REGULAR MEETING OF COUNCIL
AGENDA

Monday, March 22, 2021 at 6:00 P.m. - 8:00 P.m.

Council Chambers

2021 Division Road N

Kingsville, Ontario N9Y 2Y9

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A.

CALL TO ORDER

In light of the ongoing COVID-19 pandemic, this Regular Meeting of Council is being held electronically. Members will meet via electronic participation. Members of the public can view the meeting at www.kingsville.ca/meetings and select the VIDEO icon.

B.

MOMENT OF SILENCE AND REFLECTION

C.

PLAYING OF NATIONAL ANTHEM

D.

DISCLOSURE OF PECUNIARY INTEREST

When a member of Council has any pecuniary interest, direct or indirect, in any matter which is the subject of consideration at this Meeting of Council (or that was the subject of consideration at the previous Meeting of Council at which the member was not in attendance), the member shall disclose the pecuniary interest and its general nature, prior to any consideration of the matter.

E.

PRESENTATIONS/DELEGATIONS

1.

Leamington and Area Family Health Team (LAFHT)--Lead Physician Dr. Sheila Horen, Board Chair Bill Orawski and Interim Executive Director Jim Samson (Update report and presentation)

F.

MATTERS SUBJECT TO NOTICE

1.

PUBLIC MEETING--Application for Zoning By-law Amendment ZBA/18/19 by Brotto Investments Inc. 183 Main St. E., Part of Lot 2, Concession 1 ED

R. Brown, Manager of Planning Services

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment, dated March 2, 2021;

ii) Report of R. Brown dated March 4, 2021;

iii) Proposed By-law 29-2021 being a by-law to amend the  Comprehensive Zoning By-law for the Town of Kingsville.

• Recommended Action

  That Council:

  Approve zoning amendment application ZBA/18/19 to rezone a portion of the lands located at 183 Main St. E from Residential Zone 1 Urban, R1.1 to a site-specific Residential Zone 4 Urban R4.1-6 to:

  Permit an apartment building with a maximum of 22 dwelling units;

  Reduce the required rear yard setback from 12.2 m to 7.5 m;

  Reduce the required lot frontage of the land to be retained as a result of the severance of the existing single detached dwelling from 25 m to 16 m, and

  Increase the permitted maximum height from 11 m to 12. 2 m

G.

AMENDMENTS TO THE AGENDA

H.

ADOPTION OF ACCOUNTS

1.

Town of Kingsville Accounts for the monthly period ended February 28, 2021 being TD cheque numbers 0075696 to 0075951 for a grand total of $2,871,756.33

• Recommended Action

  That Council receives Town of Kingsville Accounts for the monthly period ended February 28, 2021 being TD cheque numbers 0075696 to 0075951 for a grand total of $2,871,756.33

I.

STAFF REPORTS

1.

Application for Site Plan Approval SPA/06/2021 by Sun Brite Foods Inc. 1552 County Road 34, Part of Lot 10, Concession 3 ED Parts 1 to 7, RP 12R 25071

R. Brown, Manager of Planning Services

• Recommended Action

  That Council:

  Approve site plan application SPA/06/2021 to permit the construction of a 864 sq. m (9,105 sq. ft.) bunkhouse and associated amenity area, subject to the terms in the associated site plan agreement, and

  Authorize the Mayor and Clerk to sign the site plan agreement and register said agreement on title.

2.

Application for Minor Development Agreement AGR/01/21 by Jason & Bronwen Stenger (Owners) Roberto D’Alimonte - Silversprings Construction (Applicant) 627 Talbot Rd N Lot 6, Concession 11, Pt. 1, RP 12R-4224 Roll No.: 3711 670 000 01000

K. Brcic, Town Planner

• Recommended Action

  That Council:

  Approve the proposed minor development agreement to permit a second dwelling on 627 Talbot Rd N for a temporary time during the construction of a new dwelling on the same lot, and authorize the Mayor and Clerk to sign the minor development agreement, and register said agreement on title.

3.

2021 Final Tax Levy By-Law

R. McLeod, Director of Financial and IT Services

• Recommended Action

  Council authorize By-law 23-2021 for the establishment of rates for the levy and collection of property taxes in the Town of Kingsville for the year 2021.

4.

Statement of Remuneration & Expenses for 2020

R. McLeod, Director of Financial and IT Services

• Recommended Action

  Council receive the Statement of Remuneration & Expenses report for 2020.

5.

Fleet Replacement Report

S. Martinho, Manager of Public Works and Environmental Services

• Recommended Action

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

  One (1) 2021 Dodge Ram 1500 pick-up truck for the Public Works Department for the purchase price of $37,679.29 inclusive of the HST burden.

  One (1) 2021 Dodge Ram 5500 with a dump body for the Public Works Department for the purchase price of $74,464.71 inclusive of the HST burden.

  One (1) 2021 Vermeer BC1000 Wood Chipper for the Public Works Department for the purchase price of $51,647.81 inclusive of the HST burden.

  Two (2) 2021 Ver-mac PCMS4800 Full Matrix Sign Boards for the combined purchase price of $37,640.70 inclusive of the HST burden.

  Two (2) Kubota F3990 Front End Cutting Mowers for the combined purchase price of $65,468.94 inclusive of the HST burden.

6.

59 Mettawas Lane Offer to Purchase

G. A. Plancke, Director of Infrastructure and Engineering

• Recommended Action

  That Council authorize and direct administration to prepare an offer to purchase 59 Mettawas Lane for the agreed purchase price of $95,000 and further that,

  Council authorizes the Treasurer to reallocate the purchase cost of $95,000 plus legal expenses from the P.W. Capital Reserve account # 03-000-032-39068.

7.

West Side Collector Road (WSCR)

G. A. Plancke, Director of Infrastructure and Engineering

• Recommended Action

  That Council endorse the concept of a West Side Collector Road in principal and that,

  Council accept the road alignment as recommended by the West Side Collector Road Committee with the provision that minor modifications may be required in order to secure land and,

  Council direct administration to update the Town’s Development Charges list of projects to include the West Side Collector Road as an appropriate 90% growth related project based on a high level estimate for construction of $5,800,000, and further that,

  Council direct administration to negotiate with AMICO for the costs of construction as directed by Council in Closed Session, and if an agreement on costs cannot be agreed upon, that administration issue a tender for the project exclusive of the subdivision development.

8.

Council's Priorities for 2021-2022

J. Norton, CAO

• Recommended Action

  That Council approve:

  1) Council's 2021-2022 priorities include COVID-Health as the overarching priority and the priority list with rankings of these items, as outlined in this report;

  2) The CAO Action Plan for 2021 and 2022 be approved as attached to this Report and the CAO directed to implement the Plan.

J.

MINUTES OF THE PREVIOUS MEETINGS

1.

Special Meeting of Council--March 3, 2021

2.

Regular Meeting of Council--March 8, 2021

3.

Regular Closed Session Meeting of Council--March 8, 2021

• Recommended Action

  That Council adopts Special Meeting of Council Minutes dated March 3, 2021, Regular Meeting of Council Minutes dated March 8, 2021, and Regular Closed Session Meeting of Council Minutes dated March 8, 2021.

K.

MINUTES OF COMMITTEES AND RECOMMENDATIONS

1.

Committee of Adjustment --December 22, 2020

• Recommended Action

  That Council receives Committee of Adjustment Meeting Minutes dated December 22, 2020.

2.

Parks Recreation Arts and Culture Committee--January 21, 2021

• Recommended Action

  That Council receives Parks, Recreation, Arts and Culture Committee Meeting Minutes dated January 21, 2021 together with the following sub-committee minutes: Fantasy of Lights--December 15, 2020.

3.

Kingsville B.I.A.--February 9, 2021

• Recommended Action

  That Council receives Kingsville BIA Meeting Minutes dated February 9, 2021.

L.

BUSINESS CORRESPONDENCE - INFORMATIONAL

1.

Ontario Fire College Resolutions

a.

City of Port Colborne--Correspondence dated February 24, 2021

b.

Township of Brock--Correspondence dated February 25, 2021

c.

Township of Howick--Correspondence dated March 3, 2021

d.

Township of Limerick--Correspondence dated March 9, 2021 

e.

Town of Bracebridge--Correspondence dated March 9, 2021 

f.

Municipality of Morris-Turnberry--Correspondence dated March 10, 2021

2.

Norfolk County--Correspondence dated February 23, 2021 RE: Carbon Tax on Primary Agriculture producers

3.

Township of Adjala-Tosorontio--Correspondence dated February 26, 2021 RE: Tile Drainage Act

4.

Request from Karen Pickle, resident that March 21 be proclaimed as World Down Syndrome Day in the Town of Kingsville

SEE: Sample Resolution passed March 13, 2020.

5.

Township of South Glengarry--Resolution dated March 1, 2021 RE: Provincial Vaccine Rollout

6.

Township of Brock--Correspondence dated March 2, 2021 RE: Cannabis Licensing and Enforcement

7.

Lake of Bays--Correspondence dated March 2, 2021 RE: Capacity Limits for Restaurants in Stage 2 under the Reopening Ontario Act, 2020

8.

Niagara Region--Correspondence dated March 4, 2021 RE: Schedule 6, Bill 197, COVID-19 Economic Recovery Act.

9.

City of Sarnia--Correspondence dated March 4, 2021 RE: Colour Coded Capacity Limits

10.

Niagara Region--Correspondence dated March 5, 2021 RE: Motion respecting Support for the Wine Sector

11.

Municipality of Tweed--Correspondence dated March 10, 2021 RE: Advocacy for Reform of Joint and Several Liability

12.

Municipality of Leamington--Correspondence dated March 15, 2021 RE: Support of Save the Ontario Fire College Resolution dated February 11, 2021 received from Chris McConnell, President, OPSEU Local 317

• Recommended Action

  That Council receives Business Correspondence-Informational Items 1-12.

M.

NOTICES OF MOTION

1.

Deputy Mayor Queen may move, or cause to have moved the following:

1. That the attached letter of concern regarding speeding from a local parent and resident Melissa Statham be received into the public record;

2. That a copy of the letter be provided to our local Police Services Board;

3. That a copy of the letter be provided to the County of Essex;

4. That this Council approve and endorse the request for a School Safety Zone by the Gosfield North Public School with the necessary signage for same, with our request to the County of Essex.

2.

Councillor Lucier may move, or cause to have moved:

That Administration investigate and prepare a report in consultation with ERCA on the possibility of implementing a program to provide shoreline property owners with loans to repair or construct breakwalls to guard against high water and flooding.

3.

Councillor DeYong may move, or cause to have moved:

That the Town of Kingsville participate in the global effort, Earth Hour, to bring awareness to our environmental issues by way of turning off municipal lights not required for safety, for one hour on March 27, 8:30 p.m. to 9:30 p.m. and to encourage others in our community to turn off their lights at the same time by way of media release and promotion on the Town's website and social media.

N.

UNFINISHED BUSINESS, ANNOUNCEMENTS AND UPDATES

O.

BYLAWS

1.

By-law 23-2021

Being a By-law to provide for the establishment of rates for the levy and collection of property taxes in the Town of Kingsville for the year 2021 pursuant to the provisions of the Municipal Act

To be read a first, second and third and final time.

2.

By-law 26-2021

Being a By-law under the Municipal Act, 2001, Part 13, Section 408; to authorize the issue of two series of debentures to consolidate the financing of construction and/or maintenance of numerous drains all in the Town of Kingsville

To be read a first, second and third and final time.

3.

By-law 28-2021

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

To be read a first, second and third and final time.

4.

By-law 29-2021

Being a by-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/18/2019; 183 Main St. East, Part of Lot 2, Concession 1 ED)

To be read a first, second and third and final time.

P.

CLOSED SESSION

Pursuant to Subsection 239(2) of the Municipal Act, 2001, Council will enter into Closed Session to address the following items:

i) Subsection 239(2)(b) personal matters about an identifiable individual, including municipal employees; being a Report from CAO J. Norton and Director of Legislative Services J. Astrologo re: selection of an Integrity Commissioner for the Town of Kingsville.

Q.

REPORT OUT OF CLOSED SESSION

R.

CONFIRMATORY BY-LAW

1.

By-law 30-2021

Being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its March 22, 2021 Regular Meeting

To be read a first, second and third and final time.

S.

ADJOURNMENT