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 Tony Gaffan
  • Councillor Thomas Neufeld
  • Councillor Larry Patterson
  • Councillor Kimberly DeYong
  • Councillor Laura Lucier
Members of Administration
  • J. Astrologo, Director of Corporate Services
  • S. Kitchen, Deputy Clerk-Council Services
  • R. McLeod, Director of Financial Services

Mayor Santos called the Regular Meeting to order at 5:32 p.m.

  • 195-2020
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Kimberly DeYong

    That Council, at 5:32 p.m., pursuant to section 239(2) of the Municipal Act, 2001, enter into Closed Session to address the following items:

    i)  Subsection 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; being an update from Solicitor David Halliwill regarding 190 Main St. East, being Part of Lot 1, Concession 2, ED Part 2 12R- 26799;

    ii) Subsection 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; being an update from Solicitor Dave Sundin regarding Main St. West expropriation; and

    iii) Subsection 239(2)(d) labour relations or employee negotiations.


    CARRIED

    Upon rising from Closed Session at 6:58 p.m. Mayor Santos called for a short recess.

    At 7:05 p.m. Mayor Santos reconvened the Regular Meeting of Council with all members of Council in attendance, along with the following Members of Administration:  Director of Financial Services R. McLeod, Director of Corporate Services/Clerk J. Astrologo, Fire Chief C. Parsons, Manager of Municipal Facilities and Property D. Wolicki, Manager of Public Works S. Martinho, Drainage Superintendent K. Vegh, Planner K. Brcic, Manager of Planning Services R. Brown, and Deputy Clerk-Council Services S. Kitchen.


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 reported that Council had entered into Closed Session earlier this evening in respect to three items, being Closed Session Items Bi), ii) and iii) as described above.

He reported that in connection with item Bi) (update from Solicitor Halliwill regarding 190 Main St. East) Council provided direction to Solicitor Halliwill. In connection with item Bii) Mayor Santos reported that an update was received regarding Main St. West expropriation. Lastly, Mayor Santos reported that in connection with item Biii) being a matter relating to labour relations or employee negotiations, Council received an update for information.

Anne Marie Lemire, 171 Main St. East, Kingsville, addressed Council in connection with the preservation of the property municipally known as 183 Main St. East.

She presented a Petition against the demolition and rezoning of 183 Main St. East containing roughly 400 signatures signed in person, together with an online Petition containing approximately 2,300 signatures. Ms. Lemire stated that of the 2,300 online signatures, approximately 800 petitioners are Kingsville residents, and other Petitioners are former residents of Kingsville, business and holiday travellers, etc. On behalf of 2,700 Petitioners, Ms. Lemire urged that the Town designate 183 Main St. East, Kingsville. 

  • 196-2020
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Larry Patterson

    That Council receives the Petition as presented by Ms. Anne Marie Lemire at this Regular Meeting.


    CARRIED

Ms. Sacheli presented the Committee's Research Report and indicated that it is the Committee's recommendation that Council issue a Notice of Intent to Designate the property at 183 Main Street East, to be known as The Esther Jasperson Campbell House.

  • 197-2020
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Laura Lucier

    That Council receives the Report of the Kingsville Municipal Heritage Advisory Committee regarding 183 Main Street East, Kingsville.


    CARRIED

    A recorded vote was requested on the following motion.


  • 198-2020
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Larry Patterson

    That  Council  issue a Notice of Intent to Designate the property at 183 Main St. East, to be known as The Esther Jasperson Campbell House.


    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 stated that in lieu of the delegation presentation this evening, Mr. Hooker provided correspondence to Director of Corporate Services/Clerk J. Astrologo, indicating support of Application (ZBA/02/2020) and removal of the H from the zoning.  The Application for the Removal of the H Holding Symbol will be dealt with this evening, being Agenda Item H-3.

  • 199-2020
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council receives correspondence provided to the Clerk from Ed Hooker dated March 9, 2020 indicating no objections to Application ZBA/02/2020 (Cottam Solar Limited) and the removal of the H from its zoning.


    CARRIED

Mayor Santos indicated Ms. Winger (of 104 Fox Street, Cottam) would address Council in connection with the proposed Fees and Charges By-law, proposed Building Services Fees By-law, and proposed Water and Sewer Rate By-law, when those items come forward this evening. 

K. Vegh, Drainage Superintendent and Dennis R. McCready, B.A.Sc., P. Eng.

i) Notice of Meeting to Consider the Engineer's Report, dated February 7, 2020;

ii) Engineer's Report, dated October 7, 2019 (RC Spencer Associates Inc. Project No.: 17-691).

Mr. Vegh indicated that it is Administration's recommendation to defer the Report Consideration until the draft plan approval and changes to the storm water design have been sorted out.  Engineer McCready explained the Drainage Act procedures, and confirmed that it would be premature to provisionally adopt the Report at this time, and deferral is the preferred course of action. 

  • 200-2020
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Tony Gaffan

    That Council defers the consideration of the Engineer’s Report for the Repair, Improvement and Extension of the Branch of the Smith Newman Drain, near the Community of Cottam, Town of Kingsville, dated October 7, 2019 (RC Spencer Associates Inc. Consulting Engineers Project No. 17-691).


    CARRIED

K. Brcic, Town Planner

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment, dated February 13, 2020;

ii) Report of Town Planner K. Brcic, dated March 2, 2020 together with attached Appendices A to D;

iii) Proposed By-law 29-2020, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

Ms. Brcic presented the Planning Report.

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

  • 201-2020
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Tony Gaffan

    That Council approves Zoning By-law Amendment Application ZBA/01/20 to rezone the subject lands at 1681 Division Road North (County Road 29), Part Lot 1, Con 1, WD, 12R24704 Parts 1 and 3, Town of Kingsville, from ‘Rural Residential Exception 11 (RR-11)’ to ‘Rural Residential Exception 13 (RR-13)’ and adopt the implementing by-law.


    CARRIED

R. Brown, Manager of Planning Services

i) Notice of an Intention to Pass an Amending By-law to Remove a Holding Symbol, dated February 27, 2020 (deferred from February 24, 2020);

ii) Report of R. Brown, Manager of Planning Services, dated February 6, 2020 (RE: Application for Removal of the H-Holding Symbol ZBA/02/2020 and Development Agreement by Cottam Solar Limited; Lots 1 to 42, Block 44-48, Plan 12M 392 and Parts 1 to 7 RP 12R-14958, Belleview Drive, Victor Lane and Whitewood Avenue) together with attached Appendices A and B;

iii) Proposed By-law 19-2020, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville;

iv) Correspondence from Joanne Winger, dated March 4, 2020 RE: ZBA/02/2020.

Mr. Brown presented the Planning Report.

Comments from the Public:

Ms. Joanne Winger, 104 Fox St., Cottam, referenced concerns contained in her correspondence dated March 4, 2020 (Agenda item H.3.iv above). She indicated that this subdivision had always been known as the Cottam Woods Subdivision, and asked why the name has changed. Mr. Brown explained that there has been a change of ownership, and with such new ownership, the development is now known as the Woodridge Estates Subdivision. She asked for clarification as to the capacity of the existing lagoon system in Cottam, and how that is impacted by this proposal. Mr. Brown explained that there is no change in location of the subdivision; that the subdivision is not moving. The developer is using the capacity currently existing here, instead of where the solar panels are, and paying the 50% as a re-allocation.

There were no further questions or comments.

  • 202-2020
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council approves Zoning By-law Amendment Application ZBA/02/2020 to remove the H-Holding provision from the subject lands in order to permit development to proceed and adopt the implementing by-law;

    And That Council authorizes the Mayor and Clerk to execute the Development Agreement between Cottam Solar Ltd. (Woodridge Estates Subdivision) in the community of Cottam for a 46-lot residential subdivision and directs Administration to have the Agreement registered on title.


    CARRIED

R. McLeod, Director of Financial Services

i) Notice of Consideration of Amendments to Fees and Charges By-law, Building Services Fees By-law, and Water and Sewage Rate By-law, dated February 13, 2020;

ii) Report of Director of Financial Services R. McLeod, dated March 3, 2020;

a) Proposed Fees and Charges By-law 24-2020 with attached Schedules A to E;

b) Proposed Building Services Fees By-law 25-2020, with attached Schedule A.

Public Comments:

Ms. Joanne Winger asked for clarification of various items in the Proposed Fees and Charges Law, and in the proposed Building Services Fees By-law. Administration provided explanations and responses to her queries.

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

 

  • 203-2020
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Laura Lucier

    That Council adopts By-law 24-2020, being a by-law to impose fees and charges.


    CARRIED
  • 204-2020
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council gives notice of a proposed intent to raise 'use of parking space' fee to $200.00 per month/space for existing sidewalk patios to be implemented this season, and for circulation by Kingsville B.I.A. representative of notice to the BIA community for their comment.


    CARRIED
  • 205-2020
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Thomas Neufeld

    That Council adopts By-law 25-2020, being a by-law to regulate permits issued under the Building Code Act, set fees, and establish a Code of Conduct for the Chief Building Official and Inspectors.


    CARRIED

    Mr. McLeod presented his 2020 Water and Wastewater Rates Report, dated March 3, 2020.

    Comments:

    Joanne Winger, 104 Fox Street, asked for clarification on various sections of the proposed Water and Sewage Rate By-law. She asked that the drastic change to the sewage charge not be made at this time. 

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


  • 206-2020
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council approves By-law 26-2020, being a by-law to impose a water rate and sewage rates, as amended to reflect an increase in Cottam Facility sewage rates for Multi-Residential, Commercial and Industrial properties to $1.46 per m3 of water volume, and Greenhouse Sewage Rates to $1.46 per m3 of sewage discharge.


    CARRIED

There were no amendments to the Agenda.

  • 207-2020
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Larry Patterson

    That Council receives Town of Kingsville Accounts for the monthly period ended February 29, 2020 being TD cheque numbers 0072110 to 0072445 for a grand total of $1,606,903.60.


    CARRIED

C. Parsons, Fire Chief.

  • 208-2020
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Kimberly DeYong

    That Council approves the acquisition of a replacement Fire Engine from Metalfab (Carrier Centres Emergency Vehicles) of Brantford, Ontario for the purchase price of $633,367.90 inclusive of the rebated HST assessed to the Fire Department Fleet Reserves (account # 01-121-360-72015).


    CARRIED

C. Parsons, Fire Chief

  • 209-2020
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Kimberly DeYong

    That Council approves the acquisition of a replacement SUV vehicle from Ken Knapp Ford of Essex, Ontario for the purchase price of $41,934.28 inclusive of the rebated HST assessed to the Fire Department Fleet Reserves (account # 01-121-360-72016).


    CARRIED

D. Wolicki, Manager of Municipal Facilities and Property

  • 210-2020
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council receives the Report of D. Wolicki, Manager of Municipal Facilities and Property dated March 9, 2020, and endorses the design of the floating docks system for the Cedar Island Boat Launch.


    CARRIED

S. Martinho, Manager of Public Works

  • 211-2020
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Larry Patterson

    That Council receives the Report of Shaun Martinho, Manager of Public Works, dated January 6, 2020 containing information related to the revised Christmas Tree Recycling Program.


    CARRIED

S. Martinho, Manager of Public Works

  • 212-2020
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Kimberly DeYong

    That Council approves the acquisition of the Fleet assets utilizing Fleet Management Reserves as follows:

    One (1) 2020 Chevy Silverado pick-up truck for the Public Works Department for the purchase price of $36,644.44 inclusive of the HST burden.

    One (1) Olympia Ice Resurfacer for the Arena for the purchase price of $104,856.24 inclusive of the HST burden.

    One (1) 2020 Chevy Silverado pick-up truck for Parks and Recreation for the purchase price of $35,291.69 inclusive of the HST burden.

    One (1) 2020 Ford F-350 for the Environmental Service Department outfitted with a service body for the combined purchase price of $69,559.49 inclusive of the HST burden.

    One (1) 2020 Chevy Silverado pick-up truck for the Environmental Services Department for the purchase price of $36,083.44 inclusive of the HST burden.

    One (1) 2020 Chevy Silverado pick-up truck for the Building Department for the purchase price of $34,839.00 inclusive of the HST burden.


    CARRIED

S. Martinho, Manager of Public Works

  • 213-2020
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Laura Lucier

    That Council awards the Sumac Drive Watermain Reconstruction project to Nevan Construction Inc. in the amount of $121,150.00 excluding HST and authorizes the Mayor and Clerk to execute the agreement and draft the appropriate authorizing by-law.


    CARRIED

R. Brown, Manager of Planning Services

Having in mind the late hour and the number of items remaining to be addressed this evening, Mr. Brown's Report (to provide an outline of the current policies regulating land use on Main St. between Heritage Road and Kratz Road, and other items) was deferred as per the following motion:

  • 214-2020
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Tony Gaffan

    That Council defers the Report of R. Brown, Manager of Planning Services, dated February 25, 2020 RE: Main Street Development Policy Review and Interim Control By-law to one of the scheduled April Regular Meeting of Council dates.


    CARRIED

K. Brcic, Town Planner

  • 215-2020
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Tony Gaffan

    That Council approves the further extension of Part lot Control exemption, By-law 56-2017, to allow Lots 74 and 76, 77, 78 and 79 on Plan 12M-552 to continue to be exempt from Section 50(5) of the Planning Act, and that Council authorizes and directs Planning Services to register the by-law (30-2020) on title.


    CARRIED

R. Brown, Manager of Planning Services

  • 216-2020
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Kimberly DeYong

    That Council approves Zoning By-law Amendment ZBA/17/19 to update the current zoning by-law standards for greenhouse development as established by the Greenhouse Policy Review Committee and amended through Council and public feedback and adopt the implementing by-law as amended to include the definition of adverse effect; and

    That Council endorses the outlined Official Plan policies in Appendix A (as attached to and forming part of the Report of R. Brown dated February 21, 2020) including an attachment which contains the definition of adverse effect as an addendum to the policy, established by the Greenhouse Policy Review Committee and amended through Council and public feedback, for inclusion in the 5-year Official Plan review process and associated amendment.


    CARRIED

Director of Financial Services R. McLeod

  • 217-2020
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Larry Patterson

    That Council receives the Statement of Remuneration & Expenses Report for 2019 of D. Broda, Payroll and Billing Supervisor, dated February 21, 2020.


    CARRIED
  • 218-2020
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Kimberly DeYong

    WHEREAS on World Down Syndrome Day around the globe, we celebrate the abilities and worth of individuals with Down Syndrome;

    AND WHEREAS we recognize their daily contributions to the communities in which they live and the families of which they are a part;

    AND WHEREAS we strive to educate and raise awareness about how important individuals with Down Syndrome are to our community;

    AND WHEREAS we advocate for inclusion and compassion to strengthen our community as a whole.

    NOW THEREFORE Council of The Corporation of the Town of Kingsville proclaims March 21, 2020 World Down Syndrome Day in the Town of Kingsville.


    CARRIED
  • 219-2020
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Laura Lucier

    That Council adopts Regular Meeting of Council Minutes dated February 24, 2020.


    CARRIED
  • 220-2020
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Tony Gaffan

    That Council receives Union Water Supply System Joint Board of Management Meeting Minutes dated January 15, 2020


    CARRIED
  • 221-2020
    Moved ByCouncillor Thomas Neufeld
    Seconded ByDeputy Mayor Gord Queen

    That Council receives Committee of Adjustment Meeting Minutes dated January 21, 2020


    CARRIED
  • 222-2020
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Kimberly DeYong

    That Council receives Police Services Board Meeting Minutes dated January 22, 2020


    CARRIED
  • 223-2020
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council receives Parks, Recreation, Arts and Culture Committee Meeting Minutes dated January 23, 2020 together with Minutes of the following sub-committees:

    Mettawas Park Fundraising - November 6, 2019

    Fantasy of Lights - October 22, 2019

    Migration Festival - October 8, 2019


    CARRIED
  • 225-2020
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council receive a report as to what we do or require now for Bed and Breakfast and AirbnbTM establishments, along with any recommendations that staff may be aware of, including safety, noise, public concerns, and fees, such report to be brought back to Council within six months.


    CARRIED
  • 226-2020
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That the footbridge at Lakeside Park be repaired before next winter; and that staff advise Council if this repair is in the five-year plan.


    CARRIED
  • 227-2020
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Kimberly DeYong

    That a report be provided from Administration to investigate alternatives to using salt on the road and sidewalks, such report to be provided within six months.


    CARRIED

R.

  • 228-2020
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Kimberly DeYong

    That Council reads By-law 89-2019, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (Greenhouse regulations), as amended, a first, second and third and final time.


    CARRIED

By-law 16-2020 was not read at this meeting.

  • 229-2020
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council reads By-law 19-2020, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/02/2020; Lots 1 to 42; Blocks 43 to 48; Plan 12M 392, Pts. 1 to 7, RP 12R 14958), a first, second and third and final time.


    CARRIED
  • 230-2020
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council reads By-law 24-2020, being a By-law to impose fees and charges by The Corporation of the Town of Kingsville, a first, second and third and final time.


    CARRIED
  • 231-2020
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council reads By-law 24-2020, being a By-law to Regulate Permits Issued Under the Building Code Act, Set Fees, and Establish a Code of Conduct for the Chief Building Official and Inspectors, a first, second and third and final time.


    CARRIED
  • 232-2020
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council reads By-law 26-2020, being a By-law to impose a Water Rate and Sewage Rates, as amended, a first, second and third and final time.


    CARRIED
  • 233-2020
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Kimberly DeYong

    That Council reads By-law 29-2020, being a  By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/01/20; 1681 Division Road North (County Road 29), Part Lot 1, Con 1, WD 12R-24704, Parts 1 and 3) a first, second and third and final time.


    CARRIED
  • 234-2020
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council reads By-law 30-2020, being a By-law to extend the exemption from Part Lot Control pursuant to Section 50(7) of the Planning Act as provided for in By-law 56-2017 (Millbrook Subdivision, Stage II, Phase 1 - Plan 12M-552) a first, second and third and final time.


    CARRIED
  • 235-2020
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council reads By-law 31-2020, being a By-law authorizing the entering into of a Transfer Payment Agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of Municipal Affairs and Housing for the Municipal Modernization Program (MMP) a first, second and third and final time.


    CARRIED
  • 236-2020
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council reads By-law 32-2020, being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its March 9, 2020 Regular Meeting, a first, second and third and final time.


    CARRIED
  • 237-2020
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Laura Lucier

    That Council adjourns this Regular Meeting at 10:52 p.m.


    CARRIED
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