REGULAR MEETING OF COUNCIL
AGENDA

Monday, April 27, 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.

CLOSED SESSION

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

1. Subsection 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; being an update from Solicitor David Halliwill regarding 190-200 Main St. East, being Part of Lot 2 Concession 1 ED Part 1 12R-26799, and Part of Lot 2 Concession 1 ED Part 2 12R-26799 respectively;

2. Subsection 239(2)(d) labour relations or employee relations, being an update report from J. Galea, Human Resources Officer regarding Hickson Grievance (IBEW Local 636).

C.

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.

D.

REPORT OUT OF CLOSED SESSION

E.

AMENDMENTS TO THE AGENDA

F.

ADOPTION OF ACCOUNTS

1.

Town of Kingsville Accounts for the monthly period ended March 31, 2020 being TD cheque numbers 0072446 to 0072700 for a grand total of $1,311,099.62

• Recommended Action

  That Council receives Town of Kingsville Accounts for the monthly period ended March 31, 2020, being TD cheque numbers 0072446 to 0072700 for a grand total of $1,311,099.62.

G.

STAFF REPORTS

1.

Reconstruction of Jasperson Drive

T. Del Greco, Manager of Municipal Services

• Recommended Action

  That Council award the Jasperson Drive reconstruction tender to Sherway Contracting (Windsor) Limited in the amount of $1,646,782 (excluding HST) and authorize the Mayor and Clerk to execute the requisite agreement.

2.

Site Plan Amendment Application SPA/07/2020 by Tay Inc. 200 Main St. E., Part of Lot 2, Concession 1 ED, Part 2, RP 12R 26799

R. Brown, Manager of Planning Services

• Recommended Action

  That Council receives the planning opinion on the requested site plan amendment from Karl Tanner, Dillon Consulting Limited for information purposes,

  And that Council approves the requested site plan amendment to:

  replace the existing single-storey elevation drawings, Appendix C, with the new two-storey elevation drawings included as Appendix D;

  replace the existing site plan drawing for the medical clinic only with a revised site plan drawing Appendix B, showing the increased square footage, increase in height and addition of the covered entrance at the rear of the building;

  both subject to the conditions outlined in the amended site plan agreement including the requirement for permanent privacy screening acceptable to the Town on all second floor easterly facing windows.

3.

Application for Site Plan Amendment SPA/06/2020 by Agris Co-Operative Ltd., 8 County Road 27 West, Part of Lot 270, Concession STR, Pts. 1, 2, and 3 RP 12R 12889, Pt 2 , RP 12R  13556, Pt. 1 RP 12R 16608 and Pt. 1 12R  26186

R. Brown, Manager of Planning Services

• Recommended Action

  That Council approves Site Plan Amendment Application SPA/06/2020 for the construction of a 29.3 m x 17.2 m (96 ft. x 60 ft.) warehouse and associated updates to subject property along with the inclusion of the vacant lands added to the site as approved lot addition consent B/11/15, and

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

4.

Application for Site Plan Amendment SPA/04/2020 by Golden Acres Farms Inc. and 1797540 Ontario Inc., 2011 Graham Sideroad and V/L Graham Sideroad , Part of Lot 6, Concession 2, ED, Parts 1 and 2, RP 12R 20174

R. Brown, Manager of Planning Services

• Recommended Action

  That Council approves Site Plan Amendment Application SPA 04 2020 for the requested changes to the greenhouse development on the subject lands including the service building and warehouse additions, new bunkhouse, hot water tank and repositioned greenhouse in Part of Lot 6, Concession 2 ED, Parts 1 and 2, RP 12R 20174, subject to the conditions outlined in the Amending Site Plan Agreement, and

  That Council authorizes the Mayor and Clerk to sign the Amending Agreement and register said Agreement on title.

5.

Application for Minor Development Agreement AGR 01 2020 by David Golden and Dawn DeYong; 411 Road 2 West, Part of Lot 7, Concession 1, WD

R. Brown, Manager of Planning Services

• Recommended Action

  That Council approves the proposed Minor Development Agreement to permit a second single detached dwelling at 411 Road 2 W, temporarily during the construction of a new dwelling on the property, and

  That Council authorizes the Mayor and Clerk to sign the Minor Development Agreement and register it on title.

6.

Planning Act Application Processing

R. Brown, Manager of Planning Services

• Recommended Action

  That Council receives the Report on the options for the continued processing of Planning Act applications during the COVID-19 declaration of emergency timeframe for information purposes;

  And That Council provides Administration with the preferred option for moving Planning Act applications forward during the COVID-19 declaration of emergency timeframe, subject to maintaining appropriate public participation.

7.

Main Street Development Policy Review and Interim Control By-law

R. Brown, Manager of Planning Services

• Recommended Action

  That Council receives the report on the Main Street Development Policy Review and Interim Control By-law for information purposes;

  And That Council Approves the terms of reference for the establishment of a Main Street Development Review Committee;

  And That Council Directs Administration to prepare a final interim control by-law for consideration at a future Regular Meeting.

8.

COVID-19 Financial Relief & Flood Mitigation Efforts

R. McLeod, Director of Financial Services

• Recommended Action

  That Council authorizes the following financial relief measures in response to the economic implications of COVID-19:

  • No late payment charges on property tax and water/wastewater accounts in either form, penalty and/or interest, through the period ending June 30, 2020.
  • Charges for Non-Sufficient Funds on any property tax and water/wastewater payments will be waived through the period ending June 30, 2020.
  • Amend By-law 26-2020 to defer the implementation of the new residential sewage rate structure as follows:
    • Sewage Area 1 Rates (Cottam Facility) – effective January 15, 2021.
    • Sewage Area 2 Rates (Lakeshore West Facility) – effective March 15, 2021
    • Sewage Area 3 Rates (Kingsville Facility) – effective February 15, 2021
  • Authorize the Director of Financial Services to adjust any seasonal based fees and charges in proportion to the time for which the services will be available;

  And That Council approves up to $50,000 for flood mitigation efforts to be financed from the Town’s budget stabilization reserve (03-000-032-31063)

H.

MINUTES OF THE PREVIOUS MEETINGS

1.

Special Meeting of Council--March 18, 2020

2.

Special Closed Session Meeting of Council--March 18, 2020

3.

Regular Meeting of Council--March 23, 2020

4.

Regular Closed Session Meeting of Council--March 23, 2020

• Recommended Action

  That Council adopts Special Meeting of Council Minutes dated March 18, 2020, Special Closed Session Meeting of Council Minutes dated March 18, 2020, Regular Meeting of Council Minutes dated March 23, 2020, and Regular Closed Session Meeting of Council Minutes dated March 23, 2020.

I.

MINUTES OF COMMITTEES AND RECOMMENDATIONS

1.

Committee of Adjustment - February 19, 2020

• Recommended Action

  That Council receive Committee of Adjustment Meeting Minutes dated February 19, 2020.

2.

Union Water Supply System Joint Board of Management - February 19, 2020

• Recommended Action

  That Council receives Union Water Supply System Board of Management Meeting Minutes dated February 19, 2020.

J.

BUSINESS CORRESPONDENCE - INFORMATIONAL

1.

Town of Grand Valley--Correspondence dated March 11, 2020 RE: Letter of Support for Bill 156, Security from Trespass and Protecting Food Safety Act

2.

City of Sault Ste. Marie--Correspondence from Mayor Provenzano to Premier Ford et al dated March 13, 2020 RE: Support for Conservation Authorities

3.

Grey County--Correspondence from Clerk Morrison, dated March 16, 2020 RE: Grey County Council Resolution Supporting 100% Canadian Wines Excise Exemption

4.

Arts Society of Kingsville--Letter of Thanks from Ann Ducharme and Executive, and Members of ASK, received March 17, 2020

5.

Municipality of Chatham-Kent--Correspondence dated March 24, 2020 RE: Support for Ban of Single-Use Disposable Wipes

6.

Municipality of Chatham-Kent--Correspondence dated March 24, 2020 RE: Support for Legislative Changes in Bill 132

7.

Office of the Fire Marshal and Emergency Management (OFMEM)--Letter of compliance dated March 31, 2020 from the Chief of Emergency Management in accordance with the Emergency Management and Civil Protection  Act

8.

Grey Highlands--Correspondence dated April 2, 2020 RE: Support for Ministers to allow for Electronic Delegations

9.

Town of Kingsville Media Release dated April 3, 2020 RE: Cancellation of 2020 Kingsville Highland Games.

10.

Town of Midland--Correspondence from Municipal Clerk of the Town of Midland received April 6, 2020 RE: Requesting Support of Letter from Midland's Mayor and CAO (Interim) to the Prime Minister--Financial Aid Plan

11.

Township of Mapleton--Correspondence dated April 21, 2020 RE: A Resolution to Request the Province of Ontario Review the Farm Property Class Tax Rate Programme In Light of Economic Competitiveness  Concerns between Rural and Urban Municipalities

• Recommended Action

  That Council receives Business Correspondence-Informational  items 1 to 11.

K.

NOTICES OF MOTION

1.

Councillor DeYong may move, or cause to have moved:

That Council directs Administration to provide a Report from our Director of Corporate Services on exactly what content and facts from the discussions, reports, investigations and negotiations regarding 190 Main Street East are able to be shared with the public so that Council may address the concerns and questions from residents without risk of being in contravention to our Code of Conduct.

2.

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

That Council review the status of the legal and any appeal actions that may be in place in respect to 190 Main Street East, Kingsville property development that does not appear to be in keeping with the site plan that WAS approved by Council.

3.

Councillor Neufeld may move, or cause to have moved:

That Council authorize that $1,000.00 of Councillor Neufeld's allotted conference budget be donated to the Kingsville Food Bank as a cash donation.

4.

Councillor Neufeld may move, or cause to have moved:

That the Mayor and Deputy Mayor of Kingsville, being voting members of Essex County Council, request that a controlled lighted intersection for County Road 20 and County Road 23 be moved to a top priority.

L.

UNFINISHED BUSINESS, ANNOUNCEMENTS AND UPDATES

M.

BYLAWS

1.

By-law 40-2020

Being a by-law to provide for the collection of the cost incurred for drainage works completed for numerous drains all in the Town of Kingsville

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

2.

By-law 42-2020

Being a By-law authorizing the entering into of an Agreement with Shepley Road Maintenance Ltd. for the 2020 Rural Road Program (full contract document available for review in Department of Municipal Services)

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

3.

By-law 43-2020

Being a By-law authorizing the entering into of an Agreement with Coco Paving Inc. for the 2020 Urban Road Program (full contract document available for review in Department of Municipal Services)

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

4.

By-law 45-2020

Being a By-law authorizing the entering into of an Agreement for Professional Engineering Services with RC Spencer Associates Inc. for  Road 2 East Reconstruction (full contract document available for review in the Department of Municipal Services)

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

5.

By-law 46-2020

Being a by-law to amend By-law 2-2019, being a By-law to appoint certain members of Council and individuals to boards and committees

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

6.

By-law 47-2020

Being a by-law under the Municipal Act, 2001, Part 13, Section 408; to authorize the issue of debentures to finance the construction of the Road 11 Watermain in the Town of Kingsville

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

7.

By-law 48-2020

Being a By-law to amend the implementation dates of the sewage rate structure of By-law 26-2020, being a by-law to impose a Water Rate and Sewage Rates

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

8.

By-law 49-2020

Being a by-law to authorize the entering into of an Agreement with Sherway Contracting (Windsor) Limited for the Jasperson Drive Road Reconstruction (N. J. Peralta Engineering Ltd. Project No. E-18-064)  (full contract document available for review in Department of Municipal Services)

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

N.

CONFIRMATORY BY-LAW

1.

By-law 50-2020

Being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its April 27, 2020 Regular Meeting

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

O.

ADJOURNMENT