REGULAR MEETING OF COUNCIL

MINUTES

Meeting #:
Date:
Time:
-
Location:
Council Chambers
2021 Division Road N
Kingsville, Ontario N9Y 2Y9
Members of Council
  • Mayor Nelson Santos
  • Deputy Mayor Gord Queen
  • Councillor Tony Gaffan
  • Councillor Thomas Neufeld
  • Councillor Larry Patterson
  • Councillor Kimberly DeYong
  • Councillor Laura Lucier
Members of Administration
  • J. Astrologo, Director of Corporate Services
  • R. Brown, Manager of Planning Services
  • S. Kitchen, Deputy Clerk-Council Services
  • P. Van Mierlo-West, CAO

A.
CALL TO ORDER
 

Mayor Santos called the Regular Meeting to order at 6:15 p.m. with all members of Council, and those Members of Administration listed above, in attendance.

Solicitor Jeffrey J. Hewitt was also in attendance in respect to Agenda Item Bi).

B.
CLOSED SESSION
This item has attachments. 

1.Notice of Regular Meeting start time change April 8.pdf
1.Notice of Regular Meeting start time change April 8.pdf
  • 223-2019
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Tony Gaffan

    That Council, at 6:15 p.m., pursuant to Section 239(3.1) of the Municipal Act, 2001, enter into Closed Session to address the following item:

    i) Educational or training sessions [(s.239(3.1)]--Solicitor Jeffrey J. Hewitt to provide an educational or training session to Council members pertaining to the Local Planning Appeal Tribunal (LPAT) process. 


    CARRIED

    Upon rising from Closed Session at 6:51 p.m. Solicitor Hewitt left the Council Chambers, and did not return. 

    Mayor Santos called for a short recess at 6:52 p.m., and the Regular Meeting reconvened at 7:00 p.m. with all members of Council present, along with the following Members of Administration: CAO P. Van Mierlo-West, Director of Corporate Services/Clerk J. Astrologo, Director of Financial Services R. McLeod, Manager of Planning Services R. Brown and Deputy Clerk-Council Services S. Kitchen.


C.
REPORT OUT OF CLOSED SESSION
 

(Rising Report was made by Mayor Santos following Item F, see below).

D.
MOMENT OF SILENCE AND REFLECTION
 

Mayor Santos asked those present to stand and observe a moment of silence and reflection, to be followed by the singing of O'Canada.

E.
PLAYING OF NATIONAL ANTHEM
 

F.
DISCLOSURE OF PECUNIARY 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.

REPORT OUT OF CLOSED SESSION

RE:  Agenda Item B i) Educational or training session pursuant to Section 239(3.1) of the Municipal Act, 2001

At 7:02 p.m., Mayor Santos reported that Council had entered into Closed Session earlier this evening for the purpose of Solicitor Jeffrey J. Hewitt providing education and training in respect to the Local Planning Appeal Tribunal (LPAT) appeal process.

G.
PRESENTATIONS/DELEGATIONS
 

1.
Kingsville Horticultural Society--1st Vice President Alan Batke will present a 2019 Update about the Horticultural Society's plans
 

On behalf of the Kingsville Horticultural Society members and executives, Mr. Batke presented a Life Membership Award to Deputy Mayor Queen for his "outstanding contributions, leadership and wisdom to the Town of Kingsville, and also as supporter and friend to many other organizations". President Heather Crewe, Past President Chris Childs, Secretary Katie Thorpe, and 2nd Vice President Anne Rudy were also in attendance. The Society thanked Mr. Queen for his volunteer efforts, outside of his role as an elected representative, toward the enhancement and beautification of this community. Deputy Mayor Queen stated that he is honoured, and surprised, to receive the Life Membership Award and thanked Mr. Batke and the Society.

H.
MATTERS SUBJECT TO NOTICE
 

1.
PUBLIC MEETING--Application for Removal of the H- Holding Symbol ZBA/06/19 by Cristina Porrone – Queen Valley Estates Part of Lot 11, Concession 2 ED Draft Plan 37-T-13002, Plan 12M 649 & Plan 12M
This item has attachments. 

1.Notice of Intention to Pass By-law - ZBA 06 19.pdf
2.ZBA 06 19 Cristina Porrone Queen Valley Estates(1).pdf
3.Appendix A - Location Map ZBA 06 19(1).pdf
4.Porrone By-law 43 2019(1).pdf
1.Notice of Intention to Pass By-law - ZBA 06 19.pdf
2.ZBA 06 19 Cristina Porrone Queen Valley Estates(1).pdf
3.Appendix A - Location Map ZBA 06 19(1).pdf
4.Porrone By-law 43 2019(1).pdf

R. Brown, Manager of Planning Services

i) Notice of an Intention to Pass an Amending By-law to Remove a Holding Symbol, dated March 19, 2019;

ii) Report of R. Brown, dated March 19, 2019;

iii) Proposed By-law 43-2019, being a by-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

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

  • 224-2019
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Thomas Neufeld

    That Council approves Zoning By-law Amendment Application ZBA/06/19 for removal of the H-Holding symbol on the subject lands known as Part of Lot 11, Concession 2 ED and within Draft Plan of Subdivision 37-T-13002 including Plan 12M 649 and 12M 651, in the Town of Kingsville, and adopt the implementing by-law.


    CARRIED

I.
AMENDMENTS TO THE AGENDA
 

There were no amendments to the Agenda.

J.
ADOPTION OF ACCOUNTS
 

1.
Town of Kingsville Accounts for the monthly period ended March 31, 2019 being TD cheque numbers 0068497 to 0068774 for a grand total of $1,709,482.99
This item has attachments. 

1.Accounts.pdf
1.Accounts.pdf
  • 225-2019
    Moved ByCouncillor Laura Lucier
    Seconded ByDeputy Mayor Gord Queen

    That Council approves Town of Kingsville Accounts for the monthly period ended March 31, 2019 being TD cheque numbers 0068497 to 0068774 for a grand total of $1,709,482.99


    CARRIED

K.
STAFF REPORTS
 

1.
Application for Site Plan Approval Amendment by Rico Root Plant Farm, 1156 Road 3 E Part of Lot 7, Concession 3 ED, Part 1, RP 12R 24428
This item has attachments. 

1.SPA 03 19 Rico Root Farms.pdf
2.Appendix A - 190215 E18070 Site Plan.pdf
3.Appendix B - Odour Control.pdf
4.Appendix C - 1156Road3_Fencing_Cameras_Odour.pdf
5.Appendix D - Lighting Control.pdf
6.Appendix E - SPA-03-19 Rico Roots Plant Farms N-S ROAD 3 E.pdf
1.SPA 03 19 Rico Root Farms.pdf
2.Appendix A - 190215 E18070 Site Plan.pdf
3.Appendix B - Odour Control.pdf
4.Appendix C - 1156Road3_Fencing_Cameras_Odour.pdf
5.Appendix D - Lighting Control.pdf
6.Appendix E - SPA-03-19 Rico Roots Plant Farms N-S ROAD 3 E.pdf

R. Brown, Manager of Planning Services.

  • 226-2019
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Laura Lucier

    That Council approves the requested Site Plan Amendment for the retrofit of a 1.61 ha (4 ac.) greenhouse for use as a medical marihuana production facility (Rico Root Plant Farm, 1156 Road 3 E), subject to the conditions outlined in the Amending Site Plan Agreement and authorize the Mayor and Clerk to sign the Amending Site Plan Agreement and register said Agreement on title; and

    That Council requires a security deposit equal to 50% of the total cost of the odour control system and lighting control to be deposited with the Town prior to release of any building permits.


    CARRIED

2.
Funding Announcement
This item has attachments. 

1.Funding Announcement.pdf
1.Funding Announcement.pdf

P. Van Mierlo-West, CAO

  • 227-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council receives the Report of CAO P. Van Mierlo-West titled Funding Announcement; and

    That Administration conduct a Request for Proposal for the provision of high speed internet between Town-owned buildings.


    Recorded (Voted)ForAgainst
    Mayor Nelson SantosX
    Deputy Mayor Gord QueenX
    Councillor Tony GaffanX
    Councillor Thomas NeufeldX
    Councillor Larry PattersonX
    Councillor Kimberly DeYongX
    Councillor Laura LucierX
    Results61

    CARRIED (6 to 1)

3.
Sun Parlour Folk Music Society Rental – Carnegie Arts & Visitor Centre
This item has attachments. 

1.Sun Parlour Rental - Carnegie Arts and Business Centre.pdf
1.Sun Parlour Rental - Carnegie Arts and Business Centre.pdf

P. Van Mierlo-West, CAO

  • 228-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council approves the proposal brought forth by the Sun Parlour Folk Music Society;

    And that the Sun Parlour Folk Music Society be approved to rent space at the Carnegie Arts & Visitor Centre for a period of three years in the amount of $1,500.00 per year for the purposes of promoting, and selling tickets for, the Kingsville Folk Festival;

    And that Administration be directed to complete a rental agreement to be brought to Council for approval.


    CARRIED

4.
281 Main Street East
This item has attachments. 

1.281 Main Street E.pdf
1.281 Main Street E.pdf

P. Van Mierlo-West, CAO

  • 229-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council receives the Report of CAO P. Van Mierlo-West dated April 3, 2019 RE: 281 Main St. East, and that Dillon Consulting be retained to complete the noise impact assessment, with costs of the assessment allocated to the Town.


    Recorded (Voted)ForAgainst
    Mayor Nelson SantosX
    Deputy Mayor Gord QueenX
    Councillor Tony GaffanX
    Councillor Thomas NeufeldX
    Councillor Larry PattersonX
    Councillor Kimberly DeYongX
    Councillor Laura LucierX
    Results43

    CARRIED (4 to 3)

L.
BUSINESS/CORRESPONDENCE-ACTION REQUIRED
 

1.
Watson and Associates Economists Ltd.--Town of Kingsville Water Financial Plan dated March 21, 2019
This item has attachments. 

1.2019 Financial Plan O. Reg 453-07.pdf
1.2019 Financial Plan O. Reg 453-07.pdf
  • 230-2019
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Laura Lucier

    That Council approves the Town of Kingsville Water Financial Plan prepared by Watson & Associates Economists Ltd. in accordance with O. Reg. 453/07, dated March 21, 2019 ("the Plan"); and

    That Council directs Administration to publicly advertise the availability of the Plan and to submit the Plan to the Ministry of Municipal Affairs and Housing and the Ministry of the Environment, Conservation and Parks as required to satisfy the requirements of the Safe Drinking Water Act and O. Reg. 453/07.


    CARRIED

2.
Leamington District Agricultural Society--RE: 171st Annual Leamington Fair--Request for support of children's bike giveaway
This item has attachments. 

1.LDAS_Redacted.pdf
1.LDAS_Redacted.pdf
  • 231-2019
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Tony Gaffan

    That Council support the Leamington District Agricultural Society 171st Fair event in the amount of $160.00, split in equal amounts from the 2019 conference allocation accounts of Councillor Neufeld and Councillor Gaffan.


    CARRIED

M.
MINUTES OF THE PREVIOUS MEETINGS
 

1.
Regular Meeting of Council--March 25, 2019
This item has attachments. 

1.Post-Meeting Minutes - Regular Council Meeting_Mar25_2019 - English.pdf
1.Post-Meeting Minutes - Regular Council Meeting_Mar25_2019 - English.pdf

2.
Regular 'Closed Session' Meeting of Council--March 25, 2019
 

  • 232-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council adopts Regular Meeting of Council Minutes, dated March 25, 2019 and Regular 'Closed Session' Meeting of Council Minutes dated March 25, 2019.


    CARRIED

N.
MINUTES OF COMMITTEES AND RECOMMENDATIONS
 

1.
Tourism and Economic Development Committee - February 14, 2019
This item has attachments. 

1.TEDC Minutes_February 14_2019.pdf
1.TEDC Minutes_February 14_2019.pdf
  • 233-2019
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Larry Patterson

    That Council receives Tourism and Economic Development Committee Meeting Minutes dated February 14, 2019


    CARRIED

2.
Kingsville Municipal Heritage Advisory Committee - February 20, 2019
This item has attachments. 

1.February 20 2019 KMHAC Minutes.pdf
1.February 20 2019 KMHAC Minutes.pdf
  • 234-2019
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Laura Lucier

    That Council receives Kingsville Municipal Heritage Advisory Committee Meeting Minutes dated February 20, 2019


    CARRIED

3.
Parks, Recreation, Arts and Culture Committee - February 21, 2019
This item has attachments. 

1.PRAC February 21 2019 Minutes.pdf
2.Highland Games Minutes of Nov 20 2018.pdf
1.PRAC February 21 2019 Minutes.pdf
2.Highland Games Minutes of Nov 20 2018.pdf
  • 235-2019
    Moved ByCouncillor Tony Gaffan
    Seconded ByDeputy Mayor Gord Queen

    That Council receive Parks, Recreation, Arts and Culture Committee Meeting Minutes dated February 21, 2019 together with Minutes of the following sub-committees:

    Kingsville Highland Games - November 20, 2018


    CARRIED

4.
Police Services Board - February 27, 2019
This item has attachments. 

1.February 27 2019 PSB Minutes.pdf
1.February 27 2019 PSB Minutes.pdf
  • 236-2019
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Kimberly DeYong

    That Council receives Police Services Board Meeting Minutes dated February 27, 2019


    CARRIED

O.
BUSINESS CORRESPONDENCE - INFORMATIONAL
 

1.
Town of Kingsville, Office of the Mayor--Letter of Support dated April 1, 2019 sent to Ontario Highway Transport Board (in support of Transit Windsor to provide transit services for the Long-Distance Scheduled Intercommunity Project)
This item has attachments. 

1.Letter of Support.pdf
1.Letter of Support.pdf

2.
Layne and Elaine van Loo, Cottam Residents--Correspondence received April 2, 2019 RE: Proposal for formation of an 'En Plein Air' Arts event
This item has attachments. 

1.VAN LOO_Redacted.pdf
1.VAN LOO_Redacted.pdf

3.
Office of the Prime Minister--Correspondence dated April 3, 2019 from T. Jolicoeur, Executive Correspondence Officer for the Prime Minister's Office RE: Phragmites Control
This item has attachments. 

1.LF Prime Minister(1).pdf
2.Lt Kingsville Resolution RE Phragmites Control.pdf
1.LF Prime Minister(1).pdf
2.Lt Kingsville Resolution RE Phragmites Control.pdf
  • 237-2019
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Thomas Neufeld

    That Council receives Business Correspondence-Informational Items 1-3.


    CARRIED
  • 238-2019
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Tony Gaffan

    That Council direct Administration to forward Item O-2 (Layne and Elaine van Loo, RE: Proposal for formation of an 'En Plein Air" Arts event) to the Parks and Recreation, Arts and Culture Committee for consideration.


    CARRIED

    In respect to Item O-1 (Letter of support sent to Ontario Highway Transport Board in support of Transit Windsor to provide transit services for the Long-Distance Scheduled Intercommunity Project), Administration will bring back any further information as soon as it is received.


P.
NOTICES OF MOTION
 

1.
Deputy Mayor Queen may move, or cause to have moved:
 

  • 239-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That the Senior Members of Administration research and report back to Council within six (6) months the options and costs that may be incurred for better "improved" internet within the Town of Kingsville.


    CARRIED

2.
Councillor DeYong may move, or cause to have moved:
 

  • 240-2019
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Tony Gaffan

    That Council direct Administration to update/revise By-law 62-2014, being the "by-law to establish and regulate a Fire Department for the Town of Kingsville" to include a schedule of core services and excluded services.


    CARRIED

Q.
UNFINISHED BUSINESS, ANNOUNCEMENTS AND UPDATES
 

There were no unfinished business items, announcements or updates.

R.
BYLAWS
 

1.
By-law 38-2019
This item has attachments. 

1.38-2019 Integrity Commissioner.pdf
2.Integrity Commissioner.pdf
1.38-2019 Integrity Commissioner.pdf
2.Integrity Commissioner.pdf
  • 241-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Kimberly DeYong

    That Council reads By-law 38-2019, being a by-law to appoint Paul D. Watson as the Integrity Commissioner for The Corporation of the Town of Kingsville, a first, second and third and final time.


    CARRIED

2.
By-law 39-2019
This item has attachments. 

1.39-2019 Authorize Cheema Cleaning - Janitorial Contract.pdf
2.janitorial agreement.pdf
1.39-2019 Authorize Cheema Cleaning - Janitorial Contract.pdf
2.janitorial agreement.pdf
  • 242-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council reads By-law 39-2019, being a By-law authorizing the entering into of an Agreement with Cheema Cleaning Services Ltd. for the Janitorial Service Maintenance of the Various Town of Kingsville Buildings a first, second and third and final time.


    CARRIED

3.
By-law 40-2019
This item has attachments. 

1.40-2019 Urban Road Agreement - Mill-Am Corporation -Lansdowne Ave.pdf
2.40-2019 Agreement - Lansdowne.pdf
1.40-2019 Urban Road Agreement - Mill-Am Corporation -Lansdowne Ave.pdf
2.40-2019 Agreement - Lansdowne.pdf
  • 243-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council reads By-law 40-2019, being a By-law authorizing the entering into of an Agreement with Mill-AM Corporation for the 2019 Urban Road Program (File No. 19-101; Landsdowne Avenue) a first, second and third and final time.


    CARRIED

4.
By-law 41-2019
This item has attachments. 

1.41-2019 Urban Road Agreement - Mill-Am Corporation - Heritage Road.pdf
2.41-2019 Agreement - Heritage Road.pdf
1.41-2019 Urban Road Agreement - Mill-Am Corporation - Heritage Road.pdf
2.41-2019 Agreement - Heritage Road.pdf
  • 244-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council reads By-law 41-2019, being a By-law authorizing the entering into of an Agreement with Mill-AM Corporation for the 2019 Urban Road Program (File No. 19-102 Heritage Road) a first, second and third and final time.


    CARRIED

5.
By-law 42-2019
This item has attachments. 

1.42-2019 Urban Road Agreement - Mill-Am Corporation - Cedarhurst Subdivision.pdf
2.42-2019 Agreement - Cedarhurst.pdf
1.42-2019 Urban Road Agreement - Mill-Am Corporation - Cedarhurst Subdivision.pdf
2.42-2019 Agreement - Cedarhurst.pdf
  • 245-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council reads By-law 42-2019, being a By-law authorizing the entering into of an Agreement with Mill-AM Corporation for the 2019 Urban Road Program (File No. 19-105; Cedarhurst Subdivision Urban Road Program) a first, second and third and final time.


    CARRIED

6.
By-law 43-2019
This item has attachments. 

1.43-2019 ZBA 06 19 - Porrone.pdf
1.43-2019 ZBA 06 19 - Porrone.pdf
  • 246-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Kimberly DeYong

    That Council reads By-law 43-2019, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (Part of Lot 11, Concession 2 ED; Draft Plan 37-T-13002--Plan 12M 649 and Plan 12M 651, ZBA/06/19) a first, second and third and final time.


    CARRIED

S.
CONFIRMATORY BY-LAW
 

1.
By-law 44-2019
This item has attachments. 

1.44-2019 Confirmatory April 8 2019.pdf
1.44-2019 Confirmatory April 8 2019.pdf
  • 247-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council reads By-law 44-2019, being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its April 8, 2019 Regular Meeting a first, second and third and final time.


    CARRIED

T.
ADJOURNMENT
 

  • 248-2019
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Tony Gaffan

    That Council adjourns this Regular Meeting at 8:09 p.m.


    CARRIED
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