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
  • Councillor Tony Gaffan
  • Councillor Thomas Neufeld
  • Councillor Susanne Coghill
  • Councillor Larry Patterson
  • Deputy Mayor Gord Queen
Members of Administration
  • P. Van Mierlo-West, CAO
  • R. Brown, Manager of Planning & Development Services
  • K. Galinac, Planner
  • S. Kitchen, Deputy Clerk-Council Services
  • S. Zwiers, Director of Financial Services
  • S. Martinho, Public Works Manager
  • K. Girard, Municipal Services Manager

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.

  • Recommended Action

R. Brown, Manager of Planning and Development Services

Zoning By-law Amendment ZBA/09/17-2126157 Ontario Ltd. Part of Block A Plan 424, Part 1 RP 12R-23854 V/L southeast corner of the intersection of Main St. East and Wigle Avenue, Roll No. 3711-240-000-00711

i) Report of R. Brown, dated April 21, 2017

ii) Site Plan Agreement (SPA/04/17)

iii) Proposed By-law 57-2017, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville

Mr. Brown presented his Report regarding the requested Site Plan Approval and removal of the H-Holding symbol from lands located in the southeast corner of the intersection of Main St. West and Wigle Ave. The development of the site consists of the construction of a single storey commercial structure. The centre two bay areas will accommodate the lube shop while the south bay will be for the automatic car wash. The front portion of the building along Main St. West will be the proposed Laundromat area.

Comments from members of Council:

Councillor Neufeld asked whether the site plan can be revised to show the exit from the car wash through the existing parking lot rather than the cut access that is proposed. Mr. Brown explained it would make an awkward turn.The car wash exit has been designed to provide more travel time on the pavement and roadway to allow the vehicles to dry.

Councillor Gaffan asked if there is enough space to turn left onto Wigle from that exit, stating that is a concern of a number of residents in the neighbourhood. He also inquired as to the building design. Mr. Brown stated the building elevations are provided on the last page of Appendix A to the Planning Report, and that Municipal Services was consulted in regard to traffic flow impacts and design.

Comments from the applicant's agent:

Jim George, Agent for the Applicant, indicated he has been involved in the car wash business for many years and introduced Jeff Boughazale (who was also in attendance in the audience). He stated that he has several car wash facilities and has a great deal of experience with these types of operations and would answer questions posed by Council with respect to this proposed operation. Councillor Neufeld asked is there a problem for the cash wash exit going through the existing IDA exit. Mr. George responded that the logistics of the operation exiting through private property would be problematic.

Public Comments:

Tony Taylor, 259 Main St. East indicated that he and his wife live at the opposite corner of the proposed facility and that their main concern is traffic. He stated that traffic backs up at the traffic light and asked "if a truck needs room will there be a stack up of cars to get out?"

He also stated that he had concerns regarding the potential of vehicle lights shining into their home but he sees that the site plan shows that those lights will not shine into his home, and will shine only into the garage area. He then asked how the noise from the blowers will be dealt with and whether the dryers will be operating when the doors are open, or whether the noise will be contained within closed doors.

Mr. George indicated that the blowers are completely encased within the building with sound attenuation devices. He is aware that there are sound requirements and the manufacturer will have to comply with the same. His responsibility is to maintain the minimum noise level. The doors will be open when drying.

Mrs. Taylor, 259 Main St. East, asked if there could be a requirement that vehicles exiting onto Wigle would have to make a right turn only and not be permitted to turn South on Wigle, She asked why the facility must be located close to a residential area. Mr. Brown explained the Zoning permits such a use. He also indicated that he would review and consider the question regarding a turning restriction and would look into that.

Mr. George explained that the building masks and buffers the vehicular activity, excepting the exit. He noted that the exit is located as far as possible away from the intersection.

Councillor Gaffan stated that any landscaping (bushes) should not block view at exit.

Mr. Taylor asked what the hours of operation may be and Mr. George responded that this is a site plan review discussion at this time.

There were no other questions from anyone in attendance in the audience.

  • Recommended Action
    350-2017
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Thomas Neufeld

    Council approve zoning amendment application ZBA/09/17 to rezone the subject property from 'General Commercial-Holding (C4(h))' to 'General Commercial. (C4)' removing the (H) Holding Symbol and adopt the implementing by-law. 


    CARRIED
  • Recommended Action
    351-2017
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Thomas Neufeld

    Council approve site plan application SPA/04/17, subject to the conditions outlined in the site plan agreement, for the construction of a 24.68 m x 18.28 m (81 ft x 60 ft) 415.28 sq. m (4,470 sq. ft.) single storey commercial structure and associated facilities and authorize the Mayor and Clerk to sign the sign plan agreement and register said agreement on title.


    CARRIED
Deputy Mayor Queen added one Announcement and one Notice of Motion
Councillor Neufeld added one Notice of Motion
Councillor Gaffan added one Unfinished Business item.

Town of Kingsville Accounts for the monthly period ended April 30, 2017, being TD cheque numbers 0061794 to 0062027 for a grand total of $1,266,273.87

  • Recommended Action
    352-2017
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Susanne Coghill

    Council approve Town of Kingsville Accounts for the monthly period ended April 30, 2017 being TD cheque numbers 0061794 to 0062027 for a grand total of $1,266,273.87


    CARRIED
  • Recommended Action
    364-2017
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Susanne Coghill

    Council waive pavilion rental fee by fifty per cent (50%) for the Kingsville District High School 20 year reunion event with appropriate insurance coverage in accordance with parks and recreation facility rental agreement.


    CARRIED

Liz Daniel, Community Engagement Coordinator, and Kandy Flood, Kingsville Community Centre Director RE: Windsor-Essex Compassion Care Community (WECC) neighbourhood exchange initiative (Local host: Kingsville Community Centre)

Ms. Daniel and Ms. Flood presented the details of the pilot project which provides a way to build strong neighbourhoods where people feel connected, supported and valued. Council was invited to the WECC public launch to be held on June 30, 2017 at 7:00 p.m. The rolling launch also involves Windsor, Tecumseh, Leamington, and Lakeshore. If successful this initiative may potentially go Canada-wide. Brochures were distributed.

  • Recommended Action
    349-2017
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Susanne Coghill

    Council receive Windsor-Essex Compassion Care Community (WECCC) presentation of Liz Daniel, Community Engagement Coordinator and Kandy Flood, Kingsville Community Centre Director, dated May 8, 2017.


    CARRIED

I.
STAFF REPORTS

Director of Financial Services S. Zwiers presented the Report of IT Manager T. Iacobelli.

  • Recommended Action
    353-2017
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Susanne Coghill

    Council approve Administration award eSolutions Group of Waterloo, Ontario to replace the current Town of Kingsville website at a cost of $28,045.00 plus applicable taxes


    CARRIED

Director of Financial Services S. Zwiers presented the Report of IT Manager T. Iacobelli.

  • Recommended Action
    354-2017
    Moved ByCouncillor Tony Gaffan
    Seconded ByDeputy Mayor Gord Queen

    That Council approves the request to update and migrate MyKingsville website using template provided by eSolutions Group; and

    That Council approves the transfer from IT reserve in the amount of $4,300.00 to offset the cost of the MyKingsville.ca migration.

     


    CARRIED

K. Brcic, Town Planner

  • Recommended Action
    355-2017
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Tony Gaffan

    Council enact Part Lot Control Exemption By-law 56-2017 to allow Lots 74-79 on Plan 12M-552 to be exempt from Section 50(5) of the Planning Act, and that Council authorize and direct Development Services to register the by-law on title.


    CARRIED

R. Brown, Manager of Planning and Development Services

  • Recommended Action
    356-2017
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Susanne Coghill

    Council approves the proposed minor development agreement to permit a second single detached dwelling at 4191 Graham Side Road, temporarily during the construction of a new dwelling on the property, and authorize the Mayor and Clerk to sign the minor development agreement.


    CARRIED

R. Brown, Manager of Planning and Development Services

Mr. Brown reviewed and discussed the key points of the County of Essex Agricultural Lot Size Study with Kingsville Council, indicating that the purpose of this report is to gather feedback from Kingsville Council for review and consideration by the Steering Committee.

Mayor Santos questioned the potential of severances for dual purpose parcels. Deputy Mayor Queen commented that he is encouraged to hear flexibility of the Manager of Planning and Development Services this evening and that the Manager is willing to look at situations on a case-by-case basis. Mayor Santos also stated that it is not the intention to give the impression that severance is encouraged but recognizing the need to provide for flexibility in some circumstances. Mr. Brown will convey Council comments and input to the County's Agricultural Lot Size Study Steering Committee for report back to Essex County Council.

  • Recommended Action
    357-2017
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    Council receive Report of R. Brown, Manager of Planning and Development Services, dated April 20, 2017 outlining the rationale for support of a 40 ha (100 ac.) new farm parcel lot size minimum; and direct Mr. Brown to provide comments to share with the County of Essex Agricultural Lot Size Study Steering Committee for report back to Essex County Council.


    CARRIED

    Mayor Santos called for a recess at 8:44 p.m. and this Regular Meeting reconvened at 8:51 p.m.

​K. Girard, Manager of Municipal Services

  • Recommended Action
    358-2017
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Tony Gaffan

    That Council receives the letter of recommendation from Dillon Consulting and authorizes the award of Contract Number MS17-102-01 for the rehabilitation of Bridge #28 over the Wigle Creek to Intrepid General Limited in the amount of $492,122.40 (not including HST)  Also, that Council approves Municipal Services to enter into an agreement for the contract administration and site inspection with Dillon Consulting in the amount of $47,400 (not including HST).


    CARRIED

K. Girard, Manager of Municipal Services

  • Recommended Action
    359-2017
    Moved ByCouncillor Larry Patterson
    Seconded ByDeputy Mayor Gord Queen

    Council allow a question from the audience in connection with the proposed assessment schedule.


    CARRIED

    Mayor Santos recognized Ms. Mary Brennan, one of the petitioners listed in the Petition for Water Works.

    Ms. M. Brennan indicated that as initiator of the petition and before the start of the petition, one of the questions asked was how the vacant farmland would be dealt with, in that typically it is not charged at the same rate, but charged at a somewhat lesser rate.  

    Director of Financial Services S. Zwiers, who was also in attendance, explained that Council has approved a number of assessment schedules in the past and have identified vacant properties at an initial billing of 50 per cent of the capital cost, recognizing that at the time of billing the property does not have full use of the new service. The balance (remaining 50 per cent) is collected at the time the property owner applies for a permit to develop the vacant lands. In effect a vacant property is charged the same as all other benefiting properties; it is just the timing of collection that changes. The Town carries the 50 per cent uncollected portion as a receivable until the property is developed and the collection of the remaining balance offsets the receivable at that future point in time.  

  • Recommended Action
    360-2017
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Susanne Coghill

    Council receive the Engineer's Report from R. C. Spencer and Associates dated April 28, 2017 for the proposed water main on Road 11 East and direct Administration to present the Report and proposed assessment schedule to the petitioning residents.


    CARRIED

K. Girard, Manager of Municipal Services

  • Recommended Action
    361-2017
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council authorizes the installation of sidewalks on Grandview Avenue but not by cutting through existing driveways.


    CARRIED

K. Girard, Municipal Services Manager, presented the report of Director Plancke.

  • Recommended Action
    362-2017
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council approve the entering into of a Professional Services Agreement with Stantec Consulting Ltd. For the Park Street reconstruction project, as specified under the terms and conditions therein, and authorize the Mayor and Clerk to execute said Agreement.


    CARRIED

Deputy Clerk-Council Services S. Kitchen presented Director Astrologo's report.

  • Recommended Action
    363-2017
    Moved ByCouncillor Susanne Coghill
    Seconded ByCouncillor Larry Patterson

    That Council approves the five (5) year Agreement between the Town and the Farmers’ Market, which would be in effect for the 2017 through to the 2021 market season, and authorize the Mayor and Clerk to execute the Agreement on behalf of the Town.


    CARRIED

J.
BUSINESS/CORRESPONDENCE-ACTION REQUIRED

  • Recommended Action
    365-2017
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Thomas Neufeld

    Council sponsor a hole in the amount of $50.00 for the annual Curling Club of Kingsville golf tournament to be held on June 3, 2017.


    CARRIED
  • Recommended Action
    366-2017
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Thomas Neufeld

    Council authorize request of Jennifer Fraser on behalf of the WonderBroad Dragon Boat Team Fundraising Committee to reduce Lakeside Pavilion rental fee to $350.00 for the fundraising event to be held on October 28, 2017.


    CARRIED
  • Recommended Action
    367-2017
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Larry Patterson

    That Council receive the 2016 Windsor/Essex Provincial Offences (POA) Report and the 2016 Audited Financial Statements for the Windsor/Essex POA program.


    CARRIED

  • Recommended Action
    368-2017
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Thomas Neufeld

    Council adopt Regular Meeting of Council Minutes dated April 24, 2017


    CARRIED

  • Recommended Action
    370-2017
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    Council receive Court of Revision Minutes, dated April 24, 2017.


    CARRIED
  • Recommended Action
    371-2017
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Larry Patterson

    Council receive Business Correspondence Information Items 1 through 7 as presented.


    CARRIED

    Business Correspondence-Informational item #7 was brought forward, being Town of LaSalle correspondence dated April 13, 2017 RE: Funding for the Great Lakes and the following support motion was passed:

     

  • Recommended Action
    372-2017
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Tony Gaffan

    Council support Town of Lasalle Resolution CR 142/17 requesting the Minister of Fisheries and Oceans Canada, Ontario Minister of Environment and Climate Change and the Mayors of Great Lakes and St. Lawrence Cities Initiative to lobby U.S. State representatives to overturn the decision by the U.S. federal government to drastically reduce spending on the health of the Great Lakes.


    CARRIED

Deputy Mayor Queen indicated that he may move, or cause to have moved, at the next Regular Meeting that Administration direct that the speed hump on Grandview just north of Lakeview be removed.

Councillor Neufeld indicated he may move, or cause to have moved, at the next Regular Meeting that:

i) Administration be directed to ask that Gary Bain, being the Town's appointed representative to E.L.K. Energy Inc. Board of Directors, provide an annual update to Council as the Kingsville with E.L.K. in attendance.

ii) that Council move into Closed Session to address a personal matter about an identifiable individual.

Deputy Mayor Queen reminded Council that May 23-28 is the Communities in Bloom week in the Town of Kingsville. The flag raising event is at noon on Tuesday, May 23 at the Town Hall and there is also a Pollinator's Workshop to be led by Karen Batke from the Kingsville Horticultural Society at the Kingsville Arena.

Councillor Gaffan requested an update from Administration regarding municipal street signs (how many street signs are finished, how many are left, and an approximate idea as to when the rest of the street signs will be finished).

  • Recommended Action
    373-2017
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    Council read By-law 28-2017, being a by-law to provide for the construction of a bridge over the 2nd Concession Branch of the Esseltine Drain; Owner: Mucci Farms Ltd. (290-38700) in the Town of Kingsville, in the County of Essex a third and final time.


    CARRIED
  • Recommended Action
    379-2017
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Susanne Coghill

    Council adjourn this Regular Meeting at 9:48 p.m.


    CARRIED

P.
BYLAWS

  • Recommended Action
    374-2017
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Susanne Coghill

    Council read By-law 41-2017, being a By-law authorizing the entering into of an Agreement with the partnership known as Community Farmers' Market (for the use of a portion of the parkette south of 28 Division St. South, Kingsville for the purpose of operating a Farmers' Market) a first, second and third and final time.


    CARRIED
  • Recommended Action
    375-2017
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    Council read By-law 56-2017, being a By-law to exempt certain lands from Part Lot Control (Millbrook Subdivision, Stage II, Phase 1 - Plan 12M-552) a first, second and third and final time.


    CARRIED
  • Recommended Action
    376-2017
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Susanne Coghill

    Council read By-law 57-2017, being a by-law to amend By-law 1-2014, the Comprehensive By-law for the Town of Kingsville (ZBA/09/17) a first, second and third and final time.


    CARRIED
  • Recommended Action
    377-2017
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    Council read By-law 59-2017, being a By-law authorizing the entering into of a Professional Services Agreement with Stantec Consulting Ltd. for the Park Street Reconstruction Project (Stantec File: 165681083-001), a first, second and third and final time.


    CARRIED
  • Recommended Action
    378-2017
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    Council read By-law 60-2017, being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its May 8, 2017 Regular Meeting a first, second and third and final time.


    CARRIED

K.
MINUTES OF THE PREVIOUS MEETINGS

  • Recommended Action
    369-2017
    Moved ByCouncillor Larry Patterson
    Seconded ByDeputy Mayor Gord Queen

    Council adopt Special Meeting of Council Minutes, dated April 29, 2017


    CARRIED
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