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
  • Councillor Tony Gaffan
  • Councillor Thomas Neufeld
  • Councillor Larry Patterson
  • Councillor Sandy McIntyre
Members of Administration
  • P. Van Mierlo-West, CAO
  • K. Vegh, Drainage Supervisor
  • J. Astrologo, Director of Corporate Services
  • S. Kitchen, Deputy Clerk-Council Services
  • S. Zwiers, Director of Financial Services

That Administration update Council with a quarterly report on the Tourism and Economic Development Committee initiatives and projects.

  • Recommended Action
    261-2017
    Moved ByCouncillor Thomas Neufeld
    Seconded By Councillor Tony Gaffan

    Council direct administration to provide Council with a semi annual report on the Tourism and Economic Development Committee initiatives and projects.


    CARRIED

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

Request for use of B.I.A. Parkette for another market season commencing May 20, 2017 through to and including October 9, 2017 on Saturdays from 7:00 a.m. until 2:30 p.m.

  • Recommended Action
    245-2017
    Moved ByCouncillor Thomas Neufeld
    Seconded By Councillor Tony Gaffan

    Council authorize administration to prepare a Licence Agreement for the operation of the Kingsville Farmers' Market, for a five-year term, and bring back the necessary authorizing by-law for passage at a future Regular Meeting.


    CARRIED

Engineer Lou Zarlenga (R. C. Spencer Associates Inc.) and K. Vegh, Drainage Superintendent

Engineer's Report Consideration - 2nd Concession Branch of the Esseltine Drain - Replacement of Farm Crossing; Owner: Mucci Farms Ltd. (290-38700), in the Town of Kingsville, in the County of Essex

i) Notice of Meeting to Consider Engineer's Report, dated February 22, 2017;

ii) Engineer's Report dated December 22, 2016 (Project Ref. No. 16-568) including Schedule of Assessment for Construction and Schedule of Maintenance;

iii) Proposed By-law 28-2017, being a by-law to provide for the construction of a bridge over the 2nd Concession Branch of the Esseltine Drain; Owner: Mucci Farms Ltd., in the Town of Kingsville, in the County of Essex.

Engineer Zarlenga presented the Engineer's Report prepared in accordance with Section 78 of the Drainage Act, stating that the proposed work involves the replacement of an existing farm crossing. The owner is paying the full cost for the replacement of this culvert; the cost has been assessed entirely against Roll No. 290-38700 as a special benefit based upon the owner agreeing to pay 100% per cent of the cost. An additional cost of $17,000 has also been assessed as a special benefit to Roll No. 290-387000 for previous engineering work carried out at their request. Engineer Zarlenga stated that the construction has been upgraded and is based on a 25-year storm event.

Comments from the audience:

Steve Stephenson, 1607 County Road 34 E., Ruthven, stated that his main concern is truck traffic. He wondered what the circumstances will be 5 to 10 years from now with possible expansions of the business, and whether trucks will be going through the small neighbourhood.

Mr. Vegh explained that Road 2 is a 'no truck route' and will remain that way.

Carol Stockwell, 1777 Road 3 East, asked "Where does the bridge begin and where does it end"? Engineer Zarlenga stated that the bridge is located on private property near the middle of Mucci Farms.

Milka Pieper, 1684 Nevan Court also expressed safety concerns regarding truck traffic, stating that children are playing in the Sun Valley subdivision. She also asked for an explanation as to maintenance charges.

Mr. Vegh explained the provisions of Section 74 of the Drainage Act; that drainage works' maintenance and repair is completed by the municipality at the expense of all assessed upstream lands and roads, in the proportion determined by the relevant by-law pertaining to the works. He explained that the upstream properties drain to the same drain the Mucci Bridge is on.

John Penner, 1542 County Road 34, stated that his tax bill has recently gone up and he wondered how the Town made the calculations. Mayor Santos clarified that property tax billing is not associated with the drainage report. Director of Financial Services S. Zwiers indicated she would assist Mr. Penner and explain his property tax billing.

George Dekker asked on behalf of Mucci Farms if Council, pending approval, would consider by-passing the Court of Revision and proceed directly to tendering. Mayor Santos indicated that the property owner could file a signed Waiver of Appeal Rights and should Council accept the signed Waiver the Town Drainage Superintendent would be instructed to obtain Contractor quotations. The Court of Revision would still be scheduled in accordance with the Drainage Act.

John Penner asked how wide the ditch would be in the front of his yard after the works are completed and Mr. Vegh responded that his ditch would not be altered or touched.

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

  • Recommended Action
    246-2017
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Sandy McIntyre

    Council adopt the Engineer's Report prepared by R. C. Spencer & Associates, dated December 22, 2016 (Project No. 16-568); read By-law 28-2017, being a by-law to provide for the construction of a bridge over the 2nd Concession Branch of the Esseltine Drain; Owner: Mucci Farms Ltd. (290-38700) in the Town of Kingsville, in the County of Essex, a first and second time at this Regular Meeting; and schedule Court of Revision for a future date.


    CARRIED

Town of Kingsville Accounts for the monthly period ended February 28, 2017 being TD cheque numbers 0061242 to 0061500 for a grand total of $1,355,635.15

  • Recommended Action
    247-2017
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Sandy McIntyre

    Council approve Town of Kingsville Accounts for the monthly period ended February 28, 2017 being TD cheque numbers 0061242 to 0061500 for a grand total of $1,355,635.15


    CARRIED

J. Alexander, Deputy Clerk-Administrative Services

Director of Corporate Services J. Astrologo presented the report.

  • Recommended Action
    248-2017
    Moved ByCouncillor Larry Patterson
    Seconded By Councillor Tony Gaffan

    Council receive the Report of J. Alexander, Deputy Clerk-Administrative Services RE: Animal Control for Tender, dated March 1, 2017 for information; and further Council authorize Administration to work with members of Leamington Administration to prepare the requisite tender document for Animal Control Services.


    CARRIED

P. Van Mierlo-West, CAO

  • Recommended Action
    249-2017
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Thomas Neufeld

    Council approve the implementation plan for the Marina Community Input Sessions.


    CARRIED
  • Recommended Action
    250-2017
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Thomas Neufeld

    Council proclaim March 26, 2017 as Purple Day for Epilepsy in the Town of Kingsville


    CARRIED
  • Recommended Action
    251-2017
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Sandy McIntyre

    WHEREAS harmful algal blooms in Lake Erie threaten one of Ontario's most important natural and economic resources by negatively impacting the use of water for drinking, fishing, boating, and swimming; and

    WHEREAS in 2015 Lake Erie experienced the largest harmful algal bloom in its history; and

    WHEREAS toxins from algal blooms can damage the kidneys and liver, and can cause nausea, vomiting, diarrhea, paralysis, and potentially death; and

    WHEREAS communities that depend on Lake Erie as a source for their drinking water have made significant investments to ensure it is free from dangerous levels of algal toxins and nuisance algae; and

    WHEREAS toxins from algal blooms threaten the health of anglers, boaters, and swimmers exposed to contaminated water; and

    WHEREAS algal blooms limit the enjoyment of Lake Erie beaches and other recreational activities on and in the water; and

    WHEREAS local tourism, commercial and residential property values may be negatively impacted if algal blooms continue to increase in intensity and frequency; and

    WHEREAS algal blooms may negatively impact Lake Erie's commercial and recreational fishing industry.

    THEREFORE BE IT RESOLVED that the Town of Kingsville request the Ontario and federal governments to be leaders in the development and implementation of action plans that will protect drinking water and effectively address algal blooms and protect and restore the health of Lake Erie;

    BE IT FURTHER RESOLVED that a copy of this resolution by forwarded to the:

    Ontario Minister of the Environment and Climate Change; and

    Ontario Minister of Agriculture and Rural Affairs; and

    Ontario Minister of Natural Resources; and

    Federal Minister of Environment and Climate Change;  and

    Federal Minister of Agriculture and Agri-Food; and

    the local Member of Provincial Parliament and Member of Parliament.

     


    CARRIED
  • Recommended Action
    252-2017
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Sandy McIntyre

    Council adopt Special Meeting of Council Minutes dated February 22, 2017


    CARRIED
  • Recommended Action
    253-2017
    Moved ByCouncillor Larry Patterson
    Seconded By Councillor Tony Gaffan

    Council adopt Regular Meeting of Council Minutes dated February 27, 2017 and Regular Closed Session Meeting of Council Minutes dated February 27, 2017


    CARRIED
  • Recommended Action
    254-2017
    Moved ByCouncillor Sandy McIntyre
    Seconded By Councillor Tony Gaffan

    Council receive Parks, Recreation, Arts and Culture Committee Meeting Minutes dated January 19 2017, together with the following sub-committee meeting minutes: Older Adults Advisory dated November 17, 2016 and Mettawas Park Fundraising Committee dated October 18, 2016


    CARRIED
  • Recommended Action
    255-2017
    Moved ByCouncillor Thomas Neufeld
    Seconded By Councillor Tony Gaffan

    Council receive Police Services Board Meeting Minutes, dated January 25, 2017.


    CARRIED
  • Recommended Action
    256-2017
    Moved ByCouncillor Larry Patterson
    Seconded By Councillor Tony Gaffan

    Council receive Kingsville B.I.A. Annual General Meeting Minutes dated, February 26, 2016.


    CARRIED
  • Recommended Action
    257-2017
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Sandy McIntyre

    Council receive the Kingsville B.I.A. Meeting Minutes dated, February 7, 2017.


    CARRIED
  • Recommended Action
    258-2017
    Moved ByCouncillor Sandy McIntyre
    Seconded ByCouncillor Thomas Neufeld

    Council receive information items 1-8 as outlined.


    CARRIED
  • RE: Item M-4--Township of Zorra Correspondence and Item M-5 Municipality of Thames Centre Correspondence

    Recommended Action
    259-2017
    Moved ByCouncillor Thomas Neufeld
    Seconded By Councillor Tony Gaffan

    That the Town of Kingsville supports the Resolutions of the Township of Zorra (passed February 14, 2017 at Zorra's Regular Meeting); and the Municipality of Thames Centre (passed at Thames Centre's February 22, 2017 Regular Meeting), both relating to Automated External Defibrillators to be allowed in all Schools in Ontario; and further,

    That the Town of Kingsville similarly requests that the Premier and Minister of Education develop a policy that enables all schools and school boards in Ontario, including the Greater Essex County District School Board and the Windsor Catholic District School Board that allows individual elementary and secondary schools to have an AED installed in their schools; and that the Town of Kingsville requests that the said local School Boards and all other school boards in Ontario develop a policy to install AEDs in all schools in Ontario as soon as possible for the safety of our children.


    CARRIED

N.
NOTICES OF MOTION

That Administration provide a Report pertaining to the New Designs flower shop property realignment.

  • Recommended Action
    260-2017
    Moved ByCouncillor Thomas Neufeld
    Seconded By Councillor Tony Gaffan

    Council direct Administration to provide a report pertaining to the New Designs flower shop property realignment.


    CARRIED

That Administration provide a report that will identify options available to reduce the traffic congestion along Main St. East from the Wigle/Remark intersection to Kratz Rd. with associated costs.

  • Recommended Action
    262-2017
    Moved ByCouncillor Thomas Neufeld
    Seconded By Councillor Tony Gaffan

    That Administration provide to Council, in the next 90 days, a written report that will identify detailed options available to reduce the traffic congestion along Main St. East, specifically from the Wigle / Remark Intersection to Kratz Road, with associated costs.


    CARRIED

    Councillor Patterson may, at the next Regular Meeting of Council, move or cause to have moved, a motion as to what are the rights of medical marijuana growers and the rights of the neighbouring property owners.

  • Recommended Action
    263-2017
    Moved ByCouncillor Sandy McIntyre
    Seconded ByCouncillor Thomas Neufeld

    Council read By-law 28-2017 being a by-law to provide for the construction of a bridge over the 2nd Concession Branch of the Esseltine Drain; Owner: Mucci Farms Ltd. (290-38700) in the Town of Kingsville, in the County of Essex, a first and second time.


    CARRIED
  • Recommended Action
    264-2017
    Moved ByCouncillor Sandy McIntyre
    Seconded ByCouncillor Thomas Neufeld

    Council read By-law 33-2017 being a by-law authorizing the entering into of an Amendment to the Development Agreement with 147160 Ontario Limited (Mettawas Development) a first, second, and third and final time.


    CARRIED
  • Recommended Action
    265-2017
    Moved ByCouncillor Sandy McIntyre
    Seconded ByCouncillor Larry Patterson

    Council read by-law 34-2017 being a by-law to authorize the entering into of an Agreement with M & M Farms Ltd. for a water works extension project in the Town of Kingsville a first, second, and third and final time.


    CARRIED
  • Recommended Action
    266-2017
    Moved ByCouncillor Sandy McIntyre
    Seconded By Councillor Tony Gaffan

    Council read By-law 35-2017 being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville, a first, second, and third and final time.


    CARRIED
  • Recommended Action
    267-2017
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Thomas Neufeld

    Council adjourn this Regular Meeting at  7:59 p.m.


    CARRIED