TOWN OF KINGSVILLE
REGULAR MEETING OF COUNCIL
AGENDA

Monday, September 09, 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

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needs please contact the Clerk at

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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 item:

  Item I - Update on Matter Before an Administrative Tribunal to be heard under Section 239(2)(e) being litigation or potential litigation, including matters before administrative tribunals, affecting the municipality.

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 6:00 p.m. on August 8, 2024, to discuss the following items:

Item I - Development Update heard under Section 239(2)(b) being personal matters about an identifiable individual; and; 239(2)(e) being litigation or potential litigation, including matters before administrative tribunals, affecting the municipality. There is nothing further to report.

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

Item III - Update on Matter Before an Administrative Tribunal heard under Section 239(2)(e) being litigation or potential litigation, including matters before administrative tribunals, affecting the municipality. A public report on this matter will be provided in this Open Session. There is nothing further to report.

Pursuant to Section 239 of the Municipal Act, 2001, Council entered into Closed Session at 5:00 p.m. on August 12, 2024, to discuss the following items:

Item I - Board and Committee Appointments (Kingsville Municipal Heritage Advisory Committee) heard under Section 239(2)(b) being personal matters about an identifiable individual including municipal employees. Council considered applications for appointment to the Kingsville Municipal Heritage Advisory Committee and gave direction to Administration with respect to an appointment which will be considered by way of a By-law in this Open Session. There is nothing further to report.

Item II - Union Water Supply System (UWSS Inc.) Annual General Meeting heard under Section 239(2)(b) being personal matters about an identifiable individual, including municipal employees; and, Section 239(2)(k) being a position, plan, procedure, criteria, or instruction to be applied to negotiations. Council appointed the Directors of Finance and Public Operations to attend and vote on behalf of the Town of Kingsville at the UWSS Annual General Meeting and gave direction to Administration on issues to bring forward for discussion at the Annual General Meeting by way of resolution in the succeeding Open Session. There is nothing further to report.

I.

Delegations

J.

Presentations

1.

Parks and Recreation Department Review

K.

Matters Subject to Notice

1.

Zoning By-Law Amendment (ZBA-2024-17) for 2014 Road 3 East

• Recommended Action
  1. That Zoning By-law amendment application ZBA-2024-17 to amend the zoning on the subject parcel from “General Agricultural (A1)” to a site specific “General Agricultural with exception 89 (A1-89)" to the site known as 2014 Road 3 E BE APPROVED to add the following uses:

      

     1. Primary uses:
        1. Those uses permitted under Section 7.1 (Rural Residential).
        2. A micro-brewery as an agricultural related primary use on the subject site

            

     2. Accessory uses to micro-brewery as primary use:
        1. Permit an outdoor pavilion that is accessory use
        2. Permit a fenced off-leash dog play area
        3. Permit the sales of brews produced on site including accessory merchandise associated with the agricultural related micro-brewery business

            

     3. Permitted buildings and Structures
        1. Those buildings and structures permitted under Section 7.1 (Rural Residential) in the (A1) zone
        2. Buildings and structures accessory to the permitted uses.

            

  2. That corresponding by-law (By-law 63-2024) BE ADOPTED, during the By-law section of this council agenda.

2.

Consent (B-2024-18) and Zoning By-law Amendment for 719 Seacliff Drive (ZBA-2024-9)

• Recommended Action
  1. That Consent application B-2024-18, to create a lot that has an area of 1,954.63 m² (21,039.46 ft²) and a frontage of 22.88 m (74.80 ft) on Seacliff Drive (County Road 20) shown as Part 3 on the draft survey (Attached as Appendix B) and an easement for storm sewer shown as Part 2 on the Plan of Survey, on lands municipally known as 719 Seacliff Drive, in the Town of Kingsville, BE APPROVED, subject to the following conditions:
     1. That a reference plan (R-Plan) be prepared and deposited in the registry office; and that a copy of the R-Plan be provided to the Town;

     2. That a permit be obtained from the County of Essex for a new driveway on the retained parcel and that copy of the permit provided to the Town;

     3. That the retained and severed properties meet all Ontario Building Code requirements for septic systems; or that the applicant install septic systems on both lots as required subject to Ontario Building Code requirements and setbacks

     4. That the applicant obtain a permit, including lot grading plan, to connect both the severed and retained lots to a municipal storm sewer from the Town of Kingsville.

     5. That the applicant provide private locates to confirm that no municipal services cross the property lines of the severed and retained lots.

  2. That Zoning by-law application ZBA-2024-2 to amend the Comprehensive zoning by-law for the Town of Kingsville on the retained parcel seen as Part 1 on the applicant’s survey in Appendix B for the parcel municipally known as 719 Seacliff Road, from “Lakeshore Residential with exception 2 (LR-2)” to “Lakeshore Residential (LR)”, BE APPROVED.
  3. That the corresponding Zoning By-law Amendment (By-law 69-2024) BE ADOPTED, during the By-law section of this Council agenda.

L.

Reports - Planning and Development Services

1.

Climate-Resilient Coastal Communities Program Funding

• Recommended Action

  That Council DIRECT Administration to apply $10,000 from its 2024 operating budget to fund its 2024 commitment to the $1.2 million, three-year Pelee Climate-Resilient Coastal Communities Program; and to include $10,000 in the 2025 and 2026 Budgets for consideration by Council.

M.

Reports - Finance and Corporate Services

1.

My Main Street Grant

N.

Reports - Fire Rescue Services

No Reports.

O.

Reports - Public Operations

No Reports.

P.

Reports - Building and By-law Services

No Reports.

Q.

Reports - CAO's Office

1.

Pound Agreement – St. Clair College Veterinary Technician Program

• Recommended Action

  That Administration BE AUTHORIZED to enter into an Agreement with St. Clair College of Applied Arts and Technology respecting the provision of adoption and euthanasia services for dogs from the Leamington Kingsville Pound, subject to certain conditions.

2.

Ontario Land Tribunal Appeal – 183 Main Street

• Recommended Action

  That Council AUTHORIZE a settlement of the appeal before the Ontario Land Tribunal related to 183 Main Street (Lead Case Number: OLT-23-001148; Related Case Number: OLT-23-001149), on terms and conditions satisfactory to the Manager of Legal Services.

R.

Consent Agenda

1.

Regular Meeting Minutes - August 12, 2024

2.

Committee of the Whole Minutes - May 13, 2024

3.

Committee of the Whole Minutes - June 17, 2024

4.

Kingsville Accessibility Advisory Committee Minutes - April 10, 2024

5.

Committee of Adjustment & Appeals Minutes - May 21, 2024

6.

Committee of Adjustment & Appeals Minutes - June 18, 2024

7.

Fantasy of Lights Minutes - June 18, 2024

8.

Heritage Advisory Committee Minutes - July 2, 2024

9.

BIA Minutes - July 9, 2024

10.

Committee of Adjustment & Appeals Minutes - July 16, 2024

11.

Fantasy of Lights Minutes - July 16, 2024

S.

Correspondence

T.

Notices of Motion

U.

Unfinished Business and Announcements

V.

By-laws

• Recommended Action

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

  By-law 59-2024 being a By-law to provide for MTO Improvements to the Upper Portion of the 4th Concession Drain at a total estimated cost of $570,800 in the Town of Kingsville, in the County of Essex.

  By-law 60-2024 being a By-law to provide for MTO Improvements to the Upper Portion of the No. 5 Drain at a total estimated cost of $1,094,000 in the Town of Kingsville, in the County of Essex.

• Recommended Action

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

  By-law 43-2024 being a By-law to exempt certain lands from Part Lot Control (Lot 61, Plan 12M-598; Lukas Drive) 
  

  By-law 63-2024 being a By-law to amend By-law No. 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

  By-law 64-2024 being a By-law to amend By-law 21-2005 as amended, being a By-law to regulate traffic and parking on highways within the Town of Kingsville.

  By-law 67-2024 being a By-law to appoint a member to the Kingsville Municipal Heritage Advisory Committee.

  By-law 69-2024 being a By-law to amend By-law No. 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

  By-law 70-2024 being a By-law to confirm the proceedings of the Council of the Corporation of the Town of Kingsville at its September 9, 2024 Regular Meeting of Council.

W.

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 items:

  Item I - Sports Business Relocation to be heard under Section 239(2)(k) being a position, plan, procedure, criteria, or instruction to be applied to negotiations; and;

  Item II - Development Update to be heard under Section 239(2)(b) being personal matters about an identifiable individual; and; 239(2)(e) being litigation or potential litigation.

X.

Adjournment

• Recommended Action

  That Council adjourns this Regular Meeting at  p.m.