REGULAR MEETING OF COUNCIL

MINUTES

-
Council Chambers
2021 Division Road N
Kingsville, Ontario N9Y 2Y9
Members of Council
  • Mayor Nelson Santos
  • Deputy Mayor Gord Queen
  • Councillor Kimberly DeYong
  • Councillor Tony Gaffan
  • Councillor Laura Lucier
  • Councillor Thomas Neufeld
  • Councillor Larry Patterson
Members of Administration
  • Sandy Kitchen

Mayor Santos called the Regular Meeting to order at 6:00 p.m. with all members present in Council Chambers.

Mayor Santos read aloud the following Land Acknowledgment:

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.

Mayor Santos called for a moment of silence and reflection, followed by the playing of O'Canada.

Councillor Neufeld added one Announcement.

Councillor DeYong added one Announcement and one Unfinished Business item.

There were no disclosures of interest. Mayor Santos 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.

Mayor Santos reported that 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 in connection with that item.

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 in that regard.

Brian Armstrong, Ed Hooker and Dan Caster were 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.

Mr. Hooker advised that, as set out in the correspondence provided, they are seeking Council's consideration to amend the required timing of the installation of sidewalks in their Ridge Side Estates Subdivision (i.e. installation after the bulk of the homes have been constructed).

Mr. Armstrong provided additional information and asked whether Council would consider model homes being put up.

Mr. Caster explained the construction schedule, and described how storm and sanitary sewer mains and waterlines are trenched and safely installed, and the benefits of delaying the sidewalk installations.

  • 266-06272022
    Moved ByCouncillor Tony Gaffan
    Seconded ByDeputy Mayor Gord Queen

    That the presentation of Brian Armstrong, Ed Hooker and Dan Caster on behalf of the Ridge Side Estates Group regarding the Town of Kingsville Policy on the Timing of the Installation of Sidewalks in the Ridge Side Estates Subdivision BE RECEIVED.



    CARRIED
  • 267-06272022
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Administration, namely CAO J. Norton and Director of Infrastructure and Engineering G. A. Plancke, BE DIRECTED to review the matter and, after having had an opportunity to review other developments, bring back a report with recommendations for consideration.



    CARRIED
  • 268-06272022
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Larry Patterson

    That Administration BE DIRECTED to receive the Applications for the Model Homes and Council will await the sidewalk report in the interim.



    CARRIED

Carly Colasanti expressed concerns that the consultants' study indicated that a drive-by of existing farm worker housing was conducted without actually going inside the housing, there was limited consultation with the growers, nor did they ask the growers what impacts the proposed recommendations would have on the industry.  She asked how the figure of a required 300 sq. feet per person was arrived at and if the Town has the authority to change the current regulation, and if the economic data regarding worker housing supply and demand could be provided.

Richard Colasanti asked that the Town provide the farming industry with more advance notice in the future so that there is time for them to properly prepare a response. 

Aaron Coristine, on behalf of the Ontario Greenhouse Vegetable Growers (OGVG) explained that the industry uses a combination of off-farm and on-farm housing, and the farmers are limited in terms of the number of workers that can be housed on-farm. He stated their concern with the study that they found most problematic was the language for the maximum number of occupancies, and the licensing and inspection fees required for the proposed Registry, which he stated is counter-intuitive to the process and requirements already in place by other government agencies and bodies.

Joe Sbrocchi, Executive Director and General Manager, OGVG, commented that he believes with very minimal work the Town can accomplish what it wishes to accomplish without the additional costs.

Mr. Coristine stated that the need for offshore workers has grown exponentially, and asked Council to allow further dialogue and discussion in regard to this matter.

  • 269-06272022
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That the presentation of the Ontario Greenhouse Vegetable Growers RE: Staff Report K-4, Kingsville Temporary Farm Worker Housing Study BE RECEIVED.



    CARRIED

Dr. Forsyth shared the results of the survey and community outreach through a PowerPoint presentation entitled 'Customer Service Review Final Report, June 27, 2022'. Discussion ensued, and Dr. Forsyth responded to Members' questions and comments.

Mayor Santos then brought forward Agenda Item O.1 (REPORTS-CAO DEPARTMENT)

O.1  Report of Town Clerk RE: 2022 Customer Service review.

The Town Clerk provided an overview of the Report.

  • 270-06272022
    Moved ByCouncillor Larry Patterson
    Seconded ByDeputy Mayor Gord Queen
    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.


    CARRIED
  • 271-06272022
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Staff Report O-1 RE: 2022 Customer Service Review BE RECEIVED.



    CARRIED

WSP Canada representatives Gregory Bender (Director) and Will Lamond (Planner) participated electronically.

Gregory Bender presented the PowerPoint presentation entitled 'Kingsville Temporary Farm Worker Housing Study, Council Meeting, June 27, 2022'. Following the presentation, discussion ensued and Mr. Bender and Mr. Lamond answered questions of Members of Council.

  • 272-06272022
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Kimberly DeYong

    That the PowerPoint presentation entitled 'Kingsville Temporary Farm Worker Housing Study dated June 27, 2022' as presented by Gregory Bender, Director, WSP Canada and Will Lamond, Planner, WSP Canada BE RECEIVED.



    CARRIED

    At this time, Mayor Santos indicated that prior to Director Wyma's presentation of Agenda Item K-4 (Kingsville Temporary Farm Worker Housing Study), it is in order that Council enter into closed session to obtain legal advice in regard to said Staff Report K-4 and the revised Recommendations as provided with the Addendum Agenda. He thanked Mr. Bender and Mr. Lamond for their presentation.


  • 273-06272022
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council, at 8:23 p.m., enter into Closed Session pursuant to Subsection 239(2)(f) [advice that is subject to solicitor-client privilege, including communications for that purpose] and Subsection 239(2)(e) [litigation or potential litigation affecting the municipality]. Council is entering into closed session for the purpose of Solicitor S. Hirota to provide legal advice in regard to Agenda Item K-4 (Kingsville Temporary Farm Worker Housing Study staff report).



    CARRIED

    At 8:23 Mayor Santos called for a brief recess, and the Closed Session commenced at 8:30 p.m.

    Upon rising from Closed Session at 9:15 p.m. the Regular Meeting reconvened.

    Report out of Closed Session

    Upon rising from closed session the following motion was passed:


  • 274-06272022
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Kimberly DeYong

    That the correspondence from the Ontario Human Rights Commission, Office of the Chief Commissioner, dated June 24, 2022 RE: Housing for Migrant Workers BE RECEIVED.



    CARRIED

    Mayor Santos brought forward Agenda Item K-4 and Addendum Agenda Item K.4.a.--Kingsville Temporary Farm Worker Housing Study

    K-4-Final Report; and,

    K.-4.a.-Revised Recommendations

    The Director of Community and Development Services presented an overview of the report and revised recommendations.

    Comments from George Dekker:

    Mayor Santos recognized Mr. George Dekker, who had submitted a Delegation request to speak this evening.

    Mr. Dekker provided information in regard to the square footage requirements per person or livable completed space.


  • 275-06272022
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Larry Patterson

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



    CARRIED

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.

The Director of Community and Development Services presented the Planning Report.

There were no comments from anyone in attendance in the audience.

  • 276-06272022
    Moved ByCouncillor Thomas Neufeld
    Seconded ByDeputy Mayor Gord Queen
    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.


    CARRIED

There are no Committee reports at this time.

R. Wyma, Director of Community and Development Services

  • 277-06272022
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Tony Gaffan
    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.


    CARRIED

R. Wyma, Director of Community and Development Services

  • 278-06272022
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Thomas Neufeld
    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.


    CARRIED

The Director of Community and Development Services provided an overview of the report.

  • 279-06272022
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld
    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 to 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; and,
    3. That every ninety (90) days, Council be made aware of any Site Plans that Administration has approved.


    CARRIED
  • 280-06272022
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council extends the meeting to 11:00 p.m.



    CARRIED
  • 281-06272022
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Kimberly DeYong

    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.



    CARRIED

There are no Financial Services and Information Technology reports at this time.

The Fire Chief provided an overview of the Report.

  • 282-06272022
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Laura Lucier
    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. 


    CARRIED

The Director of Infrastructure and Engineering provided an overview of the report.

  • 283-06272022
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Thomas Neufeld
    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.


    CARRIED

The Director of Infrastructure and Engineering provided an overview of the report.

  • 284-06272022
    Moved ByCouncillor Tony Gaffan
    Seconded ByDeputy Mayor Gord Queen
    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.


    CARRIED

This item was brought forward and discussed immediately following Presentation by Dr. Forsyth (SEE: Agenda Item H.1)

Deputy Mayor Queen requested that Consent Agenda Item P.1 be removed for discussion.

Councillor DeYong requested that Consent Agenda Items P.4 and P.10 be removed for discussion.

  • 285-06272022
    Moved ByCouncillor Tony Gaffan
    Seconded ByDeputy Mayor Gord Queen

    That Consent Agenda Items P.2, P.3, and P.5, P.6-9, and Items P.11-17 BE ADOPTED.



    CARRIED

    Consent Agenda Item P.1--Council Vacancy

    The Town Clerk provided an overview of the report.


  • 286-06272022
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Laura Lucier

    That Consent Agenda Item P.1 BE RECEIVED.



    CARRIED

    Consent Agenda Item P.4

    P.4 Patricia Pandolfo, Resident re: Email correspondence dated June 15, 2022 RE: Cedar Island Boat Launch concerns

    Ms. DeYong inquired as to whether Administration has responded to the correspondence from Ms. Pandolfo. The Director of Community and Development Services provided an update.


  • 287-06272022
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Laura Lucier

    That Consent Agenda Item P.4 BE RECEIVED.



    CARRIED

    Consent Agenda Item P.10.

    P.10 - Town of East Gwillimbury RE: Bill 109

    Councillor DeYong asked whether the Town should consider supporting East Gwillimbury's motion re: Bill 109, or whether Kingsville should consider passing its own stand-alone resolution in regard to Bill 109. The Director of Community and Development Services provided an update.


  • 288-06272022
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Kimberly DeYong

    That Consent Agenda Item P.10 BE RECEIVED.



    CARRIED

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.

  • 289-06272022
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

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



  • Amendment:
    290-06272022
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That the timeline be amended that the repairs be made on or before December 31, 2022 or that Administration provide the reasons why or why not such repairs can be made, with details, as a Report to Council before that time.



    CARRIED
  • Amendment:
    289-06272022
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That the Town of Kingsville repair or cause to have repaired the Range Light, also known as The Lighthouse, on or before December 31, 2022 or that Administration provide the reasons why or why not the repairs can be made, with details, as a report to Council before that time.



    CARRIED
  • 291-06272022
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Larry Patterson

    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.



  • Amendment:
    292-06272022
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Laura Lucier

    That the motion be amended to add that Administration provide the List of Identified Sidewalk Connections that have been identified as priorities.



    CARRIED
  • Motion as Amended:
    291-06272022
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Larry Patterson

    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 and further that Administration provide the List of Identified Sidewalk Connections that have been identified as priorities.



    CARRIED
  • 293-06272022
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Kimberly DeYong

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



    CARRIED

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.

  • 294-06272022
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Kimberly DeYong

    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 prepare a report outlining the options available to the Town to address vacant commercial properties, including but not limited to the following considerations: can the Town penalize owners of commercial properties that remain vacant for more than three (3) months, can the Town provide a rebate to commercial properties that are productively occupied, can the Town amend its by-laws or policies to provide for stricter enforcement of property standards particularly with regard to vacant commercial properties.



    CARRIED
  1. Councillor Neufeld announced that Hiram Walker staff have graciously donated 16 beehives to the Town. Some of the beehives will be presented as prizes on Canada Day at the Communities in Bloom booth as well as at Open Streets.
  2. Councillor DeYong thanked all Town staff in helping with the successful Kingsville Highland Games event and commented that there are still tartan items available for sale.  
  3. Councillor Neufeld inquired as to the status of Community Improvement Plans (CIPs) being prepared for Kingsville and Ruthven, noting that the CIP plan for Cottam has been completed. 

S.

 
  • 295-06272022
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Kimberly DeYong

    That Council read 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 be read three times and that the Mayor and Clerk be authorized to sign same. 



    CARRIED
  • 296-06272022
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Tony Gaffan

    That the Regular Meeting adjourn at 10:49 p.m.



    CARRIED
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