REGULAR MEETING OF COUNCIL

AGENDA

Meeting #:
Date:	Monday, December 11, 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.

Chief Building Official Peter Valore will be in attendance to introduce Michael Olewski (Building Inspector) and Robert Sassine (By-law Enforcement Officer)

F.

MATTERS SUBJECT TO NOTICE

1.

Engineer's Report Consideration-Ruscom River Drain

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

i) Notice of Meeting to consider the Engineer's Report, dated November 9, 2017

ii) Rood Engineering Inc., Consulting Engineers, Engineer's Report for the Ruscom River Drain (Bank Protection Part Lot 21, Concession 9; Geographic Township of Gosfield North; REI Project 2015D013), dated September 27, 2017;

iii) Proposed By-law 118-2017, being a By-law to provide for the repair and improvements to the Ruscom River 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 prepared by Rood Engineering Inc. dated September 27, 2017 (REI Project 2015D013) (including the updated Construction Schedule of Assessment filed at this Regular Meeting); read By-law 118-2017, being a by-law to provide for the repair and improvements to the Ruscom River Drain in the Town of Kingsville, in the County of Essex a first and second time; and Schedule Court of Revision for a future date.

2.

PUBLIC MEETING--Proposed Development Charges By-law and Background Study--Presentation by Gary Scandlan from Watson and Associates Economists Ltd.

This Public Meeting is being held under Section 12 of the Development Charges Act, 1997 to give the public an opportunity to ask questions, provide comments and make representations on the Development Charge Background Study.

i) Notice of Public Meeting, dated November 8, 2017;

ii) Town of Kingsville Development Charges Background Study, dated November 8, 2017 including Appendices A to G.

iii) Comments from the Public;

iv) Comments from Council

• Recommended Action

  That Council receive the Town of Kingsville Development Charges Background Study of Watson & Associates Economists Ltd. dated November 8, 2017 and direct Administration to update the Development Charges By-law for consideration on January 8, 2018.

3.

PUBLIC MEETING--Zoning By-law Amendment ZBA/20/17 Edward Remark & Sons Limited – Owner; The Corporation of the Town of Kingsville - Applicant;  VL ES Jasperson Drive Part of Lot 3, Concession 1 ED Part 4, RP 12R 6302

R. Brown, Manager of Planning and Development Services

i) Report of R. Brown, Manager of Planning and Development Services, dated November 30, 2017 with attached Appendices A, B, C and D

ii) Proposed By-law 126-2017, being a by-law to amend By-law 1-2014, the Comprehensive Zoning By-law for The Corporation of the Town of Kingsville

• Recommended Action

  Council approve zoning amendment application ZBA/20/17 to rezone a portion of the subject lands from Residential Zone 2 Exception 13, holding ‘R2.1-13(h)’ to a site-specific Education Zone, ‘EG-1’ and adopt the implementing by-law.

  Council direct administration to require that the site plan approval process to be completed for the development of the site include a minimum of one information open house and that once the application is scheduled for Council consideration that a notice of that meeting be circulated to same property owners circulated for the December 11, 2017 Council meeting and post notice in the Kingsville Reporter.

4.

PUBLIC MEETING--1933892 Ontario Inc. (Lakeside Park Place Condominium) Part of Lot 1, Concession 1, ED 6 Park St. (formerly 285-289 Division St. S.) County of Essex File No.: 37-CD-17002

R. Brown, Manager of Planning and Development Services

i) Report of R. Brown, Manager of Planning and Development Services, dated November 24, 2017.

ii) Comments from Helena Nelson, 24 Lakeside Crescent, dated December 1, 2017

• Recommended Action

  That Council receive the report prepared by the Manager of Planning Services dated November 24, 2017 in support of the proposed draft plan of condominium; further that Council support the draft plan of condominium, County of Essex File No.: 37-CD-17002 for the Lakeside Park Place Condominium located at 6 Park St., Part of Lot 1, Concession 1 ED, in the Town of Kingsville; and further that Council directs Administration to advise the approval authority (Manager of Planning Services for the County of Essex) that Council supports the draft plan of condominium approval subject to the imposition of satisfactory conditions by the County including amendment of the existing site plan agreement to add said conditions as an Appendix to the agreement, subject to the following condition:

  that the applicant provide an outline to the Director of Financial Services detailing the provisions being made to ensure that the payment of taxes is kept up-to-date until all units have been provided with individual assessment roll numbers.

5.

PUBLIC MEETING-2017 Fence By-law Update-Final

R. Brown, Manager of Planning and Development Services

i) Notice of Public Meeting, dated November 1, 2017;

ii) Report of R. Brown dated December 7, 2017;

ii) Proposed By-law 127-2017, being a By-law to regulate the Height, Location and Description of Fences by The Corporation of the Town of Kingsville

• Recommended Action

  That Council adopt the revised By-law to Regulate the Height, Location and Description of  Fencing, also referred to as the Kingsville Fencing By-law, excluding the addition of a setback from buildings or structures, and further, to include a provision specifically permitting barbed wire fences around a utility structure.

G.

AMENDMENTS TO THE AGENDA

Councillor Neufeld added one item under unfinished business.

Councillor Patterson added one announcement.

H.

ADOPTION OF ACCOUNTS

• Recommended Action

  That Council approve Town of Kingsville Accounts for the period ended November 30, 2017 being TD cheque numbers 0063643 to 0063842 for a grand total of $1,452,853.56.

1.

Town of Kingsville Accounts for the monthly period ended November 30, 2017, being TD cheque numbers 0063643 to 0063842 for a grand total of $1,452,853.56

• Recommended Action

  Council approve Town of Kingsville accounts for the period ended November 30, 2017 being TD cheque numbers 0063643 to 0063384 for a grand total of $1,452,853.56

I.

STAFF REPORTS

1.

Leamington and Area Family Health Team

P. Van Mierlo-West, CAO

• Recommended Action

  That Council approve the attached contribution agreement between the Leamington and Area Family Health Team and The Corporation of the Town of Kingsville, and that the Clerk and Mayor be authorized to sign this agreement.

2.

2017 Year End Capital Project Carry Overs and Reserve Transfers

S. Zwiers, Director of Financial Services

• Recommended Action

  That Council approves the transfers to and from reserves as outlined in the table in report FS-2017-25, including one additional item which recommended the transfer from the Tourism and Economic Development reserve to cover the capital purchase of a video camera in the amount of $2,899.99.

3.

Sun Valley Estates 2a (Regent St, Mucci, Branco Dr.)

A. Plancke, Director of Municipal Services

• Recommended Action

  That Council concur with the request of the Developer’s Consultant to initially accept Sun Valley Estates Phase 2a onto “Maintenance” for a period of no less than one year, and that the Clerk provide written confirmation to the Developer of the date of initial acceptance of the development by Council resolution.

   

4.

SECC o/a Erie Shores Community Transit Agreement

A. Plancke, Director of Municipal Services

• Recommended Action

  That Council authorize the entering into a new agreement with the SECC o/a Erie Shores Transit jointly with the Municipalities of Leamington, and Chatham-Kent for a term of 10 years commencing January 1, 2018 and ending December 31, 2027 and authorize the Clerk to execute the agreement and draft the appropriate By-laws.

5.

Ammonia Safe Handling – Kingsville Arena

T. Del Greco, Manager of Municipal Facilities and Property

• Recommended Action

  Council receive Report of T. Del Greco, Manager of Municipal Facilities and Property, dated December *, 2017 for information with respect to ammonia safety precautions at Kingsville Arena.

   

6.

Municipal Asset Management Program Funding

K. Girard, Manager of Municipal Services

• Recommended Action

  That Council directs Municipal Services to apply for a grant opportunity from the Federation of Canadian Municipalities’ Municipal Asset Management Program (MAMP) for the Road Network Condition Assessment. Also, that the Town of Kingsville commits to conducting the following activities in its proposed project submitted to the Federation of Canadian Municipalities’ Municipal Asset Management Program to advance our asset management program:

  • Setting up demonstrations for Contractor services
  • Obtaining a Contractor through the Town’s request for proposal process (RFP)
  • Conduct the road network assessment and asset management software.

     

  Be it further resolved that the Town of Kingsville commits $20,000 from its budget toward the costs of the initiative.

7.

Lakeside Park Rental Review and Recommendations

M. Durocher, Parks and Recreation Programs Manager

• Recommended Action

  The Council receive the Report  of M. Durocher, Parks and Recreation Programs Manager, dated November, 2017 and review for information purposes of the 2014-2018 Lakeside Park Pavilion rentals and consider this report and recommendations when reviewing the upcoming fees and charges by law reports. in the first quarter of the new year.

   

   

   

8.

First Aid Courses and Event Coverage Update

M. Durocher, Parks and Recreation Programs Manager

• Recommended Action

  That Parks and Recreation staff become certified to teach through Red Cross and that they commence offering First Aid and CPR courses in 2018 to expand programming opportunities

   

9.

Road 11 Water Works Petition Update

K. Girard, Manager of Municipal Services

• Recommended Action

  That Council receive the update for the Road 11 water works petition and permit Municipal Services to terminate the petition process for this project. Further, that Council approve Financial Services to invoice the costs to date incurred for this petition to the benefitting property owners.

10.

Bill 148 Financial Impacts 2018

J. Galea, Human Resources Manager

• Recommended Action

  That Council receive the Report  of J. Galea, Human Resources Manager regarding Bill 148 and the financial implications flowing from the legislated changes, for information.

11.

Cedar Island Yacht Club -

P. Van Mierlo-West, CAO

• Recommended Action

  The Council   direct that the  marina committee meet one more time for review.

J.

BUSINESS/CORRESPONDENCE-ACTION REQUIRED

1.

Draft 2018 Municipal Budget for The Corporation of the Town of Kingsville (to be provided at meeting)

• Recommended Action

  That Council set 2018 Municipal Budget Deliberation dates for January 16, 2018 (9:00 a.m. to 2:00 p.m.), February 5, 2018 (12:30 p.m. to 7:00 p.m.) and, if necessary, March 5, 2018 at 5:00 p.m.

2.

Migration Hall Agreement, dated November 20, 1992

• Recommended Action

  That Council receive the Migration Hall Agreement, dated November 20, 1992, for information.

K.

MINUTES OF THE PREVIOUS MEETINGS

1.

Regular Meeting of Council--November 27, 2017

2.

Regular 'Closed Session' Meeting of Council--November 27, 2017

• Recommended Action

  That Council adopt Regular Meeting of Council Minutes dated November 27, 2017 and Regular 'Closed Session' Meeting of Council Minutes, dated November 27, 2017.

L.

MINUTES OF COMMITTEES AND RECOMMENDATIONS

1.

Kingsville BIA--October 17, 2017

• Recommended Action

  That Council receive Kingsville BIA Minutes, dated October 17, 2017

2.

Parks, Recreation, Arts and Culture Committee--October 12, 2017

• Recommended Action

  Council receive Parks, Recreation, Arts and Culture Committee Minutes dated October 12, 2017 together with the minutes of the following Sub-Committees: Fantasy of Lights dated August 22, 2017, Communities in Bloom dated August 24, 2017; and The 55+ Committee dated August 17, 2017.

M.

BUSINESS CORRESPONDENCE - INFORMATIONAL

1.

Windsor-Essex Catholic District School Board Media Release received from Director of Education T. Lyons, dated December 5, 2017

2.

MADD Canada-Correspondence of thanks from Dawn Regan, Chief Operating Officer, dated November, 2017

3.

Ministry of Finance--Correspondence from Minister of Finance and Minister of Municipal Affairs RE: Ontario Municipal Partnership Fund (OMPF) municipal allocations for 2018, dated November 20, 2017

4.

Windsor-Essex County Health Unit--Correspondence from G. McNamara, Chair, Windsor-Essex County Board of Health to Minister of Health and Long Term Care re: Proposed Changes to the Cannabis Act (Bill C-45)

5.

Environment and Land Tribunals--Correspondence dated November 30, 2017 RE: Windsor Essex Community Housing Appeal (Case No. PL171238/ ZBA/21/17; 194 Division N.)

6.

Town of Tecumseh-Correspondence dated November 20, 2017 re: Provincial Flood Insurance Program

7.

Ministry of Municipal Affairs--Correspondence from Minister Mauro, dated November 24, 2017

8.

Town of Ingersoll--Correspondence from Michael Graves, Clerk enclosing Resolution passed November 13, 2017 RE: landfill projects approvals

• Recommended Action

  That Council receive information items 1-8 as outlined.

N.

NOTICES OF MOTION

1.

Councillor Patterson may move, or cause to have moved, that Administration pursue looking into the installation of an additional snowflake light at the Cottam Rotary Park

2.

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

That Senior Administration of the Town of Kingsville request a formal meeting with the senior Administration of the Greater Essex County District School Board regarding Migration Community Hall located at 170 Main St. East; specific topics of discussion being Community Use and ongoing communication.

O.

UNFINISHED BUSINESS, ANNOUNCEMENTS AND UPDATES

P.

BYLAWS

1.

By-law 118-2017

Being a by-law to provide for the repair and improvements to the Ruscom River Drain in the Town of Kingsville, in the County of Essex

To be read a first and second time only.

• Recommended Action

  Council read By-law 118-2017, being a by-law to provide for the repair and improvements to the Ruscom River Drain, in the Town of Kingsville in the County of Essex (Rood Engineering Inc. Project No. REI2015D013) a first and second time.

2.

By-law 126-2017

Being a by-law to amend By-law 1-2014, the Comprehensive Zoning By-law for The Corporation of the Town of Kingsville (Part of Lot 3, Concession 1 ED, Pt 4, RP-12R 6302; ZBA/20/17)

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

• Recommended Action

  Council read By-law 126-2017, being a By-law to amend By-law No. 1-2014, the Comprehensive Zoning By-law for The Corporation of the Town of Kingsville, a first, second and third and final time (Part of Lot 3, Concession 1, ED, Pt 4, RP 12R 6302; ZBA/20/17) a first, second and third and final time.

3.

By-law 127-2017

Being a By-law to Regulate the Height, Location and Description of Fences by The Corporation of the Town of Kingsville

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

• Recommended Action

  That Council read By-law 127-2017, being a By-law to  Regulate the Height, Location and Description of Fences by The Corporation of the Town of Kingsville, as amended, a first, second and third and final time.

4.

By-law 128-2017

Being a By-law to authorize the entering into of an Agreement with Coco Paving Inc. for the County Road No. 18 Watermain Extension from County Road No. 34 Easterly to M & M Farms Ltd. (Stantec Consulting Ltd., Project No. 165620120) (full contract document available for review in Corporate Services Department)

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

• Recommended Action

  That Council read By-law 128-2017, being a By-law to authorize the entering into of an Agreement with Coco Paving Inc. for the County Road No. 18 Watermain Extension from County Road No. 34 Easterly to M & M Farms Ltd. (Stantec Consulting Ltd. Project No. 165620120) a first, second and third and final time.

5.

By-law 129-2017

Being a by-law to ament By-law 101-2004 and to Appoint Inspector under the Building Code Act, 1992, S.O. 1992, c. 23

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

• Recommended Action

  That Council read By-law 129-2017, being a by-law to amend By-law 101-2004 and to Appoint Inspector under the Building Code Act, 1992, S.O. 1992, c. 23 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:

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

ii) Section 239(2)(d) labour relations or employee negotiations, being Report of J. Galea, Human Resources Manager, dated December 1, 2017 RE: Management staff compensation (Report CS-2017-022)

• Recommended Action

  That Council, at 10:21 p.m., enter into Closed Session to address the following items:

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

  ii) Section 239(2)(d) labour relations or employee negotiations, being Report of J. Galea, Human Resources Manager, dated December 1, 2017 RE: Management staff compensation (Report CS-2017-022)

R.

REPORT OUT OF CLOSED SESSION

S.

CONFIRMATORY BY-LAW

1.

By-law 130-2017

Being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its December 11, 2017 Regular Meeting

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

• Recommended Action

  Council read by-law 130-2017, being a by-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its December 11, 2017 Regular Meeting a first, second and third and final time.

T.

ADJOURNMENT

• Recommended Action

  Council adjourn this meeting at 10:35 p.m.