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 Susanne Coghill
  • Councillor Tony Gaffan
  • Councillor Thomas Neufeld
  • Councillor Larry Patterson
Members of Administration
  • J. Astrologo, Director of Corporate Services
  • K. Galinac, Planner
  • S. Kitchen, Deputy Clerk-Council Services
  • A. Plancke, Director of Municipal Services
  • P. Van Mierlo-West, CAO
  • R. Baines, Deputy Clerk - Administrative Services

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.

R. Baines, Deputy Clerk-Administrative Services

i) Notice of Consideration of Amendments to Licensing, Regulating and Registration of Dogs By-law dated October 9, 2018;

ii) Report dated November 26, 2018;

iii) Proposed By-law 122-2018, being a by-law to amend By-law 103-2003, as amended, being a By-law to provide for the licensing, regulating and registration of dogs by-law within the Town of Kingsville

Comments from the audience:

Mary Ann Malott, 67 McDonald St., commented that she is aware of many complaints in connection with dog tethering, and that some people might not know who to contact. She is in support of the proposed By-law.

Linda Beck, 3184 Division Road North, commented that she is also in support and felt that all residents in the community should help by reporting instances of dogs being tethered outside for extended periods of time.

Melanie Coulter, Executive Director, Windsor Essex Humane Society informed that the Society receives many reports of tethered dogs. The concern with the current by-law is that enforcement is very difficult and the reduction of the limit to 4 hours will assist with that issue. She explained that when there is a chronic situation, residents will be educated in the matter respecting compliance.  Dogs who are tethered for extended periods of time are not getting the social interaction they need and it poses a safety hazard to the dog as well.

There were no further comments from anyone in attendance in the audience.

  • 626-2018
    Moved ByCouncillor Susanne Coghill
    Seconded ByCouncillor Larry Patterson

    That Council receives Report of R. Baines, Deputy Clerk-Administrative Services, dated November 26, 2018; and that By-law 122-2018 amending the Licensing, Regulating and Registration of Dogs By-law 103-2003, as amended, be adopted at this Regular Meeting.


    CARRIED

R. Brown, Manager of Planning Services

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment, dated November 6, 2018;

ii) Report dated November 16, 2018;

iii) Proposed By-law 123-2018, being a by-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

Comments from the applicant.

Karl Tanner, Dillon Consulting, on behalf of Mr. Capussi, commented that the applicant will be coming back for site plan approval. He stated that the traffic study shows traffic will function appropriately. The tenant who will be opening up a medical practice in the building is a family member of the Applicant.

As a response to concerns as to how construction dust and noise will impact the neighbourhood, Mr. Brown stated that the Town can request through the site plan process a construction plan to show where construction vehicles will be placed during construction.

Comments from the audience:

John Smith, 23 Cherry Lane stated that he has been coming to meetings regularly and the proposal is 100% better than it was a year ago. He asked if he would be able to provide landscaping input when that is being discussed. Mr. Smith was asked to provide written comments addressed to the Manager of Planning Services in this regard with a view to a possible site meeting with the nearby residents.

Doug Duff, 71 Robin Court asked if the architectural aspect of the design could be improved, and also expressed traffic concerns. He stated that the Town has a road problem and needs better traffic flow. He also expressed concerns regarding the dust and mud local construction projects cause seasonally. 

Margie Anson, 69 Augustine Dr. stated she does not think the type of density proposed blends in with the existing neighbourhood. She also asked if there were any conservation concerns. Mr. Brown confirmed that there are no significant species at risk and no significant features to be preserved.

Katherine Gunning, 4 Elwood, Cottam, expressed concern if the front yard setbacks on Main St. were reduced from the current regulated setbacks.  Mr. Brown explained that a road widening will be necessary, which will push the building back an additional six feet. Ms. Gunning stated that because it is not known what will be developed on the other side of the building, she hopes the current setbacks 'on the books' will remain.

Lindsey Ecker, 55 Golfview Drive, asked if the environmental study would be available for review, and it was confirmed that study is available with the public record.

Joanne Rivard, 222 Sandybrook Way, inquired about fire truck access.

  • 627-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council approves Zoning Amendment application ZBA/25/18 to rezone a portion of the lands (Phase One) located at 140 Main St E. from Residential Zone 1 Urban – holding ‘R1.1(h)’ to a site-specific Residential Zone 4 Urban Exception 5 ‘R4.1-5’ to permit:

    Mixed Use Commercial/Residential building which may include: a medical office/clinic and accessory pharmacy; neighbourhood commercial uses excluding a convenience store or commercial plaza;

    Permit a reduced easterly side yard setback of 2.8 m (9 ft.);

    Permit a total height of 11.5 m or three storeys whichever is less;

    Limit the ground floor commercial space to 705 sq. m (7,588 sq. ft.) and;

    Permit a partial fourth storey amenity space limited to 50% of the ground floor area; and

    adopt the implementing by-law.


    CARRIED

K. Brcic, Town Planner

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment, dated November 6, 2018;

ii) Report dated November 19, 2018;

iii) Powerpoint presentation by Applicant; and

iv) Proposed By-law 125-2018, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

The Applicant, Heather Scott, and her daughter Jordan, were in attendance. Leigh Ann Mastronardi, a local yoga practitioner, was also in attendance.

Comments from the Applicant:

Jordan Scott presented the Powerpoint presentation entitled "Estate of Health Holistic Day Spa and Yoga Studio" and described the proposal in terms of services to be offered (holistic treatments, yoga classes, seminars and workshops, retreats, and gift shop). Ms. Leigh Ann Mastronardi stated that she is seeing a very large need in the community for this type of centre; that the size of her existing location cannot accommodate the number of students requesting classes.

Comments from the audience:

Solicitor Brian Chillman spoke in support of the Zoning By-law Amendment Application, having known the Scott family for many years.

Craig Farqueson, 116 Mill St. West stated that he likes the passive use, but is concerned about the increase in traffic flow and parking on the street.

Donna Carter, 91 Laurel St. stated that she thinks the idea is wonderful, but also expressed concerns regarding traffic and overflow parking on the street.

Lindsey Ecker, 55 Golfview, stated that she is in strong support of the application and indicated that having recently hosted a local Holistic Health and Wellness Expo event she is aware that numerous people in a very wide age range are continuing to express interest in this type of preventative health care. 

Sarah Ann Shields, 97 Erie St. stated that she is new to Town, is a local wellness practitioner and is in support of the application. She stated that the proposal would create a cultural experience for residents and visitors, with a focus on wellness.

Mr. John Kolbrich, 74 Laurel, stated he and his wife's only concern is the amount of traffic going right by the door of their home, stating that originally there was 100 feet between the driveway and the next residence, and now the driveway would be only 10 feet from their bedroom. He asked if the parking could be relocated to the Mill St. side. 

  • 628-2018
    Moved ByCouncillor Susanne Coghill
    Seconded ByDeputy Mayor Gord Queen

    That Council approves Zoning Amendment Application ZBA/20/18 to amend the current ‘Residential Zone 1 Urban Exception 20 (R1.1-20)’ zoning of the lands known as 101 Mill Street West, in the Town of Kingsville, to revise the permitted uses as follows:

    The existing uses as follows:

    Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1); An inn, an assembly hall, a banquet facility and a gift shop.

    or;

    The proposed use as follows:

    A holistic health centre and an accessory gift shop;

    and adopt the implementing by-law.


    CARRIED

    At 9:02 p.m. Mayor Santos called for a ten-minute recess and the Regular Meeting reconvened at 9:13 p.m.


Councillor Patterson added one Announcement and one item of unfinished business. Deputy Mayor Queen added one announcement and one Notice of Motion, and Mayor Santos added one announcement.

 

T. Del Greco, Manager of Municipal Services

  • 629-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council approves an amendment of the Kingsville Traffic By-Law (21-2005) to include the addition of “No Parking” signs on the south side of Hillview Crescent from Division Street North to the eastern property line of 55 Hillview Crescent.

     


    CARRIED

G. A. Plancke, Director of Municipal Services

  • 630-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council receive the information specific to the installation of “Special Needs” signage and further that Council direct administration to formalize a Special Needs Sign Installation Policy based in accordance with the following stipulations:

    • A physician’s statement identifying the extent of the disability;
    • Concurrence from the parents of their understanding that the sign will only remain in place for a predefined period (typically five (5) year increments), and will be removed when the child reaches a specified age (typically thirteen (13) years of age), or no reconfirmation from the parents requesting the sign that the requirement for the sign is still valid after the initial five (5) year installation period.

      (Age confirmation may include a sworn statement of the child’s date of birth);

    • Written acknowledgement from the parents of their understanding that the sign is no guarantee of their child’s safety and that they remain responsible for the monitoring of their child’s activities;
    • A commitment to notify the municipality in a timely manner of any positive changes in their child’s impairments (for example, cochlear implants, use of a hearing aids etc. for children with hearing impairments);
    • A commitment to notify the municipality in a timely manner of any relocation to another place of residence.

    CARRIED

    The Special Needs Sign Installation Policy will come back to Council at a future meeting for review and approval.


G. A. Plancke, Director of Municipal Services

  • 631-2018
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Thomas Neufeld

    That Council receive the information as presented, and to accept the donation of the Kingsville Range Light as donated by the Kingsville Historical Park Museum Board of Directors, provided that:

    The sum of $33,000 be included into the 2019 Capital budget for expenses related to the relocation, and permanent placement of, the “Kingsville Lighthouse”.


    CARRIED

G. A. Plancke, Director of Municipal Services

  • 632-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council receive the information provided, and that $24,000 be included within the 2019 Capital budget deliberations for the installation of two (2) Pedestrian Crossovers to be located at the intersection of Division St. S. and Pearl St. and 44 Main St. E. respectively; and,

    That Council direct administration to develop a Pedestrian Crossover Policy as a guidance document to govern supplemental requests for Pedestrian Crossovers for discussion a future date of Council.


    CARRIED

G. A. Plancke, Director of Municipal Services

  • 633-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Susanne Coghill

    That Council concurs with the request of the Developer’s Engineer and endorsed by the Director of Municipal Services for the Town to grant “Final Acceptance” of the roadway and infrastructure for the Royal Oak at the Creek Phase 8A subdivision.


    CARRIED

R. Brown, Manager of Planning Services

  • 634-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Susanne Coghill

    That Council waive notice requirement of procedural by-law and allow the applicant and members of the audience to speak to Staff Report Item G6, being Application for Site Plan Approval SPA/13/18 (2623991 Ontario Ltd., 609 Road 3 East).


    CARRIED

    Comments from the Applicant:

    Todd Statzer on behalf of the Applicant, explained that he is a consultant with a great deal of experience in horticultural growing and production practices. He provided information regarding the technology involved with respect to odour control; that this facility will be using technology that kills the odour and not just to "catch it".  The technology, utilizing hydrogen peroxide produced by the sun, kills funguses, mold and mildews. He indicated that before his current position as Director of Environmental Sciences with urban-gro, he was a plant and pesticide inspector for the State of Illinois in the Bureau of Medicinal Plants, and as a result has been on both sides of the issue.  He stated that most greenhouses are metal-walled where he is from, and explained that any air leaving the facility is treated.  

    Comments from the public:

    Doug Duff, 71 Robin Court, stated that he is a chemist and a chemical engineer and understood the technical explanation provided by Mr. Statzer. He stated that he is concerned that this location is only 7/8 of a mile from one of the applications that was denied previously, is not too far from the arena complex, and about one mile away from his neighbourhood.   His second concern is that if this application is approved the Town may be subject to a lawsuit for the applications that were denied previously. Finally, he stated that because the facility is metal, the taxes should be assessed at a higher rate.  

    Director Plancke explained the proposed waterline infrastructure.

    Joanne Rivard, 222 Sandybrook Way, asked if migrant workers are allowed to work on medical marihuana facilities. She also asked for clarification pertaining to the imposition of fines against the growers in the event of non-compliance.

    Alex Gruening, 749 Road 3 East stated that he has experienced the big trucks speeding up and down Road 3 East, and the street is taking a beating.  

    Doug Duff, 71 Robin Court stated that if this application is approved it will have to be monitored.

    Dave Lamarre of urban-gro, Inc. spoke in support of the agreement, indicating that that he has been in 60 to 70 indoor greenhouse grows and that this facility will set the standard for all facilities.  


  • 635-2018
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Tony Gaffan

    That:

    Council approve Phase One of the proposed greenhouse development for a medical marihuana production facility, subject to the conditions outlined in the site plan agreement, for a 5.78 ha (13.78 ac.) greenhouse with auxiliary warehouse and supporting facilities and authorize the Mayor and Clerk to sign the site plan agreement and register said agreement on title, and

    Council require a security deposit equal to 50% of the total cost of the odour control system, lighting control system and Road 3 E road improvements (Phase One only) to be deposit with the Town prior to release of any building permits.


    CARRIED

R. Brown, Manager of Planning Services

  • 636-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council receive the Report of R. Brown, Manager of Planning Services dated November 16, 2018 RE: Committee of Adjustment and Planning Advisory Committee Composition.


    Recorded (Voted)ForAgainst
    Mayor Nelson SantosX
    Deputy Mayor Gord QueenX
    Councillor Susanne CoghillX
    Councillor Tony GaffanX
    Councillor Thomas NeufeldX
    Councillor Larry PattersonX
    Results42

    CARRIED (4 to 2)
  • 637-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council move to continue this Regular Meeting past the hour of 11:00 p.m.


    Unanimous (Voted)ForAgainst
    Mayor Nelson SantosX
    Deputy Mayor Gord QueenX
    Councillor Susanne CoghillX
    Councillor Tony GaffanX
    Councillor Thomas NeufeldX
    Councillor Larry PattersonX
    Results60

    CARRIED (6 to 0)

J. Astrologo, Director of Corporate Services

  • 638-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council direct Administration to advertise the same list of Committees that operated in the Town of Kingsville as was sought in accordance with the Town's Appointment By-law 1-2015, and amendments thereto, save and except the Drainage Advisory Committee and The 55+ Advisory Committee, for a term of two (2) years.

     


    CARRIED

J. Astrologo, Director of Corporate Services

  • 639-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council receives Staff Report CS-22-2018, entitled, “Policy to Appoint an Alternate to Essex County Council” for information; and that Council direct Administration to proceed to appoint an Alternate in accordance with Option 1 of said Report, being a Call for Nominations.


    CARRIED
  • 640-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Susanne Coghill

    That Council receive Petition of Residents of Olinda Sideroad, dated October 31, 2018 together with accompanying cover correspondence dated October 29, 2018, and refer same to Administration for report.


    CARRIED
  • 641-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council adopts Regular Meeting of Council Minutes dated November 13, 2018 and Regular 'Closed Session' Meeting of Council Minutes dated November 13, 2018.


    CARRIED
  • 642-2018
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Susanne Coghill

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


    CARRIED
  • 643-2018
    Moved ByCouncillor Susanne Coghill
    Seconded ByDeputy Mayor Gord Queen

    That Council receive Kingsville Municipal Heritage Advisory Committee Meeting Minutes, dated October 10, 2018.


    CARRIED

That Administration investigate and report back to the new Council elect, the feasibility of adopting a policy similar to the recently approved policy of Secondary Suites to help ease the affordable housing shortage, based on compliance on both Building Code and Fire regulations.

  • 645-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Administration investigate and report back to the new Council elect, the feasibility of adopting a policy similar to the recently approved policy of Secondary Suites to help ease the affordable housing shortage, based on compliance on both Building Code and Fire regulations.


    CARRIED

That a Petition signed by the residents of the Olinda Sideroad be forwarded to management regarding the Olinda Sideroad as a safety concern.

Councillor Patterson did not move this motion at this Regular Meeting because the Petition was filed with Council at this Regular Meeting.

That the Town's Council representatives discuss with Essex County Council to consider that the speed limit on County Road 27 from Highway 3 going northeast to County Road 34 in Cottam be reduced from 80 km to 60 km, to the 50 km sign.

  • 646-2018
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Tony Gaffan

    That Council  defer Notice of Motion Agenda Item L-3 (Councillor Larry Patterson may move, or cause to have moved, that the Town's Council representatives discuss with Essex County Council to consider that the speed limit on County Road 27 from Highway 3 going northeast to County Road 34 in Cottam be reduced from 80 km to 60 km, to the 50 km sign) to a future meeting.


    CARRIED

    Ms. Van Mierlo-West left the room at 11:44 p.m. and returned at 11:46 p.m.

    Ms. Coghill returned to the room at 11:45 p.m.


1. Councillor Patterson inquired about the tree removal in Cottam for the walking trail. Ms. Van Mierlo-West responded that the trail is part of the Cottam Revitalization Plan and the revitalization of the trail.

2. Councillor Patterson expressed his thanks to Town staff for the excellent progress being made on improvements to the Cottam Rotary Park and suggested that a couple of flood lights might be considered to be installed.

3. On behalf of the Royal Canadian Legion and Veterans Voices of Canada, Deputy Mayor Queen presented the LCol Frederick Kent Jasperson Flag of Remembrance to Mayor Santos, sponsored by the Town of Kingsville.

4. Mayor Santos extended his personal thanks to the Council Members for representing the municipality over this term of Council. He presented a photograph memento to each member. He also expressed his thanks to Town Administration. 

  • 647-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council read By-law 122-2018, being a by-law to amend By-law 103-2003, as amended, being a By-law to provide for the licensing, regulating and registration of dogs within the Town of Kingsville a first, second and third and final time.


    CARRIED
  • 648-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Susanne Coghill

    That Council read By-law 123-2018, being a by-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/25/18; 140 Main St. East) as amended, a first, second and third and final time.


    CARRIED
  • 649-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council read by-law 125-2018 being a by-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/20/18; 74 Laurel St.) a first, second and third and final time.


    CARRIED
  • 650-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council reads By-law 126-2018, being a by-law to designate a certain property, including land and buildings, known as the Old Fire Hall (30  Main St. East, Kingsville) as being of cultural heritage value or interest under the provisions of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended, a first, second and third and final time.


    CARRIED
  • 651-2018
    Moved ByCouncillor Susanne Coghill
    Seconded ByCouncillor Larry Patterson

    That Council at 11:55 p.m., pursuant to Section 239(2) of the Municipal Act, 2001, enter into Closed Session to address the following item:

    1. Section 239(2)(c) a proposed or pending acquisition or disposition of land by the municipality; being an update report of CAO P. Van Mierlo-West regarding the Agreement of Purchase and Sale with the Greater Essex County District School Board.


    CARRIED

1.
Section 239(2)(c) a proposed or pending acquisition or disposition of land by the municipality; being an update report of CAO P. Van Mierlo-West regarding the Agreement of Purchase and Sale with the Greater Essex County District School Board

Upon rising from Closed Session at 12:09 a.m. Mayor Santos reported that Council received an update on the status of the Agreement of Purchase and Sale with the Greater Essex County District School Board. He reported that the conditional Agreement is in place and the municipality is looking forward to finalizing the same.

  • 652-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council reads By-law 127-2018, being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its November 26, 2018 Regular Meeting a first, second and third and final time.


    CARRIED
  • 653-2018
    Moved ByCouncillor Susanne Coghill
    Seconded ByCouncillor Larry Patterson

    That Council adjourns this Regular Meeting at 12:10 a.m.


    CARRIED
No Item Selected