REGULAR MEETING OF COUNCIL

MINUTES

Monday, April 11, 2022

6:00 P.m. - 10:00 P.m.

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

---

A.

CALL TO ORDER

Mayor Santos called the Regular Meeting to order at 6:05 p.m. with all members of Council present in Council Chambers except Deputy Mayor Queen, who participated electronically from a remote location.

B.

LAND ACKNOWLEDGEMENT

Mayor Santos read the following Land Acknowledgement statement:

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

C.

MOMENT OF SILENT REFLECTION AND NATIONAL ANTHEM

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

D.

AMENDMENTS TO THE AGENDA

Councillor Neufeld added two announcements, Councillor Lucier added one update, Councillor DeYong added a notice of motion, and Deputy Mayor Queen added two notices of motion.

E.

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.

1.

Councillor Larry Patterson - Backyard Flooding Subsidy Program

2.

Councillor Tony Gaffan - Hogs for Hospice SERT Request

F.

PRESENTATIONS

1.

Essex Region Conservation Authority--Presentation of ERCA 2022 Draft Budget, Transition Plan, 2021 Annual Report, and Video

Tim Byrne, CAO/Secretary-Treasurer, Tania Jobin, ERCA Chair, and Shelley McMullen, CFO/Director Finance and Corporate Services were in attendance participating electronically

Ms. Jobin presented an overview of ERCA's Transition Plan, the 2022 Draft Budget, and the 2021 Annual Report. A video highlighting ERCA activities was also presented. Mr. Byrne answered questions of Council members.

• 183-04112022
  Moved By Councillor Kimberly DeYong
  Seconded By Councillor Larry Patterson

  That the Presentation by representatives of the Essex Region Conservation Authority BE RECEIVED.

  
  
  
  CARRIED

G.

REPORTS - COMMITTEES

1.

Highland Games Requests

The CAO provided an overview of the Report, in the absence of K. Loney, Manager of Recreation Programs and Special Events.

• 184-04112022
  Moved By Councillor Tony Gaffan
  Seconded By Councillor Larry Patterson

  That the following items BE APPROVED:

  1. Festival Tent invoice for tents, tables and chairs in the amount of approximately $11,000; and,
  2. Sole source purchasing of services from the Pipers and Pipe Band Society of Ontario (PPBSO) in an amount up to $20,000.

      

  
  
  
  CARRIED

H.

REPORTS - COMMUNITY AND DEVELOPMENT SERVICES

1.

Application for Site Plan Approval SPA/04/2022 by 8 Dimar Management Inc., 4, 8 and 12 Dimar Drive, Part of Lot 10, Concession 2 ED Lots 14, 15 and 16, Plan 12M 609

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

• 185-04112022
  Moved By Councillor Laura Lucier
  Seconded By Councillor Tony Gaffan
  1. That site plan application SPA/04/2022 for the construction of a new 6,089.6 sq. m (65,550 sq. ft.) warehouse with office space, associated parking, loading and landscaped areas on lands located at 4, 8, and 12 Dimar Dr., collectively BE APPROVED, subject to the conditions and requirements outlined in the site plan agreement, which shall include, but not be limited to, a requirement that the three lots be consolidated into one parcel; and,

      

  2. The Mayor and Clerk BE AUTHORIZED to sign any related agreements necessary to effect the consolidations as described under paragraph 1, and register same on title.

      

  
  
  
  CARRIED

  DELEGATIONS

  Jessica Makish, 42 Redwood Avenue, Cottam RE: Agenda Item K-3 (Background Flooding Subsidy Program; IED-2022-17)

  Ms. Makish expressed concerns in regard to the flooding and standing water in the backyards of the homes of the residents on Redwood Avenue and provided background information in regard to the history of the development. She asked that solutions other than catch basins be considered (e.g. a drain be installed behind the established homes, which have been there for thirty years). On behalf of the affected residents, she requested that the Backyard Flooding Subsidy Program proposal be deferred to a later date to allow for public consultation and/or a site meeting with affected property owners to consider all of the underlying issues.

  
  
• 186-04112022
  Moved By Councillor Kimberly DeYong
  Seconded By Councillor Thomas Neufeld

  To receive presentation of Jessica Makish on behalf of Redwood Avenue residents.

  
  
  
  CARRIED

  DELEGATION

  Michael Del Ciancio RE: M.1 Temporary Foreign Worker Housing

  Mr. Del Ciancio, representing DC Farms, indicated that the community and the greenhouse industry must come together to fix the issue of migrant worker housing and encouraged the Town to look at both short and long-term solutions, to look objectively at the situation from all angles, and to set an example for other small farming towns like ours who are also facing migrant housing issues. He indicated he would like to be a part of the discussion and process.

  
  
• 187-04112022
  Moved By Councillor Laura Lucier
  Seconded By Councillor Tony Gaffan

  That the presentation by Michael Del Ciancio (owner, DC Farms) BE RECEIVED.

    

  
  
  
  CARRIED

  DELEGATION

  Jim Klassen, Klassen Greenhouse Farms Inc.--RE: Item M.1 Temporary Foreign Worker Housing

  Mr. Klassen expressed his concerns in regard to the decision by the Town to change the occupancy ratio from four to zero. He was unaware of the decision, had already purchased houses for his workers in an effort to have smaller cohorts, and applied for building permits. He is having difficulty explaining the situation to his workers who have been with him for many years. 

  Aaron Coristine, representing Ontario Greenhouse Vegetable Growers RE: Item M.1 Temporary Foreign Worker Housing

  Aaron Coristine, representing OGVG stated that the temporary foreign workers in this region are critical to the success of the community and the success of the farms. The growers must have the infrastructure and necessary housing accommodations. The Town's decision to change the occupancy ratio from four to zero in off the farm residential housing has the capacity to cripple the industry through the loss of their workforce with severe negative impacts to the community and the farms. He stated that OGVG wishes to work collaboratively with the Town and requested that the Council adopt the recommendation, develop a community engagement group, and expedite the building permit approval process.

  
  
• 188-04112022
  Moved By Councillor Thomas Neufeld
  Seconded By Councillor Tony Gaffan

  That the presentation of Aaron Coristine on behalf of the Ontario Greenhouse Vegetable Growers BE RECEIVED.

  
  
  
  CARRIED

  DELEGATION

  Carly and Richard Colasanti RE: Item M-1--Temporary Foreign Worker Housing (CAO-2022-01)

  Mr. Colasanti commented that while he appreciates the CAO's recommendation to allow for four occupants, there is a housing shortage and if the number of occupants remains at four, more houses will be needed. He suggested that the number be increased to the ratio allowed two years ago through the various agencies (Health, fire, etc.)  as a short-term solution and then work collaboratively to work toward a long-term solution. He indicated that he wants to provide input on the housing study and wants to be a part of it. 

  DELEGATION

  Guido van het Hof, Great Northern Hydroponics RE: Item M-1--Temporary  Foreign Worker Housing

  Mr. van het Hof stated that he had no additional comments.

  
  

2.

Community Event Request 58th Annual Fall Fair and Horse Festival

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

• 189-04112022
  Moved By Councillor Laura Lucier
  Seconded By Deputy Mayor Gord Queen
  1. That, subject to the satisfactory completion of all items listed by SERT, the use of Ridgeview Park and Pavilion on September 18, 2022, from 8:00 a.m. to 4:00 p.m. by the Rotary Club of Cottam BE APPROVED.
  
  
  
  CARRIED

3.

Hogs for Hospice SERT Request

• Councillor Tony Gaffan declared a conflict on this item. (Councillor Gaffan has a business in the area affected.)

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

• 190-04112022
  Moved By Deputy Mayor Gord Queen
  Seconded By Councillor Thomas Neufeld

  That the Report for Hogs for Hospice SERT Request report BE DEFERRED so that other alternatives can be brought back to Council at a future meeting.

  
  
  
  CARRIED

  At 7:40 p.m. Mayor Santos called for a brief recess and the meeting reconvened at 7:47 p.m.

  
  

I.

REPORTS - FINANCIAL SERVICES AND INFORMATION TECHNOLOGY

No reports at this time.

J.

REPORTS - FIRE SERVICES

No reports at this time.

K.

REPORTS - INFRASTRUCTURE AND ENGINEERING

1.

Meter Upgrade Program: Phase 2 Procurement

The Manager of Public Works and Environmental Services provided an overview of the Report

• 191-04112022
  Moved By Councillor Laura Lucier
  Seconded By Councillor Larry Patterson
  1. That the Procurement Phase of the Meter Replacement Program BE AWARDED to Diameter Services Inc. in the amount of $59,305.00 (excluding HST) and the Mayor and Clerk BE AUTHORIZED to execute the requisite agreement.
  
  
  
  CARRIED

2.

Fleet Procurement Report

The Manager of Public Works and Environmental Services provided an overview of the report.

• 192-04112022
  Moved By Councillor Larry Patterson
  Seconded By Councillor Thomas Neufeld
  1. That the purchase of one (1) Chevy Silverado 1500 LTD for the Public Works Department at a cost of $51,349.00 (excluding HST) BE APPROVED; and,

      

  2. The Director of Finance and IT Services BE DIRECTED to use $9,349.00 in unallocated fleet reserves to cover the additional expenses.
  
  
  
  CARRIED

3.

Backyard Flooding Subsidy Program

• Councillor Larry Patterson declared a conflict on this item. (A family member resides on Redwood Avenue.)

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

• 193-04112022
  Moved By Councillor Kimberly DeYong
  Seconded By Councillor Laura Lucier
  1. That the Backyard Flooding Subsidy Program BE APPROVED as amended to reflect that the eligible subsidy would be for up to 50% of the cost to install a new rear yard catch basin to a maximum of $2,500.00 per residential property; and,
  2. That Administration BE DIRECTED to add the residual cost to the property's tax roll at their option and that it shall be paid over a period of time stipulated in the established drainage policy; and
  3. That Administration BE DIRECTED to hold a public meeting with the Redwood Avenue Residents to explain the Backyard Flooding Protection Subsidy Program and address their concerns through an explanation of the drainage history. 
  
  
  
  CARRIED

L.

REPORTS - LEGAL AND CLERK SERVICES

No reports at this time.

M.

REPORTS - CAO's OFFICE

1.

Temporary Foreign Worker Housing

The CAO provided an overview of the report.

• 194-04112022
  Moved By Councillor Thomas Neufeld
  Seconded By Councillor Larry Patterson
  1. That, on a temporary basis, foreign worker housing BE PERMITTED “off the farm” in non-urban rural areas up to a maximum of four persons per house, subject to registration with the Town; and,
  2. Administration BE DIRECTED to continue work with the “Foreign Worker Housing Study” Consultant to bring forward recommendations to Council to address the issues raised in this report.
  
  
  
  
• Amendment:
  195-04112022
  Moved By Deputy Mayor Gord Queen
  Seconded By Councillor Kimberly DeYong

  That any approval would expire on December 31, 2022 or on the completion of the Foreign Worker Housing Study (whichever comes first). 

  
  
  
  CARRIED
• Amendment:
  194-04112022
  Moved By Councillor Thomas Neufeld
  Seconded By Councillor Larry Patterson

   

  1. That, on a temporary basis, foreign worker housing BE PERMITTED “off the farm” in non-urban rural areas up to a maximum of four persons per house, subject to registration with the Town until December 31, 2022 or until the completion of the Foreign Worker Housing Study (whichever comes first); and,
  2. Administration BE DIRECTED to continue work with the “Foreign Worker Housing Study” Consultant to bring forward recommendations to Council to address the issues raised in this report.

   

  
  
  
  CARRIED
• 196-04112022
  Moved By Councillor Tony Gaffan
  Seconded By Councillor Thomas Neufeld

  That Council at 8:55 p.m. enter into closed session under Subsection 239(2)(f) of the Municipal Act [advice that is subject to solicitor-client privilege, including communications necessary for that purpose] to obtain legal advice.

  
  
  
  CARRIED

  Upon rising from closed session at 9:11 p.m. Mayor Santos reported that Council received legal advice in closed session. The discussion pertaining to Agenda Item M-1 then resumed.

  
  

N.

CONSENT AGENDA

1.

Committee of Adjustment and Appeals--January 18, 2022

2.

Police Services Board Meeting Minutes--January 26, 2022

3.

Migration Festival Committee Meeting Minutes--February 23, 2022

4.

County of Essex--Correspondence re: Food Waste Management Program

5.

Correspondence from the Greater Essex County District School Board dated March 24, 2022

6.

Regular Meeting of Council Minutes--March 28, 2022

7.

Regular Closed Session Meeting of Council Minutes--March 28, 2022

Councillor Lucier asked that the Item N.4 be removed for discussion. 

• 197-04112022
  Moved By Councillor Larry Patterson
  Seconded By Councillor Kimberly DeYong

  That Council approves Consent Agenda items N.1 to N.3 and N.5 to N.7.

  
  
  
  CARRIED

  Item N.4 County of Essex Correspondence re: Food Waste Management Program.

  It was noted by the Deputy Mayor and Mayor that the County has included the Town of Kingsville in a regional solution for the collection and processing of organic waste material from urban settlement areas, which is contrary to the wishes of Council.

  
  
• 198-04112022
  Moved By Deputy Mayor Gord Queen
  Seconded By Councillor Kimberly DeYong

  That the CAO BE AUTHORIZED to take the steps necessary to ensure the County is well aware of the position of this Council in connection with the County's Food Waste Management Program initiative, so that the Town does not get invoiced for something that the Town did not ask for. 

  
  
  
  CARRIED
• 199-04112022
  Moved By Councillor Tony Gaffan
  Seconded By Councillor Laura Lucier

  That Consent Agenda Item N.4 BE RECEIVED.

  
  
  
  CARRIED

O.

NOTICES OF MOTION

1.

Councillor Lucier may move, or cause to have moved:

• 200-04112022
  Moved By Councillor Laura Lucier
  Seconded By Councillor Kimberly DeYong

  WHEREAS there has been an increase of visible homelessness in Kingsville;

  AND WHEREAS there has likely been an increase in "hidden" homelessness including couch surfing, sleeping in vehicles, and people staying in unsafe living conditions;

  AND WHEREAS the pandemic has revealed pre-existing problems and worsened others such as rising rent, addictions, lack of diverse housing, heightened mental health demands, and transportation barriers in rural areas like Kingsville;

  AND WHEREAS this is a complex social issue and local/regional supports are limited and clearly not providing an effective solution; 

  AND WHEREAS this problem is likely to continue to grow, bringing increased human suffering as well as economic and safety concerns.

  NOW THEREFORE BE IT RESOLVED that Council:

  • Direct the CAO to organize a Homelessness Working Group consisting of representatives from the municipality, local agencies, businesses, service groups, and those with lived experience to gather information about the current local situation, conduct a review of existing services, research best practices, and come up with recommendations to reduce the impact of homelessness on our community, and on the individuals in our community that are experiencing homelessness; and
  • Allocate $15,000 from COVID Relief Funds to be used to hire a part-time employee on a 6-month contract to lead the Homelessness Working Group on the above initiative.
  
  
  
  LOST
• 201-04112022
  Moved By Deputy Mayor Gord Queen
  Seconded By Councillor Larry Patterson

  That Administration BE DIRECTED to invite the OPP, Fire and EMS to provide an update to Council on the homelessness situation in Kingsville.

  
  
  
  CARRIED

  At the next Regular Meeting, Deputy Mayor Queen may move or cause to have moved: That Council ask the senior administration team to consider as part of the facilities research the reason and history of the Ruthven Library site known as: "The Ezra Fox Memorial Library". 

  At the next Regular Meeting, Deputy Mayor Queen may move or cause to have moved: That Council send a formal request to the Essex County Library Board regarding the two libraries in Kingsville located in Cottam and Ruthven, asking for: The staffing hours and usage numbers by month at each site for 12 months prior to COVID.

   

  
  

P.

UNFINISHED BUSINESS AND ANNOUNCEMENTS

Councillor Lucier thanked Council and everyone in the community who assisted with the fundraiser for Ukraine. The preliminary total raised was $25,600.

Councillor Neufeld provided the following Communities in Bloom updates:

i) on May 1 an event will be held at Lakeside Park to celebrate The Year of the Garden;

ii) Fundraising dance events are scheduled for May 22 and July 15 at The Grovedale;

iii) The CIB National judges will be arriving on July 19 and 20 and will be showcasing Kingsville. 

Councillor DeYong indicated she would not be providing a notice of motion this evening. 

Q.

BYLAWS

1.

By-law 25-2022

Being a by-law to establish and dedicate certain lands in the Town of Kingsville as a Public Highway

2.

By-law 28-2022

Being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its April 11, 2022 Regular Meeting

• 202-04112022
  Moved By Deputy Mayor Gord Queen
  Seconded By Councillor Larry Patterson

  That By-law 25-2022 and By-law 28-2022 be read three times and finally passed and that the Mayor and Clerk be authorized to sign same.

  
  
  
  CARRIED

R.

CLOSED SESSION

• 203-04112022
  Moved By Councillor Tony Gaffan
  Seconded By Councillor Thomas Neufeld

  That Council at 9:51 p.m., pursuant to Section 239(2) of the Municipal Act, 2001 enter into closed session to address the following item:

  ITEM I) Personnel Update on Employee matter-Subsection 239(2)(b) personal matters about an identifiable individual, including municipal employees; and Subsection 239(2)(d) labour relations or employee negotiations, being a verbal report of Human Resources Manager J. Galea and CAO J. Norton.

  
  
  
  CARRIED

  There was no rising report. A rising report will be provided at the next Regular Meeting.

  
  

S.

REPORT OUT OF CLOSED SESSION

T.

ADJOURNMENT

• 204-04112022
  Moved By Councillor Kimberly DeYong
  Seconded By Councillor Larry Patterson

  That this Regular Meeting of Council adjourn at 10:29 p.m.

  
  
  
  CARRIED