Regular Meeting of Council

Minutes

Monday, November 25, 2024

6:00 P.m. - 10:00 P.m.

Unico Community Centre

37 Beech Street

Kingsville, ON N9Y 1A9

Present

• Mayor Dennis Rogers
• Deputy Mayor Kimberly DeYong
• Councillor Tony Gaffan
• Councillor Debby Jarvis-Chausse
• Councillor Sheri Lowrie
• Councillor Thomas Neufeld
• Councillor Larry Patterson

Staff Present

• CAO, John Norton
• Acting Clerk, Angela Toole
• Deputy Clerk, Natalie Sharp

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A.

Call to Order

Mayor Rogers called the Regular Meeting to order at 5:06 p.m. and Council immediately moved into Closed Session.

B.

Closed Session

• 229-11252024
  Moved By: Councillor Patterson
  Seconded By: Councillor Neufeld

  That Council ENTER into Closed Session at 5:06 p.m. pursuant to Section 239 of the Municipal Act, 2001, to discuss the following items:

  Item I - Update on Development Matter to be 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.

  Item II - Update Legal Matter Related to User Group to be 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.

  
  
  
  Carried

C.

Land Acknowledgement

Mayor Rogers acknowledged 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

Mayor Rogers thanked the Fantasy of Lights Committee, volunteers, Town staff, and generous sponsor, S K Cornerstone Group Inc., for a great Fantasy of Lights kickoff and parade. The event was very successful, with great attendance.

Mayor Rogers announced that the Town's 2025 Draft Budget has been released. Residents were encouraged to send in their questions or feedback to haveyoursaykingsville.ca or reach out to Council at [email protected]. Budget deliberations are scheduled to begin on December 4, 2024.

Mayor Rogers stated that Council recently attended the Kingsville Fire and Rescue Annual Recognition Dinner. Medals and service ribbons were awarded to several officers and firefighters in recognition of their dedicated service.

On behalf of the Town of Kingsville, Mayor Rogers extended heartfelt condolences to the Deputy Mayor and the DeYong family on the loss of Henry DeYong. Henry served as Mayor and Reeve of Gosfield South prior to amalgamation and a Firefighter for nearly a decade. He was a local business owner, hockey coach and a devoted family man. Henry made a positive impact on our community, and gratitude was expressed for his contributions.

F.

Amendments to the Agenda

A. Toole, Acting Clerk, stated that Administration has withdrawn staff report L.3. regarding the Power of Entry By-law from the agenda. 

G.

Disclosure of Pecuniary Interest

Mayor Rogers reminded Council that any declaration is to be made prior to each item being discussed and to identify the nature of the conflict, if any, as the agenda items come forward.

H.

Report out of Closed Session

Pursuant to Section 239 of the Municipal Act, 2001, Council entered into Closed Session at 8:47 p.m. on November 18, 2024, to discuss the following items: 

Item I - Lions Hall 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.

Item II - Non-Union Compensation Review heard under 239(2)(d) being labour relations or employee negotiations and 239(2)(b) being personal matters about an identifiable individual, including municipal employees. There is nothing further to report.

I.

Delegations

Rick Stephenson, President of Kingsville Tennis Association, appeared before Council to request the removal of tennis fees from the proposed 2025 Fees and Charges By-law.

J.

Presentations

1.

Arts Society of Kingsville

Wendy Durante, Chair of the Arts Society of Kingsville, appeared before Council to thank the Town for their support and provided an update on the organization's activities and future plans.

K.

Matters Subject to Notice

1.

1478 Road 2 East and part of 0 Road 2 East (Vacant lot) Draft Plan of Subdivision (SUB-2022-02) – Mivita Estates County of Essex File No.: 37-T- 24002

2.

1478 Road 2 East and part of 0 Road 2 East (Vacant lot) – Mivita Estates Subdivision Zoning By-law Amendment (ZBA-2024-19) and Consent Application (B-2024-27)

• 230-11252024
  Moved By: Deputy Mayor DeYong
  Seconded By: Councillor Lowrie

  That Items K.1 and K.2 being reports regarding 1478 Road 2 East and Part of 0 Road 2 East (Vacant Lot) containing the proposed Draft Plan of Subdivision, the corresponding Consent Application (B-2024-27), and Zoning By-law Amendment (ZBA-2024-19) for Mivita Estates BE REFERRED back to Administration for additional information including, information regarding sewer capacity.

  
  

  For (7)

  Councillor Gaffan, Councillor Neufeld, Councillor Patterson, Deputy Mayor DeYong, Mayor Rogers, Councillor Jarvis-Chausse, and Councillor Lowrie

  
  
  
  Carried (7 to 0)

L.

Reports - Finance and Corporate Services

1.

2025 Fees and Charges By-law

• 231-11252024
  Moved By: Deputy Mayor DeYong
  Seconded By: Councillor Jarvis-Chausse

  That the proposed Meter Transponder Replacement Fee listed in Schedule A of the proposed 2025 Fees and Charges By-law, be charged upon the second occurrence.

  
  

  For (6)	Councillor Gaffan, Councillor Neufeld, Deputy Mayor DeYong, Mayor Rogers, Councillor Jarvis-Chausse, and Councillor Lowrie
  Against (1)	Councillor Patterson

  
  
  
  Carried (6 to 1)
• 232-11252024
  Moved By: Councillor Patterson
  Seconded By: Deputy Mayor DeYong

  That any fees related to Tennis as listed in Schedule A of By-law 89-2024, BE REFERRED to Administration for additional information, subject to discussions with Kingsville Tennis Association;

  And that Council APPROVE the proposed 2025 Fees and Charges, as amended;

  And that corresponding By-law 89-2024, as amended, being a By-law to impose Fees and Charges by The Corporation of the Town of Kingsville BE ADOPTED during the By-law stage of this Council Agenda.

  
  

  For (7)

  Councillor Gaffan, Councillor Neufeld, Councillor Patterson, Deputy Mayor DeYong, Mayor Rogers, Councillor Jarvis-Chausse, and Councillor Lowrie

  
  
  
  Carried (7 to 0)
• 233-11252024
  Moved By: Deputy Mayor DeYong
  Seconded By: Councillor Jarvis-Chausse

  That Council RECESS at 7:49 p.m.

  
  
  
  Carried
• 234-11252024
  Moved By: Councillor Patterson
  Seconded By: Councillor Gaffan

  That Council RESUME at 7:57 p.m.

  
  
  
  Carried

2.

2025 Water and Sewer Rates

• 235-11252024
  Moved By: Councillor Neufeld
  Seconded By: Councillor Patterson

  That Council APPROVE the proposed 2025 Water and Sewage Rates;

  And that corresponding By-law 90-2024, being a By-law to impose water and sewage rates BE ADOPTED during the By-law stage of this Council Agenda.

  
  

  For (7)

  Councillor Gaffan, Councillor Neufeld, Councillor Patterson, Deputy Mayor DeYong, Mayor Rogers, Councillor Jarvis-Chausse, and Councillor Lowrie

  
  
  
  Carried (7 to 0)

3.

Development Charges By-law Update – Amendments as per Bill 185

• 236-11252024
  Moved By: Councillor Jarvis-Chausse
  Seconded By: Councillor Lowrie

  That By-law 4-2023, being a By-law to establish Development Charges for the Town of Kingsville BE AMENDED to:

  1. Include the cost of growth-related studies identified in section 3.1.2 of the attached memorandum dated October 21, 2024; and,
  2. Repeal the phase-in requirements that are no longer mandatory;

  And that corresponding By-law 91-2024, being a By-law to amend By-law 4-2023, BE ADOPTED during the By-law stage of this Council Agenda. 

  
  

  For (7)

  Councillor Gaffan, Councillor Neufeld, Councillor Patterson, Deputy Mayor DeYong, Mayor Rogers, Councillor Jarvis-Chausse, and Councillor Lowrie

  
  
  
  Carried (7 to 0)

4.

Management Agreement with Fisheries and Oceans Canada for the Small Craft Harbours’ Facility at Cedar Beach

• 237-11252024
  Moved By: Councillor Patterson
  Seconded By: Councillor Gaffan

  That the Mayor and Clerk BE AUTHORIZED to enter into Management Agreement OP-4555-H-2401 with His Majesty the King, in right of Canada, represented by the Minister of Fisheries and Oceans;

  And that By-law 95-2024 being a By-law to repeal By-law 122-2017 which is a By-law authorizing the entering into of a Management Agreement CA-4555-H-1710 with Her Majesty the Queen, in right of Canada, represented by the Minister of Fisheries and Oceans (the Small Craft Harbours’ Facility at Cedar Beach, Ontario), BE APPROVED during the By-law stage of this Council Agenda.

  
  

  For (7)

  Councillor Gaffan, Councillor Neufeld, Councillor Patterson, Deputy Mayor DeYong, Mayor Rogers, Councillor Jarvis-Chausse, and Councillor Lowrie

  
  
  
  Carried (7 to 0)

M.

Reports - Fire Rescue Services

1.

Community Risk Assessment

• 238-11252024
  Moved By: Councillor Patterson
  Seconded By: Councillor Jarvis-Chausse

  That the Community Risk Assessment BE ENDORSED, as presented;

  And that Council DIRECT the Fire Chief to submit the Kingsville Fire & Rescue’s 2024 Community Risk Assessment to the Office of the Fire Marshal in accordance with Ontario Regulation 378/18 of the Fire Protection and Prevention Act, 1997.

  
  

  For (7)

  Councillor Gaffan, Councillor Neufeld, Councillor Patterson, Deputy Mayor DeYong, Mayor Rogers, Councillor Jarvis-Chausse, and Councillor Lowrie

  
  
  
  Carried (7 to 0)

N.

Consent Agenda

1.

Communities in Bloom Committee Minutes - September 3, 2024

2.

Heritage Advisory Committee Minutes - October 1, 2024

3.

BIA Minutes - October 8, 2024

4.

Committee of Adjustment & Appeals Minutes - October 15, 2024

5.

Regular Council Meeting Minutes - October 28, 2024

6.

Regular Council Meeting Minutes - November 4, 2024

7.

Committee of the Whole Minutes - November 18, 2024

• 239-11252024
  Moved By: Councillor Patterson
  Seconded By: Councillor Lowrie

  That Items 2 through 7 on the Consent Agenda, BE RECEIVED.

  
  
  
  Carried

O.

Correspondence

None.

P.

Notices of Motion

None.

Q.

Unfinished Business and Announcements

None.

R.

By-laws

• 240-11252024
  Moved By: Deputy Mayor DeYong
  Seconded By: Councillor Patterson

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

  88-2024 - A By-law to amend By-law 2-2021 being a By-law to establish and regulate a Fire Department for the Town of Kingsville;

  89-2024 - A By-law to impose fees and charges by The Corporation of the Town of Kingsville;

  90-2024 - A By-law to impose water and sewage rates;

  91-2024 - A By-law to amend By-law 4-2023 being a By-law to establish development charges for the Town of Kingsville;

  93-2024 - A By-law to amend By-law 72-2024, being a by-law to establish procedures governing the standards for the maintenance and occupancy of property within the municipality;

  94-2024 - A By-law to adopt an Emergency Management Program and Emergency Response Plan and to meet other requirements under the Emergency Management and Civil Protection Act;

  95-2024 - A By-law to Repeal By-law 122-2017, a By-law authorizing the entering into of a Management Agreement CA-4555-H-1710 with Her Majesty the Queen, in right of Canada, represented by the Minister of Fisheries and Oceans (the Small Craft Harbours’ Facility at Cedar Beach, Ontario)

  97-2024 - A By-law to confirm the proceedings of the Council of the Corporation of the Town of Kingsville at its November 25, 2024 Regular Meeting of Council 

  
  
  
  Carried

S.

Adjournment

• 241-11252024
  Moved By: Councillor Gaffan
  Seconded By: Councillor Jarvis-Chausse

  That Council adjourns this Regular Meeting at 8:28 p.m.

  
  
  
  Carried