REGULAR MEETING OF COUNCIL

MINUTES

-
Council Chambers
2021 Division Road N
Kingsville, Ontario N9Y 2Y9
Members of Council
  • Deputy Mayor Gord Queen
  • Mayor Nelson Santos
  • Councillor Kimberly DeYong
  • Councillor Tony Gaffan
  • Councillor Laura Lucier
  • Councillor Thomas Neufeld
  • Councillor Larry Patterson
Members of Administration
  • R. Brown, Manager of Planning Services
  • J. Galea, Human Resources Manager
  • K. Brcic, Planner
  • T. Del Greco, Manager of Engineering
  • S. Kitchen, Deputy Clerk-Council Services
  • R. McLeod, Director of Financial & IT Services
  • A. Plancke, Director of Infrastructure & Engineering
  • J. Norton, CAO
  • R. Baines, Deputy Clerk - Administrative Services
  • D. Wolicki, Manager of Municipal Facilities and Property
  • John Quennell, Deputy Fire Chief

Deputy Mayor Queen called the Regular Meeting to order at 6:02 p.m. (acting as Chair pending Mayor Santos' arrival after attending to other municipal business).  All other members of Council participated in the meeting through video conference technology from remote locations.

Deputy Mayor Queen asked those present to stand and observe a moment of silence and reflection to be followed by the singing of O'Canada.

Singing of O'Canada by Kia Brum 

Deputy Mayor Queen 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.

Justin Lafontaine, Sandy Percy and Jennifer Gagnon, on behalf of the Lions Park Residents Group, presented information about ongoing issues with Lions Park, including safety and security concerns, site and design challenges, ideas to reimagine this neighbourhood park and its redevelopment, and to propose a collaborative partnership between the Town of Kingsville, the OPP, local community groups, and residents.

  • 430-2021
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Kimberly DeYong

    That Council receives the delegation from the Lions Park Residents Group as presented by Justin Lafontaine, Sandy Percy and Jennifer Gagnon.



    CARRIED

Deputy Mayor Queen indicated that Mr. Valente will speak to this item at the time Staff Report H-3 is dealt with this evening (Manager of Planning Services R. Brown, Report RE: Application for Site Plan Amendment SPA/19/21 by HVM Holdings Inc., 190 and 224 Main St. East, Part Lot 2, Concession 1 ED Part 1 RP 12R 26799)

R. Brown, Manager of Planning Services.

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment dated June 21, 2021;

ii) Report of R. Brown dated June 18, 2021; 

iii) Proposed By-law 57-2021, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

Mr. Brown presented his report.

There were no comments from the public. 

  • 431-2021
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Laura Lucier

    That Council:

    Approves Zoning By-law Amendment application ZBA/12/21 to change the zoning on the subject parcel, Part of Lot 12, Concession 2, ED, Part 1, RP 12R 128181 and known as 1959 Road 3 E, from ‘Agriculture, (A1)’ to ‘Light Industrial, (M1)’ consistent with the underlying Official Plan designation 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 June 21, 2021;

ii) Report of R. Brown, dated June 18, 2021;

iii) Proposed By-law 58-2021, being a By-law to Amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

Mr. Brown presented his report.

The Applicant and the Applicant's representative Karl Tanner (Dillon Consulting) were in attendance. Mr. Tanner stated that he is in support of the planner's report.

At 6:41 p.m. Mayor Santos, having arrived at Council Chambers assumed the Chair.

There were no comments from the public. 

  • 432-2021
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Larry Patterson

    That Council:

    Approves Zoning By-law Amendment application ZBA/11/21 to change the zoning on the subject parcel, Part of Lots 23 and 24, Concession 4 ED, Part 2, RP 12R 9769, Part 2, RP 12R 5151 & Part 2, RP 12R 16582 and known as 2123 Road 5 E from ‘Extractive Industrial, (M4)’ to a site-specific ‘Agriculture Exception 84, (A1-84)’ and adopt the implementing by-law.



    CARRIED

K. Brcic, Town Planner

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment and Consent dated June 18, 2021;

ii) Report of K. Brcic dated April 26, 2021;

iii) Proposed By-law 40-2021, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville

Ms. Brcic presented her report.

The Applicant was in attendance along with his solicitor, Mr. Ed Hooker.

Manager of Planner Services R. Brown and Ms. Brcic clarified and corrected points 8 and 9 in the recommendation (updated typographical corrections noted).

There were no comments from the public. 

  • 433-2021
    Moved ByCouncillor Larry Patterson
    Seconded ByDeputy Mayor Gord Queen

    That Council:

    1. Approve Consent Application B/07/21 to create three (3) lots, shown as Parts 1, 2 & 3 on the applicants’ sketch, each being 0.35 ha (0.86 ac.) in area with 39.62 m (130 ft.) of frontage on County Rd 34 W, from Part Lot 276 Con NTR, known as 432 County Rd 34 W, in the Town of Kingsville, subject to the following conditions:

       

    2. That a reference plan be deposited in the registry office, both an electronic and paper copy of the registered plan is to be provided to the Town.

       

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

       

    4. That the applicants obtain the necessary permit for and install a new access to the retained farm parcel at the applicant’s expense and to the satisfaction of the Town and/or County;

       

    5. That as a result of the 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 of certification of the deed.

       

    6. That the necessary deed(s), transfer or changes be submitted in triplicate, signed and fully executed (no photocopies), including a copy of the reference plan, prior to certification.

       

    7. That the newly created lots (Parts 1, 2 & 3) each obtain a water service connection from the Town.

       

    8. The cash-in-lieu of parkland in the total amount of $4,500, be paid to the Town.

       

    9. The zoning of the newly created lots be amended to ‘Rural Residential (RR)’ zoning, prior to certification (ZBA/02/21).

       

    10. The conditions imposed above shall be fulfilled by July 12, 2022 or this application shall be deemed to be refused in accordance with Section 53(41) of the Planning Act.

       

    11. Approve zoning by-law amendment application ZBA/02/21 to rezone the proposed new lots, in Part Lot 276 Con NTR, known as 432 County Rd 34 W, in the Town of Kingsville, from ‘Agriculture (A1)’ to ‘Rural Residential (RR)’, and adopt the implementing by-law.


    CARRIED

Town Planner K. Brcic


i)  Notice of Complete Application and Public Meeting: Zoning By-law Amendment dated June 18, 2021;

ii) Report of K. Brcic dated June 30, 2021;

iii) Proposed By-law 40-2021, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

Ms. Brcic presented her report.

The Applicant was also in attendance.

There were no public comments.

  • 434-2021
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Larry Patterson

    That Council:

    Approves Zoning By-law Amendment application ZBA/03/21 to rezone the subject lands at 20 Cameron Sd Rd W, Part Lot 275, Con STR, Part 3, 12R 10923, from ‘Rural Residential (RR)’ to ‘Rural Residential Exception 14 (RR-14)’ and adopt the implementing by-law.



    CARRIED

Councillor Patterson added one Notice of Motion, Councillor Lucier added one Notice of Motion, and Mayor Santos added one announcement.

J. Quennell, Fire Chief.

  • 435-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council endorses the Fire Chief to replace the Kingsville Fire Department Crest with a new design that was developed and approved by Kingsville Fire & Rescue personnel.



    CARRIED

T. Del Greco, Manager of Engineering.

  • 436-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council awards the Jasperson Drive Phase 2 construction tender to D’Amore Construction in the amount of $2,570,223 (excluding HST) and authorizes the Mayor and Clerk to execute the requisite agreement. check seconder



    CARRIED
  • 437--2021
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Kimberly DeYong

    That Council directs Administration, upon completion of Phase 2 Jasperson Drive construction, to revise Kingsville Traffic By-law 21-2005 to indicate a speed limit of 50 km/h on Jasperson Drive from Main Street East to Road 2 East.



    CARRIED

    At 7:35 p.m. Mayor Santos called for a brief recess and the meeting reconvened at 7:41 p.m.


R. Brown, Manager of Planning Services

Pietro Valente, Kingstown Development Ltd. (SEE: Agenda Delegation Request Item E-2 above) provided details on the project and answered questions of Council.

  • 438-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council:

    Approves Site Plan Amendment application SPA/19/2021 for the requested modification as outlined on the attached Site Plan on lands located at 190 and 224 Main St. E. subject to the conditions and requirements outline in the amending Site Plan Agreement and authorize the Mayor and Clerk to sign the Agreement and register said Agreement on title.



    CARRIED

R. Brown, Manager of Planning Services.

  • 439-2021
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Larry Patterson

    That Council defers the Site Plan Amendment application SPA/15/2021 by Tay Inc. (200 Main Street East, Part of Lot 2, Concession 1 ED, Part 2, RP 12R-26799 until Council can see a rendering of the proposed sign with additional information at a future meeting.



    CARRIED

R. Brown, Manager of Planning Services

  • 440-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council:

    Approves Site Plan Application SPA/21/21 to permit the construction of a 459 sq. m (4,940 sq. ft.) bunkhouse and associated amenity area, subject to the terms in the associated Site Plan Amendment, and

    Authorize the Mayor and Clerk to sign the Site Plan Amendment and register said Agreement on title.



    CARRIED

J. Norton, CAO

  • 441-2021
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Tony Gaffan

    That Council approves the creation of the Committee of Adjustment and Appeals (“COAA”) composed of three members of the public and two members of Council.
    i. This committee to hold its inaugural meeting in October 2021 and thereafter at dates and times established by Administration. This committee shall only meet when it has business before it.
    ii. The three members of the public currently sitting as members of the Committee of Adjustment shall be invited to become inaugural members of this new committee and shall remain members until the end of term of Council.
    iii. The three members of the public shall be compensated $2,094.24 annually ($523.56).
    iv. Council shall appoint two members of Council to sit on this committee. This appointment shall take place before the inaugural meeting of this committee.
    v. COAA meetings will be open to the public, except when permitted to be in camera (closed session) as permitted by the Municipal Act, 2001.
    vi. COAA shall replace and/or assume the role of the Committee of Adjustment, Fence Viewers, Court of Revision, Bylaw Appeals Committee and Property Standards Committee, and shall have all powers of each of these committees.
    vii. COAA shall be an authoritative Committee of Council with authority to make final decisions as set out in legislation or by-law.



    CARRIED
  • 442-2021
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Tony Gaffan

    That Council approves the creation of a Committee of the Whole (“COTW”) composed of all members of Council.
    i. This committee to hold its inaugural meeting in October 2021. This committee to meet monthly on the third Monday of each month, except in March, July, August, and December, or otherwise shall have special meetings at the call of the chair.
    ii. This committee shall be chaired by the Deputy Mayor.
    iii. This committee shall replace the Parks, Recreation, Arts & Culture Committee, Striking Committee, Planning Advisory Committee, Personnel Committee and Mettawas Waterfront Park Fundraising Committee.
    iv. COTW meetings will be open to the public, except when permitted to be in camera (closed session) as permitted by the Municipal Act, 2001.
    v. The Procedural Bylaw be amended to allow the chair of COTW to relax the rules to allow for longer delegations, flexibility on registering for a delegation, and more informal discussion among the public, staff and members of Council.
    vi. COTW shall be an advisory Committee of Council without authority.



    LOST
  • 443-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council approves the creation of a Committee of the Whole (“COTW”) composed of all members of Council.
    i. This committee to hold its inaugural meeting in October 2021. This committee to meet monthly on the third Monday of each month, except in March, July, August, and December, or otherwise shall have special meetings at the call of the chair.
    ii. This committee shall be chaired by the Deputy Mayor.
    iii. This committee shall replace the Tourism & Economic Development Committee, Parks, Recreation, Arts & Culture Committee, Striking Committee, Planning Advisory Committee, Personnel Committee and Mettawas Waterfront Park Fundraising Committee.
    iv. COTW meetings will be open to the public, except when permitted to be in camera (closed session) as permitted by the Municipal Act, 2001.
    v. The Procedural Bylaw be amended to allow the chair of COTW to relax the rules to allow for longer delegations, flexibility on registering for a delegation, and more informal discussion among the public, staff and members of Council.
    vi. COTW shall be an advisory Committee of Council without authority.



  • Amendment:
    444-2021
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Kimberly DeYong

    That the motion be amended to state that "This committee to hold its inaugural meeting in September 2021" rather than October 2021 (paragraph 1.b.i of Report of CAO).



    CARRIED
  • 443-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council approves the creation of a Committee of the Whole (“COTW”) composed of all members of Council.
    i. This committee to hold its inaugural meeting in September 2021. This committee to meet monthly on the third Monday of each month, except in March, July, August, and December, or otherwise shall have special meetings at the call of the chair.
    ii. This committee shall be chaired by the Deputy Mayor.
    iii. This committee shall replace the Tourism & Economic Development Committee, Parks, Recreation, Arts & Culture Committee, Striking Committee, Planning Advisory Committee, Personnel Committee and Mettawas Waterfront Park Fundraising Committee.
    iv. COTW meetings will be open to the public, except when permitted to be in camera (closed session) as permitted by the Municipal Act, 2001.
    v. The Procedural Bylaw be amended to allow the chair of COTW to relax the rules to allow for longer delegations, flexibility on registering for a delegation, and more informal discussion among the public, staff and members of Council.
    vi. COTW shall be an advisory Committee of Council without authority.



    CARRIED
  • 445-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council approves and directs that Administration complete reviews of special event committees, being Migration Festival, Highland Games, Fantasy of Lights, and Communities in Bloom, with recommendations brought back to Council by Administration in early 2022. Any proposed changes to these committees be considered for implementation in November 2022 at the start of the new Council term.



    CARRIED
  • 446-2021
    Moved ByCouncillor Laura Lucier
    Seconded ByDeputy Mayor Gord Queen

    That the above committees being replaced shall have their final meetings in September 2021, that members of the public sitting on these committees shall be invited to any future task forces or public consultations on topics related to their committees, and that these persons should be thanked by the Mayor on behalf of Council for their service on these committees.



    CARRIED
  • 447-2021
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Kimberly DeYong

    That Council approves and directs that members of the public on all advisory Committees of Council shall not be compensated for attendance at committee meetings commencing in November 2022 at the start of the new Council term. Further, that Administration shall provide recommendations to Council on how committee volunteers shall be recognized annually for their volunteer contributions.



    CARRIED
  • 448-2021
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Kimberly DeYong

    That Council approves and directs that a budget line adjustment be implemented to move funds allocating compensation for members of Council for committee meeting attendances into base compensation, effective October 1, 2021. The change will mean that:
    a. There is no increase and no change to the overall compensation for members of Council with no additional cost to taxpayers.
    b. Committee and board compensation will be eliminated for all members of Council where the amount paid is from the Town of Kingsville. This will include compensation paid by the Town for appointments to external boards or organizations, such as UWSS.
    c. The 2021 annual base pay for Mayor, Deputy Mayor and Councillor will be as follows: Mayor $48,800, Deputy Mayor $33,700, and Councillor $26,500.



    CARRIED
  • 449-2021
    Moved ByCouncillor Larry Patterson
    Seconded ByDeputy Mayor Gord Queen

    That Council approves and directs that each committee shall have a budget approved by Council. All purchases or expenses by committees shall follow the Town’s procurement policy and shall be approved by the:
    a. Manager or Director assigned to the committee, where the expense is below $1,000;
    b. CAO where the expense is between $1,000 and $5,000; and
    c. Council, where the expense is above $5,000.



    CARRIED
  • 450-2021
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Laura Lucier

    That Council approves and directs that Appointments to Committees of Council shall be made by Council; and Further That the Procedure By-law reflects that the Committee of the Whole shall review applications for committee appointments in a closed session meeting and make recommendations to Council and that the Manager of Human Resources will review and check references as applicable.



    CARRIED
  • 451-2021
    Moved ByCouncillor Larry Patterson
    Seconded ByDeputy Mayor Gord Queen

    That Council approves and directs that Committees shall not direct staff but may make recommendations to Council requesting staff support. It is then up to Council to direct staff through the CAO. Where a committee requires regular annual staff support, such as for special events, the committee shall make its request to Council for the allocation of staffing resources.



    CARRIED
  • 452-2021
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Larry Patterson

    That Council approves and directs that Staff shall not bring forward committee motions or recommendations to Council on behalf of a committee. Motions or recommendations from a committee should appear in the committee’s minutes for Council to review and, where deemed appropriate, a committee can make a delegation to Council.



    CARRIED
  • 453-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Kimberly DeYong

    That Council receives the Report of CAO J. Norton (Report No. 2021-05 dated July 5, 2021) RE: Council Committee Review.



    CARRIED
  • 454-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council adopts Special Meeting of Council Minutes dated June 21, 2021, Regular Meeting of Council Minutes dated June 28, 2021, Regular Closed Session Meeting of Council Minutes dated June 28, 2021, Special Meeting of Council Minutes dated June 29, 2021 and Special Closed Session Meeting of Council Minutes dated June 29, 2021.



    CARRIED
  • 456-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That the Road Crossing Poles that were removed for the development at 190 Main St. be re-installed on Main St. East between the High School and the Kratz at such a location that may be used to highlight our many great Community Events.



    CARRIED
  • 457-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Kimberly DeYong

    That Council have an open public discussion with staff, regarding suggestions for Pickleball in Cottam and Kingsville to encourage same, prior to any attempt to reduce or restrict access.



    CARRIED

    Deputy Mayor Queen is seeking a September council meeting date.


  • 458-2021
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Laura Lucier

    WHEREAS Administration is undergoing a review of the Town's animal control by-laws;

    AND WHEREAS under the current by-law, chickens are not permitted in urban areas;

    AND WHEREAS some residents have expressed a desire to be permitted to allow the raising of chickens in urban areas;

    NOW THEREFORE BE IT RESOLVED that while Administration is reviewing the animal control by-law(s), it also conduct a review and provide recommendations to Council with respect to chickens in urban areas.



    CARRIED
  • 459-2021
    Moved ByCouncillor Kimberly DeYong
    Seconded ByCouncillor Tony Gaffan

    That Council request our County Council representatives to ask that details of scheduled County road work, including road closures, delays and expected duration of work, within the Town of Kingsville boundary be diligently communicated to the public via the county's website and social media as well as to town administration including our communications coordinator and our managers of infrastructure and engineering. Recognizing that it is not the municipality's responsibility to provide notification of county work but that it would be advantageous to our administration and residents that this work be communicated.



    CARRIED

1. Councillor Patterson may at the next Regular Meeting move, or cause to have moved, that Senior Administration bring back a report within one hundred (100) days regarding the condition of the Cedar Island Roads, Boulevards and drainage (including the area in front of the boats and the Town's marina launch area) which report shall provide information pertaining to the estimated costs to repair/resurface the road(s), and when the Town could expect to have work on this area started.

2. Councillor Lucier indicated that she may at the next Regular Meeting move, or cause to have moved, that administration review the recommendations of the Lions Park Residents Group as presented tonight and bring a report back to council on the consequences of pausing the approved work, as well as identifying which of the recommendations can be incorporated and what other measures can be taken to address these ongoing concerns including vehicle access, noise, and nuisance, both immediately and as improvements continue.

3. Mayor Santos announced that earlier this evening he joined in the unveiling of a specially dedicated recognition plaque honouring Arleigh Fysh and Harry Roetelle, two founding members of the Kingsville Tennis Association, who have both dedicated over 50 years to the sport of tennis.

M.

  • 460-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council reads By-law 40-2021, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/02/21; 432 County Road 34 W, Part Lot 276, CON NTR) a first, second and third and final time.



    CARRIED
  • 461-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council reads By-Law 57-2021, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/12/2021; 1959 Road 3 East; Part Lot 12, Concession 2 ED, Part 1, 12R 12818) a first, second and third and final time.



    CARRIED
  • 462-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Kimberly DeYong

    That Council reads By-law 58-2021, being a By-law to amend By-law No. 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/11/2021; 2123 Road 5 East; Part Lots 23 and 24, Concession 4 ED, Part 2, RP 12R 9769, Part 2, RP 12R 5151; Part 2, Plan 12R 16582) a first, second and third and final time.



    CARRIED
  • 463-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council reads By-law 59-2021, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/03/2021; 20 Cameron Sideroad; Part Lot 275, Concession STR, RP 12R 10923) a first, second and third and final time.



    CARRIED
  • 464-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council reads By-law 60-2021, being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its July 12, 2021 Regular Meeting a first, second and third and final time.



    CARRIED
  • 465-2021
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Larry Patterson

    That Council adjourns this Regular Meeting at 9:58 p.m.



    CARRIED
No Item Selected