REGULAR MEETING OF COUNCIL

AGENDA

Meeting #:
Date:	Monday, July 10, 2017 at 6:00 P.m. - 7:00 P.m.
Location:	Council Chambers 2021 Division Road N Kingsville, Ontario N9Y 2Y9

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A.

CALL TO ORDER

B.

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.

C.

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, pursuant to Section 239(2) of the Municipal Act, moved into Closed Session at 6:01 p.m. to address the following items:

  i) Section 239(2)(e) (litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board) being an update Report by Solicitor S. Porter RE: Status of Town of Kingsville, et al. ats Wood

  ii) Section 239(2)(e) being Report of R. Brown, Manager of Planning and Development Services RE: Decision and Order of Ontario Municipal Board issued June 1, 2017; Case No. PL160749-Appellant - Tannous

   

1.

Section 239(2)(e) (litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board) being an update Report by Solicitor S. Porter RE: Status of Town of Kingsville, et al. ats Wood.

2.

Section 239(2)(e) being Report of R. Brown, Manager of Planning and Development Services RE: Decision and Order of OMB Board issued June 1, 2017 Case No. PL160749-Appellant -Tannous-Solicitor D. Halliwill will be in attendance

D.

MOMENT OF SILENCE AND REFLECTION

Mayor Santos asked those present to stand and observe a moment of silence and reflection to be followed by the playing of O'Canada.

E.

PLAYING OF NATIONAL ANTHEM

F.

PRESENTATIONS/DELEGATIONS

1.

Ontario Power Generation

Fred Kuntz, Ontario Power Generation Manager, Corporation Relations and Communications--Bruce County--Presentation on the status of the proposed Deep Geologic Repository (DGR) project.

• Recommended Action

  Council receive Ontario Power Generation PowerPoint Presentation of Fred Kuntz, OPG Manager, Corporate Relations and Communications--Bruce County.

2.

JLT - Municipal Insurance Overview and Risk Discussion

Gwen Tassone and Sasha Alexander, Jardine LLoyd Thompson Canada Inc. representatives will be in attendance

3.

Walter Branco / Noah Homes

Request dated July 4, 2017 RE: Sun Valley Subdivision Phase 1 / Asphalt Trail, concrete sidewalks, trees.

• Recommended Action

  Council receive the delegation request of Walter Branco (Noah Homes) regarding Sun Valley Subdivision for the public record.

• Recommended Action

  Council authorize the Developer of Sun Valley Estates Subdivision to eliminate the 8-foot wide multi purpose trail and to allow the installation of 5-foot concrete sidewalks on each side of Branco Drive for that portion as required under the Town of Kingsville's Development Manual.

G.

MATTERS SUBJECT TO NOTICE

1.

PUBLIC MEETING--Zoning By-law Amendment (ZBA/15/17) and Site Plan Approval (SPA/12/17) Kingsville Distributors Ltd. (Mark Muzzan) 140 Park St., Part of Lot 1, Concession 1 ED

i) Report of R. Brown, Manager of Planning and Development Services, dated June 19, 2017

ii) Proposed By-law 68-2017 being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

• Recommended Action

  It is recommended that Council:

  1. approve zoning amendment application ZBA/15/17 to amend the zoning of the subject property to a site specific ‘Waterfront Commercial Exception 3 (C5-3)’ to increase the permit size of a micro-brewery as per the By-law definition and permit the required parking to be gravel surfaced and adopt the implementing by-law.
  2. approve the proposed site plan, subject to the conditions outlined in the site plan agreement, for the construction of a 16.3 m x 16.3 m (53.5 ft. x 53.5 ft.) patio, drive way modification and parking area and authorize the Mayor and Clerk to sign the site plan agreement and register said agreement on title.

2.

PUBLIC MEETING-Zoning By-law Amendment - ZBA/12/17 1552843 Ontario Ltd. – 150 Heritage Road Part of Lot 4, Concession 1 WD

i) Report of R. Brown, Manager of Planning and Development Services, dated July 4, 2017

ii) Proposed Zoning By-law 76-2017, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for The Corporation of the Town of Kingsville (150 Heritage Road)

• Recommended Action

  Council deny Zoning Amendment Application ZBA/12/17 (1552843 Ontario Ltd.--150 Heritage Road, Part of Lot 4, Concession 1 WD).

H.

AMENDMENTS TO THE AGENDA

I.

ADOPTION OF ACCOUNTS

1.

Town of Kingsville Accounts for the monthly period ended June 30, 2017

• Recommended Action

  Council approve Town of Kingsville Accounts for the monthly period ended June 30, 2017 being TD cheque numbers 0062278 to 0062581 for a grand total of $1,059,784.69.

J.

STAFF REPORTS

1.

Fence By-law 96-2005 Update

R. Brown, Manager of Planning and Development Services

• Recommended Action

  Council receive the report of R. Brown, Manager of Planning and Development Services, dated June 7, 2017 on possible updates and changes to the Fence By-law (96-2005) for information purpose, and direct Administration to prepare a draft revision of the current Fence By-law for consideration of Council.

2.

Wayne and Connie Stockwell – Development Agreement

R. Brown, Manager of Planning and Development Services

• Recommended Action

  Council approve the proposed Development Agreement for the residential lots created by consent (File B/22/16) between the Town and Wayne and Connie Stockwell, as drafted, and authorize the Mayor and Clerk to sign the agreement and have said agreement registered on title.

K.

MINUTES OF THE PREVIOUS MEETINGS

1.

Regular Meeting of Council--June 26, 2017

2.

Regular 'Closed Session' Meeting of Council--June 26, 2017

3.

Special Meeting of Council-June 27, 2017

• Recommended Action

  Council adopt Regular Meeting of Council Minutes dated June 26, 2017, Regular 'Closed Session' Meeting of Council Minutes dated June 26, 2017, and Special Meeting of Council Minutes dated June 27, 2017.

L.

MINUTES FROM COMMITTEES AND RECOMMENDATIONS

1.

Planning Advisory Committee--February 28, 2017

2.

Committee of Adjustment--May 16, 2017

3.

Kingsville Accessibility Advisory Committee--May 24, 2017

4.

Kingsville Police Services Board-May 24, 2017

5.

Union Water Supply System Joint Board of Management-May 31, 2017

6.

Court of Revision--May 23, 2017

• Recommended Action

  Council receive Planning Advisory Committee Minutes dated February 28, 2017, Committee of Adjustment Minutes dated May 17, 2017, Kingsville Accessibility Advisory Committee Minutes dated May 24, 2017, Kingsville Police Services Board Meeting Minutes dated May 24, 2017, Union Water Supply System Joint Board of Management Minutes dated May 31, 2017 and Court of Revision Minutes dated May 23, 2017.

M.

BUSINESS CORRESPONDENCE - INFORMATIONAL

1.

Town of Essex--Correspondence dated June 21, 2017 RE: Request for Province to Halt All Wind Turbine Approvals in Unwilling Host Communities

2.

Township of Edwardsburgh/Cardinal--Correspondence dated June 29, 2017 RE: Property Standards Downloading

3.

Town of Amherstburg--Correspondence dated June 20, 2017 RE: Resolution 20170612-742 re: Ontario's Nuclear Emergency Response Plan

4.

Ministry of Education-Correspondence dated June 28, 2017 RE: Launch of Ontario's Plan to Strengthen Rural and Northern Education

• Recommended Action

  Council receive Business Correspondence / Information Items 1-4 as presented.

N.

NOTICES OF MOTION

1.

Deputy Mayor Gord Queen may move, or cause to have moved, that Council approve the name change of the Older Adults Advisory Committee to The 55+ Advisory Committee

• Recommended Action

  Council approve the name change of the Older Adults Advisory Committee to 'The 55+ Advisory Committee'.

2.

Deputy Mayor Gord Queen may move, or cause to have moved, that Council receive the information attached from the Municipal Act for their own information and enlightenment

• Recommended Action

  Council receive the information filed by Deputy Mayor G. Queen from the Municipal Act for information.

3.

Deputy Mayor Queen (in reference to Motion 447-2016 passed July 25, 2016 RE: Planned installation of sidewalks along the south side of Noah Court) may move, or cause to have moved:

That if the developer has not yet installed the sidewalks, that the Town install the sidewalks this year.

• Recommended Action

  That if the Developer of the Sun Valley Subdivision has not yet installed sidewalks along the south side of Noah Court by the Fall of this year, then the Town will install sidewalks by end of calendar year.

4.

Deputy Mayor Queen (in reference to By-law 76-2010 / Noah Homes) may move or cause to have moved:

That  Administration provide an update to Council to report specifically on options available to bring the subject property into compliance.

• Recommended Action

  Council direct that Administration provide an update report to Council to report specifically on options available to bring the Noah Homes Seacliff property into compliance (other than zoning change), said Report to be provided end of 2017.

O.

UNFINISHED BUSINESS, ANNOUNCEMENTS AND UPDATES

P.

BYLAWS

1.

By-law 36-2017

Being a By-law to provide a report for bridge maintenance sharing on the Henderson Drain & Branches in the Town of Kingsville, in the County of Essex (Engineer's Report available for review in Dept of Corporate Services)

To be read a third and final time

• Recommended Action

  Council read By-law 36-2017, being a by-law to provide a report for bridge maintenance sharing on the Henderson Drain & Branches in the Town of Kingsville, in the County of Essex (Rood Engineering Inc. Consulting Engineers Project 2015D019) a third and final time.

2.

By-law 68-2017

Being a by-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/15/17)

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

• Recommended Action

  Council read By-law 68-2017, being a by-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/15/17) a first, second and third and final time.

3.

By-law 75-2017

Being a By-law to Repeal By-law 64-2016, being a By-law to amend 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 75-2017, being a By-law to Repeal By-law 64-2016, being a by-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (as Ordered by the Ontario Municipal Board) 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:

1.

Section 239(2)(e) being litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board described as follows:

Update Report from CAO P. Van Mierlo-West regarding the status of expropriation of a portion of waterfront lands for park purposes.

2.

Section 239(2)(d) labour relations or employee negotiations, being:

Verbal Report of CAO P. Van Mierlo-West regarding the compensation of a member of Senior Management 

• Recommended Action

  Council at 10:05 p.m. and pursuant to Section 239(2) of the Municipal Act, entered into Closed Session to address the following items:

  1. Section 239(2)(e) being litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, described as follows: Update Report from CAO P. Van Mierlo-West regarding the status of expropriation of a portion of waterfront lands for park purposes;

  and

  2. Section 239(2)(d) labour relations or employee negotiations, being Verbal Report of CAO P. Van Mierlo-West regarding the compensation of a member of Senior Management.

R.

REPORT OUT OF CLOSED SESSION

S.

CONFIRMATORY BY-LAW

1.

By-law 77-2017

Being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its July 10, 2017 Regular Meeting

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

• Recommended Action

  Council read By-law 77-2017, being a by-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its July 10, 2017 Regular Meeting a first, second and third and final time.

T.

ADJOURNMENT

• Recommended Action

  Council adjourn this Regular Meeting at 10:17 p.m.