TOWN OF KINGSVILLE
REGULAR MEETING OF COUNCIL
AGENDA

Monday, November 27, 2023 at 6:00 P.m. - 10:00 P.m.

Council Chambers

2021 Division Road N

Kingsville, Ontario N9Y 2Y9

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

---

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.

AMENDMENTS TO THE AGENDA

E.

MAYOR'S WELCOME AND REMARKS

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(2) of the Municipal Act, 2001, Council entered into Closed Session at 7:55 pm on October 23, 2023 to address the following items:

Item I - 183 Main Street East heard under Section 239(2)(f) - advice that is subject to solicitor-client privilege, including communications necessary for that purpose

Item II - Personnel Matters heard under Section 239(2)(b) - personal matters about an identifiable individual, including municipal or local board employees; and Section 239(2)(d) - labour relations or employee negotiations.  There is nothing further to report.

H.

RECOGNITION

1.

Joe Colasanti, inductee into the Hospitality Hall of Fame

I.

PRESENTATIONS

1.

Tourism Windsor Essex Pelee Island (TWEPI ) - Presentation of plans for 2024

SEE:  PowerPoint presentation

Gordon Orr - CEO

Lynnette Bain - Vice President, Destination Development

Jason Toner - Director of Marketing and Communications

J.

MATTERS SUBJECT TO NOTICE

1.

Highway 3 Widening Project – Ministry of Transportation – Section 78 Reports for Repairs and Improvements to Existing Municipal Drains

• Recommended Action
  1. That the following reports provided by Dillon Consulting for the Highway 3 Widening project for improvements to the drains and crossing within the MTO right of way, under date of November 8, 2023, pursuant to Section 78 of the Drainage Act BE ADOPTED;
     1. Sedgewick Drain, Bridge Extension at a total estimated cost of $495,000
     2. 7^th Concession Road Drain, Bridge Extension at a total estimated cost of $840,000
     3. Boose Drain, Bridge Extension at a total estimated cost of $785,000
     4. East Branch No. 47 Drain, Bridge Extension at a total estimated cost of $570,000
     5. North Branch of the East Branch of No. 47 Drain, Culvert Extension at a total estimated cost of $220,000
     6. Wallace Fox Drain, Culvert Extension at a total estimated cost of $385,000
     7. Melville Bruner Drain, Culvert Replacement at a total estimated cost of $640,000
     8. East 3^rd Concession Drain, Upstream Relocation at a total estimated cost of $25,000
     9. Gilboe Relief Drain, Drain Improvements at a total estimated cost of $150,000
     10. Lane Drain, Culvert Replacement at a total estimated cost of $954,000

          

  2. By-law 072-2023 authorizing the work BE PRESENTED to Council for 1st and 2nd reading and that the Clerk send, by mail, a copy of the By-law and Notice of Court of Revision to each of the affected parties;
  3. A Court of Revision be held and that Tim Oliver, P. Eng., and Lu-Ann Marentette, Drainage Superintendent BE APPPOINTED as Commissioners to let and superintend the drainage works; and
  4. That the Essex Regional Conservation Authority (ERCA) BE ADVISED of the proposed improvements.

K.

REPORTS - PLANNING AND DEVELOPMENT SERVICES

1.

Road 11 Bridge over Patterson Drain

• Recommended Action
  1. That the Road 11 Bridge over Patterson Drain Tender BE AWARDED to Rudak Excavating Inc. in the amount of $586,900 (excluding HST) and the Mayor and Clerk BE AUTHORIZED to execute the requisite agreement.

L.

REPORTS - FINANCIAL AND CORPORATE SERVICES

No reports at this time.

M.

REPORTS - FIRE RESCUE SERVICES

1.

Emergency Management Program and Emergency Response Plan

• Recommended Action

  1. That the Kingsville Emergency Management Program and Emergency Response Plan BE APPROVED, as submitted; and,

  2. That By-law 74-2023 being a by-law to adopt an Emergency Management Program and Emergency Response Plan governing the provisions of necessary services during emergencies be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

N.

REPORTS - PUBLIC OPERATIONS

No reports at this time.

O.

REPORTS - LEGAL, BUILDING AND BY-LAW SERVICES

1.

By-law to Regulate Outdoor Illumination

• Recommended Action

  That amendments to the restrictions on outdoor illumination BE APPROVED to:

  1. Allow holiday lighting during the time period of November 15 to January 15; and
  2. Allow businesses to operate an outdoor illuminated commercial sign between the hours of 11:00 pm and 7:00 am provided that the business is open to the general public for retail sales.

  AND that By-Law 31-1999 be repealed and By-law 68-2023, being a Property Standards By-law, be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

P.

REPORTS - CAO's OFFICE

1.

2024 Council and Committee of the Whole Meeting Schedule

• Recommended Action
  1. That the 2024 Council and Committee of the Whole Meeting Schedule BE APPROVED as presented; and,

      

  2. The Clerk BE AUTHORIZED to move any impacted holiday Mondays in the same manner going forward into future years.

2.

Committee of the Whole – November 20, 2023

• Recommended Action
  1. That the 2024 Fees and Charges By-law BE APPROVED
  2. That the 2024 Water and Sewage Rates By-law BE APPROVED
  3. That the 2024 Kingsville Block Party report, as amended, BE APPROVED

Q.

CONSENT AGENDA

1.

Essex Region Conservation Authority – Category 3 Non-Mandatory Programs and Services

2.

Regular Council Meeting Minutes - October 23 2023

3.

Special Council Meeting Minutes - November 10 2023

4.

Fantasy of Lights Minutes - September 19 2023

5.

Police Services Board Minutes - September 23 2023

6.

Heritage Advisory Committee Minutes - October 3 2023

7.

Committee of Adjustment Minutes - October 17 2023

R.

CORRESPONDENCE

1.

City of Cambridge - Support for Bill 21, Fixing Long-Term Care Amendment Act

S.

NOTICES OF MOTION

T.

UNFINISHED BUSINESS AND ANNOUNCEMENTS

1.

Kingsville letter to Town of Essex Council RE ELK Energy

U.

BYLAWS

That By-laws 70-2023, 73-2023 and 75-2023 be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

1.

By-law 70-2023

(Housekeeping By-law)

Being a By-law to provide for drainage works for South Malden Drain initiated by the Town of Essex where the ratepayers are affected in the Town of Kingsville in the County of Essex

2.

By-law 73-2023

(Housekeeping By-law)

Being a By-Law to Appoint a Deputy Clerk, Deputy Division Registrar and Deputy Issuer of Marriage Licences for The Corporation of the Town of Kingsville

3.

By-law 75-2023

Being a By-law to confirm the proceedings of the Council of the Corporation of the Town of Kingsville at its November 10 and 27, 2023 Meeting of Council

V.

CLOSED SESSION

Pursuant to section 239(2) of the Municipal Act, 2001, Council will enter into Closed Session to address the following items:

Item I - Cyber Security Update - Section 239(2)(a) - Security of the property of the municipality or local board

Item II - Fire Department Update - Section 239(2)(d) - Labour relations and employee negotiations

Item III - Litigation Settlement - Section 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose

W.

ADJOURNMENT

• Recommended Action

  That Council adjourns this Regular Meeting at  p.m.