REGULAR MEETING OF COUNCIL

AGENDA

Meeting #:
Date:	Monday, November 26, 2018 at 7:00 P.m. - 9:00 P.m.
Location:	Council Chambers 2021 Division Road N Kingsville, Ontario N9Y 2Y9

---

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.

MATTERS SUBJECT TO NOTICE

1.

PUBLIC MEETING--Licensing, Regulating and Registration of Dogs Proposed By-law Amendment

R. Baines, Deputy Clerk-Administrative Services

i) Notice of Consideration of Amendments to Licensing, Regulating and Registration of Dogs By-law, dated October 9, 2018.

ii) Report dated November 26, 2018;

iii) Proposed By-law 122-2018, being a by-law to amend By-law 103-2003, as amended, being a By-law to provide for the licensing, regulating and registration of dogs with the Town of Kingsville

• That Council receives this report and adopt By-law 122-2018 amending the Licensing, Regulating and Registration of Dogs By-law 103-2003, as amended.

2.

PUBLIC MEETING--Application for Zoning By-law Amendment ZBA/25/18 by Jeremy Capussi 140 Main St. E, Pt. of Lot 1, Concession 1 ED, Pts. 1 & 2, RP 12R 14569

R. Brown, Manager of Planning Services

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment, dated November 6, 2018;

ii) Report dated November 16, 2018;

iii) Proposed By-law 123-2018, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville

• It is recommended that Council approve zoning amendment application ZBA/25/18 to rezone a portion of the lands (Phase One) located at 140 Main St E. from Residential Zone 1 Urban – holding ‘R1.1(h)’ to a site-specific Residential Zone 4 Urban Exception 5 ‘R4.1-5’ to permit:

  One apartment dwelling, maximum 3 storey, maximum 24 units with a partial fourth storey amenity area;

  Permit a reduced front yard setback of 3.9 m (12 ft.);

  Permit a reduced easterly side yard setback of 2.8 m (9 ft.), and

  adopt the implementing by-law.

3.

PUBLIC MEETING--Application for Zoning Amendment - ZBA/20/18 by Robert & Barbara Dick & Helena Koop – Owners Heather Scott – Authorized Applicant 101 Mill St. W Part of Lot 1 & 2, Concession 1 WD Roll No. 3711 160 000 02710

K. Brcic, Town Planner

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment, dated November 6, 2018;

ii) Report dated November 19, 2018;

iii) Powerpoint presentation by Applicant;

iv) Proposed By-law 125-2018, being a by-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville

• It is recommend that Council approve zoning amendment application ZBA/20/18 to amend the current ‘Residential Zone 1 Urban Exception 20 (R1.1-20)’ zoning of the lands known as 101 Mill Street West, in the Town of Kingsville, to revise the permitted uses as follows:

  The existing uses as follows:

  Those uses permitted under Section 6.1 Residential Zone 1 Urban (R1.1);

  An inn, an assembly hall, a banquet facility and a gift shop.

  OR;

  The proposed use as follows:

  A holistic health centre and an accessory gift shop;

  and adopt the implementing by-law.

F.

AMENDMENTS TO THE AGENDA

G.

STAFF REPORTS

1.

Hillview Crescent Parking - Traffic By-Law Revision

T. Del Greco, Manager of Municipal Services

• That Council approves an amendment of the Kingsville Traffic By-Law (21-2005) to include the addition of “No Parking” signs on the south side of Hillview Crescent from Division Street North to the eastern property line of 55 Hillview Crescent.

2.

Special Needs Signage Requests

G. A. Plancke, Director of Municipal Services

• That Council receive the information specific to the installation of “Special Needs” signage and further that Council direct administration to formalize a Special Needs Sign Installation Policy based in accordance with the following stipulations:

  • A physician’s statement identifying the extent of the disability.
  • Concurrence from the parents of their understanding that the sign will only remain in place for a predefined period (Typically five (5) year increments), and will be removed when the child reaches a specified age (typically thirteen (13) years of age), or no reconfirmation from the parents requesting the sign that the requirement for the sign is still valid after the initial five (5) year installation period.

    (Age confirmation may include a sworn statement of the child’s date of birth).

  • Written acknowledgement from the parents of their understanding that the sign is no guarantee of their child’s safety and that they remain responsible for the monitoring of their child’s activities.
  • A commitment to notify the municipality in a timely manner of any positive changes in their child’s impairments (for example, cochlear implants, use of a hearing aids etc. for children with hearing impairments).
  • A commitment to notify the municipality in a timely manner of any relocation to another place of residence.

3.

Kingsville Range Light Relocation

G. A. Plancke, Director of Municipal Services

• That Council receive the information as presented, and to accept the donation of the Kingsville Range Light as donated by the Kingsville Historical Park Museum Board of Directors provided that:

  The sum of $33,000 be included into the 2019 Capital budget for expenses related to the relocation, and permanent placement of the “Kingsville Lighthouse”.

4.

Pedestrian Cross Walk Requests

G. A. Plancke, Director of Municipal Services

• That Council receive the information provided, and that $24,000 be included within the 2019 Capital budget deliberations for the installation of two (2) Pedestrian Crossovers to be located at the intersection of Division St. S. and Pearl St. and 44 Main St. E. respectively and that;

  Council direct administration to develop a Pedestrian Crossover Policy as a guidance document to govern supplemental requests for Pedestrian Crossovers for discussion a future date Council.

5.

Final Acceptance / Royal Oak at the Creek Phase 8a

G. A. Plancke, Director of Municipal Services

• Municipal Services recommends that Council concur with the request of the Developer’s Engineer and endorsed by the Director of Municipal Services for the Town to grant “Final Acceptance” of the roadway and infrastructure for the Royal Oak at the Creek Phase 8a subdivision.

6.

Application for Site Plan Approval SPA/13/18 by 2623991 Ontario Ltd. 609 Road 3 E Part of Lot 4, Con 2 ED, Part 1, RP 12R 11488, Part 2, RP 12R 22191

R. Brown, Manager of Planning Services

• It is recommended that:

  Council approve Phase one of the proposed greenhouse development for a medical marihuana production facility, subject to the conditions outlined in the site plan agreement, for a 5.78 ha (13.78 ac.) greenhouse with auxiliary warehouse and supporting facilities and authorize the Mayor and Clerk to sign the site plan agreement and register said agreement on title, and

  Council require a security deposit equal to 50% of the total cost of the odour control system, lighting control system and Road 3 E road improvements (Phase One only) to be deposit with the Town prior to release of any building permits.

7.

Committee of Adjustment & Planning Advisory Committee Composition

R. Brown, Manager of Planning Services

• It is recommended that Council:

  Discontinue the Planning Advisory Committee for 2019;

  Modified the membership of the Committee of Adjustment to include lay people only, and

  Consider utilizing any interested PAC members to replace open positions on the Committee of Adjustment.

8.

2014 – 2018 Committee Review Report

J. Astrologo, Director of Corporate Services

• That Council maintain the remuneration payment for the following statutorily mandated Committees: Accessibility Advisory, Committee of Adjustment/Fenceviewers/Property Standards, Compliance Audit Committee, Planning Advisory Committee, and Police Services Board;

  And That remuneration be maintained for the following Committees in which there is only a Council appointee (if these Committees will be reestablished for the 2018-2022 Council Term): Business Improvement Association (BIA), Erie Shores Community Transit Committee, Essex Region Conservation Authority, Joint Management Board of the Union Water Supply System, Kingsville Historical Park Inc., Kingsville Leamington Animal Control Committee, Marina Committee, Migration Community Hall Board of Directors, Pelee Island Transportation Services Advisory Committee, Personnel Committee, Port of Kingsville Co-Tenancy Management Committee, and Striking Committee;

  And That Council discontinue the stipend paid to all other Committees and ensure that the volunteers and are provided with some form of non-monetary recognition from the Town in appreciation for their services;

  And that Council provide direction to Administration regarding which Committees should be advertised for the upcoming Council Term;

  And that Council provide direction to Administration with respect to amending the Terms of Reference for various advisory Committees, by mandating a minimum of 4 meetings per year without establishing a maximum number of meetings.

9.

Policy to Appoint an Alternate to Essex County Council

J. Astrologo, Director of Corporate Services

• That Council receives Staff Report CS-22-2018, entitled, “Policy to Appoint an Alternate to Essex County Council” for information;

  And That Council adopts the Corporate Services Policy entitled, Appointment of an Alternate to County Council;

  And That Council directs the Clerk commence the process to appoint the Alternate immediately following the Inaugural Meeting so that the necessary by-law can be passed at the December 10, 2018 Regular Meeting of Council.

H.

BUSINESS/CORRESPONDENCE-ACTION REQUIRED

1.

Correspondence of residents of Olinda Sideroad dated October 29, 2018 with attached Petition to level and resurface Olinda Sideroad and service storm drains (SEE: Agenda Item L-2)

• Recommended Action

  That Council receive Petition of Residents of Olinda Sideroad, dated October 31, 2018 together with accompany cover correspondence dated October 29, 2018, and refer same to Administration for report.

I.

MINUTES OF THE PREVIOUS MEETINGS

1.

Regular Meeting of Council--November 13, 2018

2.

Regular 'Closed Session' Meeting of Council--November 13, 2018

• Recommended Action

  That Council adopts Regular Meeting of Council Minutes dated November 13, 2018 and Regular 'Closed Session' Meeting of Council Minutes dated November 13, 2018.

J.

MINUTES OF COMMITTEES AND RECOMMENDATIONS

1.

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

• Recommended Action

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

2.

Kingsville Municipal Heritage Advisory Committee--October 10, 2018

• Recommended Action

  That Council receive Kingsville Municipal Heritage Advisory Committee Meeting Minutes, dated October 10, 2018.

K.

BUSINESS CORRESPONDENCE - INFORMATIONAL

1.

Cheryl and Paul Lowes--Correspondence dated November 6, 2018 RE:  Drainage issues

2.

Windsor-Essex County Health Unit (WECHU) Board of Health --Cannabis Resolution Recommendation passed at its Board of Health Meeting held on October 18, 2018

• Recommended Action

  That Council receives Business Correspondence-Informational items 1 and 2.

L.

NOTICES OF MOTION

1.

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

That Administration investigate and report back to the new Council elect, the feasibility of adopting a policy similar to the recently approved policy of Secondary Suites to help ease the affordable housing shortage, based on compliance on both Building Code and Fire regulations

2.

Councillor Patterson may move, or cause to have moved:

That a petition signed by the residents of the Olinda Sideroad be forwarded to management regarding the Olinda Sideroad as a safety concern.

3.

Councillor Patterson may move, or cause to have moved:

That the Town's Council representatives discuss with Essex County Council to consider that the speed limit on County Road 27 from Highway 3 going northeast to County Road 34 in Cottam be reduced from 80 km to 60 km, to the 50 km sign.

M.

UNFINISHED BUSINESS, ANNOUNCEMENTS AND UPDATES

N.

BYLAWS

1.

By-law 122-2018

Being a by-law to amend By-law 103-2003, as amended, being a By-law to provide for the licensing, regulating and registration of dogs within the Town of Kingsville

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

2.

By-law 123-2018

Being a by-law to amend the By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/25/18; 140 Main St. East)

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

3.

By-law 125-2018

Being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/20/18; 74 Laurel St.)

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

4.

By-law 126-2018

Being a by-law to designate a certain property, including land and buildings, known as The Old Fire Hall (30 Main Street East, Kingsville) as being of cultural heritage value or interest under the provisions of the Ontario Heritage Act, R.S.O. 1990, c.O.18 as amended

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

O.

CLOSED SESSION

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

1.

Section 239(2)(c) a proposed or pending acquisition or disposition of land by the municipality; being an update report of CAO P. Van Mierlo-West regarding the Agreement of Purchase and Sale with the Greater Essex County District School Board

P.

REPORT OUT OF CLOSED SESSION

Q.

CONFIRMATORY BY-LAW

1.

By-law 127-2018

Being a by-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its November 26, 2018 Regular Meeting of Council

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

R.

ADJOURNMENT