REGULAR MEETING OF COUNCIL

AGENDA

Meeting #:
Date:	Monday, August 13, 2018 at 7:00 P.m. - 8:00 P.m.
Location:	Council Chambers 2021 Division Road N Kingsville, Ontario N9Y 2Y9

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A.

CALL TO ORDER

B.

MOMENT OF SILENCE AND REFLECTION

C.

PLAYING OF NATIONAL ANTHEM

D.

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.

E.

PRESENTATIONS/DELEGATIONS

1.

Kingsville Fire Chief Chuck Parsons--Swearing-in ceremony of nine (9) firefighters

2.

Edgar Klassen, Resident--Request dated July 13, 2018 RE: Potential removal of a 12' section of approach, to be replaced with 12' curb, in front of 24 Myrtle St., Kingsville (SEE: photographs submitted by Mr. Klassen (SEE ALSO:  Staff Report I.5)

3.

Doug Plumb on behalf of Residents in the impact zone of the proposed sidewalk construction on Queen Street--Request dated July 23, 2018 RE: Sidewalk Construction (SEE: Staff Report I.6)

F.

MATTERS SUBJECT TO NOTICE

1.

Zoning By-Law Amendment ‘H’ Removal ZBA/13/18 Diane Balen, Andrea Shaughnessy, Tom Lawrence & Anthony Burrell 169 Prince Albert Street North Part of Lots 1 & 2, Concession 1, Western Division

K. Brcic, Town Planner

i) Notice of Public Meeting, dated July 23, 2018

ii) Report of K. Brcic dated August 1, 2018 with attached Appendices A, B and C

iii) Proposed By-law 90-2018, being a by-law to amend by-law no. 1-2014, the Comprehensive Zoning By-law

• Recommended Action

  It is recommended that Council approve zoning by-law amendment application ZBA/15/18 for removal of the H-Holding symbol, from a portion of the subject lands, as shown on the amending by-law, as a condition of consent File B/08/18 on lands known as Part of Lots 1 & 2, Concession 1, WD, also known as 169 Prince Albert Street North, Town of Kingsville and adopt the implementing by-law.

2.

Zoning By-law Amendment Application ZBA/16/18 by MOS Enterprises Ltd. – 1501, 1521, 1523 & 1527 County Road 34 Part of Lot 20, Concession 4 ED, Parts 1 to 8, RP 12R 14851, Parts 1

R. Brown, Manager of Planning Services

i) Notice of Public Meeting dated July 24, 2018

ii) Report of R. Brown, Manager of Planning Services, dated July 26, 2018 with attached Appendices A, B, C, D and E

iii) Proposed By-law 95-2018, being a by-law to amend By-law No. 1-2014 the Comprehensive Zoning By-law for the Town of Kingsville

• It is recommended that Council approve zoning by-law amendment ZBA/16/18 to:

  permit a medical marihuana production facility on property located at 1501, 1521, 1523 & 1527 County Road 34;

  address the required relief or exemption from specific provisions in Section 4.46 of the Kingsville Zoning By-law as detailed in the amending by-law;

  add odour control provisions as outlined in the attached amendment, and

  adopt the implementing by-law.

3.

Zoning By-law Amendment Application ZBA/17/18 by Kapital Produce Ltd. – 1506, 1508 & 1526 County Road 34 & 1636 Road 4 E, Part of Lot 21, Concession 4 ED, Parts 1 & 2, RP 12R 15280,

R. Brown, Manager Planning Services

i) Notice of Public Meeting dated July 24, 2018

ii) Report of R. Brown, Manager of Planning Services with attached Appendices A, A-2, B, C, D and E

iii) Proposed By-law 96-2018, being a by-law to amend By-law No. 1-2014 the Comprehensive Zoning By-law for the Town of Kingsville

• It is recommended that Council approve zoning by-law amendment ZBA/17/18 to:

  permit a medical marihuana production facility on property located at 1506, 1508 & 1526 County Road 34 & 1632 Road 4 E;

  address the required relief or exemption from specific provisions in Section 4.46 of the Kingsville Zoning By-law as defined in the amending by-law;

  add odour provisions as outlined in the attached amendment, and

  adopt the implementing by-law.

G.

AMENDMENTS TO THE AGENDA

H.

ADOPTION OF ACCOUNTS

1.

Town of Kingsville Accounts for the monthly period ended July 31, 2018 being TD cheque numbers 0065961 to 0066223 for a grand total of $1,555,000.86

• Recommended Action

  That Council approves Town of Kingsville Accounts for the monthly period ended July 31, 2019 being TD cheque numbers 00659621 to 0066223 for a grand total of $1,555,000.86

I.

STAFF REPORTS

1.

2018 Water & Wastewater Rate Study

R. McLeod, Director of Financial Services

• That council accept the proposal from Watson & Associates for 2018 Water and Wastewater rate study and completion of the Ontario Regulation 453/07: Water Financial Plan.

2.

Five Year Agreement with Kingsville Folk Festival

M. Durocher, Parks and Recreation Programs Manager

• Recommended Action

  That Council agree to enter into a 5 year agreement with Sun Parlour Folk Music Society for the holding of the Kingsville Folk Festival, effective August 1, 2018 through to August 16, 2022, and authorize the Mayor and Clerk to execute said Agreement.  

3.

2019 Kingsville Highland Games

M. Durocher, Manager of Parks and Recreation Programs

• Recommended Action

  Administration Recommends that if the event is the financial responsibility of the Town of Kingsville, terms of reference be drafted in preparation for the creation of a sub-committee of PRAC;

  And That funding for the 2019 Highland Games be included in the 2019 Operating Budget for Council's consideration;

  And That subject to budget approval, the Highland Games be designated as an Event of Municipal Significance so that a Special Occasion Permit can be applied for.

4.

Road 10 Bridge over Patterson Drain

T. Del Greco, Municipal Services Manager

• Recommended Action

  That Council direct the Mayor and Clerk to execute the attached agreement with SLR Contracting Group, for the replacement of the Road 10 Bridge over the Patterson Drain.

5.

Driveway Approach at 24 Myrtle St

S. Martinho, Manager of Public Works

• Recommended Action

  That Mr. Klassen be responsible to restore the Right-of-Way to meet the standards specified within the Development Manual, Zoning By-law 2014-1 section 5.7, and the Site Plan approved for 24 Myrtle St.

6.

2018 Sidewalk Program

S. Martinho, Manager of Public Works

• That council extend the 2017 sidewalk contract and award the 2018 sidewalk program to Giorgi Bros Inc.

7.

Cemetery By-law Update

S. Martinho, Manager of Public Works

• That council adopt the proposed cemetery By-law 67-2018 and repeal the existing by-law, By-law 90-2012

8.

Road Use Agreement – 2081967 Ontario Limited

G. A. Plancke, Director of Municipal Services

• Recommended Action

  That Council enters into a Road Use Agreement with 2081967 Ontario Limited, for the construction, maintenance, and operation of a Private Electrical Service Line within the Town road allowance as stipulated in the conditions listed within the document Road Use Encroachment Agreement between the Corporation of the Town of Kingsville, and 2081967 Ontario Limited;  and

  That Council direct the Mayor and Clerk to execute said Agreement and adopt the applicable authorizing by-law (94-2018).

J.

BUSINESS/CORRESPONDENCE-ACTION REQUIRED

1.

Brenda Layson and Pat Jackson - Correspondence RE: Grant/Donation Consideration, dated August 7, 2018

• Recommended Action

  That Council consider the grant/donation request from the Trinity Anglican Church for a gazebo to honour Tom Schinkelshoek.

K.

MINUTES OF THE PREVIOUS MEETINGS

1.

Regular Meeting of Council--July 23, 2018

2.

Regular Closed Session Meeting of Council--July 23, 2018

• Recommended Action

  That Council adopts Regular Meeting of Council Minutes dated July 23, 2018 and Regular 'Closed Session' Meeting of Council Minutes dated July 23, 2018.

L.

BUSINESS CORRESPONDENCE - INFORMATIONAL

1.

Judi Gollnitz--Email correspondence dated July 17, 2018 RE: Proposed sidewalk construction on the west side of Queen Street from Stewart Street to Herrington. 

2.

Town of Lakeshore--Correspondence dated July 16, 2018 RE: Safety Warnings on Vehicles to Remind the Public Not to Leave Children  and/or Animals in Hot Vehicle.

3.

Township of Howick--Correspondence dated July 19, 2018 RE: Request for Support of Resolution passed July 17, 2018 RE:  Cemetery Funds 

4.

City of Niagara Falls--Resolution passed July 10, 2018 RE: Association of Municipalities of Ontario and NAFTA

5.

Township of North Stormont--Resolution No. RES-1437-2018 RE: Ontario's Green Energy Act

• Recommended Action

  That Council receive information items 1-5.

M.

NOTICES OF MOTION

1.

Councillor Neufeld may move, or cause to have moved:

That Council direct Administration to have a Town of Kingsville by-law enforcement officer on-call after hours for enforcement purposes, and that the costs of such additional enforcement services be incorporated into the 2019 municipal budget

2.

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

That Council recognize Karen A. Batke as Citizen of the Year

N.

UNFINISHED BUSINESS, ANNOUNCEMENTS AND UPDATES

1.

Veterans Voices of Canada local members - Invitation and sponsorship form re: Flags of Remembrance Ceremony to be held September 22, 2018 as provided by County of Essex (See email of County Clerk dated July 19, 2018)

O.

BYLAWS

1.

By-law 59-2018

Being a By-law to provide for the construction of a bridge over the 9th Concession Road Drain (Owner: Thomas and Melissa Neufeld and Kottoor Investments Inc.; 530-01900 and 530-01830) in the Town of Kingsville, in the County of Essex

To be read a third and final time.

• Recommended Action

  That Council read By-law 59-2018, being a By-law to provide for the construction of a bridge over the 9th Concession Road Drain (Owner: Thomas and Melissa Neufeld and Kottoor Investments Inc.; 530-01900 and 530-01830) in the Town of Kingsville, in the County of Essex, a third and final time.

2.

By-law 67-2018

Being a By-law to establish rules and regulations to be used in connection with all cemeteries owned and operated by The Corporation of the Town of Kingsville

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

• Recommended Action

  That Council read By-law 67-2018, being a By-law to establish rules and regulations to be used in connection with all cemeteries owned and operated by The Corporation of the Town of Kingsville, a first, second and third and final time.

3.

By-law 88-2018

Being a By-law authorizing the entering into of an Agreement with Sam's Shell & Used Cars o/a Sam's Service Facility for certain Fleet Maintenance Services

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

• Recommended Action

  That Council read By-law 88-2018, being a By-law authorizing the entering into of an Agreement with Sam's Shell & Used Cars o/a Sam's Service Facility for certain Fleet Maintenance Services, a first, second and third and final time.

4.

By-law 89-2018

Being a By-law imposing special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act (93 Road 6 W, Cottam)

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

• Recommended Action

  That Council read By-law 89-2018, being a By-law imposing special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act (93 Road 6 W, Cottam), a first, second and third and final time.

5.

By-law 90-2018

Being a by-law to amend the Comprehensive Zoning By-law (ZBA/13/18; 169 Prince Albert St. North, Kingsville)

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

• Recommended Action

  That Council read By-law 90-2018, being a by-law to amend the Comprehensive Zoning By-law (ZBA/13/18; 169 Prince Albert St. North, Kingsville), a first, second and third and final time.

6.

By-law 93-2018

Being a by-law to authorize the entering into of a contract with SLR

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

• Recommended Action

  That Council read By-law 93-2018, being a by-law to authorize the entering into of an Agreement with SLR Contracting Group Inc respecting the replacement and improvement of the culvert across Road 10 within the Patterson Drain, a first, second and third and final time.

7.

By-law 94-2018

Road use encroachment agreement

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

• Recommended Action

  That Council read By-law 94-2018, being a by-law authorizing the entering into of a Road Use Agreement with 2081967 Ontario Ltd. o/a Thermo Energy Systems Inc, a first, second and third and final time.

8.

By-law 95-2018

Being a By-law to amend the Comprehensive Zoning By-law

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

• Recommended Action

  That Council read By-law 95-2018, being a By-law to amend By-law No. 1-2014, the Comprehensive Zoning By-law, a first, second and third and final time.

9.

By-law 96-2018

Being a by-law to amend the Comprehensive Zoning By-law

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

• Recommended Action

  That Council read By-law 96-2018, being a By-law to amend By-law No. 1-2014, the Comprehensive Zoning By-law, a first, second and third and final time.

P.

CONFIRMATORY BY-LAW

1.

By-law 97-2018

Being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its August 13, 2018 Regular Meeting

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

• Recommended Action

  That Council read By-law 97-2018, being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its August 13, 2018 Regular Meeting, a first, second and third and final time.

Q.

ADJOURNMENT