TOWN OF KINGSVILLE
REGULAR MEETING OF COUNCIL
AGENDA

Monday, July 08, 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

​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.​

G.

REPORT OUT OF CLOSED SESSION

Pursuant to Section 239 of the Municipal Act, 2001, Council entered into Closed Session at 7:07 p.m. on June 24, 2024, to discuss the following items:

Item I - Board and Committee Appointments (Communities in Bloom and Joint OPP Detachment Board) heard under Section 239(2)(b) being personal matters about an identifiable individual including municipal employees. Council considered applications for appointment to Communities in Bloom and the Joint OPP Detachment Board and as a result, appointed Sue Novotny to Communities in Bloom by way of a By-law in the succeeding Open Session. Council gave direction to Administration with respect to an appointment to the Joint OPP Detachment and information on the successful appointee will be made public when available. There is nothing further to report.

Item II - Status of Crossing Guard Program heard under Section 239(2)(f) being advice that is subject to solicitor-client privilege, including communications necessary for that purpose. Council considered a report on Crossing Guards in the succeeding Open Session. There is nothing further to report.

Item III - Legal Matter heard under Section 239(2)(f) being advice that is subject to solicitor-client privilege, including communications necessary for that purpose. No action resulted from the discussion and there is nothing further to report.

Item IV - Procurement Contract Involving the Province of Ontario heard under Section 239(2)(f) being advice that is subject to solicitor-client privilege including communications necessary for that purpose. Council gave direction to Administration and information will be made public when available. There is nothing further to report.

H.

DELEGATIONS

I.

PRESENTATIONS

1.

ERSPA 2023 Annual Progress Report

Katie Stammler, Water Quality Scientist/Source Water Protection Manager at ERCA

Tom Fuerth, Chair of Essex Region Source Protection Committee

J.

MATTERS SUBJECT TO NOTICE

1.

Moroun Pump Station Improvements

• Recommended Action

  That the Report provided by N.J. Peralta Engineering Inc, dated June 21, 2024, on the Moroun Pumping Station for Improvements under a Report under Section 78 of the Drainage Act, BE ADOPTED.

2.

8th Concession Drain – MTO Highway Widening Project

• Recommended Action

  That the Report provided by Dillon Consulting, dated June 10, 2024, on the 8^th Concession Drain for improvements on the drain for the MTO Highway Widening Project, under a Report of an Engineer pursuant to Section 78 of the Drainage Act, BE ADOPTED.

3.

9th Concession Drain – MTO Highway 3 Culvert Extension

• Recommended Action

  That Report provided by Dillon Consulting, dated June 10, 2024, on the 9^th Concession Drain for the MTO Highway 3 culvert extension, under a report of an Engineer pursuant to Section 78(5) of the Drainage Act, BE ADOPTED.

4.

Union Avenue Drain – Extending to Outlet

• Recommended Action

  That the Report dated April 10, 2024, prepared by Baird AE for the abandonment of the Extension Drain as per Section 40 of the Drainage Act, BE ADOPTED.

5.

Cottam Sideroad Branch of the 7th Concession Drain – Improvements for MTO Highway Widening Project

• Recommended Action

  That the Report provided by Dillon Consulting, dated June 10, 2024, on the Cottam Sideroad Branch of the 7^th Concession Drain for improvements on the drain for the MTO Highway Widening Project, under a Report of an Engineer pursuant to Section 78 of the Drainage Act BE ADOPTED.

6.

Application for Consent and Zoning By-Law Amendment (B 2024-15 and ZBA 2024-11): Surplus Dwelling Severance at 1738 Arner Townline

• Recommended Action
  1. That consent application B-2024-15, to sever an existing dwelling, deemed surplus to the needs of the applicants’ farming operation with an area of 1.079 ac (0.44 ha) lot shown as Part 1 on the applicants’ sketch, known as 1738 Arner Townline, in the Town of Kingsville, BE APPROVED, subject to the following conditions:
     1. That the necessary deed(s), transfer or changes be submitted electronically, signed and fully executed, including a copy of the reference plan, prior to certification.

     2. That an easement for water service shall be signed and fully executed to the satisfaction of the town, prior to certification

     3. The conditions imposed above shall be fulfilled by July 8^th, 2026 or this application shall be deemed to be refused in accordance with Section 53(41) of the Planning Act.

  2. And that By-law 49-2024 being a By-law to amend the Comprehensive Zoning By-law 1-2014 for the Town of Kingsville, to amend the zoning on the retained farm parcel municipally known as VL Arner Townline from ‘General Agricultural (A1)’ to ‘Agricultural - Restricted (A2)’ and the severed residential parcel known as 1738 Arner Townline from ‘General Agricultural (A1)’ to ‘Rural Residential (RR)’ BE APPROVED; and the Mayor and Clerk BE AUTHORIZED to sign same.

7.

Application for Consent and Zoning By-Law Amendment (B 2024-17 and ZBA 2024-10): Surplus Dwelling Severance at 4336 Graham Sideroad

• Recommended Action
  1. That consent application B-2024-17, to sever an existing dwelling, deemed surplus to the needs of the applicants’ farming operation with an area of 1.6 ac (0.65 ha) lot shown as Part 1 on the applicants’ sketch, known as 4336 Graham Sideroad, in the Town of Kingsville, BE APPROVED, subject to the following conditions:
     1. Provide confirmation to the satisfaction of the Town of existing septic system on the property that meets Ontario Building Code requirements and setbacks in relation to the revised lot line locations.

     2. The building must comply with the Ontario Building Code for exposing building face and limiting distance.  The applicant must provide calculations, documentation and complete any necessary construction to comply with the OBC. 

     3. Provide proof of drainage, acceptable to the municipality, to serve the lands being conveyed and the lands being retained, with the costs of such drainage being solely at the expense of the applicant. Proof of Drainage shall be submitted to the Municipality a minimum of one month prior to the stamping of the deeds.

     4. Execute an agreement for drainage apportionment due to lands severance or sale approved by the Municipality for each parcel being severed. Drainage Apportionment Request, 12R plan shall be submitted to the Municipality a minimum of one month prior to the stamping of the deeds.

     5. That the necessary deed(s), transfer or changes be submitted electronically, signed and fully executed, including a copy of the reference plan, prior to certification.

     6. The conditions imposed above shall be fulfilled by July 8^th, 2026 or this application shall be deemed to be refused in accordance with Section 53(41) of the Planning Act.

  2. And that By-law 50-2024 being a By-law to amend the Comprehensive Zoning By-law 1-2014 for the Town of Kingsville, to amend the zoning on the retained farm parcel municipally known as VL Graham Sideroad from ‘General Agricultural (A1)’ to ‘Agricultural - Restricted (A2)’ and the severed residential parcel known as 4336 Graham Sideroad from ‘General Agricultural (A1)’ to ‘Rural Residential (RR)’ BE APPROVED; and the Mayor and Clerk BE AUTHORIZED to sign same.

8.

Application for Redline Amendment SUB 2022-5 and Application for Rezoning ZBA 2024-12 of Heritage Estates Subdivision by 1552843 Ontario Ltd. (Noah Homes)

• Recommended Action
  1. A resolution in support of the Redline Amendment of the approved Draft Plan of Subdivision, County File No. 37-T-23003, for a revised total of 29 lots and a mix of 15 single family and 28 semi-detached dwellings (43 residential units total) BE APPROVED subject to any additional conditions that may be outlined by the County in its approval, and

  2. That Zoning By-law Amendment application ZBA 2024-12 to amend the current Lakeshore Residential West Exception 35 – holding (LR-35 (h)) zoning on the subject parcel in the Town of Kingsville BE APPROVED to include the following:
     1. Lot frontages in Lots 11 – 25 for single family residential use reduced from 18m (59 ft) to 12.5 m (42 feet);
     2. Minimum lot areas in Lots 11 - 25 for single family residential use reduced from 557 m2 (5,995 ft2) to 440 m2 (4,736 sq.ft.);
     3. Maximum lot coverage, where there are no legal Additional Dwelling Units, be increased from 40% to 50%;
     4. Maximum lot coverage, where there are legal Additional Dwelling Units, be increased from 40% to 60%;
     5. Front yard depth be reduced from 6, (20 ft.) to 5.5m (18 ft.)
     6. Interior side yard depth for main buildings with an attached garage be reduced from 1.5m (5 ft) to 1.2 m (4 ft)

  3. By-law 51-2024 being a by-law to amend By-law No. 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

  4. The Registered Development Agreement (CE1173875) between the applicant and Town be amended to reflect the Redline Amendment and the associated rezoning, and to reflect that the development will be completed in one phase;

  5. That By-Law 54-2024, being a by-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville to remove the Holding symbol (h) on the subject lands be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

K.

REPORTS - PLANNING AND DEVELOPMENT SERVICES

No Reports at this time.

L.

REPORTS - FINANCE AND CORPORATE SERVICES

1.

Council and Committee – Conference, Travel and Other Expense Policy Update

• Recommended Action
  1. That the amendments to the Council and Committee – Conference, Travel and other Expense Policy, as recommended by Committee of the Whole and Administration, BE APPROVED.

M.

REPORTS - FIRE RESCUE SERVICES

No Reports at this time.

N.

REPORTS - PUBLIC OPERATIONS

No Reports at this time.

O.

REPORTS - LEGAL, BUILDING AND BY-LAW SERVICES

No Reports at this time.

P.

REPORTS - CAO's OFFICE

1.

Essex County Nurse Practitioner-Led Clinic and Physician Recruitment and Retention Grants

• Recommended Action
  1. That Council APPROVES a grant for the Essex County Nurse Practitioner-Led Clinic (“ECNPLC”) for the provision of Nurse Practitioner services out of the medical clinic located at 273 Main Street East Kingsville, in the total amount of $35,000.00 to be paid from the Town’s Health Care Reserve in monthly installments over a 1-year period, subject to certain conditions;

  2. The CAO and Director of Finance/Treasurer BE AUTHORIZED to enter into the requisite Grant Agreement with the ECNPLC on behalf of the Town;

  3. Council APPROVES a grant for the TMC Urgent Care Clinic – Kingsville, to assist in their efforts to recruit and retain physicians to practice out of the medical clinic at 273 Main Street East, Kingsville, in the total amount of $30,000.00, to be paid from the Town’s Health Care Reserve in annual installments of $6000.00 over a 5-year period, subject to certain conditions;

  4. That the CAO and Director of Finance/Treasurer BE AUTHORIZED to enter into the requisite Grant Agreement with the TMC Urgent Care Clinic – Kingsville on behalf of the Town; and

  5. Council APPROVES a policy and practice of not bringing forward for consideration future requests for financial support for medical services or medical practitioners, with an understanding that health care is a provincial responsibility and should be funded and provided to residents without requiring financial support by municipalities which have limited resources and many competing priorities.

Q.

CONSENT AGENDA

1.

Regular Council Meeting Minutes - June 24, 2024

2.

BIA Minutes - May 14, 2024

R.

CORRESPONDENCE

No Correspondence.

S.

NOTICES OF MOTION

T.

UNFINISHED BUSINESS AND ANNOUNCEMENTS

U.

BYLAWS

• Recommended Action

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

  By-law 45-2024 being a By-law to provide for the improvements to the 8^th Concession Drain and new maintenance schedule for the Ministry of Transportation Highway 3 Widening Project at a total estimated cost of $1,828,000 in the Town of Kingsville, in the County of Essex

  By-law 46-2024 being a By-law to provide for the realignment of the 9^th Concession Drain and Kings Highway No. 3 Culvert Extension for the Ministry of Transportation Highway 3 Widening Project at a total estimated cost of $640,000 in the Town of Kingsville, in the County of Essex

  By-law 47-2024 being a By-law to provide for the realignment and extension of the Cottam Sideroad Branch of the 7^th Concession Drain for the Ministry of Transportation Highway 3 Widening Project at a total estimated cost of $1,669,000 in the Town of Kingsville, in the County of Essex

  By-law 55-2024 being a By-law to provide for the improvements for the Moroun Pumping Scheme at a total estimated cost of $686,257.00 in the Town of Kingsville, in the County of Essex

   

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

  By-law 53-2024 being a By-law to Amend the Traffic By-law (Jasperson Drive - no stopping)

  By-law 56-2024 being a By-law to confirm the proceedings of The Council of the Corporation of the Town of Kingsville at its July 8, 2024 Regular Meeting of Council.

V.

CLOSED SESSION

• Recommended Action

  That Council enter into Closed Session at X:XX pm, pursuant to section 239 of the Municipal Act, 2001, to discuss the following item:

  Item I - Property Acquisition - Surplus School Properties to be heard under Section 239(2)(c) a proposed or pending acquisition or disposition of land by the municipality; and, Section 239(2)(k) a position, plan, procedure, criteria, or instruction to be applied to negotiations.

W.

ADJOURNMENT

• Recommended Action

  That Council adjourns this Regular Meeting at  p.m.