REGULAR MEETING OF COUNCIL

REVISED AGENDA

Meeting #:
Date:
-
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.
Richard and Chantel Doll--Request dated October 17, 2017 to have the development charges for 1021 Oak Ave. waived or reduced  SEE: Email exchange with S. Zwiers, Director of Financial Services, dated October 15, 2017
This item has attachments.

1.Doll.pdf
  • Recommended Action

    That Council deny the request of Richard Doll and Chantel Doll for the reduction or waiver of development charges with respect to the vacant property municipally known as 1021 Oak Avenue, Kingsville.

2.
Andrew and Faith Vercruysse--Correspondence dated October 18, 2017 RE: Cemetery By-law (SEE Staff Report H-9)
This item has attachments.

1.Vercruysse4.pdf
  • Recommended Action

    That Council authorize Administration to vary from the Cemetery By-law 90-2012 in this instance alone provided there is a distinguishable difference from the front of the Vercruysse monument to the back of the monument. 

F.
MATTERS SUBJECT TO NOTICE

1.
PUBLIC MEETING - Fence By-law Draft Update - 2017
This item has attachments.

1.Fence By-law Draft Update 2017.pdf
2.Fence By-law 2017 Update - Draft.pdf

R. Brown, Manager of Planning and Development Services

i) Report of R. Brown, dated September 22, 2017;

ii) Draft By-law to regulate the height, location and description of fences.

  • Recommended Action

    That Council receive the Report of R. Brown, Manager of Planning and Development Services, dated September 22, 2017 outlining the details of the draft Fencing By-law update for information purposes; and further, Council direct Administration to finalize the By-law including the incorporation of any appropriate public comment or requests.

2.
PUBLIC MEETING-Housekeeping Amendment to Comprehensive Zoning By-law
This item has attachments.

1.Housekeeping Amendment R3.1 to R4.1.pdf
2.ZBL 21 17 - 122 Lansdowne.pdf
3.ZBL 21 17 - 115 Main.pdf
4.ZBL 21 17 - 32 Prince Albert St S.pdf
5.ZBL 21 17 - 109 129 Division N.pdf
6.ZBL 21 17 - 124 Division N.pdf
7.107-2017 ZBL 21 17 - 194 Division N(1).pdf
8.Appendix A - Orginal - Current Zoning Info.pdf

R. Brown, Manager of Planning and Development Services

i) Report of R. Brown, dated October 12, 2017 RE: Housekeeping Amendment to Comprehensive Zoning By-law--Amendment of Existing Zoning on Property located at 32 Prince Albert St. S, 109, 124, 129 and 194 Division St. N., 115 Main St. East and 122 to 148 Lansdowne Avenue

ii) Proposed By-laws 102-2017 to 107-2017

  • Recommended Action

    That Council receive undated correspondence from John Neill to David French, Interim Planner, Town of Kingsville.

  • Recommended Action

    That Council approve rezoning of property located at 122 to 148 Lansdowne Avenue from 'Residential Zone 3 Urban (R3.1)' to 'Residential Zone 4 Urban Exception 3 (R4.1-3)' and adopt the implementing by-law.

  • Recommended Action

    That Council approve rezoning of property located at 115 Main St. E. from 'Residential Zone 3 Urban (R3.1)' to 'Residential Zone 4 Urban Exception 3 (R4.1-3)' and adopt the implementing by-law.

  • Recommended Action

    That Council defer the application to rezone the property located at 32 Prince Albert St. South from 'Residential Zone 3 Urban (R3.1)' to 'Residential Zone 4 Urban Exception 3 (R4.1-3)' pending further notice.

  • Recommended Action

    That Council approve the rezoning of property located at 109 and 129 Division St. North from 'Residential Zone 3 Urban (R3.1)' to 'Residential Zone 4 Urban Exception 3 (R4.1-3)' and adopt the implementing by-law.

  • Recommended Action

    That Council approve the rezoning of the property located at 124 Division St. North from 'Residential Zone 3 Urban (R3.1)' to 'Residential Zone 4 Urban Exception 3 (R4.1-3)' and adopt the implementing by-law.

  • Recommended Action

    That Council deny the application to rezone the property at 194 Division St. North from 'Residential Zone 3 Urban (R3.1)' to 'Residential Zone 4 Urban Exception 3 (R4.1-3)'

  • Recommended Action

    That Council receive all comments and correspondences in regard to the Zoning By-law Amendment Application ZBA/21/17.

3.
PUBLIC MEETING--Zoning By-law Amendment (ZBA/18/17) Donald & Darlene Joudrey (Owner) James Toews (Applicant)
This item has attachments.

1.ZBA 18 17 Joudrey.pdf
2.Appendix A Concept Plan - ZBA 18 17.pdf
3.ZBA 18 17 ZBL.pdf

R. Brown, Manager of Planning and Development Services

i) Report of D. French, dated October 18, 2017 RE: ZBA/18/17--Gladstone Avenue (No address); Lot 16, Plan 1068

ii) Proposed By-law 109-2017, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville

  • Recommended Action

    Council approve zoning amendment application ZBA/18/17 to amend the zoning of the subject property to a ‘Residential Zone 2 Urban, (R2.1)’ classification to also permit a semi-detached dwelling and semi-detached dwelling unit, and adopt the implementing by-law.

4.
PUBLIC MEETING--Zoning Amendment Application ZBA/02/16 HVM Holdings Inc.
This item has attachments.

1.ZBA 02 16 HVM Holdings Inc.pdf
2.Appendix A - Concept Site Analysis - ZBA 02 16.pdf
3.Appendix B - Traffic Impact Assessment - ZBA 02 16.pdf
4.ZBL 02 16 - 200 Main St E.pdf
5.Public Comment I.pdf
6.Submission re Apts Rezoning Application - Kubiak.pdf

R. Brown, Manager of Planning and Development Services

i) Report of R. Brown, dated October 13, 2017RE: ZBA/02/16; 200 Main St. East, Part of Lot 2, Concession 1 ED

ii) Proposed By-law 108-2017, being a by-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville

  • Recommended Action

    Council approve zoning amendment application ZBA/02/16 to rezone the subject property from ‘Residential Zone 1 Urban – holding (R1.1(h)’ to ‘Residential Zone 4 Urban Exception 2 (R4.1-2)’ and adopt the implementing by-law.

G.
AMENDMENTS TO THE AGENDA

H.
STAFF REPORTS

1.
Tax Adjustments Under Sections 357 and 358 of the Municipal Act, 2001
This item has attachments.

1.Tax Adjustments Under Sections 357 and 358 of the Municipal Act, 2001 - October 2017.pdf
2.S357 and 358 - Oct 2017 - Property Listing.pdf

S. Zwiers, Director of Financial Services

  • Recommended Action

    Council authorize tax reductions totaling $18,147.95 for the 2017 taxation year.

2.
Uncollectable Property Tax Write Off Under Section 354 of the Municipal Act, 2001
This item has attachments.

1.Uncollectable Property Tax Write Off Under Section 354 of the Municipal Act, 2001 for 2017 Tax Year.pdf

S. Zwiers, Director of Financial Services

  • Recommended Action

    That Council authorize tax write offs totaling $387.46.

3.
Vacancy Rebate Public Consultation Results and Recommendation
This item has attachments.

1.Vacancy Rebate Public Consultation Results and Recommendation.pdf
2.Vacancy Unit Tax Rebate Powerpoint - 20170926.pdf
3.Vacancy Unit Tax Rebate Survey.pdf

S. Zwiers, Director of Financial Services

  • Recommended Action

    That Council approve the elimination of the Vacant Unit Property Tax Rebate Program in Essex County, and request Essex County Council to seek approval from the Minister of Finance to enact a Regulation for Essex County to eliminate this Program, commencing for the 2018 taxation year. 

4.
Skate Shop Tender
This item has attachments.

1.Skate Shop Agreement.pdf
2.Skate Shop RFP.pdf

M. Durocher, Parks and Recreation Programs Manager

  • Recommended Action

    That Council approve the RFP as submitted by Mr. Ben Ward for the operation of the Arena Skate Shop for the next 3 years.

5.
PLC/02/17 – Amico Properties Inc. 100-148 Blue Jay Crescent
This item has attachments.

1.PLC 02 17 Amico Properties Blue Jay Cres.pdf
2.Appendix A - Plan 12M-598.pdf
3.Appendix B - Plan 12M-598.pdf
4.By-law 83-2017.pdf
5.By-law 83-2017(1).pdf

R. Brown, Manager of Planning and Development Services

  • Recommended Action

    Council waive the notice requirement under the Town's procedure by-law and permit members of the public to speak to Item H-5 (Staff Report-R. Brown, Manager of Planning and Development Services RE: Amico Properties; 100-148 Blue Jay Crescent).

  • Recommended Action

    Council:

    enact Part Lot Control Exemption By-law 83-2017 to allow Lots 10 to 16, 28 to 34, 35 to 41 and 45 to 51 on Plan 12M 598 to be exempt from Section 50(5) of the Planning Act,

    enact Part Lot Control Exemption By-law 83-2017 to allow Lots 17 to 27 and 42 to 44 on Plan 12M 598 to be exempt from Section 50(5) of the Planning Act for the sole purpose of lot line adjustment of the existing single detached lot alignment only, and

    direct administration to forward By-law 83-2017 and the Part Lot Control Exemption application to the County of Essex for final approval.

6.
Annual Traffic By-Law Amendment
This item has attachments.

1.MS 2017-49 - Annual Traffic By-Law Amendment.pdf
2.Sign-in Sheet.pdf
3.Comments.pdf
4.Emails.pdf

K. Girard, Manager of Municipal Services

  • Recommended Action

    That Council approves the following amendments to the traffic by-law:

    1. No parking is permitted on the west side of Kratz Sideroad adjacent to soccer fields from Road 2E to approximately 275m south of Road 2E;
    2. No parking is permitted on the east side of Jans Crescent or in the cul-de-sac including the centre island; and
    3. No parking is permitted on the north side of Pulford Street from Division Street North to Spruce Street North. 

7.
Supervisor of Municipal Facilities and Properties
This item has attachments.

1.Supervisor of Municipal Facilities and Properties.pdf

J. Galea, Human Resources Manager

  • Recommended Action

    The Council authorize Administration to proceed in recruiting the Supervisor of Municipal Facilities and Property position with an intended start date of late November 2017.

8.
Policy Review: V&H, CI, PIP
This item has attachments.

1.Policy Updates - Violence and Harassment, Conflict of Interest, Performance Improvement Plan.pdf
2.Conflict of Interest DRAFT.pdf
3.Violence and Harassment Policy DRAFT.pdf
4.Violence and Harassement Program DRAFT.pdf
5.Domestic Violence SOP.pdf
6.Domestic Safety Plan Form.pdf
7.Working Alone SOP.pdf
8.Peformance Improvement Plan Work Instructions.pdf
9.PIP Introduction Memo.pdf
10.PIP Process Flowchart.pdf

J. Galea, Human Resources Manager

  • Recommended Action

    That Council approve the Conflict of Interest Policy, Performance Improvement Plan, and the revised Violence and Harassment Policy and Program.

9.
Request for Amendment to Cemetery By-law 90-2012
This item has attachments.

1.Request for Amendment to Cemetery By-Law 90-2012(1).pdf
2.Vercruysse2 redacted.pdf
3.090-2012 Cemeteries Regulations(1).pdf

S. Martinho, Manager of Public Works

  • Recommended Action

    That Council receive the Report of S. Martinho, Manager of Public Works, dated October 18, 2017 RE:  Request for Amendment to Cemetery By-law 90-2012.

I.
BUSINESS/CORRESPONDENCE-ACTION REQUIRED

1.
Pelee Island Winery-Correspondence requesting a resolution from Council in support of the winery obtaining a Manufacturer's Limited Liquor Sales Licence to allow the establishment to sell and serve single servings of wine to its touring visitors
This item has attachments.

1.Town of Kingsville - Letter Requesting Municipal Resolution.pdf
2.Winery Site Plan (Kingsville Location).pdf
  • Recommended Action

    That Council of The Corporation of the Town of Kingsville supports the Application of Pelee Island Winery for a "By the Glass" Manufacturer's Limited Liquor Sales Licence at its manufacturing site (455 Seacliff Dr., Kingsville).

2.
December 2017 Council Meeting Schedule

  • Recommended Action

    That Council confirm that the only Regular Council Meeting to be held in December is the December 11, 2017 Regular Meeting of Council.

J.
MINUTES OF THE PREVIOUS MEETINGS

1.
Special Meeting of Council--September 26, 2017
This item has attachments.

1.Post-Meeting Minutes - Special Council Meeting_Sep26_2017 - English.pdf

2.
Special Meeting of Council--October 3, 2017
This item has attachments.

1.Post-Meeting Minutes - Special Council Meeting_Oct03_2017 - English.pdf

3.
Regular Meeting of Council--October 10, 2017
This item has attachments.

1.Post-Meeting Minutes - Regular Council Meeting_Oct10_2017 - English.pdf
  • Recommended Action

    That Council adopt Special Meeting of Council Minutes, dated September 26, 2017, Special Meeting of Council Minutes, dated October 3, 2017, and Regular Meeting of Council Minutes, dated October 10, 2017.

4.
Regular "Closed Session" Meeting of Council--October 10, 2017

  • Recommended Action

    That Council adopt Regular "Closed Session" Meeting Minutes, dated October 10, 2017.

K.
MINUTES OF COMMITTEES AND RECOMMENDATIONS

1.
Committee of Adjustment--August 15, 2017
This item has attachments.

1.CoA Minutes - 08 15 2017 - SIGNED.pdf
  • Recommended Action

    That Council receive Committee of Adjustment Meeting Minutes, dated August 15, 2017.

2.
Committee of Adjustment-September 19, 2017
This item has attachments.

1.CoA Minutes - 09 19 2017 - SIGNED.pdf
  • Recommended Action

    That Council receive Committee of Adjustment Meeting Minutes, dated September 19, 2017.

3.
Union Water Supply System Joint Board of Management--September 20, 2017
This item has attachments.

1.09-20-17 UWSS Minutes.pdf
  • Recommended Action

    That Council receive Union Water Supply System Joint Board of Management Meeting Minutes, dated September 20, 2017.

L.
BUSINESS CORRESPONDENCE - INFORMATIONAL

1.
Royal Canadian Legion, Branch #188--Correspondence dated October 1, 2017 RE: Remembrance Day Service
This item has attachments.

1.Royal Canadian Legion Branch 188.pdf

2.
City of Windsor, Office of the City Clerk--City Council Decision, dated October 2, 2017
This item has attachments.

1.Council Decision.pdf

3.
Municipality of Killarney--Resolution passed October 11, 2017 in support of Town of Halton Hills resolution regarding Zero Tolerance Against Racism
This item has attachments.

1.20171016093835.pdf

4.
Ministry of Citizenship and Immigration--Call for nominations for the June Callwood Outstanding Achievement Award for Voluntarism.
This item has attachments.

1.Callwood.pdf

5.
Stantec Consulting Ltd. --Notice of Information Sessions RE: Union Gas Proposed Pipeline Project, dated October 6, 2017
This item has attachments.

1.Stantec.pdf

6.
OMAFRA--Call for nominations for the Rural Ontario Leaders Awards (ROLA)
This item has attachments.

1.OMAFRA1.pdf
  • Recommended Action

    That Council receive Business Correspondence Informational items 1 to 6 as presented.

M.
NOTICES OF MOTION

1.
Councillor Neufeld indicated that at the next Regular Meeting of Council he may move, or cause to have moved:

That in light of the ammonia leak that occurred in an arena in British Columbia, which resulted in the death of three men, Administration provide a report to Council outlining the preventative maintenance schedule at the arena and best practices that should be implemented to prevent this type of incident from occurring at the arena in Kingsville.

N.
UNFINISHED BUSINESS, ANNOUNCEMENTS AND UPDATES

O.
BYLAWS

1.
By-law 83-2017
This item has attachments.

1.83-2017 Part Lot Control Royal Oak at the Creek Subdivision.pdf

Being a By-law to exempt certain lands from Part Lot Control (Royal Oak at the Creek Subdivision - Plan 12M-598)

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

  • Recommended Action

    Council read By-law 83-2017, being a by-law to exempt certain lands from Part Lot Control (Royal Oak at the Creek Subdivision - Plan 12M-598), a first, second and third and final time.

2.
By-law 102-2017
This item has attachments.

1.102-2017 ZBL 21 17 - 122 Lansdowne.pdf

Being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (Part of Lots 25 and 26, Plan 269, 122 to 148 Lansdowne Avenue; ZBA/21/17)

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

  • Recommended Action

    That Council read By-law 102-2017, being a By-law to amend By-law 1-2014, being the Comprehensive Zoning By-law for the Town of Kingsville (Part of Lots 25 and 26, Plan 269, 122 to 148 Lansdowne Avenue), a first, second and third and final time.

3.
By-law 103-2017
This item has attachments.

1.103-2017 ZBL 21 17 - 115 Main.pdf

Being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (Part of Lot 1, Concession 1 ED, 115 Main St. East; ZBA/21/17)

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

  • Recommended Action

    That Council read By-law 103-2017, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law of the Town of Kingsville (Part of Lot 1, Concession 1 ED, 115 Main St. East; ZBA/21/17), a first, second and third and final time.

4.
By-law 105-2017
This item has attachments.

1.105-2017 ZBL 21 17 - 109 129 Division N.pdf

Being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (Part of Lot 1, Concession 1 ED; 109 and 129 Division St. North; ZBA/21/17)

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

  • Recommended Action

    That Council read By-law 105-2017, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (Part of Lot 1, Concession 1 ED; 109 and 129 Division St. North; ZBA/21/17), a first, second and third and final time.

5.
By-law 106-2017
This item has attachments.

1.106-2017 ZBL 21 17 - 124 Division N.pdf

Being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (Part of Lot 1, Concession 1 WD; 124 Division St. N.; ZBA/21/17)

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

  • Recommended Action

    Council read By-law 106-2017, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (Part of Lot 1, Concession 1 WD; 124 Division St. North; ZBA/21/17) a first, second and third and final time.

6.
By-law 108-2017
This item has attachments.

1.108-2017 ZBL 02 16 - 200 Main St E.pdf

Being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (200 Main St. East; ZBA/02/16)

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

  • Recommended Action

    Council read By-law 108-2017, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (200 Main St. E., ZBA/02/16), a first, second and third and final time.

7.
By-law 109-2017
This item has attachments.

1.109-2017 ZBA 18 17 - Gladstone Ave.pdf

Being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/18/17)

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

  • Recommended Action

    Council read By-law 109-2017, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (Gladstone Ave. Lot 16, Plan 1068) a first, second and third and final time.

P.
CLOSED SESSION--Council pursuant to Section 239(2) of the Municipal Act, 2001 will enter into Closed Session to address the following item:

Section 239(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, being verbal update by CAO P Van Mierlo-West RE: Agreement of Purchase and Sale with Edward Remark & Sons Limited.

  • Recommended Action

    Council pursuant to Section 239(2) of the Municipal Act, 2001 at 10:42 p.m. entered into Closed Session to address the following item:

    Section 239(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board, being verbal update by CAO P. Van Mierlo-West RE: Agreement of Purchase and Sale with Edward Remark & Sons Limited. 

Q.
REPORT OUT OF CLOSED SESSION

R.
CONFIRMATORY BY-LAW

1.
By-law 111-2017
This item has attachments.

1.111-2017 Confirmatory October 23 2017.pdf

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

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

  • Recommended Action

    Council read By-law 111-2017, being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its October 23, 2017 Regular Meeting a first, second and third and final time.

S.
ADJOURNMENT

  • Recommended Action

    Council adjourn this Regular Meeting at 10:52 p.m.

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