REGULAR MEETING OF COUNCIL

AGENDA

Meeting #:
Date:	Tuesday, May 23, 2017 at 7:00 P.m. - 8:00 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.

PRESENTATIONS/DELEGATIONS

1.

Dr. Lydia Miljan, Chair, Kingsville Municipal Heritage Advisory Committee

Presentation of four heritage plaques for designated properties municipally known as 1500 County Road 34, 126 Division St. N., 107 Elm St., and 755 Seacliff Drive.

Dr. Miljan will also provide a brief update on Committee activities.

2.

2016 (Draft) audit Financial Statements of The Corporation of the Town of Kingsville

i) Director of Financial Services S. Zwiers and Manager of Financial Services R. McLeod

ii) Mike Cowan, CPA, CA, Audit Partner, BDO Canada LLP

• Recommended Action

  Council approves the audited Financial Statements of The Corporation of the Town of Kingsville for the year ended December 31, 2016 as audited by BDO Canada LLP.

3.

Mr. Matthew Martinho RE:  Request dated May 9, 2017 RE: Use of All Terrain Vehicles 

SEE:  M. Martinho correspondence, dated April 28, 2017

SEE:  Agenda Item J-9 being Police Services Board Meeting Minutes, powerpoint presentation notes, and PSB Motion 18-2017

• Recommended Action

  Council receive correspondence of Matthew Martinho, dated April 28, 2017, review OPP material and recommendations contained therein, and further Council refer said correspondence request of Mr. Martinho to Administration for Report.

F.

MATTERS SUBJECT TO NOTICE

1.

ZBA/01/17 - Zoning By-law Amendment SPA/07/17 – Site Plan Amendment 1933892 Ontario Inc. 6 Park Street Part of Lot 1, Concession 1 ED Roll No. 3711 180 000 02500

K. Brcic, Planner

i) Report of Town Planner, dated May 16, 2017 with attached Appendices A to G

ii) Proposed By-law 44-2017, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville

• Recommended Action

  Council:

  • approves Zoning Amendment Application ZBA/01/17 (1933892 Ontario Inc., 6 Park St.) to amend the current zone ‘Residential Zone 3 Urban Exception 13 (R3.1-13)’ to permit changes in the number of units, building height, lot coverage and setbacks, and adopt the implementing by-law; and
  • approves the proposed site plan amendment to the 2015 site plan agreement, subject to the conditions outlined in the site plan revised agreement, for a 6 storey, 39-unit condominium development and authorize the Mayor and Clerk to sign the site plan agreement and register said agreement on title.

G.

AMENDMENTS TO THE AGENDA

H.

STAFF REPORTS

1.

Vacancy Rebate Proposed Changes

S. Zwiers, Director of Financial Services

• Recommended Action

  Council approves Administration to proceed, in principle, on a collective basis with the County Tax Collectors and Treasurers group to conduct a county wide public consultation session to propose the elimination of the Vacancy Rebate Program in Essex County effective for the 2018 taxation year.

2.

Tax Adjustments Under Section 357 of the Municipal Act, 2001

L. Brohman, Tax Collector

• Recommended Action

  Council authorizes tax reductions totaling $157,298.48 for the 2016 taxation year.

3.

Grovedale House Community Response

M. Durocher, Parks and Recreation Program Manager

• Recommended Action

  Council approves Municipal Services to move forward with the next step of this project, in keeping with the parameters as defined by the public information sessions.

4.

Contract No. MS17-103-01: 2017 Sidewalk Program

K. Girard, Manager of Municipal Services

• Recommended Action

  Council authorizes the award of the 2017 Sidewalk Program contract to Giorgi Bros (1994) Inc. in the amount of $74,143.25 (not including HST) and direct Administration to prepare the necessary authorizing by-law.

5.

M & M Farms Ltd Water Works Petition Next Steps

G. A. Plancke, Director of Municipal Services

• Recommended Action

  Council authorizes Municipal Services to proceed to the next step in the M&M Farms Water Works Water Petition process; being to authorize final plan and specification preparation, and tendering in accordance with the defined steps pursuant to the Water Works Policy as previously endorsed by Council.

6.

1088003 Ontario Ltd. (Albuna Plant Farm) 341 County Road 14 E Part of Lot 21, Concession 9 & Part 2 RP 12R 18894

R. Brown, Manager, Planning and Development Services

• Recommended Action

  Council approves the proposed site plan, subject to the conditions outlined in the site plan agreement, for a four phase 4.87 ha (12 ac.) greenhouse addition/expansion and associated storm water management pond (1088003 Ontario Ltd.; Albuna Plant Farm) and authorize the Mayor and Clerk to sign the site plan agreement and register said agreement on title.

7.

Draft Plan of Subdivision – Queen Valley Subdivision – Cristina Porrone – Amended Draft Plan & Transfer of Blocks

R. Brown, Manager, Planning and Development Services

• Recommended Action

  Council acknowledges the amended draft plan for the Queen Valley Subdivision showing an additional block (Appendix ‘A’ - Block 134) to be conveyed to the Town of Kingsville and agrees to the transfer of ownership of the other noted blocks (Appendix ‘A’ – Blocks 132, 133 & 135 to 142) for storm water management, drainage, one foot reserves and servicing easements

8.

Draft Plan of Subdivision – Valente Lands – 1646322 Ontario Ltd. Change of County Conditions & Acceptance of Ontario Municipal Board Ordered Concept Plan to Draft Plan Form

R. Brown, Manager of Planning and Development

• Recommended Action

  Council acknowledges that the amended draft Plan of Subdivision (Valente - 1646322 Ontario Limited; County of Essex File No.: 37-T-12005) attached as Appendix ‘B’  to Report of R. Brown, Manager of Planning and Development Services, dated May 5, 2017, accurately reflects the Concept Plan (Appendix ‘A’ to said Report) that was approved by the Ontario Municipal Board; and further that Council endorses the proposed change of Item #1 of the County of Essex draft plan conditions.

I.

MINUTES OF THE PREVIOUS MEETINGS

1.

Regular Meeting of Council - May 8, 2017

• Recommended Action

  Council adopts Regular Meeting of Council Minutes dated May 8, 2017

J.

MINUTES OF COMMITTEES AND RECOMMENDATIONS

1.

Union Water Supply System Joint Board of Management--February 15, 2017

• Recommended Action

  Council receives Union Water Supply System Joint Board of Management Minutes, dated February 15, 2017.

2.

Union Water Supply System Joint Board of Management--Special Meeting--March 9, 2017

• Recommended Action

  Council receives Union Water Supply System Joint Board of Management Special Meeting Minutes, dated March 9, 2017.

3.

Union Water Supply System Joint Board of Management Special Meeting--April 4, 2017

• Recommended Action

  Council receives Union Water Supply System Joint Board of Management Special Meeting Minutes, dated April 4, 2017.

4.

Kingsville BIA--March 7, 2017

• Recommended Action

  Council receives Kingsville BIA Minutes, dated March 7, 2017.

5.

Committee of Adjustment--March 21, 2017

• Recommended Action

  Council receives Committee of Adjustment Meeting Minutes, dated March 21, 2017.

6.

Marina Committee--April 3, 2017

• Recommended Action

  Council receives Marina Committee Minutes, dated April 3, 2017.

7.

Kingsville Municipal Heritage Advisory Committee--April 12, 2017

• Recommended Action

  Council receives Kingsville Municipal Heritage Advisory Committee Meeting Minutes, dated April 12, 2017.

8.

Tourism and Economic Development Committee--April 13, 2017

• Recommended Action

  Council receives Tourism and Economic Development Committee Meeting Minutes, dated April 13, 2017.

9.

Police Services Board--March 29, 2017

• Recommended Action

  Council receives Police Services Board Meeting Minutes, dated March 29, 2017.

• Recommended Action

  Council requests that a Special Meeting of Council be convened so that OPP Constable Gord Keen can appear at such Meeting to present information regarding the use of all terrain vehicles (ATVs) on municipal roads.

K.

BUSINESS CORRESPONDENCE-INFORMATIONAL

1.

Ministry of Municipal Affairs--Correspondence dated May 11, 2017 from Minister Mauro RE: Proposed Building Code--Septic System Pump Out requirement

2.

Deputy Mayor G. Queen--Note of Thanks, dated May 15, 2017 RE: Kingsville Public School Track and Field Event, May 11, 2017

3.

Township of Essa-Correspondence dated May 5, 2017 RE: Request for support of Resolution pursuing the recognition of "New Driver" sign

4.

Township of Cavan Monaghan--Correspondence dated May 4, 2017 to AMO RE: Resolution Distribution

5.

Royal Canadian Legion Branch #188--Invitation to Council, Committee Members, and citizens of the Municipality of Kingsville to annual Memorial Sunday Service on June 4, 2017 at 2:00 p.m. at Greenhill Cemetery

6.

Windsor-Essex County Humane Society-Correspondence from E. Truswell, Events and Community Relations Coordinator, notifying of fundraising initiative

7.

Minister of Seniors Affairs-Correspondence dated May 9, 2017 from Minister Damerla  RE: June as Seniors Month in the Community of Kingsville

8.

Town of Lakeshore--Request for support of Resolution of Lakeshore Council requesting the Province to ease restrictions of surplus dwelling severances in Areas Zoned Agriculture

9.

Ministry of Tourism Culture and Sport--Correspondence dated May 8, 2017 RE: Cycling update from Ministry of Transportation and Ministry of Tourism, Culture and Sport Ministers

• Recommended Action

  Council receives Business Correspondence Information items number 1 to 9 as presented.

L.

NOTICES OF MOTION

1.

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

That the speed hump on Grandview just north of Lakeview be removed.

• Recommended Action

  That the speed hump on Grandview just north of Lakeview be removed.

2.

Councillor Neufeld may move, or cause to have moved:

That Council enter into Closed Session at this Regular Meeting to address an item pertaining to personal matters about an identifiable individual RE: Committee and Council Meeting Attendance.

• Recommended Action

  That Council enters into Closed Session at the appropriate time to address an item pertaining to personal matters about an identifiable individual RE:  Committee and Council Meeting attendance. 

3.

Councillor Neufeld may move, or cause to have moved:

That Administration be directed to ask that Gary Bain, being the Town's appointed representative to E.L.K. Energy Inc. Board of Directors, provide an annual update to Council with E.L.K. in attendance.

• Recommended Action

  That Administration be directed to ask that Gary Bain, being the Town's appointed representative to E.L.K. Energy Inc. Board of Directors, provide an annual update to Council with E.L.K. in attendance, by December 31, 2017.

M.

UNFINISHED BUSINESS, ANNOUNCEMENT, AND UPDATES

N.

BYLAWS

1.

By-law 40-2017

Being a by-law to declare the inapplicability of the designation of a public highway as it relates to Parts 103 and 109 12R-14638, in the Town of Kingsville (housekeeping)

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

• Recommended Action

  Council read By-law 40-2017, being a by-law to declare the inapplicability of a public highway as it relates to Parts 103 and 109 12R-14638, in the Town of Kingsville, a first, second and third and final time.

2.

By-law 44-2017

Being a by-law to amend Zoning By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville

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

• Recommended Action

  Council read By-law 44-2017, being a by-law to amend Zoning By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/01/17) a first, second and third and final time.

3.

By-law 58-2017

Being a By-law to provide for the establishment of rates for the levy and collection of property taxes in the Town of Kingsville for the year 2017 pursuant to the provisions of the Municipal Act

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

• Recommended Action

  Council read By-law 58-2017 to provide for the establishment of rates for the levy and collection of property taxes in the Town of Kingsville for the year 2017 pursuant to the provisions of the Municipal Act, a first, second and third and final time.

4.

By-law 62-2017

Being a By-law authorizing the entering into of an agreement with Windsor-Essex County Humane Society (stray cats)

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

• Recommended Action

  Council read By-law 62-2017, being a By-law authorizing the entering into of an agreement with Windsor-Essex County Humane Society (stray cats) a first, second and third and final time.

5.

By-law 63-2017

Being a By-law authorizing the entering into of an Agreement with Intrepid General Limited for the Rehabilitation of Road 2 West Bridge (#028) over Wigle Creek in the Town of Kingsville (Contract No. MS17-102-01) (Full contract document available for review in Department of Corporate Services)

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

• Recommended Action

  Council read By-law 63-2017, being a By-law authorizing the entering into of an Agreement with Intrepid General Limited for the Rehabilitation of Road 2 West Bridge (#028) over Wigle Creek in the Town of Kingsville (Contract No. MS17-102-01) a first, second, third and final time.

O.

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

  Council at 10:19 p.m., pursuant to Section 239(2)(b) of the Municipal Act, 2001, entered into Closed Session to consider a matter pertaining to personal matters about an identifiable individual, including municipal or local board employees RE: Committee and Council Meeting attendance.

1.

Personal matters about an identifiable individual, including municipal or board employees RE: committee and council meeting attendance (S. 239(2)(b))

P.

REPORT OUT OF CLOSED SESSION

Q.

CONFIRMATORY BY-LAW

1.

By-law 64-2017

Being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its May 23, 2017 Regular Meeting

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

• Recommended Action

  Council read By-law 64-2017, being a By-law to confirm the proceedings of The Corporation of the Town of Kingsville at its May 23, 2017 Regular Meeting, a first, second and third and final time.

R.

ADJOURNMENT

• Recommended Action

  Council adjourn this Regular Meeting at 10:32 p.m.