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 Tony Gaffan
  • Councillor Thomas Neufeld
  • Councillor Larry Patterson
  • Councillor Kimberly DeYong
  • Councillor Laura Lucier
Members of Administration
  • J. Astrologo, Director of Legislative Services/Solicitor/Clerk
  • R. Brown, Manager of Planning Services
  • T. Del Greco, Manager of Engineering
  • S. Kitchen, Deputy Clerk-Council Services
  • S. Martinho, Manager of Public Works and Environmental
  • R. McLeod, Director of Financial & IT Services
  • A. Plancke, Director of Infrastructure & Engineering
  • P. Valore, Chief Building Official
  • D. Wolicki, Manager of Municipal Facilities and Property
  • J. Norton, CAO
  • John Quennell, Deputy Fire Chief
  • Karen Loney, Manager of Recreation, Programs and Special Events

A.
CALL TO ORDER
 

Mayor Santos, in attendance in the Council Chambers, called the Regular Meeting to order at 6:00 p.m. All other members of Council participated in the meeting through video conferencing technology from remote locations.

B.
MOMENT OF SILENCE AND REFLECTION
 

Mayor Santos asked members to rise to observe a moment of silence and reflection to be followed by the playing of O'Canada.

C.
PLAYING OF NATIONAL ANTHEM
 

D.
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.

E.
CLOSED SESSION
 

  • 246-2021
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Kimberly DeYong

    That Council at 6:04 p.m. enter into Closed Session to address the following items:

    i) Subsection 239(2)(f) advice that is subject to solicitor-client privilege re: verbal report from Director of Legislative Services J. Astrologo re: Grass Cutting and Trimming Maintenance tender; and

    ii) Subsection 239(2)(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality; being a Report from Director of Financial and IT Services R. McLeod pertaining to physician recruitment. 



    CARRIED

    Mayor Santos noted that the third closed session item that was listed on the agenda (Closed Session Item E. iii) will be discussed at a future meeting.


F.
REPORT OUT OF CLOSED SESSION
 

Upon rising from Closed Session at 6:46 p.m. Mayor Santos stated that Council had entered into Closed Session to address Items E.i) and ii) as described above.

RE: E.i) He reported that Council received verbal information subject to solicitor-client privilege regarding Grass Cutting and Trimming Maintenance tenders.

RE: E.ii) Mayor Santos indicated that Council was provided information and provided direction to the Management team going forward regarding physician recruitment initiatives.

G.
PRESENTATIONS/DELEGATIONS
 

1.
ERCA CAO/Sec.-Treas. Tim Byrne, Interim CFO/Director, Finance and Corporate Services Shelley McMullen and ERCA Chair Tania Jobin 
This item has attachments. 

1.Essex Region Conservation Authority (ERCA) Delegation Request Letter - accessible.pdf

Ms. Jobin explained the recent changes to the Conservation Authorities Act, which have widespread and significant implications for operations and program delivery in 2022, due to the provincially required bifurcation of services into mandatory and non-mandatory categories and resulting changes to the existing funding model. She highlighted key points of the budget and provided detail as to the identification of mandatory and non-mandatory services and reallocation of municipal levies to core mandated responsibilities and other duties and responsibilities as described in the Act. Mr. Byrne also addressed Council.

Following the presentation, the 2020 Annual Report video was also shown onscreen, highlighting some of the work undertaken by the authority in this community.

H.
AMENDMENTS TO THE AGENDA
 

Councillors Neufeld and DeYong each added one Announcement.

Mayor Santos added one Announcement.

I.
STAFF REPORTS
 

1.
Night Sky Update
This item has attachments. 

1.Night Sky update.pdf

P. Valore--Chief Building Official, and R. Sassine--By-law Enforcement Officer

  • 247-2021
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Tony Gaffan

    That Council directs Administration to send comments in response to the Health Canada Cannabis Consultation process (Business Correspondence Item L.12.) before the May 8, 2021 deadline.



    CARRIED
  • 248-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council receives Report RE: Night Sky Update as information as it relates to night sky compliance and the enforcement of the Odour and Nuisance By-law.



    CARRIED

2.
Application for Site Plan Approval SPA/02/2021 by 1486134 Ontario Limited 303 & 313 Main St. E., Part of Lots 2 & 3, Concession 1 ED Parts 1 & 2, RP 12R 10381, Part 1, RP 12R 11009
This item has attachments. 

1.SPA 02 2021 1486134 Ontario Limited.pdf
2.Appendix A - April 07-2021 - Kingsville Starbucks.pdf

R. Brown, Manager of Planning Services.

  • 249-2021
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Larry Patterson

    That Council approves Site Plan Approval Application SPA/02/2021 for a 208.6 sq. m (2,226 sq. ft.) drive-thru/dine-in restaurant on lands located on the south side of Main St. E. (303 Main St. E.), subject to the conditions and requirements outlined in the Site Plan Agreement and authorizes the Mayor and Clerk to sign the Agreement and register said Agreement on title.



    CARRIED

3.
Application for Site Plan Approval by Amico Properties Inc. 1768 Division Rd. N. Part of Lot 1, Concession 1 ED, Part 6, RP 12R 28404
This item has attachments. 

1.SPA 05 2021 Amico Properties Inc.pdf
2.Appendix A - Division and Road 2-TH Site Plan 210212.pdf
3.Appendix B - 211034_Noise Impact Assessment 2021-01-29.pdf
4.Appendix C - ERCA Comment.pdf

R. Brown, Manager of Planning Services

  • 250-2021
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Thomas Neufeld

    That Council approves Site Plan Application SPA/05/2021 for a 300 sq. m (2,691 sq. ft.) drive-thru/dine-in restaurant on lands located on the east side of Division Street North (1768 Division St. N.), subject to the conditions and requirements outlined in the Site Plan Agreement and authorizes the Mayor and Clerk to sign the Agreement and register said Agreement on title.



    CARRIED

4.
Application for Site Plan Amendment SPA/08/2021 by W. Martens’ Greenhouses Ltd. 1254 Road 3 E, Part of Lot 7, Concession 3, ED
This item has attachments. 

1.SPA 08 2021 W Martens Greenhouses Ltd.pdf
2.Appendix A - 20210222 W. Martens Greenhouse Ltd. SET - For S.W.M. Report.pdf
3.Appendix B - SPA-08-2021 SUNQUEST FARMS LTD 1254 ROAD 3 EAST.pdf

R. Brown, Manager of Planning Services

  • 251-2021
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Tony Gaffan

    That Council approves Site Plan Amendment Application SPA/08/2021 for the expansion of an existing greenhouse facility including 2.77 ha (6.86 ac.) of growing area, a 1,625 sq. m (17,491 sq. ft.) pack house and expanded storm water management pond on lands located at 1254 Road 3 E., subject to the conditions and requirements outlined in the Amending Site Plan Agreement and authorizes the Mayor and Clerk to sign the Agreement and register said Agreement on title.



    CARRIED

    At 7:52 p.m. Mayor Santos called for a short recess and the meeting reconvened at 7:59 p.m.


5.
Road 11 Bridge over Ruscom River – Tender Results
This item has attachments. 

1.IED 2021-15 2021 Bridge Program.pdf
2.Appendix A.pdf
3.Appendix B.pdf

T. Del Greco, Manager of Engineering

  • 252-2021
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Kimberly DeYong

    That Council awards the Road 11 Bridge over Ruscom River Tender to Intrepid General in the amount of $924,442 (excluding HST) and authorizes the Mayor and Clerk to execute the requisite Agreement.



    CARRIED

6.
Clark St Watermain and Road Reconstruction
This item has attachments. 

1.IED 2021-18 Clark St Watermain and Road Reconstruction .pdf
2.20210330 - Tender Review Letter - Clark Street Watermain Replacement and Road Reconstruction - E-20-028.pdf

S. Martinho, Manager of Public Works and Engineering

  • 253-2021
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Larry Patterson

    That Council awards the Clark Street Watermain and Road Reconstruction project to Sherway Contracting Limited in the amount of $467,747.00 excluding HST and authorizes the Mayor and Clerk to execute the Agreement.



    CARRIED

7.
Lakeside Park Splash Pad and Washroom Facility RFP
This item has attachments. 

1.CDS 2021-03 Lakeside Park Splash Pad and Washroom Facility RFP.pdf
2.Appendix A - Splash Pad Drawing and Design.pdf

D. Wolicki, Manager of Municipal Facilities and Property

A recorded vote was requested.

  • 254-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council authorizes the Mayor and Clerk to execute an agreement with TCI Titan Construction Inc. in the amount of $699,544.43 (excluding HST) for the design and construction of the Lakeside Park Splash Pad and Washroom Facility.


    ForAgainst
    Mayor Nelson SantosX
    Deputy Mayor Gord QueenX
    Councillor Tony GaffanX
    Councillor Thomas NeufeldX
    Councillor Larry PattersonX
    Councillor Kimberly DeYongX
    Councillor Laura LucierX
    Results70

    Vote Type: Majority (Voted), Recorded

    CARRIED (7 to 0)

8.
Grass Cutting and Trimming Maintenance Contract
This item has attachments. 

1.CDS 2021-02 Grass Cutting and Trimming Maintenance Contract.pdf

D. Wolicki, Manager of Municipal Facilities and Property

  • 255-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council awards the 2021 Grass Cutting and Trimming Maintenance Contract of Various Municipal Properties in the Town of Kingsville, for the period commencing April 15th, 2021 to October 31st, 2023, to CnR Landscape and Design in the amount of $58,160.00.



    CARRIED

9.
Open Streets 2021
This item has attachments. 

1.Loney 2-2021 Open Streets 2021 John Norton final April 6 2021 KL1.pdf

J. Norton, CAO and K. Loney, Manager of Recreation Programs and Special Events

  • 256-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council receives the Report, and supports the Open Streets 2021 event at this stage, recognizing that things will change and Council will receive an update Report with further recommendations for Council consideration from the Senior Management Team with input from the Open Streets Advisory Committee; and Further That Council approves the timeframe of the event (every Saturday from June 19 to September 11 from 4:00 p.m. to 10:30 p.m.).



    CARRIED

10.
Appointment of Integrity Commissioner and Closed Meeting Investigator
This item has attachments. 

1.Appointment of Integrity Commissioner and Closed Meeting Investigator.pdf
2.Appendix A and B - LS-2021-03.pdf

J. Astrologo, Director of Legislative Services.

  • 257-2021
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Kimberly DeYong

    That Council appoints Mary Ellen Bench as the Town’s Integrity Commissioner and Closed Meeting Investigator effective April 13, 2021, and adopt the necessary appointing by-law; And That Council authorizes the Director of Legislative Services to execute the written agreement between the parties on behalf of the Town.



    CARRIED

J.
MINUTES OF THE PREVIOUS MEETINGS
 

1.
Regular Meeting of Council--March 22, 2021
This item has attachments. 

1.Post-Meeting Minutes - Regular Council Meeting_Mar22_2021 - English.pdf

2.
Regular Closed Session Meeting of Council-March 22, 2021
 

3.
Special Meeting of Council-March 23, 2021
This item has attachments. 

1.Post-Meeting Minutes - Special Council Meeting_Mar23_2021 - English.pdf

4.
Special Closed Session Meeting of Council--March 23, 2021
 

  • 258-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council adopts Regular Meeting of Council Minutes dated March 22, 2021, Regular Closed Session Meeting of Council Minutes dated March 22, 2021, Special Meeting of Council Minutes dated March 23, 2021, and Special Closed Meeting of Council Minutes dated March 23, 2021.



    CARRIED

K.
MINUTES OF COMMITTEES AND RECOMMENDATIONS
 

1.
Kingsville Municipal Heritage Advisory Committee--February 17, 2021
This item has attachments. 

1.KMHAC Feb 17, 2021 minutes - accessible.pdf
  • 259-2021
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Kimberly DeYong

    That Council receives Kingsville Municipal Heritage Advisory Committee Meeting Minutes dated February 17, 2021.



    CARRIED

2.
Union Water Supply System Joint Board of Management--February 17, 2021
This item has attachments. 

1.UWSS Minutes - February 17 2021 - accessible.pdf
  • 260-2021
    Moved ByCouncillor Larry Patterson
    Seconded ByDeputy Mayor Gord Queen

    That Council receives Union Water Supply System Joint Board of Management Meeting Minutes dated February 17, 2021.



    CARRIED

3.
Parks Recreation Arts and Culture Committee--February 18, 2021
This item has attachments. 

1.PRAC Committee Minutes February 18, 2021 - accessible.pdf
2.Communities in Bloom Minutes January 12 2021 - accessible.pdf
  • 261-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council receives Parks, Recreation, Arts and Culture Committee Meeting Minutes dated February 18, 2021 together with the following sub-committee minutes: Communities in Bloom--January 12, 2021.



    CARRIED

4.
Police Services Board--February 24, 2021
This item has attachments. 

1.PSB February 24 2021 Minutes - accessible.pdf
  • 262-2021
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Larry Patterson

    That Council receives Police Services Board Meeting Minutes dated February 24, 2021.



    CARRIED

L.
BUSINESS CORRESPONDENCE - INFORMATIONAL
 

1.
MP Chris Lewis-Essex--Correspondence dated February 12, 2021 (received March 9, 2021) RE: National 3-Digit Suicide Prevention Hotline
This item has attachments. 

1.Lewis - accessible.pdf

2.
Town of Amherstburg--Correspondence dated April 6, 2021 RE: Support for National 3-Digit Suicide Prevention Hotline
This item has attachments. 

1.2021 04 06 - Support for National 3-Digit Suicide Prevention Hotline - accessible(1).pdf

3.
City of Windsor Decision letter dated March 8, 2021 RE: Windsor Essex County Environment Committee recommendation that the initiative by the WECSWA to develop a regional organic waste plan
This item has attachments. 

1.March 8 2021 - City Council - Item 8.11 Decision Letter -accessible.pdf

4.
Municipality of Calvin--Resolution 2021-052 passed March 9, 2021 RE: Universal Paid Sick Days
This item has attachments. 

1.Calvin Res 2021-052 Universal Paid Sick Days - accessible.pdf

5.
Kingsville BIA--Correspondence dated March 10, 2021 RE: Current internet infrastructure in the Town of Kingsville
This item has attachments. 

1.Letter to Council - fibre and internet - Follow Up - accessible.pdf

6.
Kingsville BIA--Correspondence dated March 10, 2021 re rent relief Carnegie Building
This item has attachments. 

1.Letter to Council - rent relief request - accessible.pdf

7.
Canadian Union of Postal Workers--Resolution request received March 11, 2021 to endorse CUPW 'Delivering Community Power' Campaign
This item has attachments. 

1.CUPW Request to Submit Resolution - accessible.pdf
2.resolutionSUPPORT DELIVERING COMMUNITY POWER - accessible.pdf

8.
Office of the Solicitor General--Correspondence dated March 17, 2021 RE: Update on the new OPP detachment boards under the Community Safety and Policing Act, 2019
This item has attachments. 

1.132-2021-404 OPP Detachment Board Framework_SG Outgoing_English - accessible.pdf
2.OPP_DB_PROPOSAL_FACTSHEET_EN - accessible.pdf
3.OPP_DB_PROPOSAL_QA_EN - accessible.pdf

9.
Ontario Fire College Closure Resolutions
 

10.
Ontario Recreational Facilities Association Inc. Open Letter to OFRA Members and Industry Employers received March 19, 2021
This item has attachments. 

1.Open Letter to ORFA Members and Industry Employers - accessible.pdf

11.
Town of Orangeville--Resolution passed March 22, 2021 RE: Bill 257
This item has attachments. 

1.Orangeville Resolution, Bill 257 - accessible.pdf

12.
Debbie France, Norfolk County resident--Email dated March 28, 2021 RE: Health Canada Cannabis Consultation open for comment until May 7, 2021
This item has attachments. 

1.Time Sensitive Health Canada Cannabis Consultat - accessible.pdf

13.
Town of Cochrane--Correspondence dated March 29, 2021 RE: MeeQuam Youth Residence Closure
This item has attachments. 

1.Cochrane Resolution 83-2021 - accessible.pdf

14.
City of Kitchener--Correspondence dated March 31, 2021 RE: Planning Act Timelines.
This item has attachments. 

1.Kitchener Letter - Planning Act Timelines - accessible.pdf

15.
Ministry of Agriculture, Food and Rural Affairs--Correspondence from Minister Hardeman dated March 31, 2021 
This item has attachments. 

1.OMAFRA EXB05357_signed - accessible.pdf

16.
Township of Hudson--Correspondence dated March 31, 2021 RE: Support for Fire Departments
This item has attachments. 

1.Township of Hudson - Support for Fire Departments - accessible.pdf

17.
County of Essex Administrative Report dated April 7, 2021 RE: Traffic Calming Gosfield North Public School
This item has attachments. 

1.Traffic Calming Gosfield North Public School On Belle a River Road - accessible.pdf
  • 263-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council receives Business Correspondence-Informational items 1 through 17.



    CARRIED
  • 264-2021
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Tony Gaffan

    That Council supports Town of Orangeville Council Resolution #2021-116 passed March 22, 2021 re: Bill 257.



    CARRIED

     

     


  • 265-2021
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Thomas Neufeld

    That Council requests further information be provided by the City of Windsor RE: City Council Decision Number CR92/2021 ETPS 810 dated March 8, 2021. 



    CARRIED
  • 266-2021
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Tony Gaffan

    That Council directs that Administration provide a Report on the Kingsville BIA request dated March 10, 2021 RE: Rent relief to be provided at a future Meeting.



    CARRIED

M.
NOTICES OF MOTION
 

None.

N.
UNFINISHED BUSINESS, ANNOUNCEMENTS AND UPDATES
 

1.
Kingsville Historical Park Verbal Update by Councillor Neufeld RE:  Current happenings and coming events
 

Councillor Neufeld provided an update pertaining to the Kingsville Historical Park. The Board has formed a working group to discuss options about the future of the organization. The Executive Board includes members of the Kingsville Legion and discussions have been held around hours, volunteers, and future plans. He described some of the initiatives that have been planned, including more social presence and a social media video campaign.

He also announced that on Sunday, June 27, 2021, as part of their 80th anniversary celebration, the 408 Tactical Helicopter Squadron out of Edmonton will be landing two to three helicopters on the grounds of the Kingsville Historical Park museum with the idea of touring the museum and allowing members of the public to meet the squadron personnel.

Councillor DeYong updated that the Main St. Development Committee met recently and provided a public presentation. One more meeting will be held and the Committee's recommendations will be coming forward to Council in the future.

Mayor Santos updated regarding the JK-12 Super School. A report will be coming forward to the April 26, 2021 Regular Meeting with site plan details.

O.
BYLAWS
 

1.
By-law 33-2021
This item has attachments. 

1.33-2021 Appoint UWSS Joint Board of Mgmt.pdf
  • 267-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council reads By-law 33-2021, being a By-law to amend By-law 2-2019, as amended, being a By-law to appoint certain members of Council and individuals to boards and committees, a first, second and third and final time.



    CARRIED

2.
By-law 34-2021
This item has attachments. 

1.34-2021 Appoint Integrity Commissioner.pdf
  • 268-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council reads By-law 34-2021, being a By-law to appoint Mary Ellen Bench as the Integrity Commissioner and the Closed Meeting Investigator for The Corporation of the Town of Kingsville, a first, second and third and final time.



    CARRIED

P.
CONFIRMATORY BY-LAW
 

1.
By-law 35-2021
This item has attachments. 

1.35-2021 Confirmatory April 12 2021.pdf
  • 269-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council reads By-law 35-2021, being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its April 12, 2021 Regular Meeting a first, second and third and final time.



    CARRIED

Q.
ADJOURNMENT
 

  • 270-2021
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Tony Gaffan

    That Council adjourns this Regular Meeting at 9:20 p.m.



    CARRIED
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