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 Legislative Services/Solicitor/Clerk
  • R. Brown, Manager of Planning Services
  • K. Brcic, Planner
  • T. Del Greco, Manager of Engineering
  • S. Kitchen, Deputy Clerk-Council Services
  • S. Martinho, Manager of Public Works and Environmental
  • R. McLeod, Director of Financial & IT Services
  • A. Plancke, Director of Infrastructure & Engineering
  • R. Baines, Deputy Clerk - Administrative Services
  • D. Wolicki, Manager of Municipal Facilities and Property
  • J. Norton, CAO
  • John Quennell, Deputy Fire Chief

A.
CALL TO ORDER
 

Mayor Santos, in attendance at the Council Chambers, called the Regular Meeting to order at 6:00 p.m. All other members of Council participated in the meeting through video conferencing technology from remote locations. 

B.
DISCLOSURE 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.

C.
MOMENT OF SILENCE AND REFLECTION
 

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

D.
PLAYING OF NATIONAL ANTHEM
 

E.
PRESENTATIONS/DELEGATIONS
 

1.
Erie Shores Health Care and the Erie Shores Health Foundation--Kristin Kennedy, CEO, Erie Shores HealthCare and Christine Colautti, Executive Director, Erie Shores Health Foundation 
This item has attachments. 

1.Physician Recruitment - April 20 2021 FINAL cf_CC.pdf

Ms. Kennedy and Ms. Colautti presented the PowerPoint presentation entitled Physician Recruitment, Erie Shores HealthCare and Erie Shores Health Foundation, Town Council Meeting, providing a Hospital Overview and Physician Recruitment Needs, and asked that the Town of Kingsville consider a long-term investment partnership of $20,000/year over the next fifteen years to support Physician Recruitment and help provide key health care security for the region. Ms. Colautti offered to update Council in the future in regard to further developments and details.

  • 285-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council receives the presentation from Erie Shores HealthCare Chief Executive Officer K. Kennedy and Erie Shores Health  Foundation Executive Director C. Colautti; And Further That Council requests an update report from the Senior Management Team with recommendations moving forward.



    CARRIED

F.
MATTERS SUBJECT TO NOTICE
 

1.
Combined Application for Official Plan Amendment OPA/01/2021 & Zoning By-law Amendment ZBA/01/2021 by 2610349 Ontario Ltd. 45 and 49 Division St. N., Part of Lots 3, 4 & 5 W Watermill St., Plan
This item has attachments. 

1.Notice of Public Meeting Council (REVISED) - OPA 01 2021 and ZBA 01 2021 - accessible.pdf
2.OPA 01 2021 ZBA 01 2021 2610349 Ontario Ltd.pdf
3.Appendix A - Revised Site Plan - Setback - Use.pdf
4.Appendix B - Elevations.pdf
5.Appendix C - Planning Rationle.pdf
6.Appendix D - Comment - Apr 14_Redacted.pdf
7.Appendix E - ZBA-01-2021 OPA-01-2021 2610349 ONTARIO LIMITED 45 49 DIVISION ST N.pdf
8.Appendix F - KHAC Comment.pdf
9.37-2021 ZBL 01 2021.pdf
10.2610349 Ont Ltd. OPA 12.pdf
11.38-2021 Authorizing By-law OPA 12.pdf

R. Brown, Manager of Planning Services

i) (Revised) Notice of Complete Application and Public Meeting: Official Plan Amendment and Zoning By-law Amendment, dated March 26, 2021;

ii) Report of R. Brown, dated April 14, 2021;

iii) Proposed By-law 37-2021, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville;

iv) Proposed By-law 38-2021, being a By-law to amend the Official Plan of the Town of Kingsville.

Mr. Brown presented his Report dated April 14, 2021 and Appendices thereto, providing Council with details on a requested Official Plan amendment and Zoning By-law Amendment to permit the development of a new professional office building on lands located at 45 and 49 Division Street North, in the Town of Kingsville.   

Comments from the Applicant's Agent:

Ms. Jackie Lassaline of Lassaline Planning Consultants Inc. representing the Applicant, stated that she agrees with Mr. Brown's findings as contained in his Report. She referenced and summarized her Planning Rationale Report (PRR, dated February 24, 2021), being Appendix C to Mr. Brown's report.

Comments:

Mr. Larry Harrison, indicated that he had no further comments to add.

A recorded vote was requested.

  • 286-2021
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Tony Gaffan

    That Council:

    Adopts Official Plan Amendment No. 12 (OPA 12) to re-designate lands located at 49 Division St. N., from ‘Residential’ to ‘Central Commercial’ in the Town of Kingsville and direct administration to forward the amendment to the County of Essex for final approval; and

    Approves Zoning By-law amendment application ZBA/10/2021, to implement OPA 12, rezone properties located at 45 and 49 Division St. N., from Residential Zone 1 Urban (R1.1)’ and ‘ General Commercial Zone 4 Exception 4 (C4-4)’ to General Commercial Zone 4 Exception 7 (C4-7)’ and adopt the implementing by-law subject to final approval of OPA 12 by the County of Essex.


    ForAgainst
    Mayor Nelson SantosX
    Councillor Tony GaffanX
    Deputy Mayor Gord QueenX
    Councillor Thomas NeufeldX
    Councillor Larry PattersonX
    Councillor Kimberly DeYongX
    Councillor Laura LucierX
    Results61

    Vote Type: Majority (Voted), Recorded

    CARRIED (6 to 1)

G.
AMENDMENTS TO THE AGENDA
 

Mayor Santos added one announcement.

H.
ADOPTION OF ACCOUNTS
 

1.
Town of Kingsville Accounts for the monthly period ended March 31, 2021 being TD cheque numbers 0075952 to 0076275 for a grand total of $1,311,099.62.
This item has attachments. 

1.March Title Page AODA.pdf
2.Mar Monthly Cheque Report AODA.pdf
  • 287-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council receives Town of Kingsville Accounts for the monthly period ended March 31, 2021 being TD cheque numbers 0075952 to 0076275 for a grand total of $1,311,099.62.



    CARRIED

I.
STAFF REPORTS
 

1.
2020/2021 Fire Safety Grant
This item has attachments. 

1.2021 OFM Training Grant final.pdf
2.Kingsville - Letter of Intent.pdf
3.2020-2021 Fire Safety Grant Application Form.pdf

J. Quennell, Fire Chief

  • 288-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council approves the Fire Safety Grant Application as written and authorizes submission of the Application to the Office of the Fire Marshal for final approval.



    CARRIED

2.
Jasperson Drive Reconstruction – Phase 3 - Peachwood Drive to Main Street East
This item has attachments. 

1.IED 2021-17 Jasperson Drive Phase 3 Reconstruction New Template.pdf
2.Appendix A.pdf
3.Appendix B.pdf
4.Appendix C.pdf

T. Del Greco, Manager of Engineering

  • 289-2021
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Kimberly DeYong

    That Council awards the Jasperson Drive Phase 3 reconstruction tender to J&J Lepera Infrastructures in the amount of $1,312,000 (excluding HST) with an amendment that the sidewalk be constructed back of curb and 1.8 metres wide, and authorizes the Mayor and Clerk to execute the requisite agreement.



    CARRIED

3.
Application for Site Plan Approval SPA/09/2021 by Queens Auto Supply 2013 Division Rd N, Part Lot 8, Plan 1198, Part 1, RP 12R 1009
This item has attachments. 

1.SPA 09 2021 Queens Auto Supply(1).pdf
2.Appendix A - 2013 Division Road Site Plan R1(1).pdf
3.Appendix B - County Comment SPA 09 2021(1).pdf

R. Brown, Manager of Planning Services

  • 290-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council:

    Approves site plan application SPA/09/2021 for the development of a new 18.29 m (60 ft.) x 30.48 m (100 ft.) 557.48 sq. m (6,000 sq. ft.) two-storey pre-engineered building, subject to the conditions and requirements outlined in the site plan agreement and authorize the Mayor and Clerk to sign the agreement and register said agreement on title.



    CARRIED

4.
Application for Site Plan Approval by Greater Essex County District School Board 1620 Jasperson Dr., Part of Lot 3, Concession 1 ED, Parts 1 & 2, RP 12R 27276
This item has attachments. 

1.SPA 20 2020 Greater Essex County District School Board.pdf
2.Appendix A - K-12 GECDSB Site Plan 2021.pdf
3.Appendix B - 1801ARCH_Exterior Elevations.pdf

R. Brown, Manager of Planning Services

  • 291-2021
    Moved ByCouncillor Larry Patterson
    Seconded ByDeputy Mayor Gord Queen

    That Council:

    Approves site plan application SPA/20/2020 for the construction of a 12,818 sq, m (138,000 sq. ft.) elementary/secondary school and associated support facilities, parking, drop-off/pick-up areas and bus lanes on lands located at 1620 Jasperson Drive in the Town of Kingsville, subject to the conditions and requirements outlined in the site plan and associated site plan agreement and authorize the Mayor and Clerk to sign the agreement and register said agreement on title.



    CARRIED

    Mayor Santos called for a recess at 7:47 p.m., and the meeting reconvened at 7:55 p.m.


5.
Application for Site Plan Approval by 2418772 Ontario Inc. 76 Main St E Lot 13 & Pt. Lot 14, Plan 184 & 185 Roll No. 3711 150 000 03500
This item has attachments. 

1.SPA 07 21 - 76 Main St E.pdf
2.Appendix A - Location Map_.pdf
3.Appendix C - ERCA Comment.pdf
4.Appendix D - Parking Plan.pdf
5.Appendix B - Site Plan.pdf

K. Brcic, Town Planner

  • 292-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council approves Site Plan Application SPA/07/21 for the construction of a new covered patio addition to the front of the existing building at 76 Main St. E., subject to the conditions and requirements outlined in the Site Plan Agreement and authorizes the Mayor and Clerk to sign the Agreement and register said Agreement on title; And Further That Council directs that the Senior Administration Team arrive at a dollar figure amount for the 'cash in lieu' pertaining to the 4 parking spaces referenced in Report of Planner Brcic.



    CARRIED

6.
Kingsvilleworks Service Request Summary 1st Quarter 2021
This item has attachments. 

1.IED 2021 - 19 Cityworks Report 1st Quarter 2021 .pdf
2.Service Request Summary 1st Quarter 2021 (1).pdf

G. A. Plancke, Director of Infrastructure and Engineering

  • 293-2021
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Tony Gaffan

    That Council receives the Report of G. A. Plancke, Director of Infrastructure and Engineering RE: KingsvilleWorks Service Requests.



    CARRIED

    On a go-forward the KingsvilleWorks Service Request report will be provided quarterly, with additional information about the status of the service requests (i.e. which requests remain open / outstanding; which are closed, etc.)


7.
Conveyance of Property on Cedar Creek
This item has attachments. 

1.Conveyance of Property on Cedar Cr.pdf

R. McLeod, Director of Financial and IT Services

  • 294-2021
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Thomas Neufeld

    That Council authorize the conveyance of the shoreline portion of a Cedar Creek water lot (PIN 75181-0230) to the abutting property owners for the construction or rehabilitation of breakwalls; and that the cost to administer the tax sale and any additional 'out of pocket' expenses incurred by the Town in the acquisition or conveyance of the land shall be recovered from the benefiting landowners.



    CARRIED

J.
BUSINESS CORRESPONDENCE-ACTION
 

1.
County of Essex--Correspondence dated April 14, 2021 RE: Request from Fire Chief Bruce Krauter RE: Paramedic Recognition Banners
This item has attachments. 

1.Essex Kingsville_Request for Paramedic Banner - accessible.pdf
2.Kingsville Paramedic Banner Art.pdf
  • 295-2021
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Kimberly DeYong

    That Council approves request from Essex-Windsor EMS to celebrate Paramedic Services Week (May 23-29, 2021) by hanging temporary banners over the road in Kingsville for 3 weeks (May 16-June 6, 2021) and waive the banner fees.



    CARRIED

2.
Striking Committee Update RE: Appointments for Communities in Bloom Committee
This item has attachments. 

1.Striking Committee Report- CIB 2021.pdf
  • 296-2021
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Thomas Neufeld

    That Council endorses the following appointments and updates the municipal committee appointment by-law for the Communities in Bloom Committee membership as presented to include:  Heather Crewe, Tracy Oswald, Karin Sonnenberg, Astrid Tobin.



    CARRIED

K.
MINUTES OF THE PREVIOUS MEETINGS
 

1.
Regular Meeting of Council--April 12, 2021
This item has attachments. 

1.Post-Meeting Minutes - Regular Council Meeting_Apr12_2021 - English.pdf

2.
Regular Closed Session Meeting of Council--April 12, 2021
 

  • 297-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council adopts Regular Meeting of Council Minutes dated April 12, 2021 and Regular Closed Session Meeting of Council Minutes dated April 12, 2021.



    CARRIED

L.
MINUTES OF COMMITTEES AND RECOMMENDATIONS
 

1.
Main Street Development Review Committee--February 2 and March 2, 2021
This item has attachments. 

1.02 02 2021 - Main St E Development Review Committee - Minutes - Accessible.pdf
2.03 02 2021 - Main St E Development Review Committee - Minutes - Accessible.pdf
  • 298-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council receives Main Street Development Review Committee Meeting Minutes dated February 2, 2021 and March 2, 2021.



    CARRIED

2.
Committee of Adjustment--February 16, 2021
This item has attachments. 

1.CoA Minutes 02 16 2021 - accessible.pdf
  • 299-2021
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Thomas Neufeld

    That Council receives Committee of Adjustment Meeting Minutes dated February 16, 2021.



    CARRIED

3.
Tourism and Economic Development--February 11 and March 11, 2021
This item has attachments. 

1.EcDev Minutes_February 11_2021_Accessible.pdf
2.EcDev Minutes_March 11_2021_Accessible.pdf
  • 300-2021
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Tony Gaffan

    That Council receives Tourism and Economic Development Committee Meeting Minutes dated February 11, 2021 and March 11, 2021.



    CARRIED

4.
Kingsville B.I.A.--March 9, 2021
This item has attachments. 

1.BIA Minutes - March 9 2021 - accessible.pdf
  • 301-2021
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Tony Gaffan

    That Council receives Kingsville B.I.A. Meeting Minutes dated March 9, 2021.



    CARRIED

5.
Kingsville Municipal Heritage Advisory Committee--March 17, 2021
This item has attachments. 

1.KMHAC Minutes - March 17 2021 - accessible.pdf
  • 302-2021
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Laura Lucier

    That Council receives Kingsville Municipal Heritage Advisory Committee Meeting Minutes dated March 17, 2021



    CARRIED

6.
Parks Recreation Arts and Culture Committee--March 18, 2021
This item has attachments. 

1.PRAC Minutes March 18 2021 Accessible.pdf
2.FOL January 26 2021 Minutes Accessible.pdf
3.CIB Minutes February 2 2021 Accessible.pdf
  • 303-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council receives Parks, Recreation, Arts and Culture Committee Meeting Minutes dated March 18, 2021 together with the following sub-committee minutes: Communities in Bloom - February 2, 2021 and Fantasy of Lights - January 26, 2021.



    CARRIED

M.
BUSINESS CORRESPONDENCE - INFORMATIONAL
 

1.
Town of Caledon--Correspondence dated March 31, 2021 RE: 3-digit Suicide and Crisis Prevention Hotline.
This item has attachments. 

1.Calendon - Letter to Minister Hajdu re Support for 988 a 3-digit Suicide and Crisis Prevention Hotline - accessible.pdf

2.
Letters of Support RE: Kingsville Council Resolution 205-2021 RE: Bill C-21, An Act to Amend Certain Acts, and to Make Certain Consequential Amendments (Firearms)
 

a.
County of Essex--Correspondence dated April 7, 2021 from M. Birch, Director of Council and Community Services/Clerk, sent on behalf of Gary McNamara, Warden, County of Essex
This item has attachments. 

1.Essex 068-2021_Letter - Birch to Kingsville_support of concerns with Bill C_21 - accessible.pdf

b.
Township of Faraday--Correspondence dated April 7, 2021
This item has attachments. 

1.Twp of Faraday re Bill C-21 - accessible.pdf

c.
Township of Addington Highlands--Correspondence dated April 9, 2021
This item has attachments. 

1.Addington Highlands Bill C-21 - accessible.pdf

d.
Towship of Essa--Correspondence dated April 9, 2021
This item has attachments. 

1.Essa 21-04-09 Bill C-21 - accessible.pdf

e.
Municipality of West Elgin--Correspondence dated April 9, 2021
This item has attachments. 

1.Elgin 114 - Bill C-21-signed - accessible.pdf

f.
Township of Casey--Correspondence dated April 15, 2021
This item has attachments. 

1.Twp of Casey Bill C-21 - accessible.pdf

g.
Township of La Valee--Correspondence dated April 15, 2021
This item has attachments. 

1.Twp of LaVallee - accessible.pdf

h.
County of Perth--Correspondence from Office of the Warden dated April 19, 2021
This item has attachments. 

1.Perth - Bill C-21 - accessible.pdf

i.
Municipality of Temagami--Correspondence dated April 20, 2021
This item has attachments. 

1.Temagami Bill C-21 - accessible.pdf

3.
Township of the Archipelago--Correspondence dated April 9, 2021 RE: Road Management Action on Invasive Phragmites
This item has attachments. 

1.Archipelago - Road Management on Invasive Phragmites - accessible.pdf

4.
Town of Tecumseh--Correspondence dated April 13, 2021 RE: National 3-Digit Suicide Prevention Hotline
This item has attachments. 

1.Tecumseh Health Minister-3 Digit Suicide - accessible.pdf

5.
Town of Essex--Correspondence dated April 14, 2021 RE: COVID-19 Shutdown
This item has attachments. 

1.Essex - SPC Letter of Support Small Business Covid - accessible.pdf

6.
Township of Springwater--Correspondence dated April 16, 2021 RE: Clean Fuel Standard
This item has attachments. 

1.Springwater Clean Fuel Standard Letter - accessible.pdf

7.
Town of Mono--Correspondence dated April 16, 2021 RE: Cannabis Licencing and Enforcement
This item has attachments. 

1.Mono - Health Canada Cannabis Licencing and Enforcement - accessible.pdf
  • 304-2021
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Tony Gaffan

    That Council receives Business Correspondence-Informational items 1 through 7.



    CARRIED
  • 305-2021
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Larry Patterson

    That Council supports the Town of Mono's Resolution #1 1-6-2021 passed March 23, 2021 RE: Cannabis Licensing and Enforcement.



    CARRIED

N.
NOTICES OF MOTION
 

O.
UNFINISHED BUSINESS, ANNOUNCEMENTS AND UPDATES
 

Mayor Santos announced that CAO John Norton has recently been recognized by the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) with a Membership Service Award in recognition of 10 years of service and personal contribution to the municipal profession.

P.
BYLAWS
 

1.
By-law 37-2021
This item has attachments. 

1.37-2021 ZBL 01 2021(1).pdf
  • 306-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council reads By-law 37-2021, being a by-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (45 and 49 Division St. North, Part of Lots 3-5 W Watermill St. Plan 184 and 185, Pt. Lots 6-8 ED, Pt 2 RP 12R 27243; ZBA/01/2021) a first, second and third and final time.



    CARRIED

2.
By-law 38-2021
This item has attachments. 

1.38-2021 Authorizing By-law OPA 12(1).pdf
  • 307-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Kimberly DeYong

    That Council reads By-law 38-2021, being a By-law to amend the Official Plan of the Town of Kingsville (OPA 12) a first, second and third and final time.



    CARRIED

Q.
CLOSED SESSION
 

  • 308-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council, pursuant to Subsection 239(2) of the Municipal Act, 2001 at 8:19 p.m. enter into Closed Session to address the following item:

    i) Subsection 239(2)(f) advice that is subject to solicitor-client privilege RE: Interim Control By-law discussion.



    CARRIED

R.
REPORT OUT OF CLOSED SESSION
 

Upon rising from Closed Session at 8:57 p.m. Mayor Santos reported that members of Council received legal advice that is subject to solicitor-client privilege pertaining to interim control by-law discussion.

S.
CONFIRMATORY BY-LAW
 

1.
By-law 39-2021
This item has attachments. 

1.39-2021 Confirmatory April 26 2021.pdf
  • 309-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Kimberly DeYong

    That Council reads By-law 39-2021, being a by-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its April 26, 2021 Regular Meeting a first, second and third and final time.



    CARRIED

T.
ADJOURNMENT
 

  • 310-2021
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Thomas Neufeld

    That Council adjourns at 8:58 p.m.



    CARRIED
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