconded By: Councillor Neufeld

  That the following By-laws receive three readings and finally pass:

  By-law 68-2024 - being a By-law to Govern the Calling, Place and Proceedings of Council and Committees

  By-law 71-2024 - being a By-law to amend By-law No. 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville

  By-law 72-2024 - being a By-law to establish procedures governing the standards for the maintenance and occupancy of property within the municipality

  By-law 73-2024 - being a By-law to confirm the proceedings of the Council of the Corporation of the Town of Kingsville at its September 23, 2024 Regular Meeting of Council

  
  
  
  Carried

V.

Closed Session

• 186-09232024
  Moved By: Councillor Patterson
  Seconded By: Councillor Lowrie

  That Council enter into Closed Session at 7:33 pursuant to section 239(2) of the Municipal Act, 2001, to discuss the following items:

  Item I - Road Naming to be heard under Section 239(2)(b) being personal matters about an identifiable individual, including municipal employees, and

  Item II - Development Plan to be heard under Section 239(2)(k) being a position, plan, procedure, criteria, or instruction to be applied to negotiations;

   

  
  
  
  
  Carried

W.

Adjournment

• 186-09232024
  Moved By: Councillor Jarvis-Chausse
  Seconded By: Councillor Gaffan

  That Council rise from Closed Session and adjourn its Regular Meeting at 8:20 p.m. 

  
  
  
  Carried