TOWN OF KINGSVILLEREGULAR MEETING OF COUNCILAGENDAMonday, April 14, 2025 at 6:00 P.m. - 10:00 P.m.Unico Community Centre37 Beech StreetKingsville, ON N9Y 1A9View 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 ActionThat Council enter into Closed Session at 4:30 p.m. pursuant to section 239 of the Municipal Act, 2001, to discuss the following items: Item I - Gravel Roads to be heard under Section 239(2)(e) being litigation or potential litigation, including matters before administrative tribunals, affecting the municipality; and, Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and, Item II - Ruthven Sewer Capacity Update to be heard under Section 239(2)(e) being litigation or potential litigation, including matters before administrative tribunals, affecting the municipality; and, Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose. 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 I.Delegations 1.Residents for Marsh Road Michelle Ramsay, resident, appearing before Council to seek support for addressing the conditions of Marsh Road. J.Presentations 1.Essex County Library Adam Craig, CEO/Chief Librarian, Essex County Library, appearing before Council to present highlights of the library's successes in 2024 and plans for 2025.K.Matters Subject to Notice 1.Holding Removal (ZBA-2025-1) for 52 Heritage Road (County Road 50) 1.52 County Road 50 - ZBA-2025-1.pdf2.Appendix A -Location Map(1).pdfRecommended ActionThat the Zoning By-law Amendment application ZBA-2025-1, to amend the Comprehensive Zoning By-law 1-2014 for the Town of Kingsville, on the subject property municipally known as 52 Heritage Road from ‘Residential Zone 1 Urban with Holding (R1.1(h))’ and ‘Residential Zone 1 Urban’ to ‘‘Residential Zone 1 Urban (R1.1)’ be approved. 2.Application for Consent and Zoning By-Law Amendment (B-2025-2 and ZBA-2025-2): Surplus Dwelling Severance at 459 County Road 34 East 1.459 County Road 34 E - B-2025-2 and ZBA-2025-2.pdf2.Appendix A -Location Map.pdf3.Appendix B-Applicant's Survey.pdfRecommended ActionThat consent application B-2025-2, to sever an existing dwelling, deemed surplus to the needs of the applicants’ farming operation with an area of 1.03 ha (2.56 ac) lot shown as Part 1 on the applicants’ sketch, known as 459 County Road 34 East, in the Town of Kingsville, be approved, subject to the following conditions: 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 and, Execute an agreement for drainage apportionment due to lands severance or sale approved by the Municipality for each parcel being severed and, Execute a mutual drain agreement due to lands severance or sale approved by the Municipality for each parcel being severed and, Provide a copy of the registered 12-R Plan and, Provide confirmation that a permit to establish a new driveway on the retained farm parcel is obtain either from the County of Essex or the Town of Kingsville for a driveway either on Inman Sideroad or County Road 34 East and, Provide the necessary deed(s), transfer or changes electronically, signed and fully executed, prior to certification and, The conditions imposed above shall be fulfilled by April 14th, 2027, or this application shall be deemed to be refused in accordance with Section 53(41) of the Planning Act. And that By-law 21-2025 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 County Road 34 East ‘General Agricultural (A1)’ to ‘Agricultural - Restricted (A2)’ and the severed residential parcel known as 459 County Road 34 East from ‘General Agricultural (A1)’ to ‘Rural Residential (RR)’ be approved and the Mayor and Clerk be authorized to sign same.L.Reports - Planning and Development Services 1.2025 Rural Road Resurfacing Tender Award 1.2025 Rural Road Resurfacing Tender Award.pdfRecommended ActionThat the 2025 Rural Road Resurfacing Tender be awarded to Shepley Road Maintenance Ltd. in the amount of $1,011,113.45 (excluding HST) and the Mayor and Clerk be authorized to execute the requisite agreement.M.Reports - Finance and Corporate Services 1.Kingsville Pro Rodeo 1.2025 Kingsville Pro Rodeo .pdfRecommended ActionThat Council direct Administration to provide a letter of "Municipal Significance" for the Kingsville Pro Rodeo, to be held at Trimble Farms from July 25 to July 27, 2025, to allow the event to obtain a licence to serve alcohol.2.Special Event - Hogs for Hospice 2025 1.Special Event - Hogs for Hospice 2025.pdfRecommended ActionThat road closures of Main Street (from Spruce Street to Chestnut Street) and Division Street (from King Street to Pearl Street) from 10:00 am to 2:00 pm on Saturday, August 2, 2025, for the Hogs for Hospice Registered Ride be approved. N.Reports - Public Operations 1.Grass Cutting and Trimming of Various Municipal Properties 1.Grass Cutting Contract.pdf2.Town of Kingsville - Schedule A - Parks and Recreation Properties.pdf3.Town of Kingsville - Schedule B - Public Works Properties.pdfRecommended ActionThat the Grass Cutting and Trimming of Various Municipal Properties Contract be awarded to A&M Lawncare in the amount of $86,319.00 (excluding HST) and the Mayor and Clerk be authorized to execute the requisite agreement. O.Reports - CAO's Office 1.Industrial and Commercial Community Improvement Plans (CIP) 1.Industrial and Commercial Community Improvement Plans (CIP).pdf2.APPENDIX A - Kingsville - Industrial and Commercial CIP - 2025.pdfRecommended ActionThat the Industrial and Commercial Community Improvement Plan (CIP) for the Town of Kingsville as attached in Appendix A be approved2.Ruthven Sanitary System Capacity 1.Ruthven Sanitary System Capacity.pdf2.24-2025 Establish Interim Control - Ruthven Sanitary System (Draft).pdfRecommended ActionThat Council approve an Interim Control By-law, pursuant to Section 38 of the Planning Act, in the format attached as Schedule “A” to this report; And that corresponding By-law 24-2025, being a By-law to establish Interim Control on lands within The Corporation of the Town of Kingsville, be adopted during the By-law stage of this Council Agenda; And that Council direct Administration: To complete a review and study in respect of the Town’s land use planning policies in relation to required changes to the Town’s land use planning policies, and other regulatory framework, as a result of the Town’s sanitary sewer constraints for the lands reliant on the Ruthven Sanitary System; To take immediate steps, as determined by Administration, to improve the flow rates in the Ruthven Sanitary System, including the installation of a pressure relief valve, larger pump, and flow monitoring equipment for each greenhouse, and any other actions which are reasonably expected to improve the flow rates; To bring forward recommendations on funding these actions, with a view to full cost recovery from greenhouse operations, and include all costs such as metering of flow rates from greenhouse operations, upgrades to the Ruthven Sanitary System, and enforcement of the prohibitions as required; and To prepare a Greenhouse Sewer Use By-law for Council’s consideration at the next regularly scheduled meeting of Council on April 28, 2025, and which shall: Prohibit the discharge of agricultural storm and process water, including greenhouse nutrient feedwater, into Kingsville’s sanitary sewer system; Require all discharge from greenhouse operations into the municipal sanitary sewer system off-peak hours and with a metering system that provides real-time flow metering. For clarity, discharge from greenhouse operations shall not include agricultural storm or process water; and Empower such steps as are deemed necessary to enforce this Greenhouse Sewer Use By-law, including the power of entry onto private property.P.Consent Agenda 1.Heritage Advisory Committee Minutes - February 4, 2025 1.Post-Meeting Minutes - MHAC_Feb04_2025 - English.pdf2.BIA Board of Management Minutes - February 11, 2025 1.BIA Minutes - February 11 2025.pdf3.Committee of Adjustment & Appeals Minutes - February 18, 2025 1.Post-Meeting Minutes - COAA_Feb18_2025 - English.pdf4.Fantasy of Lights Committee Minutes - February 18, 2025 1.FoL Minutes - February 18 2025.pdf5.Regular Meeting of Council - March 17, 2025 1.2025 03 17 Regular Council Meeting Minutes.pdfQ.Correspondence 1.Correspondence from Municipality of Leamington dated April 1, 2025, regarding 2024-2025 Dedicated Gas Tax Funds for Public Transportation Program 1.24-25 -ct Kingsville-Gas Tax Support.pdfRecommended ActionThat Council endorses the Municipality of Leamington to act on behalf of the Town of Kingsville as “host” for its provision of transit services for the purposes of the 2024-2025 Dedicated Gas Tax Funds for Public Transportation; And that Council directs the Acting Manager of Municipal Governance and Clerk to provide the Municipality of Leamington with a certified copy of this resolution which is to be returned with the Letter of Agreement to the Ministry of Transportation.2.Correspondence from the Western Ontario Wardens' Caucus dated March 18, 2025, Regarding Tariff Response 1.2025-03 WOWC Letter to PM Carney Premier Ford Tariffs.pdfR.Notices of Motion 1.Deputy Mayor DeYong - Enwin Utilities Ltd. Purchase of E.L.K. Energy Inc. Deputy Mayor DeYong may move or cause to have moved the following:Whereas E.L.K. Energy Inc. (“E.L.K.”) is a local electricity distribution company that services over 12,600 customers in the communities of Belle River, Comber, Essex, Harrow, Cottam and Kingsville;And whereas on Friday, March 14, 2025, Enwin Utilities Ltd. (“Enwin”) announced their purchase of E.L.K.;And whereas given that electricity is a critical and essential service, Town of Kingsville Council has previously advocated to E.L.K. on behalf of Kingsville and Cottam customers for quality customer service, regular tree maintenance, and increased investments on its distribution infrastructure; Now therefore be it resolved that Council directs Administration to write a letter to Enwin, as the new owner of E.L.K., conveying: that Town of Kingsville Council and Administration (the “Town”) are committed to building and maintaining a positive working relationship with Enwin premised on the Town’s advocacy position for Kingsville and Cottam customers; and request a meeting with Enwin at their earliest convenience. and that the Town is hopeful E.L.K.’s current mission statement to provide the highest quality of service to its customers by ensuring that the electrical system is designed, constructed and maintained to ensure its reliability, safety and affordability while increasing shareholder value continues, despite the purchase; and that the Town requests the continuation of regular tree maintenance for Kingsville and Cottam customers; and, that the Town requests the expedited construction and installation of a second feeder line to increase the reliability of electricity service for customers in Kingsville and Cottam. 2.Councillor Patterson - Tariffs and Buy Canadian Councillor Patterson may move or cause to have moved the following:Whereas trade relations between Canada and the United States (the “U.S.”) have been strained by tariffs imposed on Canadian goods by U.S. President Donald Trump;And whereas the Town of Kingsville (the “Town”) is situated in close proximity to a main international border crossing between Canada and the U.S., in a region that is economically sustained by its manufacturing and industrial agriculture sectors;And whereas such tariffs are likely to result in economic instability and massive job losses, and local municipalities are likely to experience these impacts directly;And whereas all levels of Canadian government, including municipalities, have significant purchasing power but have traditionally been prevented by trade agreements from giving preference to purchasing Canadian goods;And whereas Provincial and Federal leaders are encouraging Canadians to buy Canadian;And whereas given the strain on trade relations and the impending economic instability, it is in the interest of all Canadians that municipalities procure goods from Canadian suppliers;Now therefore be it resolved that The Council of the Corporation of the Town of Kingsville: Calls on the Provincial and Federal Governments to create and implement measures to protect Canadian businesses and consumers; Asks the Provincial and Federal Governments to remove any impediments that may prevent municipalities from giving preference to purchasing goods Canadian suppliers; and, Directs the Clerk to forward a copy of this Resolution to the Prime Minister of Canada, Premier of Ontario, all local MPs and MPPs, all Ontario Municipalities, AMO, and ROMA. S.Unfinished Business and Announcements T.By-laws 1.20-2025 Amend Fees and Charges By-law (Temporary Patios).pdf2.21-2025 459 County Road 34 East.pdf3.22-2025 52 Heritage Road.pdf4.23-2025 Appoint Branden Shagat.pdf5.24-2025 Establish Interim Control - Ruthven Sanitary System.pdf6.25-2025 Appoint Deputy Clerks.pdf7.26-2025 Confirmatory April 14, 2025.pdfRecommended ActionThat the following By-laws be given three readings and finally pass: 21-2025 being a By-law to amend By-law No. 1-2014 the Comprehensive Zoning By-law for the Town of Kingsville; 22-2025 being a By-law to amend By-law No. 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville; 23-2025 being a By-law to Appoint Branden Shagat as an Inspector under the Building Code Act, 1992; 24-2025 being a By-law to establish Interim Control on lands within The Corporation of the Town of Kingsville; 25-2025 being a By-law to appoint Deputy Clerks for the Town of Kingsville; and, 26-2025 being a By-law to confirm the proceedings of the Council of the Corporation of the Town of Kingsville at its April 14, 2025 Regular Meeting of Council.U.Adjournment Recommended ActionThat Council adjourns this Regular Meeting at XX:XX p.m.No Item Selected This item has no attachments.1.BIA Minutes - February 11 2025.pdf1.Post-Meeting Minutes - COAA_Feb18_2025 - English.pdf1.Post-Meeting Minutes - MHAC_Feb04_2025 - English.pdf1.FoL Minutes - February 18 2025.pdf1.2025 03 17 Regular Council Meeting Minutes.pdf1.2025-03 WOWC Letter to PM Carney Premier Ford Tariffs.pdf1.24-25 -ct Kingsville-Gas Tax Support.pdf1.Grass Cutting Contract.pdf2.Town of Kingsville - Schedule A - Parks and Recreation Properties.pdf3.Town of Kingsville - Schedule B - Public Works Properties.pdf1.Industrial and Commercial Community Improvement Plans (CIP).pdf2.APPENDIX A - Kingsville - Industrial and Commercial CIP - 2025.pdf1.Special Event - Hogs for Hospice 2025.pdf1.2025 Kingsville Pro Rodeo .pdf1.2025 Rural Road Resurfacing Tender Award.pdf1.459 County Road 34 E - B-2025-2 and ZBA-2025-2.pdf2.Appendix A -Location Map.pdf3.Appendix B-Applicant's Survey.pdf1.52 County Road 50 - ZBA-2025-1.pdf2.Appendix A -Location Map(1).pdf1.20-2025 Amend Fees and Charges By-law (Temporary Patios).pdf2.21-2025 459 County Road 34 East.pdf3.22-2025 52 Heritage Road.pdf4.23-2025 Appoint Branden Shagat.pdf5.24-2025 Establish Interim Control - Ruthven Sanitary System.pdf6.25-2025 Appoint Deputy Clerks.pdf7.26-2025 Confirmatory April 14, 2025.pdf1.Ruthven Sanitary System Capacity.pdf2.24-2025 Establish Interim Control - Ruthven Sanitary System (Draft).pdf