THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
COUNCIL AGENDA

Wednesday, September 27, 2023

5:00 P.m. - 8:00 P.m.

Council Chambers, Municipal Administration Centre

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1.

Call to Order/Roll Call

The Regular Meeting of the Council of The Corporation of the Municipality of Kincardine will be called to Order at 5:00 p.m. on September 27, 2023, in the Council Chambers at the Municipal Administration Centre.

1.1

Land Acknowledgment Statement

Councillor Kennedy will open the meeting with the Land Acknowledgment Statement.

2.

Amendments, Additions or Deletions To/From the Agenda

3.

Disclosure of Pecuniary Interest and the General Nature Thereof

Link to Pecuniary Interest Form

4.

Adoption of Minutes from Regular and Special Meetings of Council 

• Motion #

  That the minutes of the Council meeting held on September 13, 2023 be adopted as printed.

5.

Unfinished Business

6.

Matters for Public Participation

6.1

Public Meeting

a.

Applicant: Brian Gamble - 541 Concession 2

Planning Report: Z-2022-134

The Planner will explain the report and recommendation. Any comments received from Agencies and the Public received by the time of writing the report are in the written report.

Presentations from the Applicant

The applicant may provide comment on the application.

Presentations from the Public

Any person or public body that has comments on the application will be heard.

Questions and Clarifications from Council The Members of Council may question and make clarification on the application. No decision is rendered at this time. Council will consider the application at their regular meeting.

• Motion #

  That Zoning By-law Amendment Z-2022-134 for lands described as 541 Concession 2, being CON 2 PT LOT 22 RP 3R535 PT; PART 1 Municipality of Kincardine (Bruce Township) to permit an Additional Dwelling Unit (ADU) within the existing main dwelling be approved;

  That the detached additional dwelling unit (ADU) not be approved for the following reasons:

  1)    Does not meet the Minimum Distance Separation (MDS I) requirement,
  2)    Could potentially impact livestock operations on the adjacent farm property,
  3)    Does not conform to the Bruce County Official Plan.

  And that the by-law be adopted.

6.2

Delegations and Presentations

7.

Matters for Discussion and Direction

7.1

Staff Reports

a.

2024 Budget Report, Financial Services-2023-23

In accordance with Budget Policy FIN.02, this Budget Plan Report is intended to provide preliminary budget information for Council’s awareness and to lay out the key factors, assumptions and estimates that may impact the 2024 budget. The report also requests Council’s approval to develop the draft 2024 operating budget using an economic wage increase of 3.3%, which represents the 12-month July CPI as per Policy HR.03.

This report also provides the 2024 Budget Survey results received from 241 respondents that participated in the survey.

• Motion #

  That Council receive the 2024 Budget Plan Report for information; and

  Further that Council approve the 2024 wage increase using the 12-month July CPI of 3.3% as per Compensation & Benefits Policy HR.03 and the 2024 budget be drafted to incorporate this economic increase accordingly.

b.

Award Payroll RFP, Financial Services-2023-25

The Financial Services division identified the need to improve the current method of time reporting and payroll processing in the 2023 budget. The payroll system has been the same since 2003 and requires updates. Timesheets are an incredibly manual process and with the implementation of an online system, time and attendance can be properly tracked. A request for proposal (RFP) was issued in June 2023 and staff are recommending to award the project to the highest ranking bidder, UKG.

Once implemented, a new payroll system will reduce the overall time required for completing and approving timesheets, and will improve reporting and decision making.

• Motion #

  That Council accept the recommendation to award a contract to UKG with a total value of $211,850.00 for a time and attendance and payroll system.

c.

Council Remuneration & Expense Policy, Financial Services-2023-24

The purpose of this report is to provide Council with an updated Council Remuneration and Expense Policy that aligns with the Municipality’s existing policies, including the HR.03 Compensation and Benefits Policy. This policy stipulates that Council will receive an annual salary increase at the same Cost of Living rate as approved for municipal employees through the annual budget process.

• Motion #

  That Council adopts the draft Council Remuneration and Expense Policy as presented or with amendments; and

  Further that once the new policy is adopted, Council repeals the former policy GG.1.9 Remuneration, Council & Others

d.

Review of Advisory Committees of Council and Recommended Ad-Hoc Committees, Legislative Services-2023-22

This report is to provide Council with an overview of the statutory committees of Council and working groups that currently exist in the Municipality and to provide a recommendation for ad-hoc committees based on what will advance the Strategic Objectives of the Integrated Strategy 2.0.

• Motion #

  That Staff be directed to bring back a report and terms of reference for the Strategic Plan Ad-Hoc Committee.

e.

Saugeen Valley Conservation Authority Category 3 Apportioning Agreement, CAO General-2023-21

Staff are recommending that Council approve the Draft Cost Apportioning Agreement for Category 3 programs and services between Saugeen Valley Conservation Authority and the Municipality of Kincardine. Under section 21.2.1 of the Conservation Act, programs and services characterized as Category 3 require cost apportioning agreements with participating municipalities where financing (i.e. cost apportionment) is required by a participating municipality. The proposed agreement is for a five-year period with a renewal term of an additional five years. Category 3 programs and services requiring apportionment include: Service Area 1-Water Quality Program as well as Service Area 2- Public Awareness and Communications for Non-Mandatory Programs and Services.

• Motion #

  That Council approve the Saugeen Valley Conservation Authority’s Draft Cost Apportioning Agreement with the Municipality of Kincardine for Category 3 programs and services as per Report CAO General-2023-21.

f.

Municipality of Kincardine Emergency Response Plan, Emergency Services-2023-03

The existing municipal Emergency Response Plan was created in 1995. In 2006 it was revised to align with the provincial emergency management program structure. It again received minor revisions in 2016 and 2018. In 2022 staff identified the need to revise the plan to reflect changes in legislation, incident management command structures, and the Ministry that is responsible for emergency management in the province.

• Motion #

  That the Council of the Municipality of Kincardine pass a by-law to adopt the 2023 Draft Municipality of Kincardine Emergency Response Plan as presented.

7.2

Addendum Items

8.

Matters for Decision

8.1

Notice of Motion - Prior to the Meeting

8.2

Notice of Motion - At the Meeting

8.3

Motions

a.

Municipal Act Sec. 357 and Sec. 358 Applications - Cancellation or Reduction in Property Taxes

Individuals making applications under Municipal Act S. 357 and S. 358 may make representation to Council and are to be afforded the opportunity to do so at this meeting.

• Motion #

  Whereas S.357 and S.358 of the Municipal Act provides a process for property owners to apply for a cancellation, reduction and refund of taxes under specific circumstances including but not limited to a change in the use of a property, demolition or fire, the property being substantially unusable for a period of at least 3 months or a gross and manifest error in the preparation of the assessment roll; and

  Whereas in the opinion of staff, the 8 write-offs (Appeal No. 2023-01 to 2023-05,and 2023-07 to 2023-09) meet the criteria set out in the Municipal Act; and

  Whereas the total of the applications amount to $10,034.17, with the municipal share being $5,691.12; now therefore be it

  Resolved that Council approve the applications as provided.

b.

Community Investment Grant Application

• Motion #

  Whereas Policy LS.01 Community Investment Grant Policy sets out that requests for support for new projects only may be considered outside of the standard intake processes with applications to be submitted for review by the Community Investment Grant Evaluation Team who will make a recommendation to Council; and

  Whereas the Tiverton and District Lions Club has submitted a 2023 Community Investment Grant applications; and

  Whereas funds remain in the Community Investment Grant budget; and

  Whereas the Evaluation Team has review the application and recommended a grant of $1,000 to be approved; now therefore be it

  Resolved That Council approve a 2023 Community Investment Grant of $1,000 to the Tiverton and District Lions Club.

8.4

Consideration of By-laws

a.

By-law Enforcement (James Special Services Inc.) Amendment (1) By-law

Municipality of Kincardine entered into an Agreement with James Special Services Inc. in 2021, for the Provision of By-law Enforcement for the Municipality of Kincardine.  James Special Services Inc. has changed their company name to Municipal Support Services Inc., therefore an amendment to the By-law and Agreement is required.  The contract and the level of services will remain the same.  

• Motion #

  That the “By-law Enforcement (James Special Services Inc.) Amendment (1) By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2023 - 

b.

Merlin Simex Professional Counseling Associates Agreement (2023) By-law

Staff are recommending a 2 year Lease Agreement with Merlin Simex Professional Counseling Associates and the Municipality of Kincardine, for the rental of office space on the 2nd floor at the Municipal Administration Centre.

• Motion #

  That the “Merlin Simex Professional Counseling Associates Agreement (2023) By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2023 - 

c.

Motion to Pass By-laws

• Motion #

  That the following By-laws are hereby read a first, second and third time and finally passed this 27th day of September, 2023:

  1.  Amendment to Zoning By-law 2003 25, [541 Concession 2, Bruce Township (Gamble)] By-law 2023 - 

  2.  Award Tender #TF2023-01 By-law 2023 - 

  3.  Council Remuneration and Expense Policy By-law 2023 -

  4.  Saugeen Valley Conservation Authority Agreement (2023) By-law 2023 -  ; and

  5.  Emergency Response Plan (2023) By-law 2023 - .

9.

Matters for Information

9.1

Consent Agenda

Items listed under the Consent Agenda are considered routine and are enacted in one motion as a Matter Arising. The exception to this rule is that a Council member or the Chief Administrative Officer may request one or more items to be removed from the consent agenda for separate discussion and action.

a.

Administrative Motions

a.

Stephanie Tschirhart resignation from BIA

That Council accepts, with regret, the resignation of Stephanie Tschirhart from the BIA; and 

Further that Council extend its best wishes to Stephanie Tschirhart in all her future endeavors; and

Further that this seat be declared vacant.

b.

Statistical and Information Reports

a.

Trail Blazers Volunteer Program, Recreation and Community Programs-2023-13

The Municipality is looking for individuals that frequently use sections of our trails to volunteer to be Trail Blazers when they are out walking, hiking or biking. The role of the Trail Blazer volunteers are to identify any hazards or concerns on the trails and report them back to the Community Services department for evaluation and action where required. The presence of these volunteers will greatly enhance the quality and safety of our trails.

c.

Minutes of Committees and Boards

a.

Accessibility Advisory Committee - June 22, 2023

b.

Heritage Kincardine - May 30, 2023

c.

BASWR, June 15, 2023

d.

South Bruce Safe Communities, September 12, 2023

d.

Communications

a.

Association of Municipalities of Ontario

a.

Watchfile, September 7, 2023

Link to newsletter

b.

Watchfile, September 14, 2023

Link to newsletter

b.

Ministry of Municipal Affairs and Housing - Responding to the Housing Affordability Task Force's Recommendation

This is for information only. Recommendations will be brought forward to the October 11, 2023 meeting for Council’s consideration.

c.

Tessa Gerlin - Tidman Subdivision

Note: Personal information has been removed for Privacy reasons. 

d.

Gordon and Lucia Vala-Webb - Municipal Accommodation Tax Implementation Plan 2023

e.

Ontario Provincial Police - Distribution of Police Record Check Revenue to Municipalities

f.

National Chronic Pain Society - Opioid Crisis in Our Communities and Municipalities

g.

Community Living Kincardine and District September 2023 Newsletter

Link to newsletter

h.

Motions other Municipalities

a.

Municipality of Arran-Elderslie - OMAFRA Tile Drainage Motion

b.

Municipality of Shuniah - Chronic Pain Treatments

c.

Municipality of Wawa - Northern Institute of Chronic Pain

d.

Town of Bracebridge - MFIPPA Review Request

e.

Town of Grimsby - Guaranteed Livable Income

f.

Township of Puslinch - Changes and Updates to MFIPPA

g.

Township of Puslinch - Municipal Code of Conduct

e.

Acceptance of Consent Agenda

• Motion #

  That Council approve the recommendations contained in the consent agenda dated September 27, 2023 and direct staff to proceed with all necessary administrative actions.

9.2

Members of Council General Announcements

9.3

Chief Administrative Officer Announcements

10.

Closed Session

• Motion #

  That Council move into closed meeting pursuant to Section 239 (2) of the Municipal Act, 2001, as amended for: 

  1. Approve Closed Session Minutes dated August 14, 2023; and

  2. The purpose of considering labour relations or employee negotiations (Fire Department Negotiations); and

  3. The purpose of considering a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on or to be carried on by or on behalf of the Municipality or Local Board and advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Bruce Telecom); and

  Further that Council return to regular open meeting upon completion.

10.1

Matters Arising from Closed Session

11.

Confirmatory By-law

• Motion #

  That the By-law to confirm the proceedings of the Council of The Corporation of the Municipality of Kincardine of September 27, 2023 be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2023 -

12.

Adjournment

• Motion #

  THAT this Council adjourn at ______ p.m.