REGULAR ;MEETING OF COUNCIL
AGENDA

Meeting #:
Date:	Monday, December 09, 2019 at 6:30 P.m. - 9:00 P.m.
Location:	Council Chambers 2021 Division Road N Kingsville, Ontario N9Y 2Y9

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A.

CALL TO ORDER

B.

CLOSED SESSION

Pursuant to section 239(2) of the Municipal Act, 2001, Council will enter into Closed Session 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 CAO P. Van Mierlo-West regarding the status of Town of Kingsville, et al. ats Wood.

ii) Section 239(2)(c) (a proposed or pending acquisition or disposition of land by the municipality) being an update Report by CAO P. Van Mierlo-West regarding the Agreement of Purchase and Sale with the Greater Essex County District School Board; and

iii) Section 239(2)(k) (a position, plan, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality) being an update Report by Mayor Santos regarding a proposal to the Town.

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

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.

REPORT OUT OF CLOSED SESSION

G.

PRESENTATIONS/DELEGATIONS

1.

Jay Atkin, on behalf of the 'Salute to Veterans Banner Project' Group--Request dated December 3, 2019 RE: To provide an update on the project

2.

William Taylor--Request dated December 3, 2019 RE: Parking issues on Lansdowne near the Park Street intersection (SEE Excerpt --Regular Meeting of Council Motion 598-2019)

H.

MATTERS SUBJECT TO NOTICE

1.

PUBLIC MEETING--Combined Application for Consent & Zoning By-Law Amendment File B/21/19 & ZBA/23/19 by Bardow Holdings Ltd. 354 Road 11, Part of Lot 15, Concession 10

R. Brown, Manager of Planning Services

i)  Notice of Complete Application and Public Meeting: Zoning By-law Amendment and Consent, dated November 14, 2019;

ii) Report of David French, Interim Town Planner, dated November 29, 2019;

iii) Proposed By-law 102-2019, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville

• Recommended Action

  That Council approves Consent Application B/21/19 to sever an existing dwelling, deemed surplus to the needs of the prospective purchaser, together with an access easement over the severed parcel, in favour of the retained parcel, on a 0.543 ha (1.343 ac.) parcel shown as Parts 1 and 2 on the applicant’s sketch, subject to the following conditions:

  1. That a reference plan be deposited in the registry office, both an electronic and paper copy of the registered plan is to be provided.
  2. That any special assessment imposed pursuant to the provisions of the Local Improvement Act and/or Municipal Act be paid in full along with all municipal taxes be paid in full.
  3. That any necessary drainage reapportionments be undertaken.
  4. A clearance letter of approval for the septic system on the severed parcel (surplus dwelling lot) must be obtained from the Town’s Building

     Department.

  5. That as a result of the severance, owners shall become liable by way of up front monies for the assessment and taxation of their properties for any waterworks or sanitary sewer systems affecting their properties, in accordance with the Fees By-law in effect on the date the consent is being endorsed on the deeds.
  6. The Zoning By-law be amendment to prohibit future dwellings on the retained farm parcel prior to the consent being endorsed on the deeds.
  7. That the necessary deed(s), transfer or charges be submitted in triplicate; signed and fully executed (no photocopies), including a copy of the reference plan, prior to certification.
  8. The conditions imposed above shall be fulfilled by December 9, 2020 or this application shall be deemed to be refused in accordance with Section 53(41) of the Planning Act;

      

     And Further That Council approves Zoning By-law Amendment Application ZBA/23/19 to rezone the retained parcel, known as 354 Road 11, Part of Lot 15, Concession 10, in the Town of Kingsville, from ‘Agriculture (A1)’ to ‘Agriculture – Restricted (A2)’ and adopt the implementing by-law.

2.

PUBLIC MEETING--Application for Zoning By-law Amendment by Rock Island Investments Inc.; 1562 Road 3 East; Part of Lot 9, Concession 3 ED

R. Brown, Manager of Planning Services

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment, dated November 19, 2019;

ii) Report of R. Brown, Manager of Planning Services, dated November 27, 2019;

iii) Proposed By-law 106-2019, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

• Recommended Action

  That Council approves Zoning By-law Amendment Application ZBA/21/19 to amend the existing ‘Agriculture Zone 1 Exception 10, (A1-10)’ on the subject lands located at 1562 Road 3 E to permit the conversion of an existing single detached dwelling for use as a non-accessory bunkhouse and add a commercial self-storage business and adopt the implementing by-law.

3.

PUBLIC MEETING--Application for Zoning By-law Amendment by Rock Island Investments Inc.; 1335, 1361 and 1415 Road 3 E, Part of Lot 8, Concession 2 ED, Part 1, RP 12R 8670, Part 1 RP 12R 25914 and Parts 5 to 8, RP 12R 25474

R. Brown, Manager of Planning Services

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment, dated November 19, 2019;

ii) Report of R. Brown, Manager of Planning Services, dated November 26, 2019;

iii) Proposed By-law 107-2019, being a By-law to amend the Comprehensive Zoning By-law for the Town of Kingsville.

• Recommended Action

  That Council approves Zoning By-law Amendment Application ZBA/22/19 to rezone the subject lands located at 1335, 1361 & 1415 Road 3 E from ‘Agriculture Zone 1 (A1)’ to a special ‘Agriculture Zone 1 Exception 80, (A1-80)’ to permit the conversion of an existing single detached dwelling to a non-accessory bunkhouse and adopt the implementing by-law.

I.

AMENDMENTS TO THE AGENDA

J.

ADOPTION OF ACCOUNTS

1.

Town of Kingsville Accounts for the monthly period ended November 30, 2019 being TD cheque numbers 0071025 to 0071372 for a grand total of $2,366,616.44.

• Recommended Action

  That Council receives Town of Kingsville Accounts for the monthly period ended November 30, 2019 being TD cheque numbers 0071025 to 0071372 for a grand total of $2,366,616.44.

K.

STAFF REPORTS

1.

Application for Site Plan Amendment by Tay Inc. 190 Main St. E., Part of Lot 1, Concession 2 ED Part 2, RP 12R 26799

R. Brown, Manager of Planning Services

• Recommended Action

  That Council approves Site Plan Amendment Application SPA/24/19 to:

  replace the existing single story elevation drawings with the new two storey elevation drawings included as Appendix C;

  replace the existing site plan drawing for the medical clinic with a revised site plan drawing Appendix B, showing the increase square footage, increase in height and addition of the covered entrance at the rear of the building, subject to the conditions outlined in the Amended Site Plan Agreement, and authorize the Mayor and Clerk to sign the amended agreement and register said agreement on title.

2.

Cottam Community Improvement Plan Application by Bernard & Kathryn Cormier 125 County Road 34 W Pt. Lot 270, Concession STR, Part 5 & 10 RP 12R 16608

R. Brown, Manager, Planning Services

• Recommended Action

  It is recommended that Council approve the Cottam Community Improvement Plan funding application for the purchase and installation of a new HVAC system as an energy efficiency improvement for 125 County Road 34 W in the amount of $2,500 representing the maximum funding allowance per application.

3.

Application for Site Plan Amendment by DT Enterprise Farms Limited, 2001 Peterson Lane, Part of Lot 8, Concession 2 ED, Parts 1 and 2, RP 12R 17600

R. Brown, Manager of Planning Services

• Recommended Action

  That Council approves Site Plan Amendment Application SPA/22/19 for a 5.57 ha (13.76 ac.) addition to an existing greenhouse and 262 sq. m (2,820 sq. ft. addition to existing bunkhouse subject to the terms outlined in the Amending Agreement and authorize the Mayor and Clerk to sign the Agreement and register said Agreement on title.

4.

Lake Drive to Conservation Blvd Easement Agreement “Revised”

G. A. Plancke, Director of Municipal Services

• Recommended Action

  That the Town enter into a revised Easement Agreement with 1646322 Ontario Limited for the purpose of constructing and maintaining an active transportation trail connection from Lake Drive to Conservation Boulevard, and further that;

  The Mayor and Clerk be authorized to execute the revised Easement Agreement on behalf of the Town.

5.

Facility Rental Advertisement

M. Durocher, Parks and Recreation Programs Manager

• Recommended Action

  That Administration develop a facility booking advertising campaign and furthermore that this campaign provide a more detailed pricing and amenity list relative to each facility. 

6.

Investing in Canada Infrastructure Program Green Stream Intake 1

G. A. Plancke, Director of Municipal Services

• Recommended Action

  That Council endorses the Cottam Sewage Upgrade Phase 2 project for consideration as the appropriate project submission under the Investing in Canada Infrastructure Program Green Stream Intake 1.

7.

Cottam Rotary Lease Agreement

D. Wolicki, Manager of Municipal Facilities and Property

• Recommended Action

  That Council directs the Mayor and Clerk to execute the Amending Agreement with the Cottam Rotary Club for partial usage of the recreational facility located at 124 Fox Street in Cottam.

8.

2020 Draft Budget – Executive Summary

R. McLeod, Director of  Financial Services

• Recommended Action

  That Council receives the 2020 Draft Budget and provide direction on budget deliberation dates.

L.

MINUTES OF THE PREVIOUS MEETINGS

1.

Regular Meeting of Council--November 25, 2019

2.

Special Meeting of Council--December 2, 2019

• Recommended Action

  That Council adopts Regular Meeting of Council Minutes dated November 25, 2019, and Special Meeting of  Council Minutes, dated December 2, 2019.

M.

MINUTES OF COMMITTEES AND RECOMMENDATIONS

1.

Union Water Supply System Joint Board of Management - October 16, 2019

• Recommended Action

  That Council receives Union Water Supply System Joint Board of Management Meeting Minutes dated October 16, 2019

2.

Police Services Board - October 23, 2019

• Recommended Action

  That Council receives Police Services Board Meeting Minutes dated October 23, 2019

3.

Parks, Recreation, Arts and Culture Committee - October 24, 2019

• Recommended Action

  That Council receives Parks, Recreation, Arts and Culture Committee Meeting Minutes dated October 24, 2019 together with Minutes of the following sub-committees: Fantasy of Lights - September 10, 2019; Migration Festival - September 17, 2019; Highland Games - September 16, 2019; and Communities in Bloom - June 23, 2019.

N.

BUSINESS CORRESPONDENCE - INFORMATIONAL

1.

Resolutions of Endorsement of Town of Kingsville Resolution 533-2019 RE: Local Health Care Services:

a.

Municipality of Killarney

b.

Township of Front of Yonge

c.

Township of Armour

d.

Township of St. Joseph

e.

Town of Rainy River

f.

Municipality of Northern Bruce Peninsula

g.

Town of Laurentian Hills

h.

Township of Schreiber

i.

Township of Nairn and Hyman

2.

Petition of Residents on Woodlawn Crescent, dated September 15, 2019 RE:  Request for signage

• Recommended Action

  That Council receives Business Correspondence-Informational Items 1a.-i. and 2.

O.

NOTICES OF MOTION

1.

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

That Council approve the purchase or update of our Canada Flag stand or pole of a higher height, similar to the flag stand the County of Essex currently has in its Council Chambers.

2.

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

That the Town of Kingsville obtain and install a Christmas tree in the Park area south of the old Library, known as Carnegie Park in the Fall of 2020. Such tree to be prepared with lights prior to the opening of the Fantasy of Lights so that the lights may be connected or lit the same evening as the Fantasy of Lights opening; the tree would then become just one more part of our great Fantasy of Lights celebration. The Fantasy of Lights Committee could then assist our Parks and Recreation staff with the planning and coordination of the local school children to decorate the tree with their own decorations. The continued help, support and assistance of Municipal Services Staff along with the Fire Department Staff is acknowledged, appreciated and requested in 2020 and future years.

3.

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

That Council request a comprehensive report that includes Planning, Municipal Services (Engineering), and Building to demonstrate to Council: i) How the subdivision site plans are designed with levels of drains and catch basins; ii) how Subdivisions constructed are checked to ensure compliance with the engineered designs; iii) how Subdivisions constructed do not, or will not, have an adverse effect on adjacent property owners; iv) such report expected within ninety (90) days (See: Notice of Motion, dated November 21, 2019)

P.

UNFINISHED BUSINESS, ANNOUNCEMENTS AND UPDATES

Q.

BYLAWS

1.

By-law 102-2019

Being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/23/19; 354 Road 11, Part of Lot 15, Concession 10)

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

2.

By-law 105-2019

Being a by-law authorizing the entering into of an Easement Agreement with 1646322 Ontario Limited for the purpose of constructing and maintaining an active transportation trail connection from Lake Drive to Conservation Boulevard

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

3.

By-law 106-2019

Being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/21/19; 1562 Road 3 E, Part of Lot 9, Concession 3 ED)

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

4.

By-law 107-2019

Being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/22/19; 1335, 1361 and 1415 Road 3 E, Part of Lot 8, Concession 2, ED, Part 1, RP 12R 8670, Part 1, RP12R 25914 and Parts 5 to 8, RP 12R 25474)

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

5.

By-law 109-2019

Being a By-law to amend By-law 2-2019, being a By-law to appoint certain members and individuals of Council and individuals to boards and committees.

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

6.

By-law 110-2019

Being a By-law under the Municipal Act, 2001 Part 13, Section 408; to authorize the issue of two series of debentures to consolidate the financing of construction and/or maintenance of numerous drains all in the Town of Kingsville

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

7.

By-law 111-2019

Being a  By-law to authorize the entering into of an Amending Agreement with Rotary Club of Cottam

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

R.

CONFIRMATORY BY-LAW

1.

By-law 112-2019

Being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its December 9, 2019 Regular Meeting.

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

S.

ADJOURNMENT