REGULAR MEETING OF COUNCIL

AGENDA

Meeting #:
Date:	Monday, May 28, 2018 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.

CLOSED SESSION

1.

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

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

C.

MOMENT OF SILENCE AND REFLECTION

D.

PLAYING OF NATIONAL ANTHEM

E.

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.

F.

PRESENTATIONS/DELEGATIONS

1.

Presentation of Certificates of Recognition to Erie North Shore Storm Major PeeWee 2018 OHF Champions

2.

2017 Financial Statements of The Corporation of the Town of Kingsville

i) Director of Financial Services R. McLeod will present a brief overview of the 2017 Financial Statements (SEE: Staff Report Item I-1)

ii) Mike Cowan, CPA, CA, Office Managing Partner, BDO Canada LLP, Chartered Accountants, Licensed Public Accountants-Presentation of the 2017 Audit Report (SEE: Consolidated Financial Statements as at December 31, 2017)

3.

Katherine Gunning, on behalf of Kingsville Historical Park Inc.-Request dated April 25, 2018 RE:  Property tax for the Kingsville Historical Park Museum SEE: Correspondence received May 22, 2018

• Recommended Action

  That Council direct Administration to prepare a by-law, in an effort to satisfy the Municipal Property Assessment Corporation's criteria, to exempt the Kingsville Historical Park from property taxation.

G.

MATTERS SUBJECT TO NOTICE

1.

PUBLIC MEETING--ENGINEER'S REPORT CONSIDERATION--Road 10 Crossing over the Patterson Drain

Tony Peralta, P. Eng., and Ken Vegh, Drainage Superintendent

i) Notice of Meeting to Consider the Engineer's Report, dated May 8, 2018;

ii) Engineer's Report dated April 23, 2018 (N. J. Peralta Engineering Ltd. Project No. D-17-029);

iii) Proposed By-law 60-2018, being a by-law to provide for the construction to replace and improve the Road 10 Crossing Over the Patterson Drain in the Town of Kingsville in the County of Essex to be provisionally adopted at this Regular Meeting

• Recommended Action

  That Council adopt the Engineer's Report dated April 23, 2018 for the Road 10 Crossing Over the Patterson Drain (N. J. Peralta Engineering Ltd. Project No. D-17-029); read By-law 60-2018 being a by-law to provide for the construction to replace and improve the Road 10 Crossing Over the Patterson Drain a first and second time at this Regular Meeting; and Schedule Court of Revision for a future date.

2.

PUBLIC MEETING--ENGINEER'S REPORT CONSIDERATION--9th Concession Road Drain

Gerard Rood, P. Eng. and K. Vegh, Drainage Superintendent

i) Notice of Meeting to Consider the Engineer's Report, dated May 8, 2018;

ii) Engineer's Report dated April 6, 2018 (Rood Engineering Inc. REI Project 2016D015); 

iii) Proposed By-law 59-2018, being a By-law to provide for the construction of a bridge over the 9th Concession Road Drain; Owner: Thomas & Melissa Neufeld and Kottoor Investments Inc. (530-01900 & 530-01830) in the Town of Kingsville in the County of Essex, to be provisionally adopted at this Regular Meeting.

• Recommended Action

  That Council adopt the Engineer's Report dated April 6, 2018 for the 9th Concession Drain (Bridge Replacement for Thomas and Melissa Neufeld and Kottoor Investments Inc., Parcels 530-01900 and 530-01830; Part Lot 3, Concession 9; Rood Engineering Inc. Project No. 2016D015); read By-law 59-2018 being a by-law to provide for the construction of a bridge over the 9th Concession Road 9 a first and second time; and Schedule Court of Revision for a future date.

3.

PUBLIC MEETING--Application for Zoning By-law Amendment ZBA/08/18 1507 Road 3 E Part of Lot 9, Concession 2 ED

R. Brown, Manager of Planning Services

i) Notice of Public Meeting, dated May 7, 2018;

ii) Report of R. Brown, dated May 11, 2018 with attached Appendices;

iii) Proposed By-law 63-2018, 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 by-law amendment ZBA/08/18 to permit a medical marihuana production facility on property located at 1507 Road 3 E and address the required relief or exemption from specific provisions in Section 4.46 of the Kingsville Zoning By-law 1-2014 as outlined in the attached amendment and adopt the implementing by-law.

4.

PUBLIC MEETING--Application for Zoning By-law Amendment ZBA/09/18 1000 County Road 34 Part of Lot 258, Concession NTR, Part 1, PL 12R 3375

R. Brown, Manager of Planning Services

i) Notice of Public Meeting, dated May 7, 2018;

ii) Report of R. Brown, dated May 11, 2018, with attached Appendices;

iii) Proposed By-law 64-2018, 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 by-law amendment ZBA/09/18 to permit a medical marihuana production facility on property located at 1000 County Road 34 and address the required relief or exemption from specific provisions in Section 4.46 on the Kingsville Zoning By-law 1-2014 as outlined in the attached amendment and adopt the implementing by-law.

5.

PUBLIC MEETING--Application for Zoning By-law Amendment ZBA/10/18 2415-2495 Graham Sideroad Part of Lot 6, Concession 3 ED, Part 1, PL 12R 24954

R. Brown, Manager of Planning Services

i) Notice of Public Meeting, dated May 7, 2018

ii) Report of R. Brown, dated May 11, 2018 with attached Appendices;

iii) Proposed By-law 65-2018, 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 by-law amendment ZBA/10/18 to permit a medical marihuana production facility on property located at 2415-2495 Graham Sideroad and address the required relief or exemption from specific provisions in Section 4.46 of the Kingsville Zoning By-law 1-2014 as outlined in the attached amendment, and adopt the implementing by-law.

H.

AMENDMENTS TO THE AGENDA

I.

STAFF REPORTS

1.

2017 Financial Statement Review

R. McLeod, Director of Financial Services

• That council approve the Financial Statements for the year ending December 31, 2017, as audited by BDO Canada LLP.

  That council approve the allocation of $409,388 from the 2017 Budget Surplus to the Public Works capital reserve (03-000-032-39068) for future infrastructure improvements.

2.

Forman Rd Surplus

G. A. Plancke, Director of Municipal Services

• That Council authorize Municipal Services to proceed to obtain an appraisal to determine land value, and determine costs for legal review, survey preparation, encumbrances, and related expenses in order to advise Council and interested purchasing residents of the projected costs and recommended segmentation of the road allowance at a future regular meeting of Council to be determined.

3.

Road 11 Water Works Petition Award of Tender

G. A. Plancke, Director of Municipal Services

• That Council receive the results of the MS17- 201 Tender identified as the installation of new watermain and appurtenances for Road 11 E, and to concur with the Town’s Engineering consultant to accept and award the Tender to Sherway Contracting (Windsor) Limited, for the Tender price of $444,444.44 + HST and to authorize the Mayor and Clerk to execute the agreement and draft the appropriate authorizing by-law.

4.

Lakefront Sanitary Interceptor through Lakeside Park Engineering Assignment

G. A. Plancke, Director of Municipal Services

• To concur with Municipal Services to direct assign the planning, and engineering design service work required for the Lakefront Sanitary Interceptor twining through Lakeside Park project to Dillion Consulting Limited for the quoted price of $90,900.00 + applicable taxes and disbursements; and to authorize the Director of Municipal Services to enter into a Professional Services Agreement with Dillon Consulting Limited for the above defined project.

5.

Revised Job Description for Supervisor of Municipal Facilities and Property

G. A. Plancke, Director of Municipal Services

• That Council approve the revised Supervisor of Municipal Facilities and Property job description.

6.

West Side Collector Road and Watermain Update

G. A. Plancke, Director of Municipal Services

• That Council receive the updated information presented, and to recommend Concept 2 to Amico Properties Inc. as the preferred alternative for the proposed West Side Collector Road, and further to continue dialogue with Amico Properties to determine the cost sharing agreement details related to the West Side Collector Road, and Trunk watermain to be included in a future Development Agreement which will be considered at a future regular meeting of Council.

7.

Mare Nostrum 16 Main St. W Request to install and operate a sidewalk café

R. Brown, Manager of Planning Services

• It is recommended that Council approve a licensed patio on the municipal right-of-way for 16 Main St. W. (Tony’s Panini) for an initial term of one year subject to the owner entering into an appropriate use agreement with the Town including the provision of the necessary monetary contribution to cover establishment and maintenance of the necessary temporary infrastructure.

8.

Application for Site Plan Amendment SPA 20 18

R. Brown, Manager of Planning Services

• It is recommended that Council approve site plan amendment SPA/20/18, for lands located at 86 and 106 Wigle Avenue, subject to the conditions outlined in the site plan agreement, for a phased commercial/industrial storage development consisting of a total of 4,842.2 sq. m (52,122.7 sq. ft.) of new buildings and authorize the Mayor and Clerk to sign the site plan agreement and register said agreement on title.

9.

Municipal Funding Agreement – Ontario’s Main Street Revitalization Initiative

P. Van Mierlo-West, CAO

• Recommended Action

  That Council receives the report titled Municipal Funding Agreement – Ontario’s Main Street Revitalization Initiative dated May 23, 2018 regarding the Municipal Funding Agreement for the Ontario’s Main Street Revitalization Initiative Program and that the Mayor and Clerk are directed to sign the agreement.

J.

MINUTES OF THE PREVIOUS MEETINGS

1.

Regular Meeting of Council--May 14, 2018

2.

Regular 'Closed Session' Meeting of Council--May 14, 2018

• Recommended Action

  That Council receives Regular Meeting of Council Minutes dated May 14, 2018, and Regular "Closed Session" Meeting of Council Minutes dated May 14, 2018.

K.

MINUTES OF COMMITTEES AND RECOMMENDATIONS

1.

Tourism and Economic Development Committee - March 8, 2018

• Recommended Action

  That Council receives Tourism and Economic Development Committee Meeting Minutes dated March 8, 2018

2.

Union Water Supply System Joint Board of Management - April 4, 2018

• Recommended Action

  That Council receives Union Water Supply System Joint Board of Management Meeting Minutes dated April 4, 2018

3.

Committee of Adjustment - April 17, 2018

• Recommended Action

  That Council receives Committee of Adjustment Meeting Minutes dated April 17, 2018

L.

BUSINESS CORRESPONDENCE - INFORMATIONAL

1.

Doug Plumb, Correspondence received May 23, 2018 RE: Kingsville Highland Games Draft Proposal

2.

Royal Canadian Legion, Branch #188--Correspondence from Lynne Crawford, Branch 188 President dated May 7, 2018 RE: Invitation to annual Memorial Sunday Service on June 3, 2018 at 2:00 p.m. at Greenhill Cemetery

3.

Ministry of Agriculture, Food and Rural Affairs--Correspondence received May 3, 2018 RE: Ontario Community Infrastructure Fund 2018 Top-up Intake Launch

4.

Ontario Good Roads Association--Correspondence dated April 24, 2018 RE: Invitation to join the "Preferred Autonomous Vehicles Test Corridor"

5.

Minister of Seniors Affairs--Correspondence dated April 2018 RE: Seniors' Month

6.

Town of Oakville--Correspondence from V. Tytaneck, Town Clerk, dated May 11, 2018 RE: CN Intermodel Update

7.

Municipality of East Ferris--Resolution No. 2018-165 passed May 8, 2018 RE: Support of Bill 16, Respecting Municipal Authority over Landfilling Sites Act introduced by MPP Ernie Hardeman

• Recommended Action

  That Council receives Business Correspondence - Informational Items 1 through 7.

M.

NOTICES OF MOTION

N.

UNFINISHED BUSINESS, ANNOUNCEMENTS AND UPDATES

O.

BYLAWS

1.

By-law 59-2018

Being a by-law to provide for the construction of a bridge over the 9th Concession Road Drain; Owner: Thomas and Melissa Neufeld and Kottoor Investments Inc. (530-01900 and 530-01830)

To be read a first and second time

2.

By-law 60-2018

Being a By-law to provide for the construction to replace and improve Road 10 Crossing Over the Patterson Drain in the Town of Kingsville in the County of Essex

To be read a first and second time

3.

By-law 63-2018

Being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/08/18; 1507 Road 3 East)

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

4.

By-law 64-2018

Being a by-law to amend By-law 1-2014, the  Comprehensive Zoning By-law for the Town of Kingsville (ZBA/09/18; 1000 County Road 34)

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

5.

By-law 65-2018

Being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/10/18; 2415-2495 County Road 18-Road 4 E)

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

6.

By-law 68-2018

Being a By-law to authorize the entering into of a Municipal Funding Agreement with The Association of Municipalities of Ontario in order to participate in Ontario's Main St. Revitalization Initiative

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

P.

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)(d) labour relations or employee negotiations; being update pertaining to the status of part-time collective agreement negotiations.

Q.

REPORT OUT OF CLOSED SESSION

R.

CONFIRMATORY BY-LAW

1.

By-law 69-2018

Being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its May 28, 2018  Regular Meeting

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

S.

ADJOURNMENT