REGULAR MEETING OF COUNCILREVISED AGENDAMonday, November 22, 2021 at 6:00 P.m. - 8:00 P.m.Council Chambers2021 Division Road N Kingsville, Ontario N9Y 2Y9A.CALL TO ORDER In light of the ongoing COVID-19 pandemic, Council is meeting in-person in Council Chambers, however, members of the public can continue to view the meeting via livestream at www.kingsville.ca/livestream.B.LAND ACKNOWLEDGEMENT We acknowledge the Three Fires Confederacy (Ojibwe, Potawatomie and Odawa) and the Traditional ancestral, unceded territory of Caldwell First Nation; the original people of Point Pelee, Pelee Island and its surrounding waters. We recognize and respect the First Nations who are stewards of the land and waters of Turtle Island and who have embraced this stewardship since time immemorial. We would also like to acknowledge other nearby First Nations Communities and First Nations across Turtle Island. C.MOMENT OF SILENCE AND REFLECTION AND NATIONAL ANTHEM O'Canada by Sage StapletonD.AMENDMENTS TO THE AGENDA E.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.F.PRESENTATIONS 1.Diana Radulescu (County of Essex Active Transportation Coordinator), Jerry Behl (County of Essex Manager Transportation, Planning and Development), and Tim Del Greco, Town of Kingsville Manager of Engineering RE: County Wide Active Transportation System. 1.CWATS_KingsvilleCouncil_final (4).pdf2.Map 2A County Wide - Facility Types Nov2021 v2 reduced2.pdf3.Map 2B Build-Up Areas - Facility Types Nov2021 v2 (2).pdfRecommended ActionThat the presentation be received.G.CONSENT AGENDA 1.Town of Kingsville Accounts for the monthly period ended October 31, 2021 1.October Chq Title AODA.pdf2.October Cheque Report AODA.pdf2.Update on By-Law to prohibit and regulate nuisances related to Greenhouse Odours and Lighting 1.Update on By-Law to prohibit and regulate nuisances related to Greenhouse Odours and Lighting.pdf3.Kingsville B.I.A. Minutes--October 13, 2021 1.BIA Minutes October 13 2021.pdf4.County of Essex--Correspondence dated October 19, 2021 RE: Resolution of County Council--Agricultural Community Liaison 1.2021-10-20_Letter_All COE Municipalities_Agricultural Community Liaison - MB Revisions.pdf2.2021-1020-CCS-R009-MB Agricultural Community Liaison.pdf5.County of Essex--Correspondence from Warden McNamara to Prime Minister dated November 9, 2021 RE: Support of Municipality of Leamington Resolution re: Federal Support of Long-Term Care 1.2021-10-20_Letter_PM_Support Leamington LTC_Encl.pdf6.Mattice-Val Cote--Resolution no. 21-247 passed November 8, 2021 RE: MPAC assessment 1.Mattice-Val CoteProperty Assessment.pdf7.Committee of the Whole Meeting Minutes dated October 18, 2021 1.Post-Meeting Minutes - Committee of the Whole_Oct18_2021 - English.pdf8.Regular Meeting of Council Minutes--November 8, 2021 1.Post-Meeting Minutes - Regular Council Meeting_Nov08_2021 - English.pdfH.REPORTS--COMMUNITY AND DEVELOPMENT SERVICES 1.Statement of Concurrence Request for Proposed Telecommunications Tower – 2804 Upcott Side Road, Part of Gore Lot A, Concession STR & Part 1, RP 12R 12215 1.SPA 16 2021 T and J Abbrussese.pdf2.Appendix A - Location Map SPA 16 2021.pdf3.Appendix B - Telecommunications Policy 2019.pdf4.Appendix C - ON7985 Mail Notification.pdf5.Appendix D - ON7985 Justification Report.pdf6.Appendix D-1 - Revised Site Plan Nov 2021.pdfR. Brown, Manager of Planning ServicesRecommended ActionThat Council authorize Administration to provide the applicant with a Statement of Concurrence that sufficient public consultation has occurred and the Town’s policy has been addressed.2.Application for Site Plan Approval File SPA/17/21 by 5021103 Ontario Inc. (Golden Acre Farms Inc.) Part of Lot 6, Concession 2 ED Roll No. 3177 350 000 03700 1.SPA 17 21 - Golden Acres - Road 3 E.pdf2.Appendix A - Location Map SPA 17 2021.pdf3.Appendix B - Site Plan Sketch.pdf4.Appendix C - Water Allocation.pdf5.Appendix D - ERCA Comment.pdfK. Brcic, Town PlannerRecommended ActionThat Council approve site plan application SPA/17/21 for the construction of a new two-phase greenhouse with associated support facilities and a new bunkhouse on lands located at 913 Rd 3 E and surrounding vacant farm land, subject to the conditions and requirements outlined in the site plan agreement and authorize the Mayor and Clerk to sign the agreement and register said agreement on title.3.Temporary Farm Worker Housing Study 1.Temporary Farm Worker Housing Study.pdfR. Wyma, Director of Community and Development ServicesRecommended ActionThat Council approve the award of the Temporary Farm Worker Housing Study to WSP Canada and SHS Consulting at a cost of $49,690 plus applicable taxes.I.REPORTS - FINANCIAL AND INFORMATION TECHNOLOGY SERVICES No reports at this time.J.REPORTS - FIRE SERVICES No reports at this time.K.REPORTS - INFRASTRUCTURE AND ENGINEERING SERVICES 1.West Side Collector Road – Memorandum of Understanding 1.IED 2021-48 West Side Collector Road - MOU.pdf2.Appendix A.pdf3.92-2021 Expropriation - West Side Collector Road.pdfT. Del Greco, Manager of EngineeringRecommended ActionThat Council authorize the Mayor and Clerk to sign a Memorandum of Understanding regarding the acquisition of lands and construction of a West Side Collector Road and connector roads between the Corporation of the Town of Kingsville, 1552843 Ontario Inc. (operating as Noah Homes), 1903357 Ontario Inc., and Amico Properties Inc. on the terms and conditions described within this report and as depicted on the map in Appendix A; That Council authorize Administration to commence an Application for Approval to Expropriate approximately 1.3 acres of land located at 280 Main Street West, and shown approximately as Parcel “A” on the map in Appendix A; and, That By-law 92-2021 being a by-law to authorize the acquisition of certain lands for the development of a West Side Collector Road be taken as having been read three times and finally passed and the Mayor and Clerk be authorized to sign same.2.Sun Valley Estates Phase 4 - Initial Acceptance 1.IED 2021-46 Sun Valley Estates Phase 4 - Initial Acceptance .pdf2.1818_001 Request for Initial Acceptance.pdfG. A. Plancke, Director of Infrastructure and EngineeringRecommended ActionThat Council initially accept Sun Valley Estates Phase 4 onto “Maintenance” for a period of no less than one year; and, The Clerk be directed to provide written confirmation to the Developer of the date of Initial Acceptance of the development by Council resolution. 3.Sun Valley Estates Phase 2 – Final Acceptance 1.IED 2021-45 Sun Valley Estates Phase 2 - Final Acceptance.pdf2.Request for Final Acceptance and Assumption.pdfG. A. Plancke, Director of Infrastructure and EngineeringRecommended Action That Council grant “Final Acceptance” and assume the roadway and infrastructure for the Sun Valley Estates Phase 2 subdivision and further that; The Clerk provide formal notification to the Developer (Noah Homes) of the Council decision to grant Final Acceptance of the Sun Valley Estates Phase 2 subdivision. L.REPORTS - LEGAL AND CLERK SERVICES 1.Alternative Voting Method – 2022 Election 1.LS-07-2021 Alternative Voting Method - Election 2022.pdf2.96-2021 Alternative Voting Methods.pdfP. Parker, Town ClerkRecommended Action That Vote by Mail with electronic vote tabulators BE APPROVED as the voting method for the 2022 municipal election; and That By-law 96-2021 being a By-law to authorize vote by mail and the use of optical scanning vote tabulators for municipal elections in the Town of Kingsville be taken as having been read three times and finally passed and the Mayor and Clerk be authorized to sign same. 2.Delegation of Authority during the Restricted Period between Nomination Day and the Commencement of the new Term of Council 1.Delegation of Authority during the Restricted Period between Nomination Day and Voting Day.pdf2.95-2021 Lame Duck Period.pdfP. Parker, Town ClerkRecommended Action That authority BE DELEGATED to the Chief Administrative Officer or delegate for the period when certain acts of Council are in effect, pursuant to section 275 of the Municipal Act, 2001, S.O. 2001, c.25, to address matters as follows: Hire or dismiss any employee, except where delegation of authority is not allowed by the Act; The disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal; and, Making any unbudgeted expenditures or incurring any other liability which exceeds $50,000. The Chief Administrative Officer or delegate consult with the Town Solicitor and, where appropriate, the Director of Financial and IT Services or designate prior to exercising the delegated authority; The Chief Administrative Officer or delegate BE DIRECTED TO ADVISE the newly elected Council in writing, at the new Council’s first regularly scheduled meeting, of any exercising of delegated authority under By-law 95-2021; and, By-law 95-2021 being a by-law to authorize the delegated authority for restricted acts during the restricted period be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same. M.REPORTS - CAO's OFFICE No reports at this time.N.NOTICES OF MOTION 1.Councillor Lucier may move, or cause to have moved: That a section for environmental considerations be added and addressed in all staff reports to Council under a new heading to be titled 'Environmental Considerations' beginning with the December 15 Regular Meeting.O.UNFINISHED BUSINESS AND ANNOUNCEMENTS P.BYLAWS 1.By-law 98-2021 1.98-2021 Confirmatory November 22 2021.pdfBeing a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its November 8, 2021 Regular Meeting of CouncilQ.CLOSED SESSION Pursuant to section 239(2) of the Municipal Act, 2001, Council will enter into Closed Session to address the following item: ITEM i) Subsection 239(2)(f) [advice that is subject to solicitor-client privilege, including communications necessary for that purpose] and Subsection 239(2)(e) [litigation or potential litigation, including matters before administrative tribunals, affecting the municipality] RE: Brotto Investments Inc. v. Kingsville, 183 Main St. E., Conservation Review Board CRB2010 and Ontario Land Tribunal Appeals (OLT-21-001154, OLT-21-001289 and PL210281).R.CLOSED SESSION Pursuant to Section 239(2) of the Municipal Act, 2001, Council will enter into Closed Session to address the following item:ITEM ii) Subsection 239(2)(d) [labour relations or employee negotiations] RE: Update regarding the Town's contract negotiations with International Brotherhood of Electrical Workers (IBEW) Local 636.S.REPORT OUT OF CLOSED SESSION T.ADJOURNMENT No Item Selected This item has no attachments1.October Chq Title AODA.pdf2.October Cheque Report AODA.pdf1.BIA Minutes October 13 2021.pdf1.Mattice-Val CoteProperty Assessment.pdf1.2021-10-20_Letter_All COE Municipalities_Agricultural Community Liaison - MB Revisions.pdf2.2021-1020-CCS-R009-MB Agricultural Community Liaison.pdf1.LS-07-2021 Alternative Voting Method - Election 2022.pdf2.96-2021 Alternative Voting Methods.pdf1.Update on By-Law to prohibit and regulate nuisances related to Greenhouse Odours and Lighting.pdf1.IED 2021-48 West Side Collector Road - MOU.pdf2.Appendix A.pdf3.92-2021 Expropriation - West Side Collector Road.pdf1.Delegation of Authority during the Restricted Period between Nomination Day and Voting Day.pdf2.95-2021 Lame Duck Period.pdf1.IED 2021-46 Sun Valley Estates Phase 4 - Initial Acceptance .pdf2.1818_001 Request for Initial Acceptance.pdf1.IED 2021-45 Sun Valley Estates Phase 2 - Final Acceptance.pdf2.Request for Final Acceptance and Assumption.pdf1.2021-10-20_Letter_PM_Support Leamington LTC_Encl.pdf1.SPA 16 2021 T and J Abbrussese.pdf2.Appendix A - Location Map SPA 16 2021.pdf3.Appendix B - Telecommunications Policy 2019.pdf4.Appendix C - ON7985 Mail Notification.pdf5.Appendix D - ON7985 Justification Report.pdf6.Appendix D-1 - Revised Site Plan Nov 2021.pdf1.CWATS_KingsvilleCouncil_final (4).pdf2.Map 2A County Wide - Facility Types Nov2021 v2 reduced2.pdf3.Map 2B Build-Up Areas - Facility Types Nov2021 v2 (2).pdf1.SPA 17 21 - Golden Acres - Road 3 E.pdf2.Appendix A - Location Map SPA 17 2021.pdf3.Appendix B - Site Plan Sketch.pdf4.Appendix C - Water Allocation.pdf5.Appendix D - ERCA Comment.pdf1.Temporary Farm Worker Housing Study.pdf1.98-2021 Confirmatory November 22 2021.pdf1.Post-Meeting Minutes - Committee of the Whole_Oct18_2021 - English.pdf1.Post-Meeting Minutes - Regular Council Meeting_Nov08_2021 - English.pdf