REGULAR MEETING OF COUNCIL
AGENDA

Monday, October 26, 2020 at 6:00 P.m. - 9:00 P.m.

Council Chambers

2021 Division Road N

Kingsville, Ontario N9Y 2Y9

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A.

CALL TO ORDER

In light of the ongoing COVID-19 pandemic, this Regular Meeting of Council is being held electronically. Members will meet via electronic participation. Members of the public can view the meeting at www.kingsville.ca/meetings and select the VIDEO icon. 

B.

DISCLOSURE OF PECUNIARY INTEREST

When a member of Council has any pecuniary interest, direct or indirect, in any matter which is the subject of consideration at this Meeting of Council (or that was the subject of consideration at the previous Meeting of Council at which the member was not in attendance), the member shall disclose the pecuniary interest and its general nature, prior to any consideration of the matter.

C.

PRESENTATIONS/DELEGATIONS

1.

6:00 p.m. to 7:00 p.m. Regional Community Wide Safety Plan Development Engagement Meeting--Leonardo Gil, CSWB Project Manager (City of Windsor Social Policy and Planning Dept.) and City of Windsor Commissioner Jelena Payne

SEE: PowerPoint presentation entitled 'Windsor-Essex Regional Community Safety and Well-Being Plan; Town of Kingsville Presentation'

D.

CLOSED SESSION

Pursuant to section 239(2) of the Municipal Act, 2001, Council will enter into Closed Session to address the following items:

i) Subsection 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; being an update Report of Director of Corporate Services J. Astrologo RE: LPAT File PL 20290;

ii) Subsection 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; being legal advice in connection with the proposed Odours and Light Nuisance By-law;

iii) Subsections 239(2)(b) personal matters about identifiable individuals, including municipal employees and  239(3.1) an education or training session to be held for the purpose of educating or training, at which meeting no member will discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of council RE:  Motion Tracking Tool used by Administration.

E.

MATTERS SUBJECT TO NOTICE

1.

PUBLIC MEETING--Application for Zoning By-law Amendment ZBA/11/20 by Pigeon Bay Home Construction 595 Malo St. Lots 76 & 77, Plan 1434 Roll No. 3711 270 000 06505

K. Brcic, Town Planner

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment dated October 6, 2020;

ii) Report of K. Brcic dated October 16, 2020;

iii) Proposed By-law 97-2020, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

• Recommended Action

  That Council approves Zoning By-law Amendment application ZBA/11/20 to rezone the subject parcel, Lots 76 and 77 on Plan 1434, known as 595 Malo Street in the Town of Kingsville, from ‘Lakeshore Residential (LR)’ to ‘Lakeshore Residential Exception 34 (LR-34)’; to permit a four-unit townhouse, establish site-specific regulations and adopt the implementing by-law.

2.

PUBLIC MEETING--Application for Zoning By-law Amendment ZBA/12/20 by Pigeon Bay Home Construction V/L Malo St. Lots 72 & 73, Plan 1434 Roll No. 3711 270 000 06500

K. Brcic, Town Planner

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment dated October 6, 2020;

ii) Report of K. Brcic dated October 16, 2020;

iii) Proposed By-law 98-2020, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

• Recommended Action

  That Council approves Zoning By-law Amendment Application ZBA/12/20 to rezone the subject parcel, Lots 72 and 73 on Plan 1434, known as V/L Malo Street in the Town of Kingsville, from ‘Lakeshore Residential (LR)’ to ‘Lakeshore Residential Exception 35 (LR-35)’; to permit a semi-detached dwelling, establish site-specific regulations and adopt the implementing by-law.

F.

AMENDMENTS TO THE AGENDA

G.

STAFF REPORTS

1.

Kingsville Pickleball and Bocce Facility RFP

D. Wolicki, Manager of Municipal Facilities and Property

• Recommended Action

  That Council endorses the proposed Pickleball and Bocce Court facility located at 1741 Jasperson Lane;

  And That, Council directs Administration to proceed with the competitive bidding process prior to year-end to allow for construction to commence in early 2021;

  And That, Council provides consent to eliminate the proposed bocce courts from the concept Master Plan for the future development of Lions Park as presented at the July 23, 2018 Regular Meeting of Council.

2.

Application for Site Plan Amendment SPA/17/2020 by Hillside Hothouse Limited; 1533, 1535, 1537, 1539 and 1541 County Road 34 E, Part of Lot 9, Concession 3 ED

R. Brown, Manager of Planning Services

• Recommended Action

  That Council:

  Approves Site Plan Amendment Application SPA/17/2020 to permit a new bunkhouse and addition for new cooler and loading area for existing greenhouse operation, subject to: Amended terms in the Site Plan Agreement, and Approval of Minor Variance Application A/14/2020;

  And Authorizes the Mayor and Clerk to sign the Amending Agreement and register said Agreement on title.

3.

Animal Control Services Contract Extension

R. Baines, Deputy Clerk-Administrative Services

• Recommended Action

  That the current contract between the Town of Kingsville, Municipality of Leamington and Essex County K9 Services for Animal Control Services for the Town of Kingsville and Municipality of Leamington be extended for a three year term commencing on January 1, 2021 at the annual cost of $80,000, plus HST for years one and two and $81,600 for year three; and a cost of $70, plus HST for each wildlife removal call.

4.

Procedure By-law Amendments – Start Times and Closed Session

J. Astrologo, Director of Corporate Services

• Recommended Action

  That Council directs Administration to amend the Procedure By-law to reflect the start time for Regular Meetings of Council to commence at 6:00 p.m. (with a curfew time of 10:00 p.m.) to be effective January 1, 2021, and that Public Notice of said change be provided on the Town’s website and social media pages; and

  That Council adopts Amending By-law 99-2020 at this Regular Meeting.

5.

Lighting and Odour Nuisance By-law

J. Norton, CAO

• Recommended Action

  That Council adopts By-law 96-2020, being a By-law to Prohibit and Regulate Public Nuisances related to odours and lighting from the cultivation of plants within the Town of Kingsville;

  And That Council authorize enforcement of the By-law with an additional $25,000 in overtime, and approval $25,000 in legal enforcement costs.

H.

BUSINESS/CORRESPONDENCE-ACTION REQUIRED

1.

Gosfield North Sportsmen Association--Correspondence dated September 20, 2020 RE: 2021 Hunting Fees

• Recommended Action

  That Council authorizes Administration to include the proposed pheasant hunting licence fees in the 2021 fees and charges by-law.

I.

MINUTES OF THE PREVIOUS MEETINGS

1.

Regular Meeting of Council--October 13, 2020

2.

Regular Closed Session Meeting of Council--October 13, 2020

3.

Special Meeting of Council--October 16, 2020

4.

Special Closed Session Meeting of Council--October 16, 2020

J.

MINUTES OF COMMITTEES AND RECOMMENDATIONS

1.

Tourism and Economic Development Committee--September 10, 2020

• Recommended Action

  That Council receives Tourism and Economic Development Committee Meeting Minutes dated September 10, 2020.

2.

Kingsville B.I.A.--August 11, 2020 and September 8, 2020

• Recommended Action

  That Council receives Kingsville B.I.A. Meeting Minutes dated August 11, 2020 and September 8, 2020.

K.

BUSINESS CORRESPONDENCE - INFORMATIONAL

1.

County of Wellington--Correspondence dated October 2, 2020 RE: Ontario-Wide Request to Pass County of Wellington Aggregate Resolution

2.

Township of Wellington North--Stand-alone Resolution 2020-299 passed October 13, 2020 RE: Ontario-Wide Request to Pass County of Wellington Aggregate Resolution

3.

Loyalist Township--Correspondence dated October 9, 2020 RE: Funding for Community Groups and service clubs affected by pandemic

4.

Township of Blandford-Blenheim--Correspondence dated October 13, 2020 RE: Unlicensed and unmonitored cannabis grow operations

• Recommended Action

  That Council receives Business Correspondence-Informational items 1 through 4.

L.

NOTICES OF MOTION

1.

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

That staff research and provide Council with an update as to the plans in place to improve and expand internet service within our community with Fibre and other sources as may enhance and improve service for our local businesses and residents alike.

2.

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

That this Council be provided with a copy of the site plan agreement for the Greenhouse development currently underway on Road 3 East on the south side of the road between Division Road and the Graham Sideroad. And the site plan for the development on Road 2 that is just south, that same may be reviewed by Council and Staff to ensure compliance with both Site Plans and the concept of Dark Sky to be received at the next meeting. (SEE Notice of Motion dated October 7, 2020 RE: Site Plan Compliance and Night Lighting).

M.

UNFINISHED BUSINESS, ANNOUNCEMENTS AND UPDATES

N.

BYLAWS

1.

By-law 96-2020

Being a By-law to Prohibit and Regulate Public Nuisances related to odours and lighting from the cultivation of plants within the Town of Kingsville and to create certain penalties related thereto

To be read a first, second and third and final time.

2.

By-law 97-2020

Being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (595 Malo St, Lots 76 and 77, Plan 1434; ZBA/11/20).

To be read a first, second and third and final time.

3.

By-law 98-2020

Being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (V/L Malo St., Lots 72 and 73, Plan 1434; ZBA/12/20)

To be read a first, second and third and final time.

4.

By-law 99-2020

Being a By-law to amend By-law 55-2016, as amended, being a By-law to Govern the Calling, Place and Proceedings of Council and Committees

To be read a first, second and third and final time.

O.

REPORT OUT OF CLOSED SESSION

P.

CONFIRMATORY BY-LAW

1.

By-law 100-2020

Being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its October 26, 2020 Regular Meeting. 

To be read a first, second and third and final time.

Q.

ADJOURNMENT