TOWN OF KINGSVILLE
REGULAR MEETING OF COUNCIL
AGENDA

-
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 [email protected]

A.
Call to Order

 

B.
Closed Session

 
  • Recommended Action

    That Council ENTER into Closed Session at 5:00 p.m. pursuant to Section 239 of the Municipal Act, 2001, to discuss the following items:

    Item I - Update on Development Matter to be heard under Section 239(2)(f) being advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and Section 239(2)(k) being a position, plan, procedure, criteria, or instruction to be applied to negotiations.

    Item II - Update Legal Matter Related to User Group to be heard under Section 239(2)(f) being advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and Section 239(2)(k) being a position, plan, procedure, criteria, or instruction to be applied to negotiations.

C.
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.

D.
Moment of Silent Reflection and National Anthem

 

E.
Mayor's Welcome and Remarks

 

F.
Amendments to the Agenda

 

G.
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.​

H.
Report out of Closed Session

 

Pursuant to Section 239 of the Municipal Act, 2001, Council entered into Closed Session at 8:47 p.m. on November 18, 2024, to discuss the following items:


Item I - Lions Hall heard under Section 239(2)(k) being a position, plan, procedure, criteria, or instruction to be applied to negotiations. There is nothing further to report.


Item II - Non-Union Compensation Review heard under 239(2)(d) being labour relations or employee negotiations and 239(2)(b) and under 239(2)(b) being personal matters about an identifiable individual, including municipal employees. There is nothing further to report.

I.
Delegations

 

J.
Presentations

 

1.
Arts Society of Kingsville

This item has attachments. 
1.ASK Presentation to Council_20241125 WD.pdf

Wendy Durante, Chair of the Arts Society of Kingsville, appearing before Council to thank the Town for their support and provide an update on the organization's activities and future plans.

K.
Matters Subject to Notice

 

1.
1478 Road 2 East and part of 0 Road 2 East (Vacant lot) Draft Plan of Subdivision (SUB-2022-02) – Mivita Estates County of Essex File No.: 37-T- 24002

This item has attachments. 
1.1478 ROAD 2 EAST - Mivita Draft Plan of Subdivision.pdf
2.Appendix A - Key Map.pdf
3.Appendix B - Draft Plan of Subdivision.pdf
4.Appendix C - Request to Notify (County).pdf
5.Appendix D - Notice of Application (Kingsville).pdf
6.Appendix E - Request for Comment (County).pdf
7.Appendix F - Notice of Application - Web (Kingsville).pdf
8.Appendix G - Notice of Application - Signs (Kingsville).pdf
9.Appendix H - Public Comments.pdf
  • Recommended Action

    That Council DIRECTS Administration to advise the County of Essex that the Town of Kingsville supports the proposed Draft Plan of Subdivision by 552843 Ontario Ltd. & Mivita Holdings Inc., in principle and subject to the required Zoning By-law Amendment and Consent Application for land exchange and granting of required easement, as described in this Report presented at the November 25, 2024, Regular Meeting of Council.

2.
1478 Road 2 East and part of 0 Road 2 East (Vacant lot) – Mivita Estates Subdivision Zoning By-law Amendment (ZBA-2024-19) and Consent Application (B-2024-27)

This item has attachments. 
1.ZBA-2024-19 and B-2024-27 For Mivita Estate Subdivision.pdf
2.Appendix A - Key Map and Proposed Zoning Amendment Details.pdf
3.Appendix B – Consent Map and 12R-29939 Registered Easement.pdf
4.Appendix C – Draft Plan of Subdivision Mivita Estate.pdf
5.Appendix D – Subdivision Concept Plan and Typical Lot Layout – Applicant’s Proposal.pdf
6.Appendix E – Planning Justification Report.pdf
7.Appendix F – Public Notices.pdf
8.Appendix G – Notice Signs Placed on Public Highways.pdf
9.Appendix H – Public Comments.pdf
  • Recommended Action

    That Zoning By-law Amendment application ZBA 2024-19 to amend the current Residential Zone 2 Rural/Urban (R2.2) zoning on those parts of the lands, municipally known as 1478 Road 2 East and part of 0 Road 2 East (Vacant lot), having legal description Part of Lot 9, Concession 2 Eastern Division in the Town of Kingsville, as shown on Appendix A of this report, by changing the current zoning designation from ‘General Agricultural (A1)’ to a ‘Site-Specific Residential Zone 2 Rural/Urban - Hold (R2.2-12[H])’ and ‘Public Utilities/Facilities Zone - Hold (MG [H])’ BE APPROVED in the following manner:

    1. Subsection 6.2.2 Residential Zone 2 Rural/Urban (R2.2) of Town of Kingsville Comprehensive Zoning By-law No. 1-2014 is amended by adding Exception 12 (R2.2-12) as shown in Appendix A of this report;
    2. Town of Kingsville Comprehensive Zoning By-law No. 1-2014 is further amended by adding Site-specific Holding Provisions as shown in Table 1 of Appendix A of this report;

    And that corresponding By-law 95-2024 being a by-law to amend the Comprehensive Zoning By-law 1-2014 for the Town of Kingsville, BE ADOPTED during the by-law section of this council agenda;

    And that Consent Application (B-2024-27) for land exchange between 1478 Road 2 East and 0 Road 2 East (Vacant lot), and transfer of a 3-metre-wide easement or right of way to the Town of Kingsville, for placement of water services BE APRPOVED subject to the following conditions:

    1. Prior to the consent being endorsed on the deeds, the property owner shall provide a registered 12R-Plan to the Municipality;
    2. Prior to consent being endorsed on the deeds, the applicant must provide confirmation that the transfer of easement or right of way to the Town of Kingsville has been registered;
    3. 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; and
    4. The conditions imposed above shall be fulfilled by November 25, 2026, or this application shall be deemed to be denied in accordance with Section 53(41) of the Planning Act.

L.
Reports - Finance and Corporate Services

 

1.
2025 Fees and Charges By-law

This item has attachments. 
1.2025 Fees and Charges.pdf
2.Appendix A - (2025 Fees and Charges Proposed Changes).pdf
  • Recommended Action

    That Council APPROVE the proposed 2025 Fees and Charges;

    And that the corresponding By-law 89-2024, being a By-law to impose Fees and Charges by The Corporation of the Town of Kingsville BE ADOPTED during the By-law stage of this Council Agenda.

2.
2025 Water and Sewer Rates

This item has attachments. 
1.2025 Water and Sewer Rates.pdf
2.090-2024 Water and Sewer Rates with Schedule - DRAFT_accessible.pdf
  • Recommended Action

    That Council APPROVE the proposed 2025 Water and Sewage Rates;

    And that the corresponding By-law 90-2024, being a by-law to impose water and sewage rates BE ADOPTED during the By-law stage of this Council Agenda.

3.
Power of Entry By-law

This item has attachments. 
1.Power of Entry By-law.pdf
2.92-2024 Power of Entry By-law.pdf
  • Recommended Action

    That Council APPROVE the proposed Power of Entry By-law, being a By-law to provide for Powers of Entry on Land for the Purpose of Carrying Out Inspections;

    And that the corresponding By-law 92-2024 BE ADOPTED during the By-law stage of this Council Agenda.

4.
Development Charges By-law Update – Amendments as per Bill 185

This item has attachments. 
1.Development Charges By-law Update – Amendments as per Bill 185.pdf
2.Watson Memo RE - Bill 185 with amending by-law.pdf
3.091-2024 Amend By-law 4-2023(1).pdf
  • Recommended Action

    That By-law 4-2023, being a by-law to establish Development Charges for the Town of Kingsville BE AMENDED to:

    1. Include the cost of growth-related studies identified in section 3.1.2 of the attached memorandum dated October 21, 2024; and,
    2. Repeal the phase-in requirements that are no longer mandatory;

    And that corresponding By-law 91-2024, being a by-law to amend By-law 4-2023, BE ADOPTED during the By-law stage of this Council Agenda. 

5.
Management Agreement with Fisheries and Oceans Canada for the Small Craft Harbours’ Facility at Cedar Beach

This item has attachments. 
1.Lease Agreement with Fisheries and Oceans Canada for the Small Craft Harbours' Facility at Cedar Beach.pdf
2.Schedule A - DFO Agreement.pdf
  • Recommended Action

    That the Mayor and Clerk BE AUTHORIZED to enter into Management Agreement OP-4555-H-2401 with His Majesty the King, in right of Canada, represented by the Minister of Fisheries and Oceans;

    And that By-law 96-2024 being a By-law to repeal By-law 122-2017 which is a By-law authorizing the entering into of a Management Agreement CA-4555-H-1710 with Her Majesty the Queen, in right of Canada, represented by the Minister of Fisheries and Oceans (the Small Craft Harbours’ Facility at Cedar Beach, Ontario, BE APPROVED during the By-law stage of this Council Agenda.

M.
Reports - Fire Rescue Services

 

1.
Community Risk Assessment

This item has attachments. 
1.2024 Community Risk Assessment.pdf
2.KFRS Community Risk Assessment 2024.pdf
  • Recommended Action

    That the Community Risk Assessment BE ENDORSED, as presented;

    And that Council DIRECT the Fire Chief to submit the Kingsville Fire & Rescue’s 2024 Community Risk Assessment to the Office of the Fire Marshal in accordance with Ontario Regulation 378/18 of the Fire Protection and Prevention Act, 1997.

N.
Consent Agenda

 

O.
Correspondence

 

P.
Notices of Motion

 

Q.
Unfinished Business and Announcements

 

R.
By-laws

This item has attachments. 
1.088-2024 Amend By-law 2-2021, to establish and regulate a Fire Department.pdf
2.089-2024 Fees and Charges By-law (Final).pdf
3.090-2024 Water and Sewer Rates - FINAL.pdf
4.091-2024 Amend By-law 4-2023.pdf
5.092-2024 Power of Entry By-law.pdf
6.093-2024 Amend Property Standards By-law.pdf
7.094-2024 Adopt Emergency Management Program.pdf
8.095-2024 Repeal By-law 122-2017.pdf
9.096-2024 Mivita.pdf
10.097-2024 Confirmatory November 25, 2024.pdf
  • Recommended Action

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

    88-2024 - A By-law to amend By-law 2-2021 being a By-law to establish and regulate a Fire Department for the Town of Kingsville;

    89-2024 - A By-law to impose fees and charges by The Corporation of the Town of Kingsville;

    90-2024 - A By-law to impose water and sewage rates;

    91-2024 - A By-law to amend By-law 4-2023 being a By-law to establish development charges for the Town of Kingsville;

    92-2024 - A By-law to Provide for Powers of Entry on Land for the Purpose of Carrying Out Inspections;

    93-2024 - A By-law to amend By-law 72-2024, being a by-law to establish procedures governing the standards for the maintenance and occupancy of property within the municipality;

    94-2024 - A By-law to adopt an Emergency Management Program and Emergency Response Plan and to meet other Requirements under the Emergency Management and Civil Protection Act;

    95-2024 - A By-law to Repeal By-law 122-2017, a By-law authorizing the entering into of a Management Agreement CA-4555-H-1710 with Her Majesty the Queen, in right of Canada, represented by the Minister of Fisheries and Oceans (the Small Craft Harbours’ Facility at Cedar Beach, Ontario)

    96-2024 - A By-law to amend By-law No. 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville

    97-2024 - A By-law to confirm the proceedings of the Council of the Corporation of the Town of Kingsville at its November 25, 2024 Regular Meeting of Council 

S.
Adjournment

 
  • Recommended Action

    That Council adjourns this Regular Meeting at  p.m.

No Item Selected