REGULAR MEETING OF COUNCIL

AGENDA

Meeting #:
Date:	Monday, August 28, 2017 at 7:00 P.m. - 8:00 P.m.
Location:	Council Chambers 2021 Division Road N Kingsville, Ontario N9Y 2Y9

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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.

Michael Laba, Solicitor representing 1147160 Ontario Limited-Request dated August 11, 2017 for extension of Amended Development Agreement for the Mettawas Lane Development

SEE: Correspondence dated August 18, 2017 and Council Resolution No. 163-2017 passed at February 13, 2017 Regular Meeting  SEE ALSO: Staff Report G-1

• Recommended Action

  That Council receive correspondence from Coco Paving Inc., dated August 28, 2017 RE: Mettawas Subdivision Surface Course Asphalt as submitted by Solicitor Michael Laba.

• Recommended Action

  That Council accept recommendation of Director of Municipal Services A. Plancke to allow the Developer a thirty-day extension of the September 1, 2017 date for its completion of the outstanding work at the Mettawas Lane development.

• Recommended Action

  That Council amend Motion 555-2017 to allow the Developer a forty (40) day extension of the September 1, 2017 date for its completion of the outstanding work at the Mettawas Lane development.

2.

William Parr, Resident, on behalf of residents of Lakeside Crescent and area, Request dated August 17, 2017

Request for removal of Wildfowl Hunting Blinds in the waters of Lake Erie from Kingsville Harbour to Cedar Island and request complete banning of Wildfowl Hunting Blinds in this area of the Lake Erie Kingsville Shoreline.

• Recommended Action

  That Council receive notes from Willliam Parr, Resident, listing questions and concerns pertaining to Hunting Blinds in Lake Erie.

3.

Giovanni Causarano, Resident, on behalf of Mettawas Lane Residents, Request dated August 18, 2017

Request to eliminate Duck Blinds and Hunting on the waterfront of residential property

• Recommended Action

  That Council receive correspondence addressed to the Municipal Council for the Town of Kingsville from Solicitor Matthew M. Caron (Pearsall, Marshall, Halliwill & Seaton LLP) dated August 28, 2017 RE: Duck Hunting off the Shores of Lake Erie in the Town of Kingsville.

• Recommended Action

  That Council direct Administration to research the matter of duck hunting off the Shores of Lake Erie to determine the ownership of the water lots adjacent to Town-owned land and how that may impact the municipality's jurisdiction; to identify the Town's legal jurisdiction over this issue; and further that Administration provide advertised notice to the public as to the date this Report is coming back to Council for consideration.

F.

AMENDMENTS TO THE AGENDA

G.

STAFF REPORTS

1.

Mettawas Lane Development Extension Request

K. Girard, Manager of Municipal Services

• Recommended Action

  That Council receive Report of K. Girard, Manager of Municipal Services, RE: Mettawas Lane Development Extension Request, dated August 28, 2017.

2.

Kingsville Community Grant Fund Policy

S. Zwiers, Director of Corporate Services

• Recommended Action

  That Council defer Report of S. Zwiers, Director of Financial Services RE: Community Grant Fund Policy, dated August 2, 2017, to a future Regular Meeting of Council.

3.

Council Vacancy – Resignation of Councillor McIntyre

J. Astrologo, Director of Corporate Services/Clerk

• Recommended Action

  That Council declare the office of a member of Council vacant.

• Recommended Action

  That Council receive the balance of the Report of J. Astrologo, Director of Corporate Services/Clerk RE: Council Vacancy-Resignation of Councillor McIntyre, dated August 17, 2017.

H.

BUSINESS/CORRESPONDENCE-ACTION REQUIRED

1.

Prostate Cancer Canada--Request dated August 16, 2017 RE: Request to proclaim September 2017 as 'Prostate Cancer Awareness Month' in the Town of Kingsville

• Recommended Action

  WHEREAS prostate cancer is the most common cancer to affect Canadian men; and

  WHEREAS 1 in 7 Canadian men will be diagnosed with the disease in his lifetime; and

  WHEREAS an estimated 21,300 Canadian men will be diagnosed with prostate cancer this year; and

  WHEREAS the survival rate for prostate cancer can be over 90% when detected early; and

  WHEREAS those with a family history of the disease, or those of African or Caribbean descent, are at a greater risk of developing prostate cancer; and

  WHEREAS Prostate Cancer Canada recommends that men get a PSA test in their 40s to establish their baseline;

  THEREFORE the Council of The Corporation of the Town of Kingsville does hereby recognize September 2017 as Prostate Cancer Awareness Month in the Town of Kingsville.

2.

Erie Shores Quilting Guild--Correspondence dated August 18, 2017 requesting waiver of fee for Unico Building

• Recommended Action

  That Council approve request for a period of six months to Erie Shores Quilting Guild for the Unico Building.

• Recommended Action

  Council amend motion 565-2017 to specify a period of four (4) months.

I.

MINUTES OF THE PREVIOUS MEETINGS

1.

Regular Meeting of Council--August 14, 2017

2.

Special Meeting of Council--August 17, 2017

• Recommended Action

  That Council adopt the Regular Meeting of Council Minutes, dated August 14, 2017 and Special Meeting of Council Minutes, dated August 17, 2017.

J.

MINUTES OF COMMITTEES AND RECOMMENDATIONS

1.

Kingsville BIA-July 11, 2017

• Recommended Action

  That Council receive Kingsville BIA Meeting Minutes dated, July 11, 2017.

2.

Tourism and Economic Development-June 8, 2017

• Recommended Action

  That Council receive Tourism and Economic Development Committee Meeting Minutes dated, June 8, 2017.

3.

Parks, Recreation, Arts and Culture--June 15, 2017

Together with the following sub-committee Minutes: Migration Festival--April 25, 2017; Fantasy of Lights--April 25, 2017; and Communities in Bloom--May 10, 2017.

• Recommended Action

  That Council receive Parks, Recreation, Arts and Culture Meeting Minutes dated, June 15, 2017, along with the following Subcommittee Minutes: Migration Festival dated April 25, 2017, Fantasy of Lights dated April 25, 2017, and Communities in Bloom dated May 10, 2017.

K.

BUSINESS CORRESPONDENCE - INFORMATIONAL

1.

County of Essex--Correspondence from W. King, Manager, Planning Services RE: Town of Kingsville By-law 56-2017 duly approved under Section 50(7) of the Planning Act on July 25, 2017 (Millbrook Subdivision, Stage II, Phase 1, Plan 12M-552)

• Recommended Action

  That Council receive Business Correspondence-Information item 1, as presented, for Information.

L.

NOTICES OF MOTION

1.

Deputy Mayor Queen may move or cause to have moved: 

That Council be provided a complete list of the 2018 bookings that presently exist for the Lakeside Park Pavilion noting the breakdowns by category as follows: i) Private Rentals for the full fee as per our fees by-law; ii) Rentals by the Schedule E list of Free and Reduced rate rentals, and iii) dates that the Town has on hold and not available for rent due to Town Committees such as Fantasy of Lights/Dinner with Santa and any planned Town events such as the Christmas party; Such report to be provided to Council by December 31, 2017 with any staff recommendations for change. 

• Recommended Action

  That Council be provided a complete list of the 2018 bookings that presently exist for the Lakeside Park Pavilion noting the breakdowns by category as follows: i) Private Rentals for the full fee as per our fees by-law; ii) Rentals by the Schedule E list of Free and Reduced rate rentals; and iii) dates that the Town has on hold and not available for rent due to Town Committees such as Fantasy of Lights/Dinner with Santa and any planned Town events such as the Christmas party; Such report to be provided to Council by December 31, 2017 with any staff recommendations for change.

2.

Deputy Mayor Queen may move or cause to have moved:

That Council direct Administration to communicate with resident Penny Horne regarding the Lakeview Road reconstruction project and provide Council with a follow-up report.

• Recommended Action

  That Council direct Administration to communicate with resident Penny Horne regarding the Lakeview Avenue Road reconstruction project and provide Council with a follow-up report;

3.

Councillor L. Patterson may move or caused to have moved:

That Senior Management review the matter of animals (including chickens and other livestock) roaming at large.

4.

Councillor L. Patterson may move or caused to have moved:

That the Town's Noise By-law (By-law 69-2003 as amended) be reviewed with the possibility of including noise generated by drums, guitars, horns and other musical instruments generating music greater than 65 decibels.

5.

Mayor Santos may move or cause to have moved:

WHEREAS the residents of Noah Court, in Ruthven, have previously provided a petition to the Town of Kingsville in opposition to the installation of approximately 350 lineal feet of sidewalks within the southern side of the cul-de-sac of Noah Court;

AND WHEREAS, the residents of Noah Court and Developer have recently attended Council with new information regarding their proposal for an equitable solution and provision that the Developer would be agreeable to transfer and reallocate the dollar value/cost of the Noah Court sidewalks to the Town for additional improvements within the Sun Valley Estates for additional tree plantings/beautification and ensure that the Developer's financial obligation for funding the infrastructure would be assigned to this improvement or offered back to the municipality as a financial contribution (estimated at $10,000.00).

THEREFORE let it be known that I may Move or Cause to Have Moved that based on this new information, that Council reconsider its previous decision on the matter of the inclusion of sidewalks on the southern side of Noah Court;

AND FURTHER that the Town of Kingsville accept an amendment to the Sun Valley Estates Development Agreement to remove the single sidewalk installation on Noah Court in concert with a new provision that the Developer provide to the municipality a contribution of $10,000.00, representing the value of the Noah Court sidewalk installation;

AND FURTHER that the contribution be utilized for recognized improvements within the Hamlet of Ruthven for future sidewalk installations on Road 2 between Branco Drive and Mayfair and/or other identified areas in this immediate area in Ruthven to complement the Kingsville Active Transportation Plan. 

• Recommended Action

  That Council Reconsider motion 477-2016, being its decision on the matter of the inclusion of sidewalks on the southern side of Noah Court.

• Recommended Action

  That The Corporation of the Town of Kingsville accept an amendment to the Sun Valley Estates Development Agreement to remove the single sidewalk installation on Noah Court in concert with a new provision that the Developer provide to the municipality a contribution of $10,000.00, representing the value of the Noah Court sidewalk installation;

  And Further That the contribution be utilized for recognized improvements within the Hamlet of Ruthven for future sidewalk installations on Road 2 between Branco Drive and Mayfair and/or other identified areas in this immediate area in Ruthven to complement the Kingsville Active Transportation Plan.

M.

UNFINISHED BUSINESS, ANNOUNCEMENTS AND UPDATES

N.

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

  Pursuant to Section 239(2) of the Municipal Act, 2001 Council, at 8:08 p.m., entered into Closed Session to address the following items:

  1. Section 239(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board; being verbal report of CAO P. Van Mierlo-West pertaining to the potential acquisition of land for municipal purposes.

  2. Section 239(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board; being verbal report/update pertaining to 103 Park St.

1.

Section 239(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board; being a verbal report of CAO P. Van Mierlo-West pertaining to the potential acquisition of land for municipal purposes

2.

Section 239(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board; being verbal report/update pertaining to 103 Park St.

O.

REPORT OUT OF CLOSED SESSION

P.

CONFIRMATORY BY-LAW

1.

By-law 94-2017

Being a by-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its August 28, 2017 Regular Meeting.

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

• Recommended Action

  That Council read By-law 94-2017, being a by-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its August 28, 2017 Regular Meeting a first, second and third and final time.

Q.

ADJOURNMENT

• Recommended Action

  That Council adjourn this Regular Meeting at 8:20 p.m.