THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
COUNCIL AGENDA

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Council Chambers, Municipal Administration Centre


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 13, 2023, in the Council Chambers at the Municipal Administration Centre.

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

Link to Committee of Adjustment Agenda

  • Motion #

    That Council move into Committee of Adjustment and upon completion return to Council.

Planning Report: Z-2023-040


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. 

  • Motion #

    That Council Approve Zoning By-law Amendment Application Z-2023-040 for Jon Wilken for 1380 Concession 11, Municipality of Kincardine.

The working group has been preparing and advancing the water supply agreement with Bruce Power and have come to a point where all stakeholders are comfortable with the proposed conditions. Appended to the report for Council consideration is the servicing agreement. Bruce Power would be responsible for all costs associated to become a water customer aside from any plant upgrades that are undertaken for future growth purposes by the Municipality. There are off-ramps built into the agreement that allows either party to step back should there be concerns as design and tendering advances following the completion of the environmental assessment. Staff are comfortable with the provisions within the agreement and are asking Council to consider Bruce Power as a water supply customer.

  • Motion #

    That Council direct staff to enter into an agreement with Bruce Power for the supply of Municipal water, to be considered at the October 11, 2023 Council Meeting.

The Municipality of Kincardine continues to invest in improving its existing infrastructure. The Durham Street Lift Station was identified through capital planning as aged infrastructure and was budgeted for improvements to the sanitary station. A request for tender was issued as per the procurement procedure which resulted in three bids for this project.

  • Motion #

    That Council accept the recommendation to award a contract to Birnam Excavating in the amount of $1,454,690.45 (inclusive of municipal share of HST) for the re-construction of the Durham Street Lift Station; and

    Further that Council authorize the use of reserve funds from RF67 sewer reserves for the required hydro servicing works and additional engineering costs estimated at $200,000 associated with the Durham Street Lift Station capital project.

The 2023 Capital Budget includes the purchase of a One Ton Dump Truck with the budget amount of $80,000. The truck was tendered with two separate components. One tender included the one-ton truck and chassis and the other tender was for the aluminum dump body to be installed onto the truck chassis. The OPS RFT 2023-12- 4-Wheel Drive, One Ton Truck received one compliant bid from Montgomery Ford for the amount of $71,522.01. The OPS RFT 2023-12-01 Supply and Install of Aluminum Dump Body received three compliant bids summarized below:

Vendor Amount
Commander Industries: $27,306.28 (including the HST rebate)
Eloquip: $29,221.40 (including the HST rebate)
Cottrill Heavy Equipment: $40,195.20 (including the HST rebate)

  • Motion #

    That Council award contract OPS RFT 2023-12- 4-Wheel Drive, One-Ton Truck to Montgomery Ford Limited for the tendered amount of $71,522.01 (including the HST rebate) and;

    Further That Council award contract OPS RFT 2023-12-01 Supply and Install of Aluminum Dump Body to the lowest compliant bidder Commander Industries for the tendered amount of $27,306.28 (including the HST rebate) as per Report Number Operations-2023-20.

In 2021 the Municipality was successful in receiving a grant in the amount of $251,741 through the ICIP: COVID Stream Local Government Intake to complete the Sunset Drive Protection project. The contract for the project was awarded to Lavis Contracting in August 2021. Due to various delays the project remains outstanding. A revised scope of work and increase in funding are a result of these delays. Staff are requesting additional funds in the amount of $60,000 to complete the project and meet the grant funding timeline of December 31, 2023.

  • Motion #

    That Council approve the budget increase of $60,000 for project 9176 Sunset Drive Lakeshore Protection funded from Lifecyle Reserve Fund 82; and

    Further that a budget amendment be brought forward at a future council meeting.

Bradstones Developments Inc. has proposed a 10-block townhouse development comprised of 36 units within the R3-y zone. Each 2-storey block proposes between 2-4 residential units. The subject property is located in the area of Queen St. and Golf Links Rd. and is described as PART LOT 18 CON A.

The development proposal has progressed through the Zoning amendment process, OLT appeal process and Site Plan approval stages where a Development Agreement has now been prepared. The Development Agreement will further work in conjunction with the previously approved Site Plan Agreement by providing specific staging and completion benchmarks to ensure the project proceeds in accordance with all legislated design protocols.

  • Motion #

    That the Council of the Municipality of Kincardine pass a bylaw to enter into a Development Agreement with Bradstones Developments Inc. and

    That the Mayor and Clerk be authorized to execute any documents and agreements on behalf of the Municipality

This report is to inform Council of a pending Site Plan Agreement between the Municipality of Kincardine and the owner, Donald Karn, to develop a residential site at 30 Rae Street in Tiverton. The site consists of 14 semi-detached units, and one single-detached unit, for a total of 29 residential units. There’s also an internal road network and a storm water management block. The re-zoning of the property to permit the development was appealed and has since progressed through the Local Planning Appeal Tribunal (LPAT) – now the Ontario Land Tribunal (OLT) where a hearing was held and a decision to uphold the development was rendered. The Minutes of Settlement from the LPAT included amending the zoning provisions that identified the SVCA and the Municipal Engineer shall approve the storm water management design as part of the development approval which has been satisfied. To achieve this, the developer was required to reconfigure certain design elements. This report will review the settlement conditions and variations from the original site plan submitted for zoning purposes.

  • Motion #

    That Council direct staff to submit to a Request for Review to the Ontario Land Tribunal to confirm that the approved storm water design and site layout aligns with the Tribunal’s decision for Case No PL190104.

Transfer Easements in favour of the Municipality are required in order to install and maintain municipal sanitary services across Part 1 of PIN 33304-0123 and Part 2 of PIN 33304-0061. This servicing easement will enable sanitary servicing to two separate development properties.

  • Motion #

    That the properties identified as LT 1 PL 664; Huron Terrace, Municipality of Kincardine being part of PIN 33304-0061 and PLAN 10 PARK PT LOT 1, Queen Street Municipality of Kincardine; being Part 1 of PIN 33304-0123 and Part 2 of PIN 33304-0061; be registered as easements by the Municipality of Kincardine for municipal servicing purposes; and

    Further that Council authorize the Mayor and Clerk to execute all required documentation on behalf of the Municipality.

A Petition for Drainage Works by the Owners for lands at Concession 8 Lot 19 and 20 (former Township of Bruce) has been submitted to the Municipality under Section 4 of the Drainage Act. Under the Act, Council’s role is to administer the petition drain process and the first step is for Council to consider the petition and decide to proceed or not to proceed with the drainage works.

  • Motion #

    That Council accept the Petition for Drainage Works by Owners for lands at Concession 8 Lot 19 and 20 (former Township of Bruce) filed under Section 4(1) of the Drainage Act, R.S.O. 1990, c.D.17 for a new municipal drain; and further

    That Council direct staff to proceed with the required notices under Section 5 of the Drainage Act; and further

    That Council appoint R.J. Burnside & Associates Limited to prepare a report for the construction of a new municipal drain based on the petitions received from the Owners.

This report is to update Council on the work that has been done since Council received the Governance Review Final Report on June 5, 2023, and to introduce policies & template for committees:

1. Recruitment and Appointment of Advisory Committees of Council and Local Boards Policy: to ensure that this process is done in a fair and equitable manner.

2. Advisory Committees of Council and Local Boards Administration Policy: to provide a framework for the establishment, operation, dissolution and reporting of committees.

3.Terms of Reference for Committee template.

These policies will help to guide Council in the creation of temporary ad-hoc committees which will provide them with advice on specific matters relating to their strategic plan.

  • Motion #

    That Council approve by By-law the Recruitment and Appointment of Advisory Committees of Council and Local Boards Policy, the Advisory Committees of Council and Local Boards Administration Policy; and further

    That Council approve the Committee Terms of Reference Template.

The piers located at the Kincardine main beach have long been associated with summer enjoyment but at times hazardous conditions raise serious safety concerns.

With the most recent tragic event this summer, staff is recommending that Council approve an Ad-hoc Committee of key stakeholders and subject experts to provide recommendations for safety improvements.

  • Motion #

    That Council approve the establishment of an Ad-hoc Committee for the purposes of seeking recommendations for pier safety at the Kincardine Waterfront.

The Municipality of Kincardine has been invited to attend two physician recruitment expos: the CaSPR Repatriation Expo in Dublin, Ireland and the Royal College of General Practitioners exhibition in Glasgow, Scotland. Per the Municipality’s Conference and Conventions – Expenses Policy, a Council resolution is required to approve international travel for Staff.

The Physician Recruiter would attend with a group of physician recruiters from Ontario each representing their own community and SOPRA (Southern Ontario Physician Recruitment Alliance).

This is the first time this Canadian organized expo has been offered, and it would be an incredible opportunity to engage with potential physicians, to promote Kincardine and gather leads.

  • Motion #

    That Council approve the international travel required for Municipality of Kincardine staff to participate in two international physician recruitment expos within one trip, as per Policy GG.1.4 and described in Report Strategic Initiatives-2023-08.

  • Motion #
    Moved by: Andrea Clarke
    Seconded by: Bill Stewart

    That staff be directed to prepare a report with recommendations for Council’s consideration related to the Secord Monument including possible options for public engagement.

  • Motion #
    Moved by: Beth Blackwell
    Seconded by: Rory Cavanagh

    Whereas HR.03 Compensation and Benefits Policy was approved in August 2023, identifying a standardized process for determining proposed rates for annual staff salary increases; and

    Whereas Policy HR.03 identifies that proposed annual increases will be adjusted for inflation using the July to July CPI rates for the previous year, with a maximum increases of 4% and minimum increases of 1% per year; and

    Whereas Council compensation increases are guaranteed based on CPI with no identified maximum; and

    Whereas Council believes that their compensation increases should be consistent with, rather than potentially higher then, those provided to staff;   

    Now therefore be it resolved that Policy GG. 1.9 Remuneration for Council and Others be amended to require that actual annual increases to salary and per diem rates be consistent with the annual increase approved for organizational staff through the annual budget cycle process; and further

    That other updates and amendments be made as needed to align Policy GG 1.9 with the newly adopted Procedure By-law. 

  • Motion #
    Moved by: Beth Blackwell
    Seconded by: Mike Hinchberger

    Whereas an increasing number of residential properties in Ontario are being utilized as short-term rental (STR) accommodations, with the fastest growth occurring in rural areas and small towns (David Wachsmuth, Canada Research Chair in Urban Governance at McGill University); and

    Whereas while vacation rentals, in-home bed and breakfasts and temporary rental accommodations have existed for decades, the number of properties being used for short-term rentals has exploded with the advent of multi-national online platforms such as Airbnb and Vrbo; and

    Whereas this trend is significantly disrupting traditional housing markets and communities, putting sharp upward pressure on housing prices and depleting scarce long-term rental stock through conversion into short-term accommodations (Impact of Short-Term Rentals on Canadian Housing, CMHC report); and

    Whereas across the province, communities are experiencing increased complaints and rising by-law enforcement costs due to parking, noise infractions, garbage, fire safety and neighbourhood disturbances related to STR’s; and

    Whereas the time required to consult, evaluate options and adopt short-term rental regulations and policies and the licensing and enforcement required to monitor listings and properties represents a significant new cost and responsibility for municipalities, particularly in small and rural areas; and

    Whereas other jurisdictions and organizations (Quebec, Scotland, the Union of BC Municipalities) have acknowledged that a comprehensive regulatory approach is more effective than the inconsistent and patchwork polices being introduced at the municipal level in Ontario; now therefore be it

    Resolved that the Municipality of Kincardine requests the Government of Ontario to:

    1. Establish a provincial regulatory framework for STR’s, as soon as possible, in to reduce the administrative and financial burdens borne by municipalities, particularly those in small and rural areas; and
    2. Legislate platform accountability for services such as Airbnb and Vrbo, requiring them to validate business licences or permits and to remove listing that do not comply with relevant provincial and municipal regulations;  and
    3. Work with MPAC to explore options to split or change property classification so that the commercial / hospitality focused use of a property for short-term rental accommodations is accurately reflected in property tax assessments and rates; and
    4. Increase provincial contributions to affordable and subsidized rental housing to address the disruption to long-term housing stock caused by the growth in STRs.

    Further that a copy of this resolution be forwarded to the Premier of Ontario (Hon. Doug Ford), the Minister of Municipal Affairs and Housing (Hon. Paul Calandra), local MPPs and the Association of Municipalities of Ontario (AMO).

7.3

 
  • Motion #

    That Council adopt the final report entitled 2022 Water and Wastewater Servicing Master Plan Update prepared by BM Ross and Associates, dated June 9, 2023 per Report Environmental Services 2023-25.

  • Motion #

    That the following By-laws are hereby read a first, second and third time and finally passed this 13th day of September, 2023:

    1. Amendment to Zoning By-law 2003-25, 1380 Concession 11, Municipality of Kincardine (Wilken) By-law 2023 - 

    2. Award Durham Street Lift RFT #9465 By-law 2023 - 

    3. Award OPS RFT 2023-12 Contract By-law 2023 - 

    4. Award OPS RFT 2023-12-01 Contract By-law 2023 - 

    5. Bradstones Development (2023) Agreement By-law 2023 - 

    6. Recruitment and Appointment of Advisory Committees of Council and Local Boards Policy By-law  2023 - 

    7. Advisory Committees of Council and Local Boards - Administration Policy By-law 2023 - 

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.

  • Motion #

    That Council approve the recommendations contained in the consent agenda dated September 13, 2023 and direct staff to proceed with all necessary administrative actions.

  • Motion #

    That the By-law to confirm the proceedings of the Council of The Corporation of the Municipality of Kincardine of September 13, 2023 be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2023 - 

  • Motion #

    That this Council Meeting adjourn at ______ p.m.

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