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 Tony Gaffan
  • Councillor Thomas Neufeld
  • Councillor Larry Patterson
Members of Administration
  • J. Astrologo, Director of Corporate Services
  • S. Kitchen, Deputy Clerk-Council Services
  • P. Van Mierlo-West, CAO

Mayor Santos called the Regular Meeting to order at 6:00 p.m.

  • Recommended Action
    338-2018
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Thomas Neufeld

    That Council, at 6:01 p.m., pursuant to Section 239(2) of the Municipal Act, 2001 enter into Closed Session to address the following item:

    i) Section 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; being Update Report of Solicitor J. Hewitt regarding the status of an application for expropriation of a portion of waterfront lands for park purposes.


    CARRIED

    Upon rising from Closed Session at 6:46 p.m. Mayor Santos called for a short recess.

    At 7:00 p.m. Mayor Santos reconvened the Regular Meeting of Council with the members of Council listed above in attendance and with the following members of Administration in attendance:  CAO P. Van Mierlo-West, Director of Corporate Services J. Astrologo, Deputy Clerk-Council Services S. Kitchen, Director of Financial Services R. McLeod, Manager of Financial Services T. Hong, Manager of Planning Services R. Brown, Drainage Superintendent K. Vegh and Director of Municipal Services A. Plancke.


Mayor Santos asked those present to stand and observe a moment of silence to be followed by the singing 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 introduced the Erie North Shore Storm Major PeeWee 2018 OHF Champions and welcomed the team managers, coaches, family members, and friends also in attendance this evening. Certificates of Recognition were presented to:

Assistant Coach Jeremy Colenutt; Head Coach Gary Quenneville (absent), Assistant Coaches Randy Moulton (absent), Greg Wright (Absent) and Taylor Omstead (absent), and OHF Championship team members Tommy Moulton (absent), Ariana Quenneville (absent), Owen Barnes, Connor Brown, Kohen Colenutt, Charlie Coristine, AJ Dickinson, Michael Hicks, Ty Humphries, Cole Kritzer, Cale Marontate, Nate McKee (absent), Ty Murray, Matteo Ruggirello, Nico Shaften and Nick Wright.

R. McLeod, Director of Financial Services and Mike Cowan, CPA, CA, Office Managing Partner, BDO Canada LLP, Chartered Accountants/Licensed Public Accountants

Mayor Santos brought forward Staff Report I-1 as follows:

I-1.   2017 Financial Statement Review dated May 22, 2018

Director McLeod presented his Report, containing an overview of the 2017 Financial Statements. Following Director McLeod's presentation, Mr. Mike Cowan (BDO Canada LLP) presented the Auditor's report.

  • Recommended Action
    339-2018
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Thomas Neufeld

    That Council approves the Financial Statements for the year ending December 31, 2017 as audited by BDO Canada LLP; and further that Council approves the allocation of $409,388 from the 2017 Budget Surplus to a reserve for infrastructure improvements.


    CARRIED

Ms. Gunning provided background information as contained in correspondence dated May 28, 2018 (including information pertaining to her discussions with representatives of both the Ministry of Finance and the Municipal Property Assessment Corporation). She requested Council's consideration to adopt a by-law to exempt the Kingsville Historical Park Inc. from property taxation.

  • Recommended Action
    340-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council directs Administration to prepare a by-law, in an effort to satisfy the Municipal Property Assessment Corporation's criteria, to exempt Kingsville Historical Park Inc. from property taxation.


    CARRIED

T. Peralta, P. Eng.  and K. Vegh, Drainage Superintendent.

i) Notice of Meeting to Consider the Engineer's Report, dated May 8, 2018;

ii) Engineer's Report dated April 23, 2018 (N. J. Peralta Engineering Ltd. Project No. D-17-029);

iii) Proposed By-law 60-2018, being a by-law to provide for the construction to replace and improve the Road 10 Crossing Over the Patterson Drain in the Town of Kingsville in the County of Essex to be provisionally adopted at this Regular Meeting.

Engineer Peralta presented the Engineer's Report dated April 23, 2018.

Public Comments:

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

  • Recommended Action
    341-2018
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Tony Gaffan

    That Council adopts the Engineer's Report dated April 23, 2018 for the Road 10 Crossing Over the Patterson Drain (N. J. Peralta Engineering Ltd. Project No. D-17-029); read By-law 60-2018 being a by-law to provide for the construction to replace and improve the Road 10 Crossing Over the Patterson Drain a first and second time at this Regular Meeting; and Schedule Court of Revision for a future date.


    CARRIED

G. Rood, P. Eng., and K. Vegh, Drainage Superintendent

i) Notice of Meeting to Consider the Engineer's Report, dated May 8, 2018;

ii) Engineer's Report dated April 6, 2018 (Rood Engineering Inc. REI Project 2016D015);

iii) Proposed By-law 59-2018, being a By-law to provide for the construction of a bridge over the 9th Concession Road Drain; Owner: Thomas and Melissa Neufeld and Kottoor Investments Inc. (530-01900 and 530-01830) in the Town of Kingsville, in the County of Essex to be provisionally adopted at this Regular Meeting.

Engineer Rood presented the Engineer's Report dated April 6, 2018.

Comments from the public:

Melissa Neufeld (530-01900) asked for clarification with respect to the 30-foot top width of the access bridge as described in the engineer's report.  She indicated that she did not request anything "beyond the 20-foot standard". She also stated concerns with the engineer's recommendation that 45.9% of the future maintenance costs shall be assessed in equal shares as a benefit against the abutting properties being served by the shared access bridge (Mr. and Mrs. Neufeld and Kottoor Investments Inc.) and the remaining 54.1% be assessed against the upstream land and roads based on their outlet liability assessment.

Engineer Rood indicated that the purpose of the 30' top width is to provide the farm equipment access as discussed. The 30' top width is shared equally among all properties. The owners only need to bear the burden of one end wall each. The engineer has given them the advantage of less than the standard 20' minimum to each property for the top width and shared that reduced cost equally between the 2 properties and they will both derive benefit.   

Ms. Neufeld responded that she understood such clarification and explanation as to the Construction Schedule of Assessment and future maintenance as provided by Engineer Rood.

Abe Fehr, 427 County Road 34 West indicated he is very interested as to how these works will affect his property, indicating there is a problem with drainage at his property. Engineer Rood explained that the subject works are related to the replacement access bridge reconstruction only, and any other items would be beyond the scope of the report. Engineer Rood also advised Mr. Fehr that procedures are in place under the Drainage Act for property owners to make a request to the municipality for drain maintenance or repair works. Mr. Vegh advised that the maintenance on the 9th Concession Road Drain was performed in 2016, which is relatively recently. He stated that if there is anything specific to Mr. Fehr's address (427 County Rd. 34 W) that Mr. Fehr wishes to discuss, then Mr. Vegh would arrange to meet with him to identify it.

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

  • Recommended Action
    342-2018
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Tony Gaffan

    That Council adopt the Engineer's Report dated April 6, 2018 for the 9th Concession Drain (Bridge Replacement for Thomas and Melissa Neufeld and Kottoor Investments Inc., Parcels 530-01900 and 530-01830; Part Lot 3, Concession 9; Rood Engineering Inc. Project No. 2016D015); read By-law 59-2018 being a by-law to provide for the construction of a bridge over the 9th Concession Road 9 a first and second time; and Schedule Court of Revision for a future date.


    CARRIED

R. Brown, Manager of Planning Services

i) Notice of Public Meeting, dated May 7, 2018

ii) Report of R. Brown, dated May 11, 2018 with attached Appendices.

iii) Proposed By-law 63-2018, 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 and indicated that two property owners residing to the east of the subject lands had expressed concerns via email dated May 28, 2018 regarding odours and lighting. He fielded questions from Council, including an explanation regarding the Town's current required minimum distance separation provision of 100 m (328 feet).

Comments from the audience:

Ashley Colasanti, 1556 Road 3 E., asked who would be inspecting the air filtration systems, indicating that she lives nearby and is concerned about odour control. Mr. Brown responded that Health Canada has outlined air filtration system requirements. The Town would be requesting, as part of the site plan agreement process, the details of the air filtration system in order to prevent the escape of the odour, and that Health Canada has the overall enforcement obligation.

Gary Atkinson, 1573 County Road 34 E, stated he lives outside of the 100 m minimum distance separation area by 10 metres, that he is also concerned about odour, stating it is a 'skunky smell'. Mr. Atkinson also stated he likes to look at the night sky.

Fred Driedger, 930 Road 4 East stated that the discussion surrounds concerns of odour, regulation, and who takes care of it. He indicated he is part of a concerned group who have been researching the matter for two weeks. He stated that he agrees it is Health Canada who is ultimately responsible for the odour.  He was advised by the Municipality of Leamington that odour complaints are directed to be forwarded to Ottawa--residents are provided with a phone number and a website. Mr. Driedger stated that "might be good enough for Leamington, but not good enough for Kingsville".

Jon Elcombe, stated that he lives in Windsor, is moving to Kingsville, and also has odour concerns. He stated that perhaps it would be a good idea for Council to hold off on the approval.

Comments from the Applicant:

Mr. Guido Van het Hof, President of Great Northern Seedlings, stated that he appreciates concerns raised tonight especially regarding light and odour. He stated that he also operates 1507 Road 3 E. as well as 1400 Road 3 E. They have implemented light abatement at 1400 Road 3 East and have also provided for light abatement in their current drawings for this project, and are providing the required odour filtration systems. He stated they want to be good stewards of the environment, good operators, and not impact anyone around the facility.

  • Recommended Action
    343-2018
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Tony Gaffan

    That Council defers Zoning By-law Amendment ZBA/08/18 to permit a medical marihuana production facility on property located at 1507 Road 3 E until more information is obtained from Administration.


    CARRIED

    Mayor Santos called for a recess at 8:47 p.m. and the meeting resumed at 8:59 p.m.


R. Brown, Manager of Planning Services

i) Notice of Public Meeting, dated May 7, 2018;

ii) Report of R. Brown, dated May 11, 2018 with attached Appendices.

iii) Proposed By-law 64-2018, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville

Comments:

Solicitor Candice Kennedy (Ricci Enns Rollier & Setterington LLP) was in attendance on behalf of the Applicants to answer any questions.

There were no questions or comments from Council.

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

  • Recommended Action
    344-2018
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Tony Gaffan

    That Council approves Zoning By-law Amendment ZBA/09/18 to permit a medical marihuana production facility on property located at 1000 County Road 34 and address the required relief or exemption from specific provisions in Section 4.46 on the Kingsville Zoning By-law 1-2014 as outlined in the attached amendment and adopt the implementing by-law.


    CARRIED

R. Brown, Manager of Planning and Development Services

i) Notice of Public Meeting, dated May 7, 2018;

ii) Report of R. Brown, dated May 11, 2018 with attached Appendices;

iii) Proposed By-law 65-2018, 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 and fielded questions from Council members.

Comments from the public:

Fred Driedger, 930 Road 4 East, Kingsville, indicated he has lived at his home for 38 years and farms corn and soybeans. He stated that the neighbourhood residents are not against medical marijuana, that the proposal sounds like a good opportunity but "we don't know what the actual effect will be". He stated that the resident group researching this matter could not find a study relating to "putting so many greenhouses in such a small area" and does not feel the Town can rely on Health Canada for regulation and enforcement.  He has contacted Mat Vaughan, a Planner at Norfolk County who is also presently dealing with similar applications and has had discussions with Mr. Vaughan regarding Norfolk's standards. Mr. Vaughan has indicated that when you walk up to the outside of any cannabis facility in Norfolk the requirement is that you "cannot tell what is growing inside". 

Terry Anderson, 888 Road 3 East, indicated he resides directly south of the Applicant's site, but across the by-pass. He stated that he wanted to "talk about setbacks and the confusion around them or the variability of the setbacks" around the different districts.

Mr. Brown provided examples of the different setback requirements in place in other municipalities.

Mr. Driedger summarized his group's concerns and stated that in conclusion "our team has concerns and we want you to err on the side of caution in passing bylaws in connection with these applications".

Candace Anderson, 888 Road 3 E.,  indicated that there is a nasal ranger measurement device that can measure the intensity of the odour in an area. It was created in Colorado as a result of the rising number of odour complaints there.  She asked that the Town be proactive with clear requirements so that no odour is detectable.  She stated she lives 2 to 5 km from all of the proposed sites that Council is considering, or has recently approved. She wants to keep her windows open in spring, summer and fall. Her home has cross-ventilation and she would like to keep that fresh air moving. She wants to enjoy her backyard barbeque and the treed yard.

Comments from the applicant:

Jeremy Capussi (J.C. Fresh Farms) stated that he is a 3rd generation farmer born in this area and that his company is a greenhouse leader in North America, and will continue to be.   He stated that he believes in medical cannabis for health reasons and asked that his company be granted the time and patience to solve the odour issue; the industry will continue to be innovative and use technology to solve these concerns.

  • Recommended Action
    345-2018
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Tony Gaffan

    That Council defer Zoning By-law Amendment ZBA/09/18 to permit a medical marihuana production facility on property located at 1000 County Road 34 until an odour by-law for the Town of Kingsville is developed and passed.


    CARRIED

Deputy Mayor Queen added one item under Unfinished Business/Announcements/Updates.

R. McLeod, Director of Financial Services

This report was discussed above (SEE: Delegation Item F-2).

G. A. Plancke, Director of Municipal Services

  • 346-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council authorize Municipal Services to proceed to obtain an appraisal to determine land value, and determine costs for legal review, survey preparation, encumbrances, and related expenses in order to advise Council and interested purchasing residents of the projected costs and recommended segmentation of the road allowance at a future regular meeting of Council to be determined.


    CARRIED

G. A. Plancke, Director of Municipal Services

  • Recommended Action
    347-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council receives the results of the MS17- 201 Tender identified as the installation of new watermain and appurtenances for Road 11 E, and to concur with the Town’s Engineering consultant to accept and award the Tender to Sherway Contracting (Windsor) Limited, for the Tender price of $444,444.44 plus HST and to authorize the Mayor and Clerk to execute the agreement and draft the appropriate authorizing by-law.


    CARRIED

G. A. Plancke, Director of Municipal Services

  • Recommended Action
    348-2018
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Tony Gaffan

    That Council concurs with Director of Municipal Services G. A Plancke to direct assign the planning, and engineering design service work required for the Lakefront Sanitary Interceptor twining through Lakeside Park project to Dillion Consulting Limited for the quoted price of $90,900.00 plus applicable taxes and disbursements; and to authorize the Director of Municipal Services to enter into a Professional Services Agreement with Dillon Consulting Limited for the above defined project.


    CARRIED

G. A. Plancke, Director of Municipal Services

  • Recommended Action
    349-2018
    Moved ByCouncillor Thomas Neufeld
    Seconded ByDeputy Mayor Gord Queen

    That Council approves the revised Supervisor of Municipal Facilities and Property job description.


    CARRIED

G. A. Plancke, Director of Municipal Services

  • Recommended Action
    350-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council receives the updated information presented, and to recommend Concept 2 to Amico Properties Inc. as the preferred alternative for the proposed West Side Collector Road, and further to continue dialogue with Amico Properties to determine the cost sharing agreement details related to the West Side Collector Road, and Trunk watermain to be included in a future Development Agreement which will be considered at a future regular meeting of Council.


    CARRIED

R. Brown, Manager of Planning Services

  • Recommended Action
    351-2018
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Larry Patterson

    That Council approves a licensed patio on the municipal right-of-way for 16 Main St. W. for an initial term of one year subject to the owner entering into an appropriate use agreement with the Town including the provision of the necessary monetary contribution to cover establishment and maintenance of the necessary temporary infrastructure.


    CARRIED

R. Brown, Manager of Planning Services

  • Recommended Action
    352-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council approves Site Plan Amendment SPA/20/18, for lands located at 86 and 106 Wigle Avenue, subject to the conditions outlined in the site plan agreement, for a phased commercial/industrial storage development consisting of a total of 4,842.2 sq. m (52,122.7 sq. ft.) of new buildings and authorize the Mayor and Clerk to sign the site plan agreement and register said agreement on title.


    CARRIED

P. Van Mierlo-West, CAO

  • Recommended Action
    353-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council receives the report titled Municipal Funding Agreement – Ontario’s Main Street Revitalization Initiative dated May 23, 2018 regarding the Municipal Funding Agreement for the Ontario’s Main Street Revitalization Initiative Program and that the Mayor and Clerk are directed to sign the agreement.


    CARRIED
  • Recommended Action
    354-2018
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Thomas Neufeld

    That Council adopts Regular Meeting of Council Minutes dated May 14, 2018, and Regular "Closed Session" Meeting of Council Minutes dated May 14, 2018.


    CARRIED
  • Recommended Action
    355-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council receives Tourism and Economic Development Committee Meeting Minutes dated March 8, 2018


    CARRIED
  • Recommended Action
    356-2018
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Tony Gaffan

    That Council receives Union Water Supply System Joint Board of Management Meeting Minutes dated April 4, 2018


    CARRIED
  • Recommended Action
    357-2018
    Moved ByCouncillor Thomas Neufeld
    Seconded ByDeputy Mayor Gord Queen

    That Council receives Committee of Adjustment Meeting Minutes dated April 17, 2018


    CARRIED

Deputy Mayor Queen advised that at a recent PRAC meeting presentations were received by members of the Tennis Association and members of the Pickle Ball group. He stated that staff will be involved in working out a plan for the future. He wanted Council to be aware of the Recommendations so that it can be addressed in a timely manner.

  • Recommended Action
    359-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council reads By-law 59-2018, being a by-law to provide for the construction of a bridge over the 9th Concession Road Drain, Owner: Thomas and Melissa Neufeld and Kottoor Investments Inc. (530-01900 and 530-01830), in the Town of Kingsville, in the County of Essex, a first and second time.


    CARRIED
  • Recommended Action
    360-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council reads By-law 60-2018, being a by-law to provide for the construction to replace and improve the Road 10 Crossing Over the Patterson Drain, in the Town of Kingsville, in the County of Essex, a first and second time.


    CARRIED

By-law 63-2018, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/08/18; 1507 Road 3 East) was Deferred.

  • Recommended Action
    361-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council reads By-law 64-2018, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (1000 County Road 34, ZBA/09/18) a first, second and third and final time.


    CARRIED

By-law 65-2018, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/10/18; 2415-2495 County Road 18--Road 4 East) was Deferred.

  • Recommended Action
    362-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council reads By-law 68-2018, being a By-law authorizing the entering into of a Municipal Funding Agreement with The Association of Municipalities of Ontario in order to participate in Ontario's Main Street Revitalization Initiative a first, second and third and final time.


    CARRIED
  • Recommended Action
    363-2018
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Larry Patterson

    That Council, at 10:51 p.m., enter into Closed Session to address the following item:

    1) Section 239(2)(d) labour relations or employee negotiations; being update pertaining to the status of part-time collective agreement negotiations.


    CARRIED

Upon rising from Closed Session at 10:57 p.m., Mayor Santos reported that Council received update reports on two matters, being Closed Session Items B.1 and P.1 as listed above, as follows:

P.1) Verbal update from CAO P. Van Mierlo-West pertaining to the status of the part-time collective agreement negotiations; and

B.1) Update report from Solicitor J. Hewitt regarding the status of an application for expropriation of a portion of waterfront lands for park purposes.

Mayor Santos reported that Council provided direction to Solicitor Hewitt in regard to the expropriation matter.

  • Recommended Action
    364-2018
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council reads By-law 69-2018, being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its May 28, 2018 Regular Meeting, a first, second and third and final time.


    CARRIED
  • Recommended Action
    365-2018
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Larry Patterson

    That Council adjourns this Regular Meeting at 10:57 p.m.


    CARRIED
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