TOWN OF KINGSVILLE
REGULAR MEETING OF COUNCIL
AGENDA

Monday, December 09, 2024 at 6:00 P.m. - 10:00 P.m.

Unico Community Centre

37 Beech Street

Kingsville, ON N9Y 1A9

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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 5:00 p.m. on November 25, 2024, to discuss the following items:

Item I - Update on Development Matter 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. There is nothing further to report.

Item II - Update Legal Matter Related to User Group 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. 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 November 27, 2024, to discuss the following items:

Item I - Update on Development Matters and Litigation heard under Section 239(2)(e) being litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and, Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose. There is nothing further to report.

Item II - Annual Update on Litigation and Legal Files heard under Section 239(2)(e) being litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and, Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose. There is nothing further to report.

Item III - Land Acquisition and Disposition heard under Section 239(2)(c) being a proposed or pending acquisition or disposition of land(s) by the municipality. There is nothing further to report.

Item IV - Negotiations with Third Parties for Industrial Lands and Medical Centre 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.

H.

Delegations

I.

Presentations

J.

Matters Subject to Notice

1.

175 Wigle Avenue - 1364674 Ontario LimitedZoning By-law Amendment for residential plan of subdivision(ZBA-2023-16) and Draft Plan of Subdivision (SUB-2024-01)County of Essex File No.: 37-T-24007

• Recommended Action
  1. That Zoning By-law Amendment Application ZBA 2024-16 to amend the zoning designation on parts of the subject land, municipally known as 175 Wigle Avenue, legally described as Part of Lots 64, 65 & 69, Part of Bauslaugh Avenue, Part of Lane Registered Plan 344, and Part of Block B Registered Plan 424 in the Town of Kingsville, BE APPROVED as presented in the attached Key Map (see Appendix A), in the following manner:

      

     1. On parts of the subject land, the zoning be changed from “General Commercial - Holding [C4(h)]” to a site-specific “Low Density Urban Residential 2.1 - Holding with exception 19 [R2.1-19 (h)]”; where

         

        1. Provisions of the (R2.1) Section 6.2 shall apply to the lands zoned R2.1-19.
        2. Notwithstanding the zone provisions of (R2.1), the regulations as outlined in this Council Report shall apply to lands zoned (R2.1-19) for Semi-detached dwellings and Semi-detached dwelling units only.

            

  2. And That an additional Holding Provision be placed at the rear (eastern) portion of lots 14 to 18 to temporarily protect the natural features which include endangered species habitat until such time when the requirements of MECP have been satisfied;

      

  3. And That By-law 102-2024 being a By-law to amend Kingsville’s Comprehensive Zoning By-law No. 1-2014 BE ADOPTED during the By-law Stage of this Council Agenda;

      

  4. And That Administration BE DIRECTED to advise the County of Essex that the Town of Kingsville has no concern or comment regarding the proposed draft plan of subdivision by 1364674 Ontario Limited, which is a County of Essex decision, and is subject to the required Zoning By-law Amendment, as described in this report.

2.

Schiller Branch Drain – Realignment of a Portion of the Drain for the MTO Highway Widening Project

• Recommended Action

  That the Engineer’s Report prepared by Dillon Consulting, dated November 15, 2024 for the Schiller Branch Drain – Realignment of the Lower Portion for the MTO Widening Project, pursuant to Section 78 of the Drainage Act, BE ADOPTED.

3.

Gibbs Drain - MTO Highway Widening Project

• Recommended Action

  That the Engineer’s Report prepared by Dillon Consulting, dated November 15, 2024, regarding the Gibbs Drain for the MTO Widening Project, pursuant to Section 4 of the Drainage Act, BE ADOPTED.

4.

Tully Meleg Drain – MTO Highway Widening Project

• Recommended Action

  That the Engineer’s Report prepared by Dillon Consulting, dated November 15, 2024, regarding the Tully Meleg Drain for the MTO Widening Project, pursuant to Section 78 of the Drainage Act, BE ADOPTED.

5.

Road 29 Drain – MTO Highway Widening Project

• Recommended Action

  That the Report prepared by Dillon Consulting, dated November 15, 2024, regarding the Road 29 Drain for the MTO Widening Project, pursuant to Section 4 of the Drainage Act, BE ADOPTED.

K.

Reports - Finance and Corporate Services

1.

Update to the Strategic Plan – A 2040 Vision for Kingsville

• Recommended Action

  That Council APPROVES the November 18, 2024, recommendation from the Committee of the Whole to replace Strategic Priority 3E.3. as contained in the “Strategic Plan – A 2040 Vision for Kingsville” which reads "develop and implement a plan for Mettawas Park and Grovedale Arts & Culture Centre" with "develop and implement a Waterfront Plan encompassing Lakeside Park to the docks" with a target start date of 2026;

  And That Administration BE DIRECTED to update the Strategic Plan – A 2040 Vision for Kingsville accordingly.

2.

2025 Insurance Renewal

• Recommended Action
• Recommended Action

  That Administration BE DIRECTED to renew the Town’s insurance program with Intact Public Entities Inc. for a one-year period beginning January 1, 2025.

L.

Consent Agenda

1.

Fantasy of Lights Committee Minutes - September 17, 2024

2.

Heritage Advisory Committee Minutes - November 5, 2024

3.

Regular Council Meeting Minutes - November 25, 2024

M.

Correspondence

N.

Notices of Motion

O.

Unfinished Business and Announcements

P.

By-laws

• Recommended Action

  That the following By-laws be given first and second readings:

  98-2024 - Being a By-law to provide for the Realignment of the Lower Portion of the Schiller Branch Drain at a total estimated cost of $423,800 in the Town of Kingsville, in the County of Essex

  99-2024 - Being a By-law to provide for MTO Improvements to the Tully Meleg Drain at a total estimated cost of $203,300 in the Town of Kingsville, in the County of Essex 

  100-2024 - Being a By-law to provide for MTO Improvements to the Gibbs Drain at a total estimated cost of $206,800 in the Town of Kingsville, in the County of Essex 

  101-2024 - Being a By-law to provide for MTO Improvements to the Road 29 Drain at a total estimated cost of $173,700 in the Town of Kingsville, in the County of Essex

• Recommended Action

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

  102-2024 - Being a By-law to amend By-law No. 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville

  103-2024 - Being a By-law to confirm the proceedings of the Council of the Corporation of the Town of Kingsville at its December 9, 2024 Regular Meeting of Council

Q.

Closed Session

• Recommended Action

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

  Item I - Employee Review to be heard under Section 239(2)(b) being personal matters about an identifiable individual, including municipal employees

R.

Adjournment

• Recommended Action

  That Council adjourns this Regular Meeting at  p.m.