REGULAR MEETING OF COUNCIL
AGENDA

Tuesday, October 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.

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)(b) [personal matters about an identifiable individual, including municipal employees] and Subsection 239(2)(f) [advice that is subject to solicitor-client privilege, including communications necessary for that purpose] being a verbal report by members of Senior  Administration in connection with identifiable municipal employees;

ii) 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] being a report of P. Valore, Chief Building Official in connection with a zoning by-law investigation;

i) Subsection 239(2)(e) [litigation or potential litigation, including matters before administrative tribunals] and Subsection 239(2)(c) [a proposed or pending acquisition or disposition of land by the municipality] being a verbal report of Director G. A. Plancke in connection with a matter relating to land expropriation.

 

C.

LAND ACKNOWLEDGEMENT

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.

D.

MOMENT OF SILENCE AND REFLECTION AND NATIONAL ANTHEM

Live singing of O'Canada by Alyssa Neal.

E.

AMENDMENTS TO THE AGENDA

F.

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.

G.

PRESENTATIONS

1.

Communities in Bloom--Presentation by Karin Sonnenberg, Member SEE: Staff Report J-1 SEE ALSO: PowerPoint presentation entitled 'Why become a Bee City?'

H.

DELEGATIONS

I.

MATTERS SUBJECT TO NOTICE

1.

DRAINAGE REPORT CONSIDERATION--DANUBE DRAIN IMPROVEMENTS

S. Martinho, Public Works Manager and T. Peralta, P. Eng. (N. J. Peralta Engineering Ltd.)

i) Notice of Meeting to Consider the Engineer's Report dated September 27, 2021;

ii) Drainage Report dated October 1, 2020 for the Danube Drain Improvements (for 617885 Ontario Limited (300-32600), Part of Lot 9, Concession 2 ED; N. J. Peralta Engineering Ltd. Project No. D-19-120); and

iii) Proposed By-law 76-2021, being a by-law to provide for improvements to the Danube Drain, in the Town of Kingsville, in the County of Essex (to be read a first, second and third and final time)

a.

Danube Drain Improvements--Report of S. Martinho, Manager of Public  Works and Environmental Services

• Recommended Action

  That Council authorize the following:

  • Per Section 78 of the Drainage Act, the adoption of the engineers report provided by N.J. Peralta Engineering Ltd., titled Danube Drain Improvements; 
  • Given that the owners of Jem Farms waived their right to appeal, that By-law 76-2021 for the work be presented to Council for 1st, 2nd, and final reading and that the Clerk send by mail a copy of the By-law to each of the affected parties;  
  • That $65,000.00 be included in the 2022 budget for replacing the culvert crossing on Peterson Side Road. 

2.

Application for Zoning By-law Amendment by Cibulka Martin Ltd. 1172 County Road 20, Pt. Lot 10, Concession S 4 WD

R. Brown, Manager of Planning Services

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment, dated September 21, 2021;

ii) Report of R. Brown, dated September 27, 2021;

iii) Proposed By-law 81-2021, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

• Recommended Action

  That Council:

  Approve zoning amendment application ZBA/20/2021 to rezone property located at 1172 County Road 20 from Education, (EG) to a site-specific Rural Commercial, C6-14 to permit a veterinary clinic and other limited uses, and adopt the implementing by-law.

3.

2791854 Ontario Inc. 9 Pulford St., Lot 3 & Pt. Lot 4, Plan 1182, Pt. Lots 5 & 6, W/S Water Mill St, Pt. Lots 8 & 9, E/S Division Line Street & Pt. 1, RP 12 R 22657

R. Brown, Manager of Planning Services

i) Notice of Complete Application and Public Meeting: Zoning By-law  Amendment, dated September 22, 2021; and

ii) Report of R. Brown, dated September 24, 2021.

• Recommended Action

  That Council:

  Deny zoning amendment application ZBA/19/2021 as the requested scale of the home occupation – professional office in the proposed location does not conform to the residential policies of Official Plan for the Town of Kingsville.

J.

CONSENT AGENDA

1.

Regular Meeting of Council Minutes--September 27, 2021

2.

Kingsville Accessibility Advisory Committee--June 17, 2021

3.

Migration Festival Committee--June 22, 2021, July 27, 2021 and August 24, 2021

4.

Fantasy of Lights--June 22, 2021 and August 24, 2021

5.

Highland Games Committee--July 19, 2021

6.

Police Services Board--July 28, 2021

7.

Communities in Bloom Committee--August 3, 2021, together with Sample 'Year of the Garden 2022' Proclamation 

8.

Union Water Supply System Joint Board of Management--August 11, 2021

9.

Kingsville Municipal Heritage Advisory Committee--August 17, 2021

10.

Committee of Adjustment--August 17, 2021

11.

Park Recreation Arts and Culture Committee--August 19, 2021

12.

Municipality of Chatham-Kent--Correspondence dated September 28, 2021 RE: Renovictions

13.

Kingsville B.I.A.--August 10, 2021

K.

STAFF REPORTS

1.

Bee/Pollinator Friendly Community

K. Sonnenberg, Member of Communities in Bloom committee.

• Recommended Action

  That Council,

  1. Approves the application for the Town of Kingsville to be a Bee/Pollinator Friendly Community as part of Bee City Canada

2.

3rd Quarter 2021 - Cityworks Summary Report

G. A. Plancke, Director of Infrastructure and Engineering

• Recommended Action

  That Council receive this summary provided for information only.

3.

Timbercreek Estates Phase 2 – Initial Acceptance

G. A. Plancke, Director of Infrastructure and Engineering

• Recommended Action

  That Council initially accept the Timbercreek Estates Phase 2 Subdivision onto “Maintenance” for a period of no less than one year, and that the Clerk provide written confirmation to the Developer of the date of Initial Acceptance of the Development by Council resolution.

4.

Dix Alley Surplus & Disposal

G. A. Plancke, Director of Infrastructure and Engineering

• Recommended Action

  That Council approve the surplus and disposal declaration of the unopened portion of Dix Alley, and further explore the offer for sale process for the recognized unopened sections of registered Plan # 1348 forming part of the Dix Alley Road allowance with the abutting landowners and further that,

  Council approve - Table 1. Proposed Dix Alley Disposal Apportionment Schedule.

5.

Elimination of Residential Tenant Water Billing and Revised Shut-off Procedures

R. McLeod, Director of Financial and IT Services

• Recommended Action

  That Council eliminate the option for residential tenant water and wastewater billing, effective January 1, 2022.

  And that, any existing residential tenant customer accounts shall remain active until they vacate their dwelling.

  And that, the Town shall discontinue the use of shut-offs as a collection tool for residential accounts, and instead transfer of any unpaid water and wastewater charges to the property’s tax roll. Such transfers will occur once an account is two or more bills in arrears and will be subject to $25 administrative fee.

  And that, the Town will continue to offer water and wastewater billing for commercial tenants, however, staff are authorized to shut-off the water to any commercial accounts which are two or more bills in arears.

6.

Appoint a Clerk

S. Kitchen, Acting Clerk

• Recommended Action

  That Council pass By-law 82-2021 appointing a Clerk under Section 228(1) of the Municipal Act, 2001.

L.

BUSINESS/CORRESPONDENCE-ACTION REQUIRED

M.

NOTICES OF MOTION

1.

Councillor DeYong may move, or cause to have moved:

That the Town of Kingsville asks the Town of Essex to require the E.L.K. executive leadership and E.L.K. Board of Directors to embark on a comprehensive review of supply of electricity, why its supply is unreliable, why E.L.K. is unresponsive to customer complaints and concerns and why E.L.K. won’t work with the Town of Kingsville on a road use agreement. The Town of Essex can do this through a unanimous shareholders declaration or similar resolution;

And Further That Failing satisfactory resolution from the Town of Essex and E.L.K. in regard to the items above within four months, that Administration bring a report to Council on options available to the Town to hold E.L.K. accountable including (but not limited to) a complaint or application to the Ontario Energy Board.

2.

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

That Council instruct staff to explore the use of such simple technology as a central phone for committee meetings when the Zoom tool is not available in such locations as the Grovedale and the Arena meeting rooms, thus allowing the public to know what is going on.

3.

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

That Council receive detailed reports, including the applications, minutes of the SERT Committee meetings that include exactly what the Town is to do, as well as what the applicant for the SERT application is to do for any request sent to Council for approval.  Thus, ensuring that Council and thereby the public is aware of the work of and for this.

N.

UNFINISHED BUSINESS AND ANNOUNCEMENTS

O.

READING OF BY-LAWS AND CONFIRMATORY BY-LAWS 

By-laws 76-2021, and By-laws 80-2021 to 83-2021 (both inclusive) to be read collectively, a first, second and third and final time.

1.

By-law 76-2021

Being a by-law to provide for improvements to the Danube Drain in the Town of Kingsville, in the County of Essex

2.

By-law 80-2021

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

3.

By-law 81-2021

Being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (1172 County Road 20, Pt Lot 10 CON S 4 WD; ZBA/20/21)

4.

By-law 82-2021

Being a By-law to Appoint a Clerk of The Corporation of the Town of Kingsville

5.

By-law 83-2021

Being a by-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its October 12, 2021 Regular Meeting

P.

ADJOURNMENT