TOWN OF KINGSVILLE
REGULAR MEETING OF COUNCIL
AGENDA

Monday, May 06, 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

For information pertaining to this agenda or to arrange for any additional accessibility

needs please contact the Clerk at

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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 5:15 p.m. on April 22, 2024, to discuss the following items:

Item I - Tender Awards: 2024 Kingsville Urban Road Resurfacing heard under Section 239(2)(f) being advice that is subject to solicitor-client privilege, including communications necessary for that purpose.  There is nothing further to report.

Item II - BLRH Licensing By-law 3-2024 heard under Section 239(2)(f) being advice that is subject to solicitor-client privilege, including communications necessary for that purpose.  There is nothing further to report.

H.

DELEGATIONS

I.

PRESENTATIONS

No Presentations at this time.

J.

MATTERS SUBJECT TO NOTICE

1.

ZBA-2023-2 - Applications for Zoning By-law Amendment by 1000057229 Ontario Inc. - 0 Seacliff Drive

• Recommended Action
  1. That By-law 36-2024 being a by-law to amend the Comprehensive Zoning By-law 1-2014, for the Town of Kingsville be BE APPROVED to amend the zoning for the vacant parcel of land, municipally known as 0 Seacliff Dr. (Part of Lot 4, Concession 1, Eastern Division Town of Kingsville as shown on Appendix A - Location Map), in the following manner:
     1. Amend the zoning on lots 19-26 inclusive, and lots 30-37 inclusive, as shown on the Appendix C - Draft Plan of Subdivision, from “Lakeshore Residential-Holding (LR (h))” to “Lakeshore Residential Exception 36-Holding (LR-36 (h))” to include semi-detached dwellings as an additional permitted use (as shown on Appendix B - Zoning Amendment);

     2. Amend the zoning on Block 64, and the southern portion of the Lots 56 to 59 inclusive (Appendix C - Draft Plan of Subdivision) from “Lakeshore Residential-Holding (LR (h))” to “Environmental Reserve District-Holding (ERD (h))” along the lake to prohibit any improvements or construction (Appendix B – Zoning Amendment);

     3. Amend the zoning on Block 60 and Block 63 (Appendix C - Draft Plan of Subdivision) from “Lakeshore Residential-Holding (LR (h))” to “Public Utilities/Facilities (MG)-Holding (MG (h))” to allow for the placement of the required municipal storm and sanitary sewer infrastructure to service the entire subdivision (Appendix B – Zoning Amendment); and

  2. The Mayor and Clerk BE AUTHORIZED to sign same.

K.

REPORTS - PLANNING AND DEVELOPMENT SERVICES

1.

Kingsville Pro Rodeo

• Recommended Action
  1. That Administration PROVIDE a letter of “Municipal Significance” for the Kingsville Pro Rodeo, to be held at Trimble Farms from July 26 to July 28, 2024, for the purpose of allowing the event to obtain a licence to serve alcohol.

2.

Hogs for Hospice

• Recommended Action
  1. That road closures of Main Street (from Spruce Street to Queen Street) and Division Street (from King Street to Pearl Street) from 10:00 am to 2:00 pm on Saturday, August 3, 2023, for the Hogs for Hospice Registered Ride BE APPROVED.

3.

Notice of Intention to Designate the Pastorius House (12 Main Street East) under the Ontario Heritage Act

• Recommended Action
  1. That the Town Clerk PUBLISH a Notice of Intention to Designate the Pastorius House, at 12 Main Street East, in accordance with Part IV of the Ontario Heritage Act according to the Statement of Cultural Heritage Value or Interest attached in Appendix ‘A’; and,
  2. That Administration PREPARE the necessary By-law for Council to designate the property in accordance with the requirements of the Ontario Heritage Act.

L.

REPORTS - FINANCE AND CORPORATE SERVICES

1.

2024 Final Tax Levy By-Law

• Recommended Action
  1. That By-Law 37-2024 being a By-law for the establishment of the 2024 final tax levy be taken as having been read three times and finally passed; and that the Mayor and Clerk BE AUTHORIZED to sign same.

M.

REPORTS - FIRE RESCUE SERVICES

No Reports at this time.

N.

REPORTS - PUBLIC OPERATIONS

1.

Banar Subdivision Phase 3 Construction

• Recommended Action
  1. That Phase 3 of the Banar Subdivision Watermain Replacement Project Tender BE AWARDED to D’Amore Construction (2000) Ltd. in the amount of $844,000.00 (excluding HST) and the Mayor and Clerk BE AUTHORIZED to execute the requisite agreement.

O.

REPORTS - LEGAL, BUILDING AND BY-LAW SERVICES

No Reports at this time.

P.

REPORTS - CAO's OFFICE

No Reports at this time.

Q.

CONSENT AGENDA

1.

Regular Council Meeting Minutes - April 22, 2024

• Recommended Action

  That Items 1 and 2 on the Consent Agenda, BE RECEIVED.

2.

Migration Festival Minutes - November 27, 2023

R.

CORRESPONDENCE

1.

Correspondence from the City of Sarnia dated January 19, 2024, regarding Carbon Tax

2.

Correspondence from the Municipality of St. Charles dated March 20, 2024, regarding Expanding the Life Span of Fire Apparatus

S.

NOTICES OF MOTION

1.

Regional Organic Waste Collection and Processing Program - Councillor Gaffan

Councillor Gaffan may move or cause to have moved that at this Regular Meeting of Council:

Whereas on March 16, 2022, Essex County Council determined that all lower-tier municipalities shall participate in the regional organic waste collection and processing program;

And whereas County Council has established the level of service associated with such program;

And whereas it is estimated that this service will result in a 4.3% property tax increase for the Town of Kingsville in the first year of the program;

It is moved that Kingsville Council DIRECTS Deputy Mayor DeYong or Mayor Rogers to make a Motion at County Council asking that the County Council agree to fund the cost of the regional organic waste collection and processing program through the County of Essex property tax levy. If changes are required to by-laws and agreements to achieve this result, it is requested that the County of Essex amend these by-laws and agreements as required, such as with EWSWA, City of Windsor, and others.

2.

Short Term Rental Survey Next Steps - Councillor Gaffan

Councillor Gaffan may move or cause to have moved that at this Regular Meeting of Council:

Whereas Administration has been conducting an online Short Term Rental Survey since January 29, 2024;

And Whereas Council has heard directly from many residents about the need for restrictions and controls on Short Term Rentals;

Therefore, Council DIRECTS Administration to close and bring forward the results of the Short Term Rental Survey at the May 13, 2024, Committee of the Whole Meeting for review and discussion.

T.

UNFINISHED BUSINESS AND ANNOUNCEMENTS

U.

BYLAWS

• Recommended Action

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

  By-law 39-2024 being a By-law to provide for the collection of the costs incurred for drainage works completed for numerous drains all in the Town of Kingsville; and,

  By-law 40-2024 being a By-law to confirm the proceedings of the Council of the Corporation of the Town of Kingsville at its May 6, 2024 Regular Meeting of Council.

V.

CLOSED SESSION

• Recommended Action

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

  Item I - Sanitary Sewer Connections to be heard under Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and, a position, plan, procedure, criteria, or instruction to be applied to negotiations; and,

  Item II - Personnel Matter to be heard under Section 239(2)(b) being personal matters about an identifiable individual, including municipal employees.

W.

ADJOURNMENT

• Recommended Action

  That Council adjourns this Regular Meeting at  p.m.