REGULAR MEETING OF COUNCIL

MINUTES

Meeting #:
Date:
Time:
-
Location:
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 Corporate Services
  • P. Van Mierlo-West, CAO
  • T. Hong, Manager of Financial Services
  • G. Robinson, Planner

Mayor Santos called the Regular Meeting to order at 7:00 p.m.

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

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.

Mayor Santos brought Staff Report I-3 forward for discussion.  Staff Report I-3 was presented by George Robinson, Planner.

  • 112-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council receive the report "Compliance Timeline - 281 Main St. W" and direct staff to continue with full enforcement actions to achieve the required noise limit of 60 dBs at the nearest residential property line as per Section 22 (v) of the site plan agreement; and that Administration provide an update about what actions have been taken within the next 30 days.


    CARRIED

Scott Allen, of MHBC Planning, Urban Design, & Landscape Architecture, and Mary Fox, of Fox D Consulting, appeared on behalf of the Applicant, MOH Enterprises Ltd.  Mr. Allen stated that the Applicant supports the findings and recommendations in the staff report.  Ms. Fox provided a summary of the Health Canada approval process and compliance requirements at the federal level.

Comments from the Public: 

Ugo DiCarlo - 1632 Road 4 E - speaking on behalf of the property owners that live adjacent to the greenhouse operation, stated that they are in support of the application.

Richard Krebs - 2918 Olinda Sideroad - Expressed concerns about the ventilation system that is going to be used, the noise resulting from the ventilation system and the odour issues.

Fred Driedger - 930 Road 4 E - Expressed concern about the odour issue and would like to know what system will be used to meet the "no perceptible odour" requirements.

Elma Warkentin - 1628 Road 5 E - Expressed concern about the odour issue.

Vivian Whaley - 1972 Road 5 E - Expressed concern about the impacts on air quality resulting from the odour elimination system that will be used.

Ernest Warkentin - 1628 Road 5 E - commented that existing greenhouses cannot properly modify their operation to comply with requirements put in place for cannabis production.

Sarah Anzovino - 3193 Graham Sideroad - Expressed concern about noise, odour, dark sky compliance, and the impact on infrastructure and water services as it relates to this application.  She also expressed concern about the provision of notice since the light and odour complaints extend beyond the 120 metre radius.  

  •  

    Deputy Mayor Queen requested a recorded vote.

     

    113-2019
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Tony Gaffan

    That Council approve zoning by-law amendment ZBA/16/18 to permit a medical marihuana production facility on property located at 1501, 1521, 1523 & 1527 County Road 34;

    AND THAT Council address the required relief or exemption from specific provisions in Section 4.46 of the Kingsville Zoning By-law as detailed in the amending by-law;

    AND THAT odour control provisions be added as outlined in the attached amendment;

    AND FURTHER THAT Council adopts the implementing by-law.


    Recorded (Voted)ForAgainst
    Mayor Nelson SantosX
    Deputy Mayor Gord QueenX
    Councillor Tony GaffanX
    Councillor Thomas NeufeldX
    Councillor Larry PattersonX
    Councillor Kimberly DeYongX
    Councillor Laura LucierX
    Results61

    CARRIED (6 to 1)

    Mayor Santos called for a brief recess at 8:54 pm.  

    Mayor Santos reconvened the meeting at 9:06 pm.

     


Scott Allen, of MHBC Planning, Urban Design, & Landscape Architecture, appeared on behalf of the Applicant, Kapital Produce Ltd.  Mr. Allen stated that the Applicant supports the findings and recommendations in the staff report.

There were no comments from members of the public in attendance at the meeting.

  • 114-2019
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Thomas Neufeld

    That Council approve zoning by-law amendment ZBA/17/18 to permit a medical marihuana production facility on property located at 1506, 1508 & 1526 County Road 34 & 1636 Road 4 E;

    AND THAT Council address the required relief or exemption from specific provisions in Section 4.46 of the Kingsville Zoning By-law as defined in the amending by-law;

    AND THAT odour provisions be added as outlined in the attached amendment;

    AND FURTHER THAT Council adopts the implementing by-law.


    CARRIED
  • 115-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council approve Town of Kingsville Accounts for the monthly period ended January 31, 2019 being TD cheque numbers 0067753 to 0068165 for grand total of $3,118,726.38.


    CARRIED
  • 116-2019
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Thomas Neufeld

    That Council approves the two-year agreement between the Windsor/Essex County Humane Society and the Town of Kingsville for the continuation of the 2019-2020 Cat Intake Program, and adopts Authorizing By-law 9-2019 at this Regular Meeting.


    CARRIED
  • 117-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council adopt by-law 18-2019 which reflects an increase in council remuneration in response to the elimination of the 1/3 tax exemption provisions for elected officials.


    CARRIED

The Compliance Timeline - 281 Main St. W Report was brought forward and discussed as part of Agenda Item E.1, delegation of Tony and Mary Taylor.

 

  • 118-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council receive the report on site plan public input and direct administration to incorporate the suggested notice process in the Site Plan Application Standard Operating Procedure (SOP); and that Administration enhance communication to residents through the website and other methods of communication.


    CARRIED
  • 119-2019
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Larry Patterson

    That Council repeal by-laws 116-2016 and 117-2016; 

    AND THAT Council enact Part Lot Control Exemption By-law 12-2019 to allow Lots 9, 10 and 11 inclusive on Plan 12M 587 and Lots 19 through 36, inclusive on Plan 12M 619 to be exempt from Section 50(5) of the Planning Act;

    AND FURTHER THAT Council authorize staff to forward the by-law for approval to the County of Essex Planner and register the final approved by-law on title.


    CARRIED
  • 120-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council authorize the Mayor to convey the message that Kingsville wishes to maintain a Kingsville Police Services Board and if that is not possible, the Town wishes to maintain adequate representation on any amalgamated board to ensure that the the needs of the Town are represented and communicated.  


    CARRIED
  • 121-2019
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Kimberly DeYong

    That Council participate in Autism Ontario's 'Raise the Flag' campaign and declare Tuesday, April 2, 2019 as Autism Awareness Day in the Town of Kingsville, and further, direct Administration to register forthwith with Autism Ontario for the "Raise the Flag" event.


    CARRIED
  • 122-2019
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Tony Gaffan

    That Council endorses the Municipality of Leamington to act in the capacity of host community in the 2018/2019 Dedicated Gas Tax Funds for Public Transportation Program; 

    And That Council be provided with additional information regarding the expanded transportation system between Leamington and Windsor.


    CARRIED
  • 123-2019
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Tony Gaffan

    That Council release the grant funds to the Lions Club in accordance with motion No. 96-2019 passed at the January 30, 2019 Special Meeting of Council.


    CARRIED
  • 124-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council appointment the following Members to the By-law Appeal Committee: Mayor Santos, Deputy Mayor Queen, Councillor Lucier, Councillor Neufeld, Councillor Patterson; and that Council adopt By-law 20-2019.


    CARRIED
  • 126-2019
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Thomas Neufeld

    That Council receive Union Water Supply System Joint Board of Management Meeting Minutes dated November 21, 2018


    CARRIED
  • 127-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council receive Police Services Board Meeting Minutes dated November 28, 2018


    CARRIED
  • 128-2019
    Moved ByCouncillor Tony Gaffan
    Seconded ByDeputy Mayor Gord Queen

    That Council receive Kingsville B.I.A. Meeting Minutes dated December 11, 2018


    CARRIED
  • 129-2019
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Thomas Neufeld

    That Council receive information items 1-8.


    CARRIED
  • 130-2019
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Laura Lucier

    BE IT RESOLVED THAT the Council of the Corporation of the Town of Kingsville received the resolution and correspondence from the Township of Mattice-Val Cote regarding Council Members' Declaration of Office; 

    AND THAT Council endorses and supports the replacement of paragraph four of the Declaration of Office with the following wording: "I will be faithful and bear true allegiance to my country, Canada, and to its three founding nations", 

    AND THAT a copy of this resolution be forwarded to the Ministry of Municipal Affairs and Housing, to the Premier of Ontario, and to our provincial and federal parliament representatives and to all Ontario municipalities.


    CARRIED

    Councillor DeYong indicated that she intends to bring a Motion at the next Regular Meeting of Council regarding the Voters' List.

     


P.

  • 131-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council reads By-law 95-2018, being a By-law to amend By-law No. 1-2014 the Comprehensive Zoning By-law a first, second and third and final time.


    CARRIED
  • 132-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council reads By-law 96-2018, being a By-law to amend By-law No. 1-2014 the Comprehensive Zoning By-law a first, second and third and final time.


    CARRIED
  • 133-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council reads By-law 120-2018, being a by-law to establish rules and regulations to be used in connection with all cemeteries owned and operated by The Corporation of the Town of Kingsville a third and final time.


    CARRIED
  • 134-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council reads By-law 7-2019, being a By-law authorizing the entering into of a Licence Agreement with the Sun Parlour Folk Music Society a first, second and third and final time.


    CARRIED
  • 135-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Kimberly DeYong

    That Council reads By-law 9-2019, being a By-law authorizing the entering into of an agreement with Windsor/Essex County Humane Society a first, second and third and final time.


    CARRIED
  • 136-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council reads By-law 12-2019, being a By-law to exempt certain lands from Part Lot Control (York Subdivision, Phase 4A - 12M 587 and Phase 4B - Plan 12M 619) a first, second and third and final time.


    CARRIED
  • 137-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council reads By-law 16-2019, being a By-law authorizing the entering into of an Agreement with Pro-Bid Contractors Limited respecting 3rd Concession-Clifford Drain Improvements (N. J. Peralta Engineering Ltd. Project No.: D-17-030) a first, second and third and final time.


    CARRIED
  • 138-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council reads By-law 18-2019, being a By-law respecting remuneration and expenses for Members and Council and Local Boards a first, second and third and final time.


    CARRIED
  • 139-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council reads By-law 19-2019, being a by-law to assume Bruner Court as a public highway in the Town of Kingsville a first, second and third and final time.


    CARRIED
  • 140-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Kimberly DeYong

    That Council reads By-law 20-2019, being a By-law to amend By-law No. 2-2019 appointing certain members of Council and individuals to boards and committees a first, second and third, and final time.


    CARRIED
  • 141-2019
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Larry Patterson

    That pursuant to section 239 of the Municipal Act, 2001, Council, at 10:05 p.m. enter into Closed Session to discuss the following items: 

    1. Section 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, being LPAT Case No. PL180865.
    2. Section 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; being an application for expropriation of a portion of waterfront lands for park purposes.

    CARRIED

1.
Section 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, being LPAT Case No. PL180865
 

2.
Section 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; being an application for expropriation of a portion of waterfront lands for park purposes.
 

Upon rising from Closed Session at 10:39 p.m., Mayor Santos reported that information was provided to Council with respect to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, being LPAT Case No. PL180865 and an application for expropriation of a portion of waterfront lands for park purposes.  

Mayor Santos indicated that in both cases, Council has requested additional information from Administration to be brought to a future meeting.

  • 142-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Kimberly DeYong

    That Council reads By-law 21-2019, being a By-law to confirm the proceedings of the Council for The Corporation of the Town of Kingsville at its February 11, 2019 Regular Meeting of Council a first, second and third and final time.


    CARRIED
  • 143-2019
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Tony Gaffan

    That Council adjourns this Regular Meeting at 10:40 p.m.


    CARRIED
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