REGULAR MEETING OF COUNCIL
AGENDA

Monday, September 27, 2021 at 6:00 P.m. - 8:00 P.m.

Council Chambers

2021 Division Road N

Kingsville, Ontario N9Y 2Y9

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A.

CALL TO ORDER

In light of the ongoing COVID-19 pandemic, this Regular Meeting of Council is being held electronically. Members will meet via electronic participation. Members of the public can view the meeting at www.kingsville.ca/meetings and select the VIDEO icon.

B.

MOMENT OF SILENCE AND REFLECTION

C.

PLAYING OF NATIONAL ANTHEM

Live singing of O'Canada by Simone Dicaire

D.

DISCLOSURE OF PECUNIARY INTEREST

When a member of Council has any pecuniary interest, direct or indirect, in any matter which is the subject of consideration at this Meeting of Council (or that was the subject of consideration at the previous Meeting of Council at which the member was not in attendance), the member shall disclose the pecuniary interest and its general nature, prior to any consideration of the matter.

E.

MATTERS SUBJECT TO NOTICE

1.

Combined Consent and Zoning By-law Amendment Application for Surplus Dwelling Severance File B/17/21 & ZBA/22/21 by David & Anna Dyck 177 County Rd 14 E Part lot 17, Concession 9 Roll No. 3711 550 000 00500

K. Brcic, Town Planner

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment and Consent, dated September 3, 2021;

ii) Report of K. Brcic, dated September 13, 2021;

iii) Proposed By-law 75-2021, being a by-law to amend By-law 1-2014, the  Comprehensive Zoning By-law for the Town of Kingsville.

• Recommended Action

  That Council:

  Approve consent application B/17/21 to sever an existing dwelling, deemed surplus to the needs of the applicants’ farming operation on a 0.5 ha (1.3 ac.) lot shown as Part 1 on the applicants’ sketch, known as 177 County Road 14 East, in the Town of Kingsville, subject to the following conditions:

  1. That a reference plan be deposited in the registry office, both an electronic and paper copy of the registered plan is to be provided to the Town.

  2. That any special assessment imposed pursuant to the provisions of the Local Improvement Act and/or Municipal Act be paid in full along with all municipal taxes.

  3. That any necessary drainage apportionments be undertaken.

  4. That as a result of the severance, owners shall become liable by way of up front monies for the assessment and taxation of their properties for any waterworks or sanitary sewer systems affecting their properties, in accordance with the Fees By-law in effect on the date of certification of the deed.

  5. The zoning of the retained parcel be amended to prohibit future dwellings prior to certification (ZBA/22/21).

  6. That the applicant provide confirmation to the satisfaction of the Town the location of any existing septic systems in relation to the revised lot line locations.

  7. That the necessary deed(s), transfer or changes be submitted in triplicate, signed and fully executed (no photocopies), including a copy of the reference plan, prior to certification.

  8. The conditions imposed above shall be fulfilled by September 27, 2022 or this application shall be deemed to be refused in accordance with Section 53(41) of the Planning Act.

     Approve zoning by-law amendment application ZBA/22/21 to rezone the retained parcel, in Part Lot 17, Concession 9, in the Town of Kingsville, from ‘Agriculture (A1)’ to ‘Agriculture – Restricted (A2)’ and adopt the implementing by-law.

2.

Zoning By-law Amendment File ZBA/17/21 by Julie Sherman - Dann 1775 Division Rd N Concession 1 WD, Pt Lot 1 Roll No. 3711 320 000 06600

K. Brcic, Town Planner

i) Notice of Complete Application Application and Public Meeting: Zoning By-law Amendment, dated September 1, 2021;

ii) Report of K. Brcic, dated September 14, 2021;

iii) Proposed By-law 74-2021, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

• Recommended Action

  That Council:

  approve Zoning By-law Amendment application ZBA/17/21 to rezone the subject lands at 1775 Division Rd N (County Road 29), Concession 1 WD, Pt Lot 1, Town of Kingsville, from ‘Rural Residential (RR)’ to ‘Rural Residential Exception 15 (RR-15)’ and adopt the implementing by-law.

F.

AMENDMENTS TO THE AGENDA

G.

ADOPTION OF ACCOUNTS

1.

Town of Kingsville Accounts for the month ending August 31, 2021

• Recommended Action

  That Council receives Town of Kingsville Accounts for the monthly period ended August 31, 2021 being TD cheque numbers 0077087 to 0077431 for grand total of $2,291,703.30

H.

STAFF REPORTS

1.

2021 Engineering Services – Request For Quotes

T. Del Greco, Manager of Engineering

• Recommended Action

  That Council award engineering services for the replacement of watermain on Stonehedge Drive, Coghill Drive, Allen Court, and Long Court to RC Spencer in the amount of $70,000 (excluding HST) and authorize the Mayor and Clerk to execute the requisite agreement;

  And That Council award engineering services for resurfacing of Cedar Island Subdivision, replacement of sections of Lorna and Edith Street watermain, and reconstruction of the Cedar Island Park laneway to RC Spencer in the amount of $43,000 (excluding HST), and further, reallocate the expected surplus from Account #130-360-71825 in order to fund the aforementioned engineering services.

2.

Lions Park - Phase 2 Development

R. Wyma, Director of Community and Development Services

• Recommended Action

  That Council approve amendments to the Lions Park Development Phase 2 including the planting of additional trees as may be required, moving the shade structure from the basketball area to the proposed playground area (Phase 3), and relocate the Multi-Use Court to Ridgeview Park to replace the existing basketball court which is in disrepair; and further,

  That Council accept the revised tender bid of $182,175 from Greenlight General Contracting Inc. to complete the construction of Phase 2 of the Lions Park development; and further,

  That Administration review the design of the proposed Washroom facilities to ensure the design and facility meets the needs of its users; and further,

  That Administration develop a new Park Classification System based on the system included in the 2013 Official Plan and the 2018 Parks, Recreation, Arts and Culture Master Plan; and further,

  That Administration explore the introduction of a Park Watch, or after-hours emergency program.

3.

Highland Games Committee

J. Galea, Manager of Human Resources

• Recommended Action

  That Council approves the recommendation of applicants to the Highland Games Committee: Amanda Everaert, Wendy Mussleman, Tim Fuerth, and Victor Chepeka.

4.

Shoreline Assistance Loan Program

R. McLeod, Director of Financial and IT Services

• Recommended Action

  That Council receive the ‘Shoreline Assistance Loan Program’ report in response to Motion 233-2021.

5.

By-law 77-2021, being a by-law to govern the Calling, Place and Proceedings of Council and Committees (Procedure By-law)

S. Kitchen, Acting Clerk

• Recommended Action

  That Council pass the new Procedure By-law in the form attached hereto as “Appendix A”

I.

MINUTES OF THE PREVIOUS MEETINGS

1.

Regular Meeting of Council--September 13, 2021

2.

Regular Closed Session Meeting of Council Minutes--September 13, 2021

• Recommended Action

  That Council adopts Regular Meeting of Council Minutes dated September 13, 2021 and Regular Closed Session Meeting of Council Minutes dated September 13, 2021.

J.

MINUTES OF COMMITTEES AND RECOMMENDATIONS

1.

Kingsville B.I.A.--July 13, 2021 and August 10, 2021

• Recommended Action

  That Council receives Kingsville B.I.A. Meeting Minutes dated July 13, 2021 and August 10, 2021

2.

Kingsville Municipal Heritage Advisory Committee--July 20, 2021

• Recommended Action

  That Council receives Kingsville Municipal Heritage Advisory Committee Meeting Minutes dated July 20, 2021

3.

Committee of Adjustment--July 20, 2021

• Recommended Action

  That Council receives Committee of Adjustment Meeting Minutes dated July 20, 2021

4.

Planning Advisory Committee--July 20, 2021

• Recommended Action

  That Council receives Planning Advisory Committee Meeting Minutes dated July 20, 2021

5.

Union Water Supply System Joint Board of Management--July 21, 2021

• Recommended Action

  That Council receives Union Water Supply System Joint Board of Management Meeting Minutes dated July 21, 2021

6.

Park Recreation Arts and Culture Committee--June 17, 2021

• Recommended Action

  That Council receives Park Recreation Arts and Culture Committee Meeting Minutes dated June 17, 2021 together with the following sub-committee minutes:

  Communities in Bloom - May 4, 2021

  Fantasy of Lights - April 27, 2021

  Migration Festival - April 27, 2021

K.

BUSINESS CORRESPONDENCE - INFORMATIONAL

1.

Town of Douro-Dummer--Correspondence dated August 24, 2021 RE: Bill C-21, An Act to amend Certain Acts and to make certain consequential amendments (firearms)

2.

Municipality of Trent Lakes--Correspondence dated September 9, 2021 RE: OHIP Eye Care Resolution R2021-593

3.

Gosfield North Sportsmen Association--Correspondence dated September 12, 2021 RE: 2021 Pheasant Release Program / Request that Council continue its partnership by contributing licence fees collected for the 2021 hunting season

4.

County of Essex correspondence dated September 15, 2021 RE: Regional Affordable Housing Strategy and Review of Social Housing Cost Sharing Agreement

5.

Township of Scugog correspondence dated September 17, 2021 RE: Structure Inventory and Inspections

6.

Town of Essex correspondence dated September 21, 2021 RE: Association of Municipalities of Ontario (AMO) 2021 Conference and Broadband Internet as essential service

7.

Huron Kinloss correspondence dated September 21, 2021 RE: Provincial Offences Court and Bill 177

8.

Save Eyecare in Ontario--Correspondences from local optometrists:

• Recommended Action

  That Council receives Business Correspondence-Informational items 1 through 8.

a.

Correspondence from Dr. Mastronardi dated September 14, 2021

b.

Correspondence from Dr. Mockler dated September 13, 2021

c.

Correspondence from Dr. McCormick dated September 14, 2021

d.

Draft form of requested Resolution

L.

NOTICES OF MOTION

1.

Deputy Mayor Queen may move or cause to have moved:

That Council enter into a discussion as to the manner in which votes should be cast for the next municipal election that is scheduled to be held October 24, 2022.

2.

Councillor Lucier may move or cause to have moved:

That Council designate November 15 to raise awareness of Violence Against Women, encourage staff and residents to wear purple, and provide information on the Town website and social media.

3.

Councillor DeYong may move or cause to have moved:

That:

1. The Town of Kingsville asks the Town of Essex to require the E.L.K. executive leadership and E.L.K. Board of Directors to embark on a comprehensive review of supply of electricity, why its supply is unreliable, why E.L.K. is unresponsive to customer complaints and concerns and why E.L.K. won’t work with the Town of Kingsville on a road use agreement. The Town of Essex can do this through a unanimous shareholders declaration or similar resolution.
2. Failing satisfactory resolution from the Town of Essex and E.L.K. in regard to the items above within four months, that Administration bring a report to Council on options available to the Town to hold E.L.K. accountable including (but not limited to) a complaint or application to the Ontario Energy Board.

M.

UNFINISHED BUSINESS, ANNOUNCEMENTS AND UPDATES

N.

BYLAWS

1.

By-law 74-2021

Being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (1775 Division Road North, CON 1 WD, Pt Lot 1 ZBA/17/21)

To be read a first, second and third and final time.

2.

By-law 75-2021

Being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (177 County Road 14 E, Part Lot 17, Conc 9, ZBA/22/21)

To be read a first, second and third and final time.

3.

By-law 77-2021

Being a By-law to Govern the Calling, Place and Proceedings of Council and Committees

To be read a first, second and third and final time.

O.

CONFIRMATORY BY-LAW

1.

By-law 78-2021

Being a By-law to confirm the proceedings of the September 27, 2021 Regular Meeting of Council

To be read a first, second and third and final time.

P.

ADJOURNMENT