REGULAR MEETING OF COUNCIL
AGENDA

Monday, April 12, 2021 at 6:00 P.m. - 8:00 P.m.

Council Chambers

2021 Division Road N

Kingsville, Ontario N9Y 2Y9

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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.

MOMENT OF SILENCE AND REFLECTION

C.

PLAYING OF NATIONAL ANTHEM

D.

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.

E.

CLOSED SESSION

Pursuant to Subsection 239(2) of the Municipal Act, 2001, Council will 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;

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. 

iii) Subsection 239(2)(e) litigation or potential litigation affecting the municipality, being an update from Manager of Planning Services R. Brown RE: Car Wash and Laundromat operating at 281 Main St. East.

F.

REPORT OUT OF CLOSED SESSION

G.

PRESENTATIONS/DELEGATIONS

1.

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

SEE: Correspondence request dated February 24, 2021. The 2020 Annual Report Video will also be presented.

H.

AMENDMENTS TO THE AGENDA

I.

STAFF REPORTS

1.

Night Sky Update

Chief Building Official P. Valore

• Recommended Action

  The recommendation is that Council receive this report as information as it relates to night sky compliance and the enforcement of the Odour and Nuisance by-law.

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

R. Brown, Manager of Planning Services

• Recommended Action

  That Council:

  Approve 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 Man St. E. (303 Main St. E.), subject to the conditions and requirements outlined in the site plan agreement and authorize the Mayor and Clerk to sign the agreement and register said agreement on title.

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

R. Brown, Manager of Planning Services

• Recommended Action

  That Council:

  Approve 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 authorize the Mayor and Clerk to sign the agreement and register said agreement on title.

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

R. Brown, Manager of Planning Services

• Recommended Action

  That Council:

  Approve 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 authorize the Mayor and Clerk to sign the agreement and register said agreement on title.

5.

Road 11 Bridge over Ruscom River – Tender Results

T. Del Greco, Manager of Engineering

• Recommended Action

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

6.

Clark St Watermain and Road Reconstruction

S. Martinho, Manager of Public Works and Engineering

• Recommended Action

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

7.

Lakeside Park Splash Pad and Washroom Facility RFP

D. Wolicki, Manager of Municipal Facilities and Property

• Recommended Action

  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.

8.

Grass Cutting and Trimming Maintenance Contract

D. Wolicki, Manager of Municipal Facilities and Property

• Recommended Action

  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 15^th, 2021 to October 31^st, 2023, to CnR Landscape and Design in the amount of $58,160.00.

9.

Open Streets 2021

J. Norton, CAO

• Recommended Action

  That Council approves the plans outlined in this report for the 2021 Open Streets event and approve the 2021 Open Streets budget.

10.

Appointment of Integrity Commissioner and Closed Meeting Investigator

J. Astrologo, Director of Legislative Services

• Recommended Action

  That Council appoint Mary Ellen Bench as the Town’s Integrity Commissioner and Closed Meeting Investigator

J.

MINUTES OF THE PREVIOUS MEETINGS

1.

Regular Meeting of Council--March 22, 2021

2.

Regular Closed Session Meeting of Council-March 22, 2021

3.

Special Meeting of Council-March 23, 2021

4.

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

• Recommended Action

  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.

K.

MINUTES OF COMMITTEES AND RECOMMENDATIONS

1.

Kingsville Municipal Heritage Advisory Committee--February 17, 2021

• Recommended Action

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

2.

Union Water Supply System Joint Board of Management--February 17, 2021

• Recommended Action

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

3.

Parks Recreation Arts and Culture Committee--February 18, 2021

• Recommended Action

  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.

4.

Police Services Board--February 24, 2021

• Recommended Action

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

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

2.

Town of Amherstburg--Correspondence dated April 6, 2021 RE: Support for National 3-Digit Suicide Prevention Hotline

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

4.

Municipality of Calvin--Resolution 2021-052 passed March 9, 2021 RE: Universal Paid Sick Days

5.

Kingsville BIA--Correspondence dated March 10, 2021 RE: Current internet infrastructure in the Town of Kingsville

6.

Kingsville BIA--Correspondence dated March 10, 2021 re rent relief Carnegie Building

7.

Canadian Union of Postal Workers--Resolution request received March 11, 2021 to endorse CUPW 'Delivering Community Power' Campaign

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

9.

Ontario Fire College Closure Resolutions

a.

District Municipality of Muskoka--Resolution passed March 15, 2021

b.

Township of Edwardsburgh Cardinal--Resolution passed March 22, 2021

10.

Ontario Recreational Facilities Association Inc. Open Letter to OFRA Members and Industry Employers received March 19, 2021

11.

Town of Orangeville--Resolution passed March 22, 2021 RE: Bill 257

12.

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

13.

Town of Cochrane--Correspondence dated March 29, 2021 RE: MeeQuam Youth Residence Closure

14.

City of Kitchener--Correspondence dated March 31, 2021 RE: Planning Act Timelines.

15.

Ministry of Agriculture, Food and Rural Affairs--Correspondence from Minister Hardeman dated March 31, 2021 

16.

Township of Hudson--Correspondence dated March 31, 2021 RE: Support for Fire Departments

17.

County of Essex Administrative Report dated April 7, 2021 RE: Traffic Calming Gosfield North Public School

• Recommended Action

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

M.

NOTICES OF MOTION

N.

UNFINISHED BUSINESS, ANNOUNCEMENTS AND UPDATES

1.

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

O.

BYLAWS

1.

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 

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

2.

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

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

P.

CONFIRMATORY BY-LAW

1.

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 

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

Q.

ADJOURNMENT