Regular Meeting of Council

Minutes

Monday, November 04, 2024

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

Unico Community Centre

37 Beech Street

Kingsville, ON N9Y 1A9

Present

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

Members Absent

• Mayor Dennis Rogers

Staff Present

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

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A.

Call to Order

Deputy Mayor DeYong called the Regular Meeting to order at 6:00 p.m.

B.

Land Acknowledgement

Councillor Lowrie 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.

C.

Moment of Silent Reflection and National Anthem

D.

Mayor's Welcome and Remarks

None.

E.

Amendments to the Agenda

None.

F.

Report Out of Closed Session

Pursuant to Section 239 of the Municipal Act, 2001, Council entered into Closed Session at 5:00 p.m. on October 28, 2024, to discuss the following item:

Item I - Appointment to Committee of Adjustment and Appeals heard under Section 239(2)(b) being personal matters about an identifiable individual, including municipal employees. During the Open Session of the October 28, 2024 Regular Meeting, Council appointed Ed Cornies to the Committee of Adjustment & Appeals. The requisite appointment By-law can be found under the By-laws section of this Agenda.

G.

Disclosure of Pecuniary Interest

Deputy Mayor DeYong 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.

Councillor Gaffan declared a conflict on Item K.3. because he is a business owner in the Town.

H.

Delegations

Tamara Stomp, resident, appeared before Council and expressed her concerns about the Short-Term Rental By-law. She spoke to the 300 hundred metre rule, licensing fees, and the number of Short-Term Rentals in the area.

Lorrie Mensch, resident, appeared before Council and thanked staff for their efforts in creating the Short-Term Rental By-law. She inquired about where the public could find information or guidelines on Fire inspection regulations and the timelines for applications.

I.

Presentations

None.

J.

Matters Subject to Notice

None.

K.

Reports - Finance and Corporate Services

1.

Short-Term Rental By-law

Matthew Ducharme, Licensing Coordinator and Sue Rice, Economic Development and Tourism Officer, appeared before Council to present an overview of the Short-Term Rental By-law.

• 213-11042024
  Moved By: Councillor Gaffan
  Seconded By: Councillor Lowrie

  That the licensing fee for owner-occupied Short-Term Rentals where the owner/operator resides on the same property as the Short-Term Rental be set at $250.00 and BE INCLUDED in the Town’s 2025 Fees and Charges By-law.

  
  

  For (5)	Councillor Gaffan, Councillor Patterson, Deputy Mayor DeYong, Councillor Jarvis-Chausse, and Councillor Lowrie
  Against (1)	Councillor Neufeld

  
  
  
  Carried (5 to 1)
• 214-11042024
  Moved By: Councillor Gaffan
  Seconded By: Councillor Jarvis-Chausse

  That the Short-Term Rental Licensing fees be included in the 2025 Fees and Charges By-law and be set as follows: $400 for up to 4 occupants, $750 for up to 6 occupants, $1400 for up to 8 occupants and $1750 for up to 10 occupants and that the fees be reviewed in 1 year.

  
  

  For (4)	Councillor Gaffan, Deputy Mayor DeYong, Councillor Jarvis-Chausse, and Councillor Lowrie
  Against (2)	Councillor Neufeld, and Councillor Patterson

  
  
  
  Carried (4 to 2)
• 215-11042024
  Moved By: Councillor Gaffan
  Seconded By: Councillor Patterson

  That the Short-Term Rental By-law be reviewed in 1 year.

  
  

  For (6)

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

  
  
  
  Carried (6 to 0)
• 216-11042024
  Moved By: Councillor Neufeld
  Seconded By: Councillor Patterson

  That the Short-Term Rental Licensing period be amended to 5 years as opposed to annually.

  
  

  For (1)	Councillor Neufeld
  Against (5)	Councillor Gaffan, Councillor Patterson, Deputy Mayor DeYong, Councillor Jarvis-Chausse, and Councillor Lowrie

  
  
  
  LOST (1 to 5)
• 217-11042024
  Moved By: Councillor Patterson
  Seconded By: Councillor Gaffan

  That Council APPROVE By-law 82-2024, as amended, being a By-law to License, Regulate and Govern Short-Term Rentals in the Town of Kingsville;

  And that the fees noted in this report BE INCLUDED in the Town’s 2025 Fees and Charges By-law, subject to Council's amendments;

  And that Administration BE AUTHORIZED to submit the set fines appended to By-law 82-2024 to the Ministry of the Attorney General for approval;

  And that the corresponding By-law 82-2024, as amended, BE ADOPTED during the By-law stage of this Council Agenda.

  
  

  For (5)	Councillor Gaffan, Councillor Patterson, Deputy Mayor DeYong, Councillor Jarvis-Chausse, and Councillor Lowrie
  Against (1)	Councillor Neufeld

  
  
  
  Carried (5 to 1)

2.

Repeal of Hunting Licensing By-law

• 218-11042024
  Moved By: Councillor Patterson
  Seconded By: Councillor Neufeld

  That Council REPEAL By-law 68-1999, being a By-law to issue and charge fees for licences to hunt during the open season Pheasants and Rabbits;

  And that the fees for a municipal hunting licence for residents and non-residents BE REMOVED from the Town’s 2025 Fees and Charges By-law;

  And that corresponding By-law 81-2024 BE ADOPTED during the By-law stage of this Council Agenda.

  
  

  For (6)

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

  
  
  
  Carried (6 to 0)

3.

Repeal of Business Registration By-law

Councillor Gaffan declared a conflict on this item and abstained from voting.

• 219-11042024
  Moved By: Councillor Patterson
  Seconded By: Councillor Jarvis-Chausse

  That Council REPEAL By-law 129-2004 being a By-law to establish and maintain a registry of businesses in the Town of Kingsville and require businesses to register and maintain their registration in the registry;

  And that the corresponding By-law 83-2024 BE ADOPTED during the By-law stage of this Council Agenda.

  
  

  For (5)	Councillor Neufeld, Councillor Patterson, Deputy Mayor DeYong, Councillor Jarvis-Chausse, and Councillor Lowrie
  Conflict (1)	Councillor Gaffan

  
  
  
  Carried (5 to 0)

4.

Large Holiday Displays Nuisance By-law

• 221-11042024
  Moved By: Councillor Gaffan
  Seconded By: Councillor Lowrie

  That Draft By-law 85-2024 BE AMENDED to extend the hours to 9 p.m. on Fridays and Saturdays, excluding the holidays listed;

  And that the Draft Bylaw be further amended to extend the hours on October 31 from 6 p.m. until 8 p.m. to 5 p.m. until 9 p.m.

  
  

  For (5)	Councillor Gaffan, Councillor Neufeld, Deputy Mayor DeYong, Councillor Jarvis-Chausse, and Councillor Lowrie
  Against (1)	Councillor Patterson

  
  
  
  Carried (5 to 1)
• 222-11042024
  Moved By: Councillor Neufeld
  Seconded By: Councillor Gaffan

  That the Draft By-law be amended to reduce the permitting period from 45 days to 30 days.

  
  

  For (6)

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

  
  
  
  Carried (6 to 0)
• 220-11042024
  Moved By: Councillor Patterson
  Seconded By: Councillor Jarvis-Chausse

  That Council APPROVE By-law 85-2024, as amended being a By-law to Prohibit and Regulate Public Nuisances related to Large Holiday Displays in the Town of Kingsville;

  And that Administration BE AUTHORIZED to submit the set fines appended to By-law 85-2024 to the Ministry of the Attorney General for approval;

  And that corresponding By-law 85-2024 BE ADOPTED during the By-law stage of this Council Agenda.

  
  

  For (6)

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

  
  
  
  Carried (6 to 0)

5.

2025 Regular Meeting of Council Schedule

• 223-11042024
  Moved By: Councillor Patterson
  Seconded By: Councillor Neufeld

  That Council APPROVE the 2025 Regular Council Meeting Schedule as outlined in Appendix A, attached hereto and forming part of this report.

  
  

  For (6)

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

  
  
  
  Carried (6 to 0)

L.

Reports - Public Operations

1.

Kingsville Operational Plan

Erica Allen, Manager of Public Works and Environmental Services, presented the report.

• 224-11042024
  Moved By: Councillor Gaffan
  Seconded By: Councillor Patterson

  That Council ENDORSE the Kingsville Operational Plan, Revision 11, dated August 8, 2024.

  
  

  For (6)

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

  
  
  
  Carried (6 to 0)

M.

Consent Agenda

• 225-11042024
  Moved By: Councillor Lowrie
  Seconded By: Councillor Neufeld

  That Item 1 on the Consent Agenda, BE RECEIVED.

  
  
  
  Carried

1.

Fantasy of Lights Minutes - August 20, 2024

N.

Correspondence

None.

O.

Notices of Motion

None.

P.

Unfinished Business and Announcements

None.

Q.

By-laws

• 226-11042024
  Moved By: Councillor Gaffan
  Seconded By: Councillor Patterson

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

  82-2024 – Being a By-law to License, Regulate and Govern Short-Term Rentals in the Town of Kingsville

  83-2024 – Being a By-law to Repeal By-law 129-2004, a By-law to Establish and Maintain a Registry of Businesses in the Town of Kingsville 

  84-2024 – Being a By-law to Repeal By-law 68-1999, a By-law to Issue and Charge Fees for Licences to Hunt during the Open Season Pheasants and Rabbits

  85-2024 – Being a By-law to Prohibit and Regulate Public Nuisances related to Large Holiday Displays in the Town of Kingsville

  86-2024 – Being a By-law to Appoint a Member to the Committee of Adjustment & Appeals

  87-2024 - Being a By-law to confirm the proceedings of the Council of the Corporation of the Town of Kingsville at its November 4, 2024 Regular Meeting of Council 

  
  
  
  Carried

R.

Closed Session

Deputy Mayor DeYong noted that tonight's closed session is cancelled.

S.

Adjournment

• 228-11042024
  Moved By: Councillor Jarvis-Chausse
  Seconded By: Councillor Neufeld

  That Council adjourns this Regular Meeting at 8:17 p.m.

  
  
  
  Carried