TOWN OF KINGSVILLE
REGULAR MEETING OF COUNCIL
AGENDA

Monday, February 05, 2024 at 6:00 P.m. - 10:00 P.m.

Unico Community Centre

37 Beech Street

Kingsville, ON N9Y 1A9

View Livestream at the time of the proceedings at

https://www.kingsville.ca/livestream

For information pertaining to this agenda or to arrange for any additional accessibility

needs please contact the Clerk at

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A.

CALL TO ORDER

B.

LAND ACKNOWLEDGEMENT

We acknowledge the Three Fires Confederacy (Ojibwe, Potawatomie and Odawa) and the Traditional ancestral, unceded territory of Caldwell First Nation; the original people of Point Pelee, Pelee Island and its surrounding waters. We recognize and respect the First Nations who are stewards of the land and waters of Turtle Island and who have embraced this stewardship since time immemorial. We would also like to acknowledge all the moccasins who have walked lands of Turtle Island.

C.

MOMENT OF SILENT REFLECTION AND NATIONAL ANTHEM

D.

MAYOR'S WELCOME AND REMARKS

E.

AMENDMENTS TO THE AGENDA

F.

DISCLOSURE OF PECUNIARY INTEREST

G.

REPORT OUT OF CLOSED SESSION

Pursuant to Section 239 of the Municipal Act, 2001, Council entered into Closed Session at 6:45 p.m. on January 29, 2024, to discuss the following items:

Item I - Committee Appointments heard under Section 239(2)(b) personal matters about an identifiable individual, including municipal or local board employees. There is nothing further to report.

Item II - Sale of Surplus Lands heard under Section 239(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board. There is nothing further to report.

Item III - West Side Collector Road heard under Section 239(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board; Section 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and, Section 239(2)(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. There is nothing further to report.

H.

DELEGATIONS

I.

PRESENTATIONS

J.

MATTERS SUBJECT TO NOTICE

1.

Cameron Road Branch of the Billings Drain – 3 New Bridges

• Recommended Action

  That the report provided by Peralta Engineering, dated January 5, 2024, on the Cameron Road Branch of the Billings Drain for three new bridges for owner of parcel # 610-00302, under a report of an engineer pursuant to Section 78 of the Drainage Act BE ADOPTED.

2.

Jamis Drain and Branches – New Petition Drain

• Recommended Action

  That the Report provided by Peralta Engineering, dated January 15, 2024, on the Jamis Drain and Branches, a new petition drain, for owner of parcels 1-7 under Roll # 290-08900, under a report of an engineer pursuant to Section 4 of the Drainage Act BE ADOPTED.

3.

Orton Drain – Legalize Bridge – 480-01600

• Recommended Action

  That report provided by Rood Engineering, dated January 4, 2024, on the Orton Drain for the legalization of a temporary bridge for owner of parcel # 480-001600, under a report of an engineer pursuant to Section 78 of the Drainage Act BE ADOPTED.

4.

Application for Zoning By-law Amendment (ZBA-2023-19) by Antonio Manuel Alberto and David Farias 297 Glass Avenue PLAN 1013 LOTS 23 & 24 371125000002000

• Recommended Action
  1. That By-law 07-2024 being a By-law to amend the Comprehensive Zoning By-law for the Town of Kingsville, to amend the zoning on the subject parcel municipally known as 297 Glass Avenue, PLAN 1013 LOTS 23 & 24, in the Town of Kingsville, from ‘Residential Zone 1 Urban (R1.1)’ to ‘Residential Zone 1 Urban Exception 31 (R1.1-31)’ BE APPROVED; to permit:
     1. A semi-detached dwelling and semi-detached dwelling unit, and;
     2. Reduction of the required interior side yard setback from 3 m (10 ft.) to 2.2 m (7.33 ft.).

5.

Application for Consent B-2024-1, Official Plan Amendment OPA-2024-1 & Zoning By-law Amendment Application ZBA-2024-1 by Kevin Kimball and L Kimball Lumber & Building 308 & 314 Ro

• Recommended Action

  That Council:

  1. APPROVE consent application B-2024-1 for the purpose of a lot-line adjustment, shown on the Applicants’ Sketch, for the lands known as 308 and 314 Road 8 W, in the Town of Kingsville, subject to the following conditions:

      

     1. That a plan of survey be prepared, or a reference plan deposited in the registry office, both an electronic and paper copy be provided to the Town for the files of the Secretary-Treasurer.

         

     2. That the deeds, such plan of survey or reference plan, for property lines being newly created, shall be in accordance with the existing zoning requirements for the municipality including satisfactory proof as to compliance of the location of all buildings on the subject lands, either by way of a plan showing the location of all buildings located thereon, or a certificate from a qualified surveyor indicating the location and sizes of all buildings on the said lands and/or favorable minor variances shall have been processed for any non-compliances.

         

     3. That the owner shall provide that all municipal taxes be paid in full and that necessary apportionments of storm drainage be established pursuant to the provisions of the Local Improvement Act and/or the Municipal Act.

         

     4. That as a result of 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.

         

     5. The conditions imposed above shall be fulfilled by February 5^th, 2026, or this application shall be deemed to be denied in accordance with Section 53(41) of the Planning Act.

  2.  Adopt Official Plan Amendment No. 17 (OPA 17) to re-designate parts of lands located at 308 road 8 W being added to 314 Road 8 W., from ‘Agricultural’ to ‘Industrial’ in the Town of Kingsville and direct administration to forward the amendment to the County of Essex for final approval.

  3.  Approve Zoning By-law amendment application ZBA-2024-1, to implement OPA 17, parts of lands located at 308 road 8 W being added to 314 Road 8 W., from ‘General Agricultural (A1)’ to ‘General Light Industrial (M1)’ and adopt the implementing by-law subject to final approval of OPA 17 by the County of Essex.

K.

REPORTS - PLANNING AND DEVELOPMENT SERVICES

1.

Mettawas Park – Paving of Parking Lot

• Recommended Action
  1. That the Mettawas Park Parking Lot Tender BE AWARDED to J.C.S. Construction Inc. in the amount of $406,848 (excluding HST) and the Mayor and Clerk BE AUTHORIZED to execute the requisite agreement.
  2. That Administration BE DIRECTED to expense an additional $30,000 from collected DC’s and an additional $10,000 from the Mettawas Park Reserve Account to fund an expected deficit.

2.

Marcovecchio Industrial Subdivision Phase 1

• Recommended Action
  1. That Council APPROVE for final acceptance and assumption the roadway and infrastructure for the Marcovecchio Industrial Subdivision Phase 1.

3.

Application for Part Lot Control Exemption (PLC-2024-1) by Supreme Homes Group Inc. 1582 & 1584 Jasperson Dr. Gosfield Con 1 ED Pt Lot 3

• Recommended Action

  That Part Lot Control By-law 10-2024 to allow Part 2, 12R-29060 to be exempt from Section 50(5) of the Planning Act BE APPROVED.

L.

REPORTS - FINANCE AND CORPORATE SERVICES

M.

REPORTS - FIRE RESCUE SERVICES

N.

REPORTS -  PUBLIC OPERATIONS

O.

REPORTS - BUILDING AND BY-LAW SERVICES

P.

REPORTS - CAO's OFFICE

Q.

CONSENT AGENDA

• Recommended Action

  That Items 1 and 2 on the Consent Agenda, BE RECEIVED.

1.

Regular Council Meeting Minutes - January 29, 2024

2.

Police Services Board Minutes - November 22, 2023

R.

CORRESPONDENCE

S.

NOTICES OF MOTION

1.

Live-streaming Committee of the Whole Meetings - Deputy Mayor DeYong

• Recommended Action

  Whereas the Municipal Act, 2001, states that municipalities must be accountable to the public and that the process for making decisions must be transparent in order to provide good government; 

  And Whereas live-streaming public Council and Committee meetings is a way to foster accountability and transparency;

  And Whereas on August 26, 2019, Council adopted resolution 444-2019, authorizing the Corporate Services Department to contract with eScribe to provide live-streaming services for its Council meetings;

  And Whereas in January 2020, the Town of Kingsville began live-streaming and recording its Council meetings;

  Therefore, Council directs Administration to make the necessary arrangements to live-stream its Committee of the Whole Meetings on a go-forward basis.

T.

UNFINISHED BUSINESS AND ANNOUNCEMENTS

U.

BYLAWS

• Recommended Action

  That the following By-laws receive two readings and provisionally pass:

  By-law 08-2024 being a By-law provide for the three (3) new bridges over the Cameron Road Branch of the Billings Drain at a total estimated cost of $83,328 in the Town of Kingsville, in the County of Essex.

  By-law 09-2024 being a By-law to provide for a new bridge over the Orton Drain at a total estimated cost of $38,500 in the Town of Kingsville, in the County of Essex.

  By-law 12-2024 being a By-law to to provide for the new petition drain called Jamis Drain and Branches Project for Roll # 290-38900, in the Town of Kingsville, in the County of Essex.

   

  And that the following By-laws receive a third and final reading and finally pass:

  By-law 85-2023 being a By-law to provide for the relief drain for the Gilboe Drain for the Ministry of Transportation Highway 3 Widening Project at a total estimated cost of $150,000 in the Town of Kingsville, in the County of Essex.

  By-law 86-2023 being a By-law to to provide for the realignment of the Lane Drain and Highway Culvert Replacement for the Ministry of Transportation Highway 3 Widening Project at a total estimated cost of $954,000 in the Town of Kingsville, in the County of Essex.

   

  And that the following By-laws receive three readings and finally pass:

  By-law 17-2024 being a By-law to Appoint Phil Caruana to the Committee of Adjustment & Appeals.

  By-law 18-2024 being a By-law to confirm the proceedings of the Council of the Corporation of the Town of Kingsville at its February 5, 2024 Regular Meeting of Council.

V.

CLOSED SESSION

W.

ADJOURNMENT

• Recommended Action

  That Council adjourns this Regular Meeting at  p.m.