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 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
  • P. Van Mierlo-West, CAO

Mayor Santos called the Regular Meeting to order at 6:00 p.m. with all members of Council in attendance, save and except for Councillor Gaffan.

Solicitor Suzanne M. Porter was also in attendance in regard to Closed Session Item B.1.

  • 561-2019
    Moved ByCouncillor Laura Lucier
    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 items:

    B.1 Section 239(2)(e) litigation affecting the municipality, being an update Report by Solicitor Suzanne M. Porter regarding the status of Town of Kingsville et al. ats Wood; and

    Q.1 Section 239(2)(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality; being an update Report by Mayor Santos regarding a proposal to the Town.


    CARRIED

    Upon rising from Closed Session at 6:40 p.m., Mayor Santos called for a short recess.

    At 7:00 p.m. Mayor Santos reconvened this Regular Meeting with all members of Council present (Councillor Gaffan having arrived at 6:07 p.m.), along with the following Members of Administration: CAO P. Van Mierlo-West, Manager of Planning Services R. Brown, Director of Corporate Services/Clerk  J. Astrologo, Director of Municipal Services A. Plancke, Director of Financial Services R. McLeod, and Deputy Clerk-Council Services S. Kitchen


1.
Section 239(2)(e) litigation affecting the municipality, being an update Report by Solicitor Suzanne M. Porter regarding the status of Town of Kingsville et al. ats Wood.
 

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.

R. Brown, Manager of Planning Services

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment and Site Plan Approval, dated October 22, 2019;

ii) Supplementary Report of R. Brown, dated October 31, 2019;

iii) Report of R. Brown, dated September 23, 2019;

iv) Proposed By-law 90-2019, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

Mr. Brown presented his Supplementary Report, providing further information regarding review and follow-up on the placement of a new bunkhouse at 1775 Road 4 East (County Road 18) and the associated request for a  Zoning By-law Amendment and Site Plan Approval.

Comments from the Applicant's agent:

Ms. Tracey Pillon-Abbs, the Applicant's Planning Consultant, presented her Planning Opinion in Support of Zoning By-law Amendment ZBA/15/19 and Site Plan Control SPA/19/19, 1775 Road 4 East (County Road 18), Town of Kingsville.

Public Comments:

John Pavao, 1835 Road 4 East, commented that the property was purchased separately and asked why is it a separate lot, and not one large farm? He commented that the landscaping on the existing property is not great. He also asked why he needs the storage building located at the back of the lot.

Mr. Brown explained that the septic system on the existing property is at maximum capacity, and that the Applicant acquired the lot to build the house with a separate septic system.  The zoning specifically specifies that the bunkhouse is accessory to the greenhouse.

Rina Pavao, 1835 Road 4 East, also asked why the properties cannot be joined all together. The bunkhouse that's located on the existing property has been there for 2 years and there are no bikes, and no landscaping, and it's not very far to the property that he's joining, but if you go back, there is room there for a shed or another structure. She is concerned about the value of her home.

Mr. Brown stated that the only difference with this application is the size and cost of a septic system. There isn't room to accommodate a bunkhouse on the existing lot to the west, and he also commented that the bunkhouses should be placed in a location that is visible and accessible from the road.

  • 562-2019
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Laura Lucier

    That Council approves Zoning By-law Amendment Application ZBA/15/19 to rezone the subject property located at 1775 Road 4 E (County Road 18) from ‘Agriculture Zone 1 (A1)’ to a site-specific ‘ Agriculture Zone 1 Exception 78, (A1-78)’ to permit a stand-alone bunkhouse accessory to the a greenhouse at 1755 Road 4 E (County Road 18) and adopt the implementing by-law.


    CARRIED
  • 563-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council defers the approval of the Site Plan Application SPA/19/19 to a future Regular Meeting in order that Administration and the applicant can again review the location of the proposed new bunkhouse at 1775 Road 4 East (County Road 18).


    CARRIED

R. Brown, Manager of Planning Services

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment and Consent, dated October 21, 2019;

ii) Report of David French, Interim Town Planner, dated October 23, 2019;

iii) Proposed By-law 97-2019, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

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

  • 564-2019
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Larry Patterson

    That Council approves Consent Application B/14/19 to sever an existing dwelling, deemed surplus to the needs of the prospective purchaser, on a 0.802 ha (1.983 ac.) parcel, shown as Part 1 on the applicants’ sketch, subject to the following conditions:

    a) That a reference plan be deposited in the registry office, both an electronic and paper copy of the registered plan is to be provided for the files of the Secretary-Treasurer;

    b) That the deeds, such plan of survey or reference plan, for property lines being newly created, shall be in accordance with the existing zoning requirements for the municipality;

    c) That any special assessment imposed pursuant to the provisions of the Local Improvement Act and/or the Municipal Act be paid in full along with all municipal taxes be paid in full;

    d) That any necessary drainage reapportionments be undertaken;

    e) That as a result of severance, owners shall become liable by way of up front monies for the assessment and taxation of their properties for any waterworks or sanitary sewer systems affecting their properties, in accordance with the Fees By-law in effect on the date the consent is being endorsed on the deeds;

    f) That the severed and retained parcels be transferred to the purchaser, Henry Denotter, as outlined in the Agreement of Purchase and Sale;

    g) The Zoning By-law be amended to prohibit future dwellings on the retained farm parcel prior to the consent being endorsed on the deeds;

    h) That the applicant provide a letter of intent for the installation of a new joint access to the retained farm parcel and abutting farm to the east at the applicant's expense and to the satisfaction of the Town and/or County;

    i) That the applicant install a boundary ditch along the north and east lot lines of 1648 Road 2 W to redirect the existing surface drain along the west lot line of the retained parcel to the satisfaction of the Town;

    j) That the necessary deed(s), transfers or charges be submitted in triplicate; signed and fully executed (no photocopies), including a copy of the reference plan, prior to certification;

    k) The conditions imposed above shall be fulfilled by November 12, 2020 or this application shall be deemed to be denied in accordance with Section 53(41) of the Planning Act;

    and

    That Council approves Zoning By-law Amendment Application ZBA/16/19 to rezone the retained parcel, known as 1642 Road 2 West, Part of Lot C, Concession 2, WD, in the Town of Kingsville, from 'Agriculture (A1)' to 'Agriculture - Restricted (A2)' and adopt the implementing by-law.


    CARRIED

R. Brown, Manager of Planning Services

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment, dated October 21, 2019;

ii) Report of D. French, Interim Town Planner, dated November 4, 2019;

iii) Proposed By-law 99-2019, being a By-Law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

Mr. Brown clarified that the correct number for the ZBA file is ZBA/19/19, and the correct number for the Consent file is B/16/19.

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

  • 565-2019
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Larry Patterson

    That Council approves Consent Application B/16/19 to sever an existing dwelling, deemed surplus to the needs of the prospective purchaser, together with a wooded portion of land on a 6.63 ha (16.38 ac.) lot, shown as Parts 2 & 3 on the applicants’ sketch, subject to the following conditions:

    a) That a reference plan be deposited in the registry office, both an electronic and paper copy of the registered plan is to be provided for the files of the Secretary-Treasurer;

    b) That the deeds, such plans of survey or reference plan, for property lines being newly created, shall be in accordance with the existing zoning requirements for the municipality;

    c) That any special assessment imposed pursuant to the provisions of the Local Improvement Act and/or the Municipal Act be paid in full along with all municipal taxes be paid in full;

    d) That any necessary drainage reapportionments be undertaken;

    e) That as a result of severance, owners shall become liable by way of up front monies for the assessment and taxation of their properties for any waterworks or sanitary sewer systems affecting their properties, in accordance with the Fees By-law in effect on the date the consent is being endorsed on the deeds;

    f) That the severed and retained parcels be transferred to the purchaser, Larry Willis and Sons Inc., as outlined in the Agreement of Purchase and Sale, and consolidated with the abutting parcel to the east (PIN 75153-0073);

    g) The Zoning By-law be amended to rezone Part 3 on the applicants' sketch to recognize and protect the wooded area prior to the consent being endorsed on the deeds;

    h) That the necessary deed(s), transfers or charges be submitted in triplicate; signed and fully executed (no photocopies), including a copy of the reference plan, prior to certification;

    i) The conditions imposed above shall be fulfilled by November 12, 2020 or this application shall be deemed to be denied in accordance with Section 53(41) of the Planning Act;

    And That Council approves Zoning By-law Amendment Application ZBA/19/19 to rezone a portion of the severed parcel (Part 3 on the Applicants' sketch), in Part of Lot 21, Concession 10, in the Town of Kingsville from 'Agriculture (A1)' to 'Natural Environment (NE)' and adopt the implementing By-law.


    CARRIED

R. Brown, Manager of Planning Services

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment and Consent, dated October 21, 2019;

ii) Report of D. French, Interim Town Planner, dated November 4, 2019;

iii) Proposed By-law 100-2019, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

Comments from the audience:

Jolene Campbell, 38 Cameron Sideroad E. asked what is the current minimum required area for a farm. Mr. Brown responded that if you are creating a new farm the minimum size is 100 acres.

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

  • 566-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Kimberly DeYong

    That:

    Council approves Consent Application B/17/19 to sever and convey six separate portions of land, shown as Parts 1, 2, 3, 4, 5 & 6, on the applicant’s sketch, as lot additions to 5, 7, 9, 11, 13 & 15 Cameron Side Road, in Part of Lot 276, Concession NTR, in the Town of Kingsville, subject to the following conditions:

    1. That a reference plan be deposited in the registry office, both an electronic and paper copy to be provided for the files of the Secretary-Treasurer;
    2. That the owner shall provide that all municipal taxes be paid in full and that necessary apportionments be undertaken for any special assessment imposed pursuant to the provisions of the Local Improvement Act and/or the Municipal Act;
    3. That any necessary drainage reapportionments be undertaken;
    4. That the one-foot squares, shown on the applicant’s sketch as Parts 7, 8, 9, 10, 11 & 12 be conveyed to the Town free of charge and clear of all encumbrances;
    5. That as a result of severance, owners shall become liable by way of up front monies for the assessment and taxation of their properties for any waterworks or sanitary sewer systems affecting their properties, in accordance with the Fees By-law in effect on the date the consent is being endorsed on the deeds;
    6. That any new or revised municipal addressing being completed;
    7. That the lot addition lands, Parts 1, 2, 3, 4, 5 & 6 be respectively conveyed to and consolidated with the abutting lots located at 5, 7, 9, 11, 13 & 15 Cameron Side Road and that Section 50, (3) or (5) apply to any future consent.
    8. That the necessary deed(s), transfer or charges be submitted in triplicate; signed and fully executed (no photo copies), prior to certification.
    9. The conditions imposed above shall be fulfilled by November 20, 2020 for this application shall be deemed to be denied in accordance with Section 53(41) of the Planning Act; and

      That Council approves Zoning By-law Amendment Application ZBA/20/19 to rezone the portion of the severed parcel (Parts 1, 2, 3, 4,5 & 6 on the applicant’s sketch), in Part of Lot 276, Concession NTR, in the Town of Kingsville, from ‘Agriculture (A1-47)’ to ‘Rural Residential (RR)’, and to revise the existing Agriculture (A1-47) Zone to recognize the reduction in lot area and adopt the implementing by-law.


    CARRIED

Councillor Gaffan and Councillor Patterson each added one Announcement, and Deputy Mayor Queen added one Unfinished Business item.

R. McLeod, Director of Financial Statements

  • 567-2019
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Laura Lucier

    That Council receives Town of Kingsville Accounts for the monthly period ended October 31, 2019 being TD cheque numbers 070733 to 071024 for a grand total of $1,243,879.76.


    CARRIED

G. A. Plancke, Director of Municipal Services.

  • 568-2019
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Larry Patterson

    That Council grants “Final Acceptance” of the roadway and infrastructure for the York Phase 4A subdivision and further that;

    The Clerk provides formal notification to the Developer of Council’s granting of Final Acceptance of the York Phase 4A subdivision.


    CARRIED

    Director Plancke will confirm that the planting of trees is not part of this Development Agreement.


  • 569-2019
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Tony Gaffan

    That Council grants “Final Acceptance” of the roadway and infrastructure for the Winterberry Subdivision (Holly St. Cranberry St.) and further that;

    The Clerk provides formal notification to the Developer of Council’s granting of Final Acceptance of the Winterberry Subdivision.


    CARRIED

R. Brown, Manager of Planning Services

  • 570-2019
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Thomas Neufeld

    That Council approves the extension of Part Lot Control Exemption, By-law 101-2014, to allow Blocks 61 and 62 on Plan 12M 598 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 (By-law 98-2019) on title.


    CARRIED

R. Brown, Manager of Planning Services

  • 571-2019
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Tony Gaffan

    That:

    Council approves the requested Site Plan approval for the development of a 535 sq. m (5,760 sq. ft.) building for an indoor cannabis production facility (detailed in the site plan attached as Appendix A to the Report of R. Brown dated October 31, 2019), and subject to the conditions outlined in the Site Plan Agreement;

    And That Council requires a security deposit of 50% of the total cost of the odour control system to be deposited with the Town prior to the release of any building permits;

    And That Council authorizes the Mayor and Clerk to sign the Site Plan Agreement and register said Agreement on title.


    CARRIED

R.  Brown, Manager of Planning Services

  • 572-2019
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Tony Gaffan

    That Council:

    receives the Report of R. Brown, Manager of Planning Services, dated November 1, 2019 for information purposes on the request for Exemption from Plan of Condominium;

    And That Council supports, by Resolution, an exemption from Plan of Condominium by the County of Essex for the existing building located at 86 Wigle Ave., Part of Block A, Plan 432, Parts 6 & 7, RP 12R 25287, subject to the following condition:  that the Applicant provide an outline to the Director of Financial Services detailing the provisions being made to ensure that the payment of taxes is kept up-to-date until all units have been provided with individual assessment roll numbers.


    CARRIED
  • 573-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council receives letter of resignation from Ms. Mary Baruth, and directs Administration to amend the Appointment By-law to reflect such resignation from the Migration Festival Committee and that Mayor Santos send a letter of thanks to Ms. Baruth for her service.


    CARRIED
  • 574-2019
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Kimberly DeYong

    That Council adopts Special Meeting of Council Minutes dated October 23, 2019, Regular Meeting of Council Minutes dated October 28, 2019, and Regular 'Closed Session' Meeting of Council Minutes dated October 28, 2019.


    CARRIED
  • 575-2019
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Kimberly DeYong

    That Council receives Kingsville Municipal Heritage Advisory Committee Meeting Minutes dated July 17, 2019, August 19, 2019, September 4, 2019 and October 9, 2019.


    CARRIED
  • 576-2019
    Moved ByCouncillor Larry Patterson
    Seconded ByDeputy Mayor Gord Queen

    That Council receives Parks, Recreation, Arts and Culture Committee Meeting Minutes dated September 19, 2019 together with Minutes of the following sub-committees: Fantasy of Lights - August 6, 2019, Mettawas Fundraising - August 7, 2019, Migration Festival - August 20, 2019, Highland Games - June 12, 2019 and July 31, 2019.


    CARRIED
  • 577-2019
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Tony Gaffan

    That Council receives Police Services Board Meeting Minutes dated September 25, 2019.


    CARRIED
  • 578-2019
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Thomas Neufeld

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


    CARRIED
  • 579-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council directs and requests the staff to consider and develop a possible future Parks and Recreation Grant request that includes many of high priority items in the Parks and Recreation Master Plan, with a draft of details back to Council within nine (9) months, that we might be better prepared in the event that the Province and Federal levels of Government offer such a grant program, as was suggested, in future years The considerations should not be limited, but consider future generations in much the same manner as other towns in Essex County have with this current application process of November 12, 2019.


    CARRIED
  • 580-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Kimberly DeYong

    That Council asks that the Greenhouse Applications approved with site plans within the last two (2) years, each be reviewed for dark sky compliance as was required under the site plans. In the event any such sites have not installed the shade or curtains required, the staff shall report back to Council within ninety (90) days with the legal steps to get compliance.


    CARRIED

Deputy Mayor Queen asked about the status of Motion 337-2019 wherein Council requested that Administration research what the Town can do in regard to banning single use plastics. He requested an update by the end of the first quarter of 2020 on: What exactly is being defined as single use plastic? What, if any, feedback has been received from the food and beverage industry? and, When can we expect full implementation of the intent of this motion, a ban on single use plastics at all Town events?

Councillor Gaffan reminded of the Fantasy of Lights Festival opening celebrations starting on Saturday, November 16. Dinner with Santa will be held from 3:30 p.m. to 5:30 p.m. at Lakeside Park, followed by the Santa Claus parade at 6:00 p.m., light displays and fireworks.

Councillor Patterson thanked Municipal Services staff for their excellent work clearing the roads during yesterday's first snowstorm of the season.

P.

  • 581-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council read By-law 90-2019, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/15/19; Part of Lot 11, Concession 3, ED, Part 1, RP 12R-8331) a first, second and third and final time.


    CARRIED
  • 582-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council reads By-law 97-2019, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/16/19; 1642 Road 2 West, Part of Lot C, Concession 2, WD) a first, second and third and final time.


    CARRIED
  • 583-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council reads By-law 98-2019, 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 101-2014 (Royal Oak at the Creek Subdivision, Phase 8A-Plan 12M-598) a first, second and third and final time.


    CARRIED
  • 584-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council reads By-law 99-2019, being a By-law to amend By-law 1-2014, being the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/19/19; 570 Road 11, Part of Lot 21, Concession 10) a first, second and third and final time.


    CARRIED
  • 585-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Kimberly DeYong

    That Council reads By-law 100-2019, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/20/19; 406 County Road 34 West, Part of Lot 276, Concession NTR) a first, second and third and final time.


    CARRIED

Mayor Santos advised that Council met in closed session earlier this evening to address Items B.1 and Q.1.

He reported as follows:

Item B.1--Council provided direction to Solicitor Suzanne Porter in connection with the Town of Kingsville et al. ats Wood legal action; and,

Item Q.1--Council received an update on negotiations and received further instructions regarding a proposal for future consideration.

  • 586-2019
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council reads By-law 101-2019 being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its November 12, 2019 Regular Meeting a first, second and third and final time.


    CARRIED
  • 587-2019
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Kimberly DeYong

    That Council adjourns this Regular Meeting at 8:23 p.m.


    CARRIED
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