REGULAR MEETING OF COUNCIL

MINUTES

Meeting #:
Date:	Monday, July 23, 2018
Time:	7:00 P.m. - 8:00 P.m.
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 Larry Patterson

Members of Administration

• J. Astrologo, Director of Corporate Services
• R. Brown, Manager of Planning Services
• T. Del Greco, Municipal Services Manager
• S. Kitchen, Deputy Clerk-Council Services
• R. McLeod, Director of Financial Services
• P. Van Mierlo-West, CAO

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A.

CALL TO ORDER

Mayor Santos called the Regular Meeting to order at 7:00 p.m.

B.

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 singing of O'Canada.

C.

PLAYING OF NATIONAL ANTHEM

D.

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.

E.

PRESENTATIONS/DELEGATIONS

1.

Dr. Lydia Miljan, Chair, Kingsville Municipal Heritage Advisory Committee

Dr. Miljan presented the Report regarding the Committee's recommendation for heritage designation of The Christopher Dresser House by way of a PowerPoint presentation.

• Recommended Action
  439-2018
  Moved By Deputy Mayor Gord Queen
  Seconded By Councillor Larry Patterson

  That Council receives correspondence from property owners consenting to have the property municipally known as 192 County Road 14 designated by the Town of Kingsville as a heritage building under the Ontario Heritage Act and further, that Council authorizes Publication of Notice of Intention to Designate.

  
  CARRIED

F.

MATTERS SUBJECT TO NOTICE

1.

PUBLIC MEETING--Application for Official Plan Amendment OPA/02/18 & Zoning By-law Amendment Application ZBA/11/18 by Pratt, Finch & Jones Ltd. 436 County Road 27 E Part of Lot 13, Concession 11

Robert Brown, Manager of Planning Services

i) Notice of Complete Application and Public Meeting: Official Plan Amendment and Zoning By-law Amendment, dated June 29, 2018;

ii) Report of R. Brown, dated June 22, 2018 including attached appendices A to C;

iii) Proposed By-law 82-2018 (Official Plan Amendment No. 8) and proposed By-law 83-2018, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville

Comments from the audience:

Joanne Winger, Cottam Resident asked whether the municipal address (436 County Road 27 East) is correctly identified as County Road 27 runs in a north/south direction.  Mr. Brown explained that the property is registered in that manner by the Municipal Property Assessment Corporation (MPAC).  

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

• Recommended Action
  440-2018
  Moved By Deputy Mayor Gord Queen
  Seconded By Councillor Tony Gaffan

  That Council:

  Adopt Official Plan Amendment No. 8 (OPA 8) to establish a site-specific policy area to permit the creation of one (1) new rural residential lot on the property currently known as 436 County Road 27 E, Part of Lot 13, Concession 11, in the Town of Kingsville and direct Administration to forward the policies to the County of Essex for final approval;

  And that Council approve Zoning By-law amendment application ZBA/11/18, to implement OPA 8, once final approval is granted by the County of Essex, and rezone the lands to be severed to an appropriate ‘Rural Residential, (RR)’ classification.

  
  CARRIED

G.

AMENDMENTS TO THE AGENDA

Deputy Mayor Queen added one announcement, and Councillor Patterson added one unfinished business item.

H.

STAFF REPORTS

1.

Application for Site Plan Approval SPA/06/18 by Mucci Farms Ltd. – 1893 Talbot Road Part of Lots 11 & 12, Concession 2 ED

R. Brown, Manager of Planning Services

• Recommended Action
  441-2018
  Moved By Councillor Larry Patterson
  Seconded By Councillor Tony Gaffan

  That Council approve site plan application SPA/06/18 for lands located at 1893 Talbot Road, Part of Lots 11 and 12, Concession 2 ED, subject to the conditions outlined in the associated site plan agreement, for a two phase greenhouse development consisting of a total of 4.45 ha (10.98 ac.) of greenhouse space, a 5,988 sq. m (64,456 sq. ft.) Service Building and 1,246.8 sq. m (13,421 sq. ft.) bunk house and authorize the Mayor and Clerk to sign the site plan agreement and register said agreement on title.

  
  CARRIED

2.

Application for Redline Amendment of Draft Plan of Subdivision Remark Farms Subdivision – Edward Remark and Sons Ltd. - SPA/02/18 County File # 37-T-13001

R. Brown, Manager of Planning Services

• Recommended Action
  442-2018
  Moved By Deputy Mayor Gord Queen
  Seconded By Councillor Tony Gaffan

  That Council support the proposed redline revision to the Remark Farms Draft Plan of Subdivision (County of Essex File #37-T-13001) reducing the total lots from a combination of single-detached and semi-detached dwellings totaling 191 units to 59 single detached dwelling lots as shown on the attached plan inclusive of the amended street layout.

  
  CARRIED

3.

Application for Redline Amendment of Draft Plan of Subdivision Sunvalley Estates Subdivision – Armando Mucci & Lori Cervini

R. Brown, Manager of Planning Services

• Recommended Action
  443-2018
  Moved By Councillor Tony Gaffan
  Seconded By Councillor Larry Patterson

  That Council support the proposed redline revision to the Sunvalley Estates Draft Plan of Subdivision (County of Essex File #37-T-12001) for the Regent Street extension including Lots 29 to 44 as shown on the attached plan.

  
  CARRIED

4.

Lighting Impact, Control & Regulation

R. Brown, Manager of Planning Services

• Recommended Action
  444-2018
  Moved By Deputy Mayor Gord Queen
  Seconded By Councillor Tony Gaffan

  That Council receive the Report of R. Brown, Manager of Planning Services, dated July 5, 2018, on Lighting Impact, Control and Regulation for information purposes; and that Council direct staff to begin implementing the six-step plan to implement better lighting control and regulation through the existing site plan approval and monitoring process.

  
  CARRIED

5.

Mettawas Park – Architecture / Engineering Services RFP

T. Del Greco, Manager of Municipal Services

A motion by Deputy Mayor Queen to move the recommended action was not seconded. 

• Recommended Action
  445-2018
  Moved By Deputy Mayor Gord Queen
  Seconded By Councillor Larry Patterson

  That Council Defer the Report of T. Del Greco, Manager of Municipal Services, dated July 17, 2018 (wherein Administration is seeking approval to award the Mettawas Park Architecture / Engineering Services contract to Ron Koudys Landscape Architects Incorporated) for thirty (30) days.

  
  CARRIED

6.

Lions Park Master Plan for Development

T. Del Greco, Manager of Municipal Services

• Recommended Action
  446-2018
  Moved By Deputy Mayor Gord Queen
  Seconded By Councillor Larry Patterson

  That Council endorse the drawing as attached in Appendix C to the Report of T. Del Greco, Manager of Municipal Services (RE: Lions Park Master Plan) as the final master plan for future development of Lions Park and consider costs of construction during 2019 Municipal Budget deliberations.

   

  
  CARRIED

7.

2nd Quarter Report

P. Van Mierlo-West, CAO

• Recommended Action
  447-2018
  Moved By Councillor Larry Patterson
  Seconded By Councillor Tony Gaffan

  That Council receive the 2nd Quarter Report of CAO P. Van Mierlo-West, dated June 26, 2018 for information.

  
  CARRIED

I.

BUSINESS/CORRESPONDENCE-ACTION REQUIRED

1.

Rotary Club of Cottam--Correspondence from Dan Levy, President dated July 17, 2018 RE: Request for support of Annual Horse Show and Fall Festival Program Booklet

• Recommended Action
  448-2018
  Moved By Deputy Mayor Gord Queen
  Seconded By Councillor Larry Patterson

  That Council authorize the purchase of a full-page advertisement in the Rotary Club of Cottam's program booklet in support of its Annual Horse Show and Fall Festival.

  
  CARRIED

J.

MINUTES OF THE PREVIOUS MEETINGS

1.

Regular Meeting of Council--July 9, 2018

• Recommended Action
  449-2018
  Moved By Deputy Mayor Gord Queen
  Seconded By Councillor Tony Gaffan

  That Council adopts Regular Meeting of Council Minutes dated July 9, 2018.

  
  CARRIED

K.

MINUTES OF COMMITTEES AND RECOMMENDATIONS

• Recommended Action
  
  

1.

Committee of Adjustment - May 15, 2018

• Recommended Action
  450-2018
  Moved By Deputy Mayor Gord Queen
  Seconded By Councillor Tony Gaffan

  That Council receive Committee of Adjustment Meeting Minutes dated May 15, 2018

  
  CARRIED

2.

Parks, Recreation, Arts and Culture Committee - May 24, 2018

• Recommended Action
  451-2018
  Moved By Councillor Larry Patterson
  Seconded By Councillor Tony Gaffan

  That Council receive Parks, Recreation, Arts and Culture Committee Meeting minutes dated May 24, 2018 together with Minutes of the following sub-committees: Communities in Bloom, dated April 10, 2018; Migration Festival, dated April 10, 2018; and The 55+ Advisory, dated April 19, 2018

   

  
  CARRIED

3.

Kingsville B.I.A. - June 12, 2018

• Recommended Action
  452-2018
  Moved By Deputy Mayor Gord Queen
  Seconded By Councillor Tony Gaffan

  That Council receive Kingsville B.I.A. Meeting Minutes dated June 12, 2018

  
  CARRIED

4.

Kingsville Municipal Heritage Advisory Committee--June 13, 2018

• Recommended Action
  453-2018
  Moved By Deputy Mayor Gord Queen
  Seconded By Councillor Larry Patterson

  That Council receives Kingsville Municipal Heritage Advisory Committee Meeting Minutes dated June 13, 2018.

  
  CARRIED

5.

Union Water Supply System Joint Board of Management - June 20, 2018

• Recommended Action
  454-2018
  Moved By Deputy Mayor Gord Queen
  Seconded By Councillor Tony Gaffan

  That Council receive Union Water Supply System Joint Board of Management Meeting Minutes dated June 20, 2018

  
  CARRIED

L.

BUSINESS CORRESPONDENCE - INFORMATIONAL

1.

Doug Plumb, Resident--Correspondence dated July 15, 2018 RE: Sidewalk Construction on Queen Street from Stewart Street to Herrington-West Side

2.

Windsor-Essex County Health Unit--Correspondence from T. Marentette, Acting CEO, dated July 3, 2018 RE: The Smoke-Free Ontario Act, 2017--Delayed Implementation

3.

College of Physicians and Surgeons of Ontario--Correspondence dated July 2018 RE: Call for Nominations for the 2019 Council Award

• Recommended Action
  455-2018
  Moved By Councillor Tony Gaffan
  Seconded By Councillor Larry Patterson

  That Council receives Business Correspondence-Informational items 1 to 3 as presented.

  
  CARRIED

M.

NOTICES OF MOTION

1.

Councillor Neufeld may move, or cause to have moved:

That Council direct Administration to have a Town of Kingsville by-law enforcement officer on-call after hours for enforcement purposes, and that the costs of such additional enforcement services be incorporated into the 2019 municipal budget.

Mayor Santos indicated that Councillor Neufeld had requested via email today that this agenda item (#M-1) be deferred to the next Regular Meeting of Council.

2.

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

That Council ask Administration to develop and present an interim control by-law that would place on hold any further or future zoning changes related to medical marihuana growing applications, until such time as the Council of the Day can actually see and smell the success of the no smell and no night light effects at property lines as promised in current applications.

• Recommended Action
  456-2018
  Moved By Deputy Mayor Gord Queen
  Seconded By Councillor Larry Patterson

  That Council ask Administration to develop and present an interim control by-law that would place on hold any further or future zoning changes related to medial marihuana growing applications until such time as the Council of the Day can actually see and smell the success of the 'no smell' and 'no night light effects' at property lines as promised in current applications.

  
  CARRIED

3.

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

That Council request from Administration, and the representatives of our local Police Services Board, information or feedback regarding the signage at the intersection of Road 3 and the McCain Sideroad including whether the size of the existing signage is sufficient and whether more police presence is required.

• Recommended Action
  457-2018
  Moved By Deputy Mayor Gord Queen
  Seconded By Councillor Tony Gaffan

  That Council request from Administration, and the representatives of our local Police Services Board, information or feedback regarding the signage at the intersection of Road 3 and the McCain Sideroad including whether the size of the signage is sufficient and whether more police presence is required.

  
  CARRIED

N.

UNFINISHED BUSINESS, ANNOUNCEMENTS AND UPDATES

1. Deputy Mayor Queen announced that the Essex County Accessibility Advisory Committee is holding a 'Celebrate our Abilities' Walk and Event at the Vollmer Centre in LaSalle on July 28 at 10:30 a.m.

2. Councillor Patterson asked for an update from Administration pertaining to the status of KingsvilleWorks Service Request #13843 (RE: condition of bike lanes on Road 2 East between Division and Jasperson).

O.

BYLAWS

1.

By-law 82-2018

• Recommended Action
  458-2018
  Moved By Deputy Mayor Gord Queen
  Seconded By Councillor Tony Gaffan

  That Council read By-law 82-2018, being a By-law to amend the Official Plan of the Town of Kingsville (Official Plan Amendment No. 8) a first, second and third and final time.

  
  CARRIED

2.

By-law 83-2018

• Recommended Action
  459-2018
  Moved By Deputy Mayor Gord Queen
  Seconded By Councillor Larry Patterson

  That Council reads By-law 83-2018, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/11/18; 436 County Road 27 East) a first, second, third and final time.

  
  CARRIED

P.

CLOSED SESSION

• Recommended Action
  460-2018
  Moved By Councillor Larry Patterson
  Seconded By Councillor Tony Gaffan

  That Council, at 8:28 p.m., move into Closed Session to address the following item: Section 239(2)(c) a proposed or pending acquisition or disposition of land by the municipality, being Update Report of CAO P. Van Mierlo-West regarding the Town's proposed acquisition of land.

  
  CARRIED

Q.

REPORT OUT OF CLOSED SESSION

Upon rising from Closed Session at 8:32 p.m. Mayor Santos reported that Council received an update report from CAO P. Van Mierlo-West regarding the Town's proposed acquisition of land.

R.

CONFIRMATORY BY-LAW

1.

By-law 91-2018

• Recommended Action
  461-2018
  Moved By Deputy Mayor Gord Queen
  Seconded By Councillor Tony Gaffan

  That Council read By-law 91-2018, being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its July 23, 2018 Regular Meeting, a first, second and third and final time.

  
  CARRIED

S.

ADJOURNMENT

• Recommended Action
  462-2018
  Moved By Councillor Larry Patterson
  Seconded By Councillor Tony Gaffan

  That Council adjourn this Regular Meeting at 8:34 p.m.

  
  CARRIED