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 Kimberly DeYong
  • Councillor Tony Gaffan
  • Councillor Laura Lucier
  • Councillor Thomas Neufeld
  • Councillor Larry Patterson

Mayor Santos called the Regular Meeting to order at 6:02 p.m. All members were present and participated in the meeting electronically from remote locations.

Mayor Santos read the following Land Ackowledgement 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.

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

Councillor Neufeld added one Unfinished Business item.

Councillor Patterson added an Announcement.

There were no disclosures 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.

Mayor Santos reported that Council met in closed session on January 24, 2022 at 7:16 pm to discuss 1 item as provided for under Section 239(2) of the Municipal Act.  Item (i) was heard under section 239(2)(f) of the Act, as a result of this discussion, Council passed the following motion on January 26, 2022 during budget deliberations:

117-2022 Moved by K. DeYong, seconded by T. Gaffan That Council defers the grant application until such time as the Migration Community Hall Board of Directors can demonstrate to the satisfaction of the CAO, Treasurer, and Town Solicitor, that they have adequately addressed governance, insurance/liability, and debt/financial concerns, and have provided a detailed plan for the use of the grant funds requested.

Council will also consider By-law 11-2022 being a by-law to amend By-law 2-2019 under section R.3 this evening.

None.

i) Notice of Consideration of Amendments to Fees and Charges By-law, Building Services By-law and Water and Sewage Rate By-law, dated February 18, 2022;

ii) Report dated February 14, 2022;

iii) Draft By-law 3-2022, being a By-law to impose fees and charges by The Corporation of the Town of Kingsville.

The Manager of Financial Services presented an overview of the Report.

  • 131-02142022
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That the $50.00 fee for church assembly inspections be removed from the proposed fees and charges by-law.



    CARRIED
  • 132-02142022
    Moved ByCouncillor Kimberly DeYong
    Seconded ByDeputy Mayor Gord Queen

    That the fee for the Signing of Document as a Notary Public remain at $50.00 up to three documents.



    CARRIED
  • 133-02142022
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Thomas Neufeld

    That the Greenhill Cemetery fee for Infant grave (standard 12" x 24") be $750.00, being $600.00 for internment rights plus $150.00 for care and maintenance.



    CARRIED
  • 134-02142022
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That By-law 3-2022, being a by-law to impose fees and charges, as amended, be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same. 



    CARRIED
  • 135-02142022
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council receives Schedule D (Reduced or No Fee) and directs staff to solicit feedback for possible implementation in the 2023 fees and charges bylaw.



    CARRIED

i) Report dated January 21, 2022;

ii) Draft By-law 5-2022, being a by-law to impose a Water Rate and Sewage Rates.

The Manager of Financial Services presented an overview of the Report.

  • 136-02142022
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Tony Gaffan
    1. That By-Law 5–2022, being a by-law to impose a water rate and sewage rates in the Town of Kingsville be taken as having been read three times and finally passed and the Mayor and Clerk be authorized to sign same.


    CARRIED

Deputy Mayor Queen asked for the removal of Consent Agenda Item I-20.

  • 137-02142022
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Tony Gaffan

    That Consent Agenda items I.1-19 and Consent Agenda item I.21 BE ADOPTED.



    CARRIED

    Item I.20, Town of Aurora, Request for Support for Government of Ontario to dissolve the Ontario Land Tribunal

    The Town Clerk read the sample Resolution for Government of Ontario to dissolve the Ontario Land Tribunal (OLT).

    The following motion was then passed:


  • 138-02142022
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Kimberly DeYong

    Whereas Municipalities across this province collectively spend millions of dollars of taxpayer money and municipal resources developing Official Plans that meet current Provincial Planning Policy; and

    Whereas an Official Plan is developed through months of public consultation to ensure that future planning and development will meet the specific needs of our community; and

    Whereas our Official Plan includes provisions that encourage development of the “missing middle” or “gentle density” to meet the need for attainable housing in our community; and

    Whereas our Official Plan is ultimately approved by the province; and

    Whereas it is within the legislative purview of Municipal Council to approve Official Plan amendments or Zoning By-law changes that better the community or fit within the vision of The Corporation of the Town of Kingsville's Official Plan; and

    Whereas it is also within the legislative purview of Municipal Council to deny Official Plan amendments or Zoning By-law changes that do not better the community or do not fit within the vision of the The Corporation of the Town of Kingsville's Official Plan; and

    Whereas municipal planning decisions may be appealed to the Ontario Land Tribunal (OLT; formerly the Ontario Municipal Board or “OMB”), an unelected, appointed body that is not accountable to the residents of The Corporation of the Town of Kingsville; and

    Whereas the OLT has the authority to make a final decision on planning matters based on a “best planning outcome” and not whether the proposed development is in compliance with municipal Official Plans; and

    Whereas all decisions—save planning decisions—made by Municipal Council are only subject to appeal by judicial review and such appeals are limited to questions of law and or process; and

    Whereas Ontario is the only province in Canada that empowers a separate adjudicative tribunal to review and overrule local decisions applying provincially approved plans; and

    Whereas towns and cities across this Province are repeatedly forced to spend millions of dollars defending Official Plans that have already been approved by the province in expensive, time consuming and ultimately futile OLT hearings; and

    Whereas lengthy, costly OLT hearings add years to the development approval process and act as a barrier to the development of attainable housing.

    Now Therefore Be It Hereby Resolved That The Corporation of the Town of Kingsville requests the Government of Ontario to dissolve the OLT immediately thereby eliminating one of the most significant sources of red tape delaying the development of more attainable housing in Ontario; and

    Be It Further Resolved That a copy of this Motion be sent to the Honourable Doug Ford, Premier of Ontario, the Minister of Municipal Affairs and Housing, the Leader of the Opposition, the Leaders of the Liberal and Green Party, all MPPs in the Province of Ontario; the Large Urban Mayors’ Caucus of Ontario, the Small Urban GTHA Mayors and Regional Chairs of Ontario; and

    Be It Further Resolved That a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration.



    CARRIED

The Manager of Planning Services presented an overview of the Report.

  • 139-02142022
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Thomas Neufeld
    1. That the amended blueline revision (corrected text detail) to the Remark Draft Plan of Subdivision (now Branco Estates) County of Essex File # 37-T-13001 for a total of 51 lots for a mix of single detached and semi-detached dwellings (75 residential units total) BE APPROVED as shown on the attached revised plan (Appendix D).


    CARRIED

The Director of Financial and IT Services presented an overview of the report.

  • 140-02142022
    Moved ByCouncillor Laura Lucier
    Seconded ByDeputy Mayor Gord Queen
    1. That By-law 14-2022, being a by-law to authorize the execution of a Transfer Payment Agreement between Her Majesty the Queen in Right of Ontario as represented by the Minister of Municipal Affairs and Housing (the “Province”) and The Corporation of the Town of Kingsville, under the Municipal Modernization Program be taken as having been read three times and finally passed and the Mayor and Clerk be authorized to sign same.


    CARRIED

No reports at this time.

No reports at this time.

The Town Clerk provided an overview of the report.

  • 141-02142022
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Thomas Neufeld
    1. That Owners, Operators and Assistants of Refreshment Vehicles participating in special events in the Town of Kingsville BE EXEMPT from By-law 90-2004.


    CARRIED

The Town Clerk provided an overview of the report.

  • 142-02142022
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld
    1. That Council reconsider motion 451-2021.


    CARRIED
  • 143-02142022
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    1. That Motion 451-2021 be amended by adding the words "with the exception of Committee of the Whole"; and,

    2. That Council pass the amended motion 451-2021: That Council approves and directs that Committees, with the exception of Committee of the Whole, shall not direct staff but may make recommendations to Council requesting staff support. It is then up to Council to direct staff through the CAO. Where a committee requires regular annual staff support, such as for special events, the committee shall make its request to Council for the allocation of staffing resources; and,

    3. That the Committee of the Whole Terms of Reference BE ADOPTED, as amended.



    CARRIED

No reports at this time.

  • 144-02142022
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Kimberly DeYong

    WHEREAS the Town approved the Terms of Reference for the Main Street Development Committee on April 27, 2020;

    AND WHEREAS the above-noted Committee which included a great cross-section of the Community worked from August 25, 2020 to midyear 2021 to prepare a detailed report and recommendations for Council;

    AND WHEREAS moving forward the Senior Management Staff indicated that further input was required from an external qualified firm to move forward with some of the recommendations; 

    AND WHEREAS the same Kingsville Council did approve on January 19, 2022 a budget of $100,000.00 for such a study that was said to take several months to complete; 

    AND WHEREAS it is not expected that the study which recently received budget approval will be completed till late 2022.

    NOW THEREFORE BE IT RESOLVED that:

    Council directs staff to start preparations to plan and proceed with such steps and public notice as may be required by law, for and with the extension of our Interim Control By-law for one additional year to permit the completion of the full external report and final recommendations that were generated in part by the yearlong work of the Main Street Committee.


    ForAgainstAbstain
    Mayor Nelson SantosX
    Councillor Tony GaffanX
    Deputy Mayor Gord QueenX
    Councillor Thomas NeufeldX
    Councillor Larry PattersonX
    Councillor Kimberly DeYongX
    Councillor Laura LucierX
    Results430


    CARRIED (4 to 3)
  • 145-02142022
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Tony Gaffan

    That administration review the Kingsville Community Grant Fund Policy and Fees By-law Schedule D (Reduced or No Fee) to streamline the town policy with respect to groups using our facilities and further to streamline regularly occurring grant applicants with already existing budget line items (i.e. Horticultural Society); And Further to consider the feasibility of applicants offering programming to be included in the Parks and Recreation programming budget (i.e. Cedar Island Yacht Club, Arts Society of Kingsville, Kingsville Essex Associated Band) and That a Report with recommendations be brought to this Council for consideration prior to the 2024 grant application deadline.



    CARRIED

1. Councillor Neufeld reminded Council of Motion 322-2020 wherein Council requested a controlled intersection at County Road 20 and County Road 23. He commented that in 2021 a response was received from the County of Essex indicating that a controlled intersection is not warranted, however, Councillor Neufeld feels a controlled intersection is warranted at that location.

Councillor Neufeld then passed the following motion:

  • 146-02142022
    Moved ByCouncillor Thomas Neufeld
    Seconded ByDeputy Mayor Gord Queen

    That Council directs the Mayor and Deputy Mayor, being voting members of Essex County Council, to request a controlled intersection at County Road 20 and County Road 23 as a top priority for the County of Essex.



    CARRIED

    Councillor Patterson recognized the Kingsville Fire Department for assisting Leamington Fire in a Lake Erie rescue on February 13 after two snowmobilers fell through the ice.

    Councillor Patterson thanked all of the Town's employees involved for the excellent snow removal efforts after the recent snowstorm event.

    Councillor Patterson recognized the Kingsville Optimist Club's final donation of $2,000 for the splash pad at Lakeside Park.

     


R.

Being a By-law to Regulate Permits Issued Under the Building Code Act, and to Establish a Code of Conduct for the Chief Building Official and inspectors

Being a By-law to appoint members to the Committee of Adjustment and Appeals 

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

Being a By-law to close up and dispose of a certain road allowance as surplus to the needs of the Town of Kingsville

Being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its February 14, 2022 Regular Meeting.

  • 147-02142022
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That By-laws 4-2022, 8-2022, 11-2022, 16-2022 and 17-2022 be read three times and finally passed and that the Mayor and Clerk be authorized to sign the same. 



    CARRIED
  • 148-02142022
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Larry Patterson

    That Council adjourns this Regular Meeting at 8:14 p.m. 



    CARRIED
No Item Selected