REGULAR MEETING OF COUNCIL
REVISED AGENDA

Monday, November 23, 2020 at 6:30 P.m. - 7:00 P.m.

Council Chambers

2021 Division Road N

Kingsville, Ontario N9Y 2Y9

---

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.

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.

C.

CLOSED SESSION

Pursuant to Subsection 239(2) of the Municipal Act, 2001, Council will enter into Closed Session to address the following item: 

Subsection 239(2)(b) personal matters about an identifiable individual, including municipal employees; and Subsection 239(2)(d) being labour relations or employee negotiations, being an Update from CAO J. Norton regarding Kingsville Fire Department matters. 

D.

CLOSED SESSION

Pursuant to Subsection 239(2) of the Municipal Act, 2001, Council will enter into Closed Session to address the following item: 

Subsection 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality; and Subsection 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; RE: Conservation Review Board Case No. CRB2010; Brotto Investments Inc. v. Kingsville; 183 Main St. East, Kingsville

E.

REPORT OUT OF CLOSED SESSION

F.

PRESENTATIONS/DELEGATIONS

1.

7:00 p.m. E.L.K. Energy Inc.--Mark Danelon, Director, Stakeholder Relations, and Norm MacAulay, Operations Manager

Director Danelon and Operations Manager MacAulay will provide an update regarding E.L.K. Energy Inc. operations, capital assets, and investment. Dr. Lydia Miljan, E.L.K. Energy Inc. Board of Directors representative (lay appointee) will also be in attendance. 

2.

Kingsville Fire Department--Presentation of Kingsville Fire Services Review Report dated October 2020 by Amherstburg Fire Chief Bruce Montone

Kingsville Fire Department Deputy Fire Chief John Quennell will be in attendance.

G.

MATTERS SUBJECT TO NOTICE

1.

PUBLIC MEETING--Draft Plan of Condominium POC/01/2020 by 2661288 Ontario Ltd. 140 Main St. E., Pt of Lot 1, Concession 1 ED, Part 1 and 2, RP 14569

R. Brown, Manager of Planning Services

i) Notice of Application for Approval of a Draft Plan of Condominium and Public Meeting, dated November 3, 2020;

ii) Report of R. Brown dated November 12, 2020.

• Recommended Action

  That Council:

  Support the draft plan of condominium, County of Essex File No. 37-CD-20003 for the proposed 30 unit residential condominium located at 140 Main St. E., Part of Lot 1, Concession 1, ED, Parts 1 and 2 RP 12R 14569, in the Town of Kingsville;

  Direct administration to advise the approval authority, the Manager of Planning Services for the County of Essex, that Council is in support of the draft plan of condominium approval subject to the imposition of satisfactory conditions by the County including conformity with the approved site plan and entering into a development agreement with the Town

2.

PUBLIC MEETING--Zoning By-law Amendment File ZBA/07/17 by Amy Smith and Wendy MacVicar, 158 County Road 34 E, Part Lot 269, Concession TRS Roll no. 37 11 560 000 02900

K. Brcic, Town Planner

i) Notice of Complete Application and Public Meeting Zoning By-law Amendment, dated November 3, 2020;

ii) Report of K. Brcic, dated November 10, 2020;

iii) Proposed By-law 103-2020, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

• Recommended Action

  That Council approves Zoning By-law Amendment ZBA/07/17 to amend the current 'Residential Zone 4 Rural/Urban Exception (R4.2-4)' zone on lands known as 158 County Road 34 East, to permit four residential units total on the subject lands within the two existing buildings, and adopt the implementing by-law.

H.

AMENDMENTS TO THE AGENDA

I.

STAFF REPORTS

1.

Application for Site Plan Amendment SPA/18/2020 by 1808278 Ontario Inc., 1975 Graham Side Road, Pt. Lot 6, Concession 6 ED, Pt. Part 2 & Part 5, RP 12R 18587

R. Brown, Manager, Planning Services

• Recommended Action

  That Council approves Site Plan Amendment Application SPA/18/2020 to permit the additional construction of an 893 sq. m (9,613 sq. ft.) bunkhouse, subject to the terms of the associated Amending Agreement, and authorizes the Mayor and Clerk to sign the Amending Agreement and register said Agreement on title.

2.

Application for Site Plan Approval SPA/11/2020 by Pattison Outdoor (applicant - lessor) / Essex Region Conservation Authority – (owner)

R. Brown, Manager of Planning Services

• Recommended Action

  Administration is unable to make a recommendation. Should Council choose to approve the site plan, the following wording can be used in the motion:

  That Council approves Site Plan Application SPA/11/2020 to permit a 2.43 m x 2.43 m (8 ft. x 8 ft.) 6 m (20 ft.) high active LED sign as detailed in Appendix A on the subject lands, subject to the terms outlined in the associated Site Plan Agreement, and authorizes the Mayor and Clerk to sign the Site Plan Agreement and register said Agreement on title.

3.

Multi-Year Accessibility Plan

R. Baines, Deputy Clerk-Administrative Services

• Recommended Action

  That Council adopts the Multi-Year Accessibility Plan and that it be posted on the Town of Kingsville website.

4.

Waste Collection Contract

S. Martinho, Manager of Public Works

• Recommended Action

  That Council approve entering into an agreement for waste collection services for a total cost of $633,057.63 with Green For Life Environmental Inc., and authorize the Clerk and the Mayor to execute the associated agreement.

5.

New Splash Pad Location

D. Wolicki, Manager of Municipal Facilities and Property

• Recommended Action

  That Council approves the location of Lakeside Park for a new splash pad and washroom facility as identified in Figure 1 of Report MS 2020-46.

J.

BUSINESS/CORRESPONDENCE-ACTION REQUIRED

1.

December 2020 Regular Meeting Schedule

• Recommended Action

  That Council confirms that the December 14, 2020 Meeting is the only Regular Meeting of Council to be held in December.

K.

MINUTES OF THE PREVIOUS MEETINGS

1.

Regular Meeting of Council--November 9, 2020

• Recommended Action

  That Council adopts Regular Meeting of Council Minutes dated November 9, 2020.

L.

MINUTES OF COMMITTEES AND RECOMMENDATIONS

1.

Main Street Development Review Committee--August 25, 2020; September 29, 2020; and October 6, 2020

• Recommended Action

  That Council receives Main Street Development Review Committee Meeting Minutes dated August 25, 2020, September 29, 2020 and October 6, 2020.

2.

Tourism and Economic Development Committee-- October 8, 2020

• Recommended Action

  That Council receives Tourism and Economic Development Committee Meeting Minutes dated October 8, 2020.

3.

Kingsville B.I.A.--October 14, 2020

• Recommended Action

  That Council receive Kingsville B.I.A. Meeting Minutes dated October 14, 2020

M.

BUSINESS CORRESPONDENCE - INFORMATIONAL

1.

City of Hamilton--Correspondence dated September 8, 2020 RE: Motion for Endorsement--Radial Separation from Other Cannabis Locations

2.

Municipality of St.-Charles--Resolution No. 2020-179 passed September 16, 2020 RE: Resolution to Support Grey County--Broadband Access

3.

OPP MPB Financial Services Unit--Correspondence dated September 28, 2020 together with 2021 OPP Annual Billing Statement package

4.

County of Prince Edward--Correspondence dated November 3, 2020 RE: Proposed Changes to the Municipal Elections Act

5.

Town of Grimsby--Correspondence dated November 4, 2020 RE: Proposed Regulation under the Ontario Heritage Act, Bill 108

6.

Ministry of Agriculture, Food and Rural Affairs--Correspondence from Minister Hardeman to Mayor Santos dated November 6, 2020

7.

Municipality of Meaford--Correspondence dated November 9, 2020 RE: Bill 218, Supporting Ontario's Recovery and Municipal Elections Act

8.

City of Belleville--Correspondence dated November 10, 2020 RE: Bill 218, Proposing Changes to the Municipal Elections Act--Extension of Nomination Period--New Business-- 10, Belleville City Council Meeting November 9, 2020

9.

Kingsville Historical Park Museum-Correspondence from K. Gunning, Secretary/Treasurer and W. Bagshaw, Board Chair, dated November 16, 2020 RE: Report to the Town of Kingsville

10.

Township of Amaranth--Correspondence received November 9, 2020 RE: Bill 218

11.

City of St. Catharines--Correspondence dated October 7, 2020 RE: Development Approval Requirements for Landfills (Bill 197)

• Recommended Action

  That Council receives Business Correspondence-Informational items 1 through 11.

N.

NOTICES OF MOTION

1.

Councillor Lucier may move, or cause to have moved:

That the Province of Ontario work with conservation authorities to address their concerns by repealing and/or amending changes to the Conservation Authorities Act and the Planning Act;

That the Province of Ontario delay enactment of clauses affecting municipal concerns;

That the Province of Ontario provide a longer transition period up to December 2022 for non-mandatory programs to enable coordination of CA-municipal budget processes;

That the Province respect the current conservation authority/municipal relationship;

And That the Province embrace their long-standing partnership with the conservation authorities and provide them with the tools and financial resources they need to effectively implement their watershed management role.

(See: Full Text of Councillor Lucier's proposed Resolution attached).

2.

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

That Council consider the idea of restarting the Planning Advisory Committee of the Town, even if on Zoom to invite more public input on matters of interest to our residents.

O.

UNFINISHED BUSINESS, ANNOUNCEMENTS AND UPDATES

P.

BYLAWS

1.

By-law 102-2020

Being a By-law authorizing the entering into of an Animal Control and Pound Services Agreement with the Corporation of the Municipality of Leamington and with Essex County K9 Services

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

2.

By-law 103-2020

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

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

Q.

CONFIRMATORY BY-LAW

1.

By-law 104-2020

Being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its November 9, 2020 Regular Meeting.

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

R.

ADJOURNMENT