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
  • P. Valore, Chief Building Official
  • R. Baines, Deputy Clerk - Administrative Services
  • D. Wolicki, Manager of Municipal Facilities and Property
  • J. Norton, CAO
  • John Quennell, Deputy Fire Chief

Mayor Santos, in attendance at the Council Chambers, called the Regular Meeting to order at 6:01 p.m. All other members of Council participated in the meeting through video conference technology from remote locations, except Councillor Lucier who participated in the meeting by telephone.

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 welcomed and introduced Ms. Mary Ellen Bench, the Town's Integrity Commissioner.

Mary Ellen Bench presented the PowerPoint presentation entitled Council, Committee and Board Code of Conduct and the Integrity Commissioner, including the role of the Integrity Commissioner, key principles identified in the Council Code of Conduct, the complaint process, and other items.  

  • 311-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council receives the presentation of  Mary Ellen Bench, Town of Kingsville Integrity Commissioner, entitled Council, Committee and Board Code of Conduct and the Integrity Commissioner.



    CARRIED

K. Brcic, Town Planner

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment, dated April 19, 2021;

ii) Report of K. Brcic dated April 26, 2021;

iii) Proposed By-law 41-2021, being a By-law to amend By-law No. 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

Ms. Brcic presented the Planning Report and recommendation, indicating that the Applicant is seeking an amendment to the current zoning to permit a residential dwelling to be constructed on the site. 

Comments from the Applicant's Solicitor:

William Good (Scaddan & Jakob LLP) representing the Applicant (Giuseppe Quadrini) and also representing, Norm Zorzit, an abutting neighbour who submitted correspondence in support of the application.

Mr. Good stated that he is in support of the Planner's recommendation presented this evening. He confirmed that his client has gone through multiple studies and soil test samples and the property is free and clear of any contaminants. He indicated that setbacks are best dealt with during site plan review. 

Comments from the Public:

Norm Zorzit commented that he and his wife have lived at the property at the corner of the Inman Sideroad and County Road 34 East since 1980, and his wife since 1950. He indicated that any contaminants were removed and properly disposed of. He indicated he is in support of the application at this time, stated he was present at the meeting nine years ago when this application was rejected, that the cattle are gone, there has been no farm expansion for cattle, and he does not believe there will be any expansion.

Bruce Boyd, 367 County Road 34 E indicated that he in fact had cattle in his barns until about a year ago and that the only thing that has happened on this property is that it has become a dump site and further, that the current owner has been draining his land onto Mr. Boyd's and he had to disconnect the drain. He stated that he wants the right to farm and understands from the planner that he is being limited to what he can do on his farm. He stated that the application does not comply with provincial law, and is concerned that if the application is approved, he will receive noise complaints, complaints about livestock, and complaints about general farming operations (weed control/spraying). He asked for clarification as to the number of livestock he would be allowed to have and commented that he was of the understanding that a home could not be built within 1,000 feet of his barns. He asked that Council deny the application, but if the application proceeds, that the property be cleaned up.

Mr. Brown explained the legislative updates and the minimum distance separation calculations in terms of setbacks for livestock and that the 1,000 foot setback is a dated requirement, and no longer applies. There are a number of factors that are taken into consideration to calculate the minimum distance separation requirements under the Nutrient Management Act.

Solicitor Good indicated he attended the site and there is a ditch that is approximately 2 1/2 feet deep on the applicant's property surrounding the fence perimeter. The ditch directs water to the ditches that abut the main roads. He suggested that all of the road and the property would have to be flooded for any water from the applicant's site to go on the adjacent parcel.  

Mr. Boyd explained that the headland furl is on his property, it is not a ditch; the school property was higher in that corner so he was forced to do that. The fence is on his property to keep the cattle in. He reiterated his drainage concerns.

  • 312-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council not approve the Zoning By-law Amendment Application ZBA/04/21 to amend the zoning of the subject parcel given the setbacks as shown on Appendix C of the Report of Town Planner K. Brcic.



    LOST
  • 313-2021
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Tony Gaffan

    That Council approves Zoning By-law Amendment Application ZBA/04/21 to amend the zoning of the subject parcel, Part Lot 264, Concession NTR, Part 1 RP 12R 25434, known as 380 Inman Side Road in the Town of Kingsville, being 'Agriculture-Exception 52 (A1-52)' to permit the construction of a residential dwelling and adopt the implementing by-law.



    CARRIED

    Following the discussion, Mayor Santos called for a brief recess due to technical difficulties being experienced with the video streaming. The technical issue was resolved, and the meeting reconvened in live video stream mode at 7:08 p.m.


Mayor Santos indicated there were two requests for delegation status to speak on the Main Street East Interim Control By-law Staff Report (Agenda Item I.1); one request from Patty and Henry Van Minnen; and one from Tony Youseff.

  • 314-2021
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Larry Patterson

    That Council waive the requirements of the Procedure By-law and allow Patty Van Minnen and Henry Van Minnen to speak as a delegation at this Regular Meeting.

     



    CARRIED

    Ms. Van Minnen indicated her opposition to the proposed interim control by-law, which affects the property she intends to build on (190 Main St. East). They are within a few weeks to build their apartment building, and asked whether this would affect them in obtaining a building permit. Mr. Brown explained that the by-law would have the effect of pausing her development, but it would not undo what was already approved. She also addressed Council in regard to access availability (i.e. the potential connection at Woodycrest in the future) to take some of the impact off of Main St. in the event that there is any development proposed at the existing Kingsville District High School location. Mr. Van Minnen stated that if their project was paused, they would not consider allowing the north access.


  • 315-2021
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Larry Patterson

    That Council waives the requirement of the Procedure By-law and allow Tony Youssef to speak as a delegation at this Regular Meeting.



    CARRIED

    Tony Youssef, owner of 195 Main St. East (property to the south of the existing Kingsville District High School location) objected to the proposed Interim Control By-law. He indicated that 3 or 4 months ago he began preliminary conversations with Mr. Brown and Mr. Plancke regarding a proposed subdivision. A concept plan was submitted for the subdivision. He retained an architect who provided the first concept plan. He is not asking for any access to Main St. for the subdivision to the south. He's asking for consideration that the north part of the property only be affected by this interim by-law and that he be allowed to continue his development to the south. The property to the south does not affect Main St. directly. Council viewed a draft concept plan onscreen for the apartment/condo.  


  • 316-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council receives the presentation of Tony Youssef, resident.



    CARRIED

    Deputy Mayor Queen added a Notice of Motion.


  • 317-2021
    Moved ByCouncillor Tony Gaffan
    Seconded ByDeputy Mayor Gord Queen

    That Council receives Town of Kingsville Accounts for the monthly period ended April 30, 2021 being TD cheque numbers 0076276 to 0076436 for a grand total of $750,696.23.



    CARRIED

R. Brown, Manager of Planning Services.

  • 318-2021
    Moved ByCouncillor Kimberly DeYong
    Seconded ByDeputy Mayor Gord Queen

    That Council directs that the question be divided.



    CARRIED
  • 319-2021
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Tony Gaffan

    That Council establish a secondary plan study area for the lands outlined in the attached interim control bylaw, Schedule "A", and directs Administration to begin preparation of a secondary plan, hereinafter referred to as the Main St. E. Secondary Plan Area.



    CARRIED

    A recorded vote was requested.


  • 320-2021
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Tony Gaffan

    That Council approve and adopt the interim control by-law, including Schedule "A" affecting only those lands outlined in Schedule "A" and for the time period outlined in the by-law, with the exception of and excluding 190 Main St. East, 224 Main Street East, and the southern portion of 195 Main St. East; and with the frontage on 195 Main Street East to be maintained within the interim control by-law.


    ForAgainst
    Mayor Nelson SantosX
    Councillor Tony GaffanX
    Deputy Mayor Gord QueenX
    Councillor Thomas NeufeldX
    Councillor Larry PattersonX
    Councillor Kimberly DeYongX
    Councillor Laura LucierX
    Results43

    Vote Type: Majority (Voted), Recorded

    CARRIED (4 to 3)

    Mayor Santos called for a brief recess at 8:29 p.m. and the meeting reconvened at 8:37 p.m.


T. Del Greco, Manager of Engineering

  • 321-2021
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Kimberly DeYong

    That Council awards the Road 2 East Reconstruction Tender (Phase 1) to J&J Lepera Infrastructures in the amount of $5,825,000 (excluding HST) and authorizes the Mayor and Clerk to execute the requisite agreement.



    CARRIED

D. Wolicki, Manager of Municipal Facilities and Property

  • 322-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council approves the proposal submitted by New World Park Solutions in the amount of $54,665.92 (excluding HST) for the supply and installation of playground equipment at Cottam Rotary Park;

    And that Council approves the proposal submitted by New World Park Solutions in the amount of $75,820.24 (excluding HST) for the supply and installation of playground equipment at Ruthven Park.



    CARRIED

S. Martinho, Manager of Public Works and Environmental Services

  • 323-2021
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Thomas Neufeld

    That Council appoints N. J. Peralta Engineering Ltd. to design a drain enclosure for the Mucci Farms development adjacent to the Fleming Wigle Drain.



    CARRIED

S. Martinho, Manager of Public Works and Environmental Services

  • 324-2021
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Kimberly DeYong

    That Council approves allotting up to a maximum of 350 person-hours per annum in the Public Works Department to support enhanced beautification and streetscape works in the BIA district.



    CARRIED
  • 325-2021
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Tony Gaffan

    That Council waives the Kingsville BIA’s rent from March 1, 2021 through December 31, 2021.



    CARRIED
  • 326-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council receives the Report of Nelson Santos, Mayor and Chair of the Kingsville Police Services Board dated April 29, 2021 for information;

    And Further That Council confirms that The Corporation of the Town of Kingsville wishes to maintain representation on the new detachment board;

    And Further That Council directs our Mayor and CAO to communicate the concerns of Administration articulated on page 203 of the Agenda to the local affected municipalities, but does not endorse the proposed composition for the new Essex County Detachment Board as provided in the report;

    And further that this resolution and report be circulated to each municipality and current police service board for their information.



    CARRIED
  • 327-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council endorses the Municipality of Leamington to act as the host municipality for the 2020-2021 Dedicated Gas Tax Funds for Public Transportation Program on the Town of Kingsville's behalf.



    CARRIED
  • 328-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council instructs the Clerk of the municipality to remove 49 Division St. North from the Register of Properties of Cultural Heritage Value or Interest.



    CARRIED
  • 329-2021
    Moved ByCouncillor Tony Gaffan
    Seconded ByDeputy Mayor Gord Queen

    That Council adopts Special Meeting of Council Minutes dated April 19, 2021, Regular Meeting of Council Minutes dated April 26, 2021 and Regular Closed Session Meeting of Council Minutes dated April 26, 2021.



    CARRIED
  • 330-2021
    Moved ByCouncillor Larry Patterson
    Seconded ByDeputy Mayor Gord Queen

    That Council receives Union Water Supply System Joint Board of Management Meeting Minutes dated March 17, 2021.



    CARRIED
  • 331-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Kimberly DeYong

    That Council receives Police Services Board Meeting Minutes dated March 24, 2021.



    CARRIED
  • 332-2021
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Tony Gaffan

    That Council receives Business Correspondence-Informational Items 1 through 9.



    CARRIED
  • 333-2021
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Kimberly DeYong

    That Council supports City of Brantford resolution RE: request to withdraw prohibition of golf.



    CARRIED

Deputy Mayor Queen indicated that at the next Regular Meeting of Council he may move, or cause to have moved, that Council consider and discuss the advisability or possibility of changing the park by-law curfew to 'dusk' for the Lions Park site for the year 2021.

Mr. Brown indicated that after reviewing past correspondence with the applicant and the Town, the business operating at 71 Division St. North is operating in compliance with the home occupation regulations based on the information that he has been provided.

  • 334-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Kimberly DeYong

    That Council receives the update information as provided by Robert Brown, Manager of Planning Services re: 71 Division St. North.



    CARRIED

P.

  • 335-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council reads By-law 32-2021, 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 a first, second and third and final time.



    CARRIED
  • 336-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council reads By-law 41-2021, being a By-law to amend By-law No. 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/04/21) a first, second and third and final time.



    CARRIED
  • 337-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council reads By-law 42-2021, being a by-law to establish Interim Control on certain land uses within The Corporation of the Town of Kingsville, as amended, a first, second and third and final time.



    CARRIED
  • 338-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Kimberly DeYong

    That Council, at 9:53 p.m., pursuant to Subsection 239(2) of the Municipal Act, 2001, enter into Closed Session to address the following items:

    i) Subsection 239(2)(e) litigation or potential litigation affecting the municipality, and Subsection 239(2)(f) advice that is subject to solicitor-client privilege RE: Update RE: Car wash and laundromat operating at 281 Main St. East; and

    ii) Subsection 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality; being an update regarding 183 Main St. East, Kingsville.



    CARRIED
  • 339-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Kimberly DeYong

    That Council extends the meeting beyond 10:00 p.m.



    CARRIED

Upon rising from Closed Session at 10:25 p.m. Mayor Santos reported as follows:

Q.i) Council received an information update and provided direction to Administration regarding the Car Wash and Laundromat operating at 281 Main St. East;

Q.ii) Council received an information update RE: 183 Main St. East, Kingsville.

  • 340-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council reads By-law 43-2021, being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its May 10, 2021 Regular Meeting a first, second and third and final time.



    CARRIED
  • 341-2021
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Thomas Neufeld

    That Council adjourns this Regular Meeting at 10:26 p.m.



    CARRIED
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