REGULAR MEETING OF COUNCIL
REVISED AGENDA

Monday, June 27, 2022 at 6:00 P.m. - 10:00 P.m.

Council Chambers

2021 Division Road N

Kingsville, Ontario N9Y 2Y9

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A.

CALL TO ORDER

Council has returned to in-person meetings. Members of the public can continue to view the meeting via livestream at www.kingsville.ca/livestream. 

B.

LAND ACKNOWLEDGEMENT

We acknowledge 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 like to acknowledge other nearby First Nations Communities and First Nations across Turtle Island.

C.

MOMENT OF SILENT REFLECTION AND NATIONAL ANTHEM

D.

AMENDMENTS TO THE AGENDA

E.

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.

F.

REPORT OUT FROM CLOSED SESSION--June 13, 2022 Regular Meeting of Council

Council met in Closed Session on June 13, 2022 at 8:04 p.m. to discuss three items as provided for under Section 239(2) of the Municipal Act.

Item I was heard under Subsection 239(2)(f) [advice that is subject to solicitor-client privilege] and there is nothing further to report.

Item II was heard under Subsection 239(2)(b) [personal matters about identifiable individuals, including municipal or local board employees] and there is nothing further to report.

And finally, Item III was heard under Subsection 239(2)(b) [personal matters about an identifiable individual] and there is nothing further to report.

G.

DELEGATIONS

1.

Brian Armstrong on behalf of Ridge Side Estates Group RE: Town of Kingsville Policy on the Timing of the Installation of Sidewalks in the Ridge Side Estates Subdivision

Dan Caster and Ed Hooker will also be in attendance.

SEE Correspondence request dated June 13, 2022 from Ridge Side Estates Group, a joint venture of Wobocorp Ltd., David Armstrong Farms Inc. and 2506665 Ontario Ltd.

2.

Richard Colasanti and Carly Colasanti, Residents RE: Staff Report K-4 Kingsville Temporary Farm Worker Housing Study--Final Report and Recommendations

3.

Aaron Coristine, Ontario Greenhouse Vegetable Growers (OGVG)--RE: Staff Report K-4 Kingsville Temporary Farm Worker Housing Study--Final Report and Recommendations

H.

PRESENTATIONS

1.

Dr. Janice Forsyth, Consultant, Foresight Management Consulting--Town of Kingsville Customer Service Review Presentation

SEE: PowerPoint presentation entitled 'Customer Service Review Final Report, June 27, 2022'

SEE: Staff Report Item O-1

2.

Gregory Bender, Director, WSP Canada and Will Lamond, Planner, WSP Canada RE: Kingsville Temporary Foreign Worker Housing Study

SEE:  Staff Report Item K-4

I.

MATTERS SUBJECT TO NOTICE

1.

ZBA 11/22 - Removal of Holding-H Symbol from Property known as Branco Estates on Jasperson Drive

R. Wyma, Director of Community and Development Services

i) Report dated June 27, 2022;

ii) Proposed By-law 35-2022, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville;

iii) Notice of an Intention to Pass an Amending By-law to Remove the H-Holding Symbol, dated May 25, 2022.

• Recommended Action
  1. That Zoning By-Law Amendment application ZBA 11/2022 to remove the H-Holding Symbol on lands located on the East side of Jasperson Drive, north of Main Street East (Part of Lot 3, Concession 1 ED and further described as Part 1, RP I 2R 28688) to permit the proposed development of SXS BE APPROVED; and,

  2. That By-Law 35-2022 being a by-law to amend By-law 1-2014, the Comprehensive Zoning By-Law for the Town of Kingsville be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

J.

REPORTS--COMMITTEES

There are no Committee reports.

K.

REPORTS - COMMUNITY AND DEVELOPMENT SERVICES

1.

ICIP Transfer Payment Agreement - Community, Culture and Recreation Stream

R. Wyma, Director of Community and Development Services

• Recommended Action
  1. THAT the Mayor and Clerk BE AUTHORIZED to sign a Transfer Payment Agreement between the Ministry of Infrastructure and The Corporation of the Town of Kingsville, for the Town of Kingsville – Investing in Canada Infrastructure (ICIP): Community, Culture and Recreation Infrastructure Funding Stream; and,
  2. THAT Administration BE DIRECTED to proceed with tendering services required to complete the project.

2.

PLC/01/16 - Exemption from Part Lot Control 1364674 Ontario Limited Lot 11 on Plan 12M-587 72 & 74 York Boulevard, York Boulevard Subdivision - Phase 4A

R. Wyma, Director of Community and Development Services

• Recommended Action
  1. That Lots 10 and 11 on Registered Plan 12M-587 BE EXEMPT from Section 50(5) of the Planning Act as per Part Lot Control Exemption By-law 116-2016;

  2. That By-law 37-2022 being a by-law to exempt certain lands from Part Lot Control

     (York Subdivision, Phase 4A – 12 M-587) be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same; and,

  3. Council authorize and direct Development Services to register By-law 37-2022 on title, subject to the following conditions:
     1. A revised lot grading plan be completed and submitted to the Town for approval.

     2. A revised lot servicing plan where each lot has its own service connections (storm, sanitary & water).

     3. Applicant to provide proof of separate service connections for Plan 12M-587, Lot 11, Parts 1 and 2

3.

Review of Bill 109, the More Homes for Everyone Act, 2022

R. Wyma, Director of Community and Development Services

• Recommended Action
  1. That authority to approve Site Plan applications BE DELEGATED to the Director of Community and Development Services, upon receiving a recommendation from the Manager of Planning and any other applicable Town departments; and,

  2. That Administration BE DIRECTED prepare an Official Plan Amendment which requires pre-application public consultation meetings, led by the applicant or their agent, on certain Official Plan Amendments and Zoning Bylaw Amendments, and that additional public meetings not be required for a planning application if not required under the Planning Act.

4.

Kingsville Temporary Farm Worker Housing Study – Final Report and Recommendations

R. Wyma, Director of Community and Development Services

• Recommended Action
  1. That Administration BE DIRECTED to prepare Official Plan Amendments and Zoning By-Law Amendments to:

  2. Create a new definition of “Temporary Farm Worker Dwelling Unit” (“TFWDU”), with three sub-categories being:
     1. Small (4 or less temporary farm workers)
     2. Medium (5 to 9 temporary farm workers)
     3. Large (10 and more temporary farm workers)

  3. Allow Small TFWDUs in all agricultural areas and (urban) residential areas, both on the farm and off the farm;

  4. Allow Medium TFWDUs in agricultural areas, both on the farm and off the farm;

  5. Allow Large TFWDUs in agricultural areas, only on the farm where workers are employed;

  6. Require all new TFWDUs located on the farm where workers are employed to provide additional amenity spaces for workers and separation from operational facilities;

  7. Require all TFWDUs to be licensed by the Town at $150 per TFWDU per annum; and,

  8. The maximum number of persons in a TFWDU is determined by the lower of the limit set by:
     1. The Windsor Essex County Health Unit
     2. The Kingsville Fire Department / Fire Code
     3. 28 sq.m (300 sq.ft.) per person of liveable completed space

a.

Revised Recommendations

R. Wyma, Director of Community and Development Services

• Recommended Action

   

  1. That Administration BE DIRECTED to prepare Official Plan Amendments and Zoning By-Law Amendments to:

  a) Create a new definition of “Boarding, Lodging, and Rooming House” (“BLRH”), with three sub-categories being:

  a. Small (4 or less occupants)

  b. Medium (5 to 9 occupants)

  c. Large (10 and more occupants)

  b) Allow Small BLRHs in all agricultural and residential areas;

  c) Allow Medium BLRHs in all agricultural and residential areas;

  d) Allow Large BLRHs in in all agricultural and residential areas, subject to Site Plan Control;

  e) Require all new BLRHs located on a farm where occupants of the BLRH are employed to provide additional amenity spaces for workers and separation from operational facilities;

  f) Require all BLRHs to be licensed by the Town at $150 per BLRH per annum; and,

  g) The maximum number of persons in a BLRH is determined by the lower of the limit set by:

  a. The Windsor Essex County Health Unit

  b. The Kingsville Fire Department / Fire Code

  c. 28 sq.m (300 sq.ft.) per person of liveable completed space.

b.

Correspondence from the Ontario Human Rights Commission, Office of the Chief Commissioner, dated June 24, 2022 RE: Housing for migrant workers

5.

2022 Canada Day

K. Loney, Manager of Recreation Programs and Special Events

• Recommended Action

  That Council APPROVE the closure of old Jasperson Drive to traffic on July 1, 2022, from 10:00 AM to 8:00 PM for Canada Day events.

L.

REPORTS - FINANCIAL SERVICES AND INFORMATION TECHNOLOGY

No reports at this time.

M.

REPORTS - FIRE SERVICES

1.

2022 Kingsville Emergency Response Plan

J. Quennell, Fire Chief

• Recommended Action
  1. That the updated Kingsville Emergency Response Plan (ERP) BE APPROVED, as submitted; and,
  2. That By-law 27-2022 being a by-law to adopt an Emergency Response Plan governing the provisions of necessary services during such emergencies be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

N.

REPORTS - INFRASTRUCTURE AND ENGINEERING

1.

Municipal Class EA – Lakeshore West Pollution Control Plant Upgrade

G. A. Plancke, Director of Infrastructure and Engineering

• Recommended Action
  1. That a Project Management Agreement between The Corporation of the Town of Kingsville and the Ontario Clean Water Agency (OCWA) for a Municipal Class Environmental Assessment for the next phased expansion of the Lakeshore West Pollution Control Plant / Kingsville Lagoons BE APPROVED, satisfactory in technical content to the Director of Infrastructure & Engineering, in financial content to the Director of Finance and IT and in legal content to the Town Solicitor.

2.

Asset Management Plan – Core Assets

G. A. Plancke, Director of Infrastructure and Engineering

• Recommended Action
  1. That the Asset Management Plan for Core Assets as required by O.Reg. 588/17 as prepared by Watson & Associates Economists Ltd BE APPROVED; and,

  2. That Administration BE DIRECTED to prepare a breakdown by asset category and prepare a funding strategy before the 2023 budget deliberation.

O.

REPORTS - CAO DEPARTMENT

1.

2022 Customer Service Review

P. Parker, Town Clerk

• Recommended Action
  1. That the Customer Service Standards and recommendations presented by Dr. Forsyth, Foresight Management Consulting BE SUPPORTED in principle; and,

  2. That Administration BE DIRECTED to bring back a report to adopt the Customer Service Standards, including an implementation plan and 2023 budget implications for Council consideration.

P.

CONSENT AGENDA

1.

Council Vacancy

2.

Road 3 East – Asphalt Overlay

3.

Communities in Bloom Committee Meeting Minutes--May 3, 2022

4.

Patricia Pandolfo, Resident RE: Email correspondence dated June 15, 2022 RE: Cedar Island Boat Launch concerns

5.

Kingsville Municipal Heritage Advisory Committee Meeting Minutes--May 10, 2022

6.

Committee of the Whole Meeting Minutes--May 16, 2022

7.

Committee of the Whole Closed Session Meeting Minutes-May 16, 2022

8.

Committee of Adjustment and Appeals Meeting Minutes dated May 17, 2022

9.

Union Water Supply System Joint Board of Management Meeting Minutes--May 18, 2022

10.

Town of East Gwillimbury RE:  Bill 109

11.

Municipality of Chatham Kent--Retirement Home Funding

12.

City of Cambridge--RE: Joint and Several Liability

13.

City of Cambridge--Ontario Must Build it Right The First Time

14.

City of Orillia--Re: Voluntary Russian Sanction Request

15.

Town of Aurora--RE: Mandatory Firefighter Certification

16.

Town of Essex--Correspondence dated June 13, 2022 RE: Value Influence Peer Program (VIP)

17.

Municipality of Killarney-Russian Sanctions

Q.

NOTICES OF MOTION

1.

Deputy Mayor Queen may move, or cause to have moved:

That the Town of Kingsville repair or cause to have repaired the Range Light, also known as the Lighthouse, on or before September 30 of this year 2022.

2.

Councillor Neufeld may move, or cause to have moved:

That a sidewalk or multi-use path be installed on the north side of Road 2 East between Union Avenue (County Road 45) and Queens Valley Drive; And Further That this project be included in the sidewalk program for 2023 pending budget approval.

3.

Councillor Neufeld may move, or cause to have moved:

That the Communities in Bloom flag be raised at the Kingsville Arena for the week of July 18 for the Judges' visit to Kingsville.

4.

Councillor Lucier may move, or cause to have moved:

WHEREAS the Town of Kingsville no longer provides a tax reduction for vacant commercial properties;

AND WHEREAS there are many commercial properties available in downtown Kingsville;

AND WHEREAS vacant storefronts have a negative impact on the economy, safety and tourism;

AND WHEREAS inflated rents have made these spaces inaccessible to local entrepreneurs and small businesses;

NOW THEREFORE BE IT RESOLVED that Administration draft a by-law to penalize owners of commercial properties that remain vacant for more than 3 months or alternatively to provide a rebate to commercial properties that are productively occupied;  as well as provide stricter enforcement of property standards particularly with regard to vacant commercial properties.

R.

UNFINISHED BUSINESS AND ANNOUNCEMENTS

S.

BYLAWS

That By-law 38-2022 be read three times and finally passed, and the Mayor and Clerk be authorized to sign same.

1.

By-law 38-2022

Being a By-law to confirm the proceedings of Council of The Corporation of the Town of Kingsville at its June 27, 2022 Regular Meeting

T.

ADJOURNMENT