REGULAR MEETING OF COUNCIL
AGENDA

Monday, November 28, 2022 at 6:00 P.m. - 10:00 P.m.

Council Chambers

2021 Division Road N

Kingsville, Ontario N9Y 2Y9

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A.

CALL TO ORDER

Council has returned to in-person meetings. Members of the public can continue to view the meeting via livestream at www.kingsville.ca/livestream.

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 like to acknowledge other nearby First Nations Communities and First Nations across Turtle Island.

C.

MOMENT OF SILENT REFLECTION AND NATIONAL ANTHEM

D.

AMENDMENTS TO THE AGENDA

E.

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.

F.

DELEGATIONS

G.

MATTERS SUBJECT TO NOTICE

1.

Application for Zoning By-law Amendment by Peter and Aganetha Penner; 1722 Union Avenue Con 1, E.D., Pt lot 9

i) Report of G. Robinson, Manager of Planning, dated November 28, 2022;

ii) Proposed By-law 65-2022, being a by-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville;

iii) Notice of Public Meeting and Intention to Pass an Amending By-law dated October 31, 2022.

• Recommended Action
  1. That Zoning By-law amendment application ZBA/15/2022 to amend the zoning on the subject parcels from Residential Zone 2 Rural/Urban, “R2.2” to a site-specific Residential Zone 2 Rural/Urban Exception 4, “R2.2-4” to add a contractor’s shop and yard as an additional permitted use BE APPROVED; and,

  2. By-law 65-2022 being a by-law to amend By-law No. 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

2.

Application for Consent to Sever and Zoning By-law Amendment by Daniel and Nina Lavin, 292 County Road 27 West, Con 7, Pt. Lot 3

i) Report of G. Robinson, Manager of Planning, dated November 28, 2022;

ii) Proposed By-law 66-2022, being a by-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville;

iii) Notice of Public Meeting of Council dated October 31, 2022.

• Recommended Action

  1. That consent application B/29/22 to sever an existing dwelling, deemed surplus to the needs of the applicants’ farming operation on a 0.99 ha (2.47 ac.) lot shown as Parts 2 and 4 on the applicants’ sketch, known as 292 County Road 27 West, in the Town of Kingsville, and establish easements over Parts 2 and 3 on the applicants’ sketch, BE APPROVED, subject to the following conditions:

  a) That a reference plan be deposited in the registry office, both an electronic and paper copy of the registered plan is to be provided to the Town.

  b) That any special assessment imposed pursuant to the provisions of the Local Improvement Act and/or Municipal Act be paid in full along with all municipal taxes.

  c) That any necessary drainage apportionments be undertaken.

  d) That as a result of the severance, owners shall become liable by way of up front monies for the assessment and taxation of their properties for any waterworks or sanitary sewer systems affecting their properties, in accordance with the Fees By-law in effect on the date of certification of the deed.

  e) The zoning of the retained parcel be amended to prohibit future dwellings prior to certification (ZBA-2022-16).

  f) That the applicant provide confirmation to the satisfaction of the Town the location of any existing septic systems in relation to the revised lot line locations.

  g) That the necessary deed(s), transfer or changes be submitted in triplicate, signed and fully executed (no photocopies), including a copy of the reference plan, prior to certification.

  h) That an access easement be registered over Parts 2 and 3 on the applicant’s sketch for mutual shared access to County Road 27 for both the severed and retained parcels.

  i) The conditions imposed above shall be fulfilled by November 28, 2024 or this application shall be deemed to be refused in accordance with Section 53(41) of the Planning Act.

  2. By-law 66-2022 being a by-law to amend By-law No. 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

3.

Application for Zoning By-law Amendment by Daniel, Michael and Yvonne Dobrich, 31 Pearl Street West, Plan 184/185 Lot 5 Pt Lots 4 and 6, RP 12R-28630 Parts 3 and 4

i) Report of G. Robinson, Manager of Planning, dated November 28, 2022;

ii) Proposed By-law 67-2022, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville;

iii) Notice of Public Meeting and Notice of an Intention to Pass an Amending By-law dated October 31, 2022.

• Recommended Action
  1. That the zoning by-law amendment application ZBA-2022-17 to amend the exemption for the subject parcels, Plan 184/185 Lot 5 Pt Lots 4 and 6, RP 12R-28630 Parts 3 and 4, in the Town of Kingsville, from ‘Residential Zone 2 Urban Exception 11 (R2.1-11)’; to permit Single Detached and Duplex Dwellings BE APPROVED with the following:
     1. Reduction of the required lot area minimum from 600 m2 (6,460 ft2.) to 400 m2 m (4,305 ft2);
     2. Reduction of the required lot frontage from 15 m (50 ft.) to 10.5 m (35 ft.);
     3. Reduction of the required front yard depth from 5.5 m (18 ft.) to 4.5 m (15 ft.);
     4. Reduction of the required interior side yard setback from 1.5 m (5 ft.) to 1.2 m (3.9 ft.) on one side, and 3.0 m (9.84 ft.) on the other;
     5. Maximum driveway entrance width of 3.0 m (9.84 ft.); and,

  2. By-law 67-2022 being a by-law to amend By-law No. 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

4.

Application for Zoning By-law Amendment and Consent by Lloyd and Catherine Ferguson 145 Marsh Side Road, CON 7 PT LOT 3 RP 12R3038 PT of Part 1

i) Report of G. Robinson, Manager of Planning dated November 28, 2022;

ii) Proposed By-law 68-2022, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville;

iii) Notice of Public Meeting of Council dated November 8, 2022.

• Recommended Action

  1. That consent application B/18/22 to sever an existing dwelling, deemed surplus to the needs of the applicants’ farming operation on a 0.79 ha (1.973 ac.) lot shown as Part 1 on the applicants’ sketch, known as 145 Marsh Side Road, in the Town of Kingsville, BE APPROVED, subject to the following conditions:

  a) That a reference plan be deposited in the registry office, both an electronic and paper copy of the registered plan is to be provided to the Town.

  b) That any special assessment imposed pursuant to the provisions of the Local Improvement Act and/or Municipal Act be paid in full along with all municipal taxes.

  c) That any necessary drainage apportionments be undertaken.

  d) That as a result of the severance, owners shall become liable by way of up front monies for the assessment and taxation of their properties for any waterworks or sanitary sewer systems affecting their properties, in accordance with the Fees By-law in effect on the date of certification of the deed.

  e) The zoning of the retained parcel be amended to prohibit future dwellings prior to certification (ZBA-2022-18).

  f) That the applicant provide confirmation to the satisfaction of the Town the location of any existing septic systems in relation to the revised lot line locations.

  g) That the necessary deed(s), transfer or changes be submitted in triplicate, signed and fully executed (no photocopies), including a copy of the reference plan, prior to certification.

  h) The conditions imposed above shall be fulfilled by November 28, 2024 or this application shall be deemed to be refused in accordance with Section 53(41) of the Planning Act.

  2. By-law 68-2022 being a by-law to amend By-law No. 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

   

H.

REPORTS - COMMITTEES

No reports at this time.

I.

REPORTS - COMMUNITY AND DEVELOPMENT SERVICES

1.

POC-02-22 - Exception for requirement for a Plan of Condo for 190 Main Street E

• Recommended Action
  1. That an exemption from Plan of Condominium by the County of Essex for the buildings located at 190 Main Street E., Part of Lot 2, Concession 1 ED, Parts 1 & 2, RP 12R 26799, BE SUPPORTED by Town of Kingsville Council without conditions.

2.

Investment in Canada Infrastructure Program (ICIP) Update and Approval of Tender for Repko Dog Park

• Recommended Action
  1. That the award of the tender for the new Repko Dog Park to Quinlan Inc. for $194,190.00 plus applicable taxes BE APPROVED.

3.

Amendment to the Park Curfew by-law – Lions Park

• Recommended Action
  1. That By-law 50-2022, being a By-law to amend By-law 127-2004, to establish a defined curfew between 6:00 pm to 8:00 am during the months of November, December, January, February, March and April; and between 9:00 pm to 6:00 am during the months of May, June, July, August, September and October be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

J.

REPORTS - FINANCIAL SERVICES AND INFORMATION TECHNOLOGY

No reports at this time.

K.

REPORTS - FIRE SERVICES

No reports at this time.

L.

REPORTS - INFRASTRUCTURE AND ENGINEERING

No reports at this time.

M.

REPORTS - LEGAL AND BUILDING SERVICES

No reports at this time.

N.

REPORTS - CAO's OFFICE

1.

BIA Sound System – Speakers in Kingsville Downtown Core

• Recommended Action
  1. That the proposal from the Kingsville Business Improvement Area (BIA) to install an outdoor speaker system in the downtown core, at cost to the BIA, BE APPROVED;

  2. That Administration BE APPROVED to support this project as follows:
     • $2,500 (approximately) in staff time for consultation and set up of the online system including ensuring security, internet capability, hardware equipment competency, and programming software concerns;

     • $1,500 (estimate) in staff time per year of IT services to ensure updates in core program and security for the life of the program.

2.

Customer Service Review Update

• Recommended Action

   

  1. That the following customer service standards BE ADOPTED:
     1. We will treat you in a professional and respectful manner.
     2. We will treat you fairly while complying with all our policies, by-laws and regulations.
     3. We will provide service in a responsible, efficient and timely manner.
     4. We will acknowledge initial receipt of your correspondence within two business days.
     5. We will ensure our services are accessible for all of our customers.
     6. We will identify ourselves to you by using our first name and position title (where applicable);
  2. That the following implementation plan for providing better customer service to residents BE ADOPTED:
     1. That the primary source for intake of service requests be a new email address or the Town’s phone line at 519-733-2305;
     2. That every department utilize a tracking system for service requests and work orders;
     3. That customers be provided with a tracking number that corresponds to the request;
     4. That service requests be responded to by staff based on whether the request is (i) an emergency or matters affecting safety of persons and property or (ii) the order in which the request is received. Staff shall not prioritize requests based on “who” is making the request; and
     5. That a new Customer Service position be included for consideration in the 2023 budget, to assist with communication directly to residents and to assist departments with tracking and prioritization of customer requests; and,
  3. That Administration BE DIRECTED to contract call centre services for after-hours support, following our purchasing by-law.

O.

CONSENT AGENDA

1.

Regular Meeting of Council Minutes--November 14, 2022

2.

Prince Edward County--Correspondence re: More Homes Built Faster Act (Bill 23)

3.

Kingsville BIA Minutes--October 12, 2022

P.

NOTICES OF MOTION

Q.

UNFINISHED BUSINESS AND ANNOUNCEMENTS

R.

BYLAWS

That By-law 69-2022 be read a first, second and third and final time and finally passed and that the Mayor and Clerk BE AUTHORIZED to sign same.

1.

By-law 69-2022

Being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its November 28, 2022  Regular Meeting

S.

ADJOURNMENT