REGULAR MEETING OF COUNCIL

AGENDA

Meeting #:
Date:	Monday, February 11, 2019 at 7:00 P.m. - 9:00 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.

Tony and Mary Taylor--Request dated January 17, 2019 RE: Concerns regarding noise issues re: Car Wash, Planning Issues

i) A Staff Report has been prepared for Council's information (see Staff Report Item I-3)

F.

MATTERS SUBJECT TO NOTICE

1.

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 January 18, 2019

ii) Report of R. Brown, dated January 8, 2019 with attached Appendices

iii) Proposed By-law 95-2018, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

• Recommended Action

  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;

  AND THAT Council 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;

  AND THAT odour control provisions be added as outlined in the attached amendment;

  AND FURTHER THAT Council adopts the implementing by-law.

2.

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 of Planning Services

i) Notice of Public Meeting, dated January 18, 2019

ii) Report of R. Brown, dated January 8, 2019 with attached Appendices

iii) Proposed By-law 96-2018, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

• Recommended Action

  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 & 1636 Road 4 E;

  AND THAT Council 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;

  AND THAT odour provisions be added as outlined in the attached amendment;

  AND FURTHER THAT Council adopts the implementing by-law.

G.

AMENDMENTS TO THE AGENDA

H.

ADOPTION OF ACCOUNTS

1.

Town of Kingsville Accounts for the monthly period ended January 31, 2019 being TD cheque numbers 0067753 to 0068165 for grand total of $3,118,726.38

• Recommended Action

  That Council approve Town of Kingsville Accounts for the monthly period ended January 31, 2019 being TD cheque numbers 0067753 to 0068165 for grand total of $3,118,726.38

I.

STAFF REPORTS

1.

Cat Intake Program – Windsor Essex County Humane Society

R. Baines, Deputy Clerk - Administrative Services

• Recommended Action

  That Council approves the two-year agreement between the Windsor/Essex County Humane Society and the Town of Kingsville for the continuation of the 2019-2020 Cat Intake Program, and adopts Authorizing By-law 9-2019 at this Regular Meeting.

2.

Councillor Remuneration – Impact of 1/3 Tax Exemption Changes

R. McLeod, Director of Financial Services

• Recommended Action

  That Council adopt by-law 18-2019 which reflects an increase in council remuneration in response to the elimination of the 1/3 tax exemption provisions for elected officials.

3.

Compliance Timeline – 281 Main St W.

R. Brown, Manager of Planning Services

• Recommended Action

  That Council receives the report on compliance time lines at 281 Main St. E. for information purposes and direct staff to continue with full enforcement actions to achieve the required noise limit of 60 dBs at the nearest residential property line as per Section 22 (v) of the site plan agreement.

4.

Site Plan Public Input Process

R. Brown, Manager of Planning Services

• Recommended Action

  That Council receive the report on site plan public input and direct administration to incorporate the suggested notice process in the Site Plan Application Standard Operating Procedure (SOP).

5.

Application for Part Lot Control - PLC/01/19 York Subdivision Phase 4A &4B (correction and update)

R. Brown, Manager of Planning Services

• Recommended Action

  That Council repeal by-laws 116-2016 and 117-2016; 

  AND THAT Council enact Part Lot Control Exemption By-law 12-2019 to allow Lots 9, 10 and 11 inclusive on Plan 12M 587 and Lots 19 through 36, inclusive on Plan 12M 619 to be exempt from Section 50(5) of the Planning Act;

  AND FURTHER THAT Council authorize staff to forward the by-law for approval to the County of Essex Planner and register the final approved by-law on title.

J.

BUSINESS/CORRESPONDENCE-ACTION REQUIRED

1.

Tecumseh Police Services Board Chair Christopher Hales--Discussion paper on the subject of Amalgamation of Essex Detachment Police Services Boards, dated June 29, 2018

• Recommended Action

  That Council provide its comments regarding the anticipated amalgamation of the Police Services Boards across Essex County, which shall be forwarded, along with the comments received from the Kingsville Police Services Board, to the Tecumseh Police Services Board.

2.

Autism Ontario - World Autism Awareness Day RE: Raise the Flag on April 2, 2019

• Recommended Action

  That Council consider participating in Autism Ontario's 'Raise the Flag' campaign by declaring Tuesday, April 2, 2019 as Autism Awareness Day in the Town of Kingsville, and further, directing Administration to register forthwith with Autism Ontario for the "Raise the Flag" event.

3.

Municipality of Leamington--Correspondence dated January 28, 2019 RE: Dedicated Gas Tax for Public Transportation Program

• Recommended Action

  That Council endorses the Municipality of Leamington to act in the capacity of host community in the 2018/2019 Dedicated Gas Tax Funds for Public Transportation Program.

4.

Lions Club--Correspondence dated January 31, 2019 RE: Grant Funding Project

• Recommended Action

  That Council consider release of the grant funds in accordance with motion No. 96-2019 passed at the January 30, 2019 Special Meeting of Council.

5.

By-law Appeal Committee appointments

• Recommended Action

  That Council consider the appointment of Members to the By-law Appeal Committee and adopt By-law 20-2019.

K.

MINUTES OF THE PREVIOUS MEETINGS

1.

Regular Meeting of Council-January 14, 2019

2.

Special Meeting of Council-January 17, 2019

3.

Special Meeting of Council-January 18, 2019

4.

Special Meeting of Council--January 30, 2019

• Recommended Action

  That Council adopts Regular Meeting of Council Minutes dated January 14, 2019 and Special Meeting of Council Minutes, dated January 17, 2019 (Budget Deliberations #1), January 18, 2019 (Council Orientation Session #4) and January 30, 2019 (Budget Deliberations #2)

L.

MINUTES OF COMMITTEES AND RECOMMENDATIONS

1.

Union Water Supply System Joint Board of Management - November 21, 2018

• Recommended Action

  That Council receive Union Water Supply System Joint Board of Management Meeting Minutes dated November 21, 2018

2.

Police Services Board - November 28, 2018

• Recommended Action

  That Council receive Police Services Board Meeting Minutes dated November 28, 2018

3.

Kingsville B.I.A. - December 11, 2018

• Recommended Action

  That Council receive Kingsville B.I.A. Meeting Minutes dated December 11, 2018

M.

BUSINESS CORRESPONDENCE - INFORMATIONAL

1.

Ministry of Agriculture, Food and Rural Affairs, Environmental Management Branch-Memorandum from Tim Brook, Drainage Program Coordinator dated January 11, 2019 RE: Agricultural Drainage Infrastructure Program

2.

Municipal Property Assessment Corporation-Memorandum dated December 14, 2018 from Carla Y. Nell, Vice-President, Municipal and Stakeholder Relations with attached 2018 Year-End Assessment Report

3.

Town of Georgina-Correspondence from C. Lance, Council Services Coordinator, Clerk's Division, dated January 21, 2019 with accompanying Resolution No. C-2019-0021 passed January 16, 2019 RE: Bill 66-Restoring Ontario's Competitiveness Act

4.

Town of Orangeville-Correspondence from S. Greatrix, Clerk, dated January 17, 2019 RE: Resolution passed by the Council of the Town of Orangeville on January 14, 2019 opposing planned changes to the Planning Act in proposed Bill 66

5.

Township of Mattice-Val Cote--Correspondence dated January 11, 2019 requesting Support of Resolution No. 18-190 passed by the Council of the Township of Mattice-Val Cote RE: Council members' Declaration of Office

6.

Town of Shelburne--Resolution No. 8 dated January 14, 2019 endorsing and supporting the re-establishment of the multi-stakeholder working group in exploring and identifying ways to create and maintain the Voters' List for Municipal Elections

7.

Town of Mono--Correspondence from Mayor L. Ryan dated January 22, 2019 including Mono's Res. No. 12-1-2019 passed January 8, 2019 endorsing and supporting the Town of Kearney's resolution regarding the inadequacy of the Municipal Election Voters' List.

8.

Patterson Taxi--Correspondence from D. Renaud dated October 26, 2018 RE: Taxi Driver Licences

• Recommended Action

  That Council receive information items 1-8.

N.

NOTICES OF MOTION

O.

UNFINISHED BUSINESS, ANNOUNCEMENTS AND UPDATES

P.

BYLAWS

1.

By-law 95-2018

Being a By-law to amend By-law No. 1-2014 the Comprehensive Zoning By-law

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

2.

By-law 96-2018

Being a By-law to amend By-law No. 1-2014 the Comprehensive Zoning By-law

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

3.

By-law 120-2018

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 third and final time.

4.

By-law 7-2019

Being a By-law authorizing the entering into of a Licence Agreement with the Sun Parlour Folk Music Society

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

5.

By-law 9-2019

Being a By-law authorizing the entering into of an agreement with Windsor/Essex County Humane Society

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

6.

By-law 12-2019

Being a By-law to exempt certain lands from Part Lot Control (York Subdivision, Phase 4A - 12M 587 and Phase 4B - Plan 12M 619)

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

7.

By-law 16-2019

Being a By-law authorizing the entering into of an Agreement with Pro-Bid Contractors Limited respecting 3rd Concession-Clifford Drain Improvements (N. J. Peralta Engineering Ltd. Project No.: D-17-030) (full contract document available for review in Department of Corporate Services)

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

8.

By-law 18-2019

Being a By-law respecting remuneration and expenses for Members and Council and Local Boards

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

9.

By-law 19-2019

Being a by-law to assume Bruner Court as a public highway in the Town of Kingsville

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

10.

By-law 20-2019

Being a By-law to amend By-law No. 2-2019 appointing certain members of Council and individuals to boards and committees

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

Q.

CLOSED SESSION

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

• Recommended Action

  Pursuant to section 239 of the Municipal Act, 2001, Council enter into Closed Session.

1.

Section 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, being LPAT Case No. PL180865

2.

Section 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; being an application for expropriation of a portion of waterfront lands for park purposes.

R.

REPORT OUT OF CLOSED SESSION

S.

CONFIRMATORY BY-LAW

1.

By-law 21-2019

Being a By-law to confirm the proceedings of the Council for The Corporation of the Town of Kingsville at its February 11, 2019 Regular Meeting of Council

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

T.

ADJOURNMENT