THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE

Council Minutes

Wednesday, February 26, 2025

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

Council Chambers, Municipal Administration Centre

Council Present

• Mayor Kenneth Craig
• Deputy Mayor Andrea Clarke
• Councillor Rory Cavanagh
• Councillor Mike Hinchberger
• Councillor Jennifer Prenger
• Councillor Amanda Steinhoff-Gray
• Councillor Bill Stewart
• Councillor Stellina Williams

Council Absent

• Councillor Beth Blackwell

Staff Present

• Jillene Bellchamber-Glazier, Chief Administrative Officer
• Jennifer Lawrie, Manager of Legislative Services/Clerk
• Roxana Baumann, Director of Corporate Services
• Michel DiGiovanni, Manager, Parks and Facilities
• Lorie Fioze, Manager Strategic Initiatives
• Jayne Jagelewski, Director of Community Services
• Dwayne McNab, Manager of Development Services
• Mark O'Leary, Manager of Environmental Services
• Corey Voisin, Manager of Operations
• Adam Weishar, Director of Infrastructure and Development
• Nicole Bauman, Legislative Services Administrative Assistant

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1.

Call to Order/Roll Call

Mayor Craig called to order the Regular Meeting of the Council of The Corporation of the Municipality of Kincardine at 5:00 p.m. on February 26, 2025 in the Council Chambers at the Municipal Administration Centre.

1.1

Land Acknowledgment Statement

Deputy Mayor Clarke opened the meeting with the Land Acknowledgment Statement.

2.

Amendments, Additions or Deletions To/From the Agenda

None.

3.

Disclosure of Pecuniary Interest and the General Nature Thereof

3.1

9.1 a Physician Recruitment Agreement Dr. Yousry Soliman

Spouse’s professional position and income, as well as having a shareholder interest in the Dr. A Cavanagh Medicine Professional Corporation.

4.

Adoption of Minutes from Regular and Special Meetings of Council 

• Resolution # 02/26/25 - 01
  Moved by: Andrea Clarke
  Seconded by: Rory Cavanagh

  That the minutes of the Council meetings held on February 12, 2025 be adopted as printed.

  Carried.

5.

Matters for Public Participation

5.1

Public Meeting

a.

9 – 21 Business Park ASDC Background Charge Update, Development Services-2025-05

• Resolution # 02/26/25 - 02
  Moved by: Rory Cavanagh
  Seconded by: Amanda Steinhoff-Gray

  That the Council of the Municipality of Kincardine hold a Public Meeting in accordance with the Development Charges Act, 1997 and its associated Ontario Regulation 82/98.

  Carried.

a.

Public Meeting

Adam Weishar provided a summary of the proposed Area Specific Development Charge By-law. Jacklyn Hall  from Hemson Consulting provided a presentation and was in attendance to answer questions.

Questions from Council for Staff or the Consultant: Questions regarding the Capital Program Summary (Adjustments for Funding Received for projects and Other Engineering Infrastructure),  lack of development of those lands, the exemption for Boards of Education per the Development Charges Act, and Services in Lieu per Section 10.  

Presentations from the Public in support/opposition: None

Final questions or clarifications from Council: None

• Resolution # 02/26/25 - 03
  Moved by: Stellina Williams
  Seconded by: Bill Stewart

  The Area Specific Development Charge (ASDC) Background Study prepared by Hemson Consulting Ltd. and dated January 24, 2025 is hereby received, and Council directs that the ASDC Background Study and proposed By-law be considered at the statutory public meeting convened in accordance with the requirements of subsection 12 of the Act on  February 26, 2025 (today); and

  That Council considers a By-law to establish Development Charges for the 9/21 Business Park Lands at the March 26th, 2025 Council Meeting.

  Carried.

6.

Matters for Discussion and Direction

6.1

Staff Reports

a.

Bridge Master Plan, Operations-2025-06

Alyssa Kochanski - GEI Consultants - was present and provided a presentation.

• Resolution # 02/26/25 - 04
  Moved by: Jennifer Prenger
  Seconded by: Rory Cavanagh

  That Council receives report Operations-2025-06 and the Kincardine Bridge Master Plan - Final documents for information; and

  Further that Council direct staff to consult with adjacent property owners and report details back to Council to better inform Council prior to making decisions on the structures considered.

  Carried.

b.

Expansion of the Tiverton Water Supply System Class EA, Environmental Services-2025-09

Andrew Garland and Lisa Courtney from BM Ross were present and provided a presentation.

• Resolution # 02/26/25 - 05
  Moved by: Amanda Steinhoff-Gray
  Seconded by: Jennifer Prenger

  That Council directs staff to issue the Notice of Expansion of the Tiverton Water Supply System Municipal Class Environmental Assessment Environmental Study Report (ESR) for public review beginning May 1st, 2025.

  Carried.

c.

Huron Shores ATV Club Agreement, Operations-2025-04

• Resolution # 02/26/25 - 06
  Moved by: Rory Cavanagh
  Seconded by: Jennifer Prenger

  That Council pass a by-law to enter into an agreement with the Huron Shores ATV Club to allow access to an unopened road allowance between Concession 9 and Concession 11 on Side Road 30 Kincardine Township per Report Operations 2025-04.

  Carried.

d.

Municipal Accommodation Tax Consideration, Strategic Initiatives-2025-03

• Resolution # 02/26/25 - 07
  Moved by: Stellina Williams
  Seconded by: Amanda Steinhoff-Gray

  Whereas a Municipal Accommodation Tax (MAT) is a revenue tool commonly used by Ontario municipalities to fund tourism activities and general municipal revenues; and

  Whereas the Municipality of Kincardine is an iconic tourism destination in Ontario;

  Now therefore be it resolved that staff report Strategic Initiatives – 2025-03, Municipal Accommodation Tax Consideration - Proposed Process, be received; and

  Further that Council direct staff to implement the proposed process as outlined in this report and report back to Council each quarter with an update.

  Carried.

e.

Tiverton Sports Centre Dasher Board Replacement Contract Award, Parks Facilities-2025-07

Councillor Cavanagh left the Council Chambers

• Resolution # 02/26/25 - 08
  Moved by: Bill Stewart
  Seconded by: Mike Hinchberger

  That Council awards the contract to replace the Dasher Boards and Glass at the Tiverton Sports Centre to Athletica Sport Systems Inc. in the amount of $303,390, exclusive of HST.

  Carried.

f.

Tiverton Sports Centre Refrigeration Plant Contract Award, Parks Facilities-2025-08

• Resolution # 02/26/25 - 09
  Moved by: Stellina Williams
  Seconded by: Andrea Clarke

  That Council awards the contract to replace the refrigeration plant at the Tiverton Sports Centre to CIMCO Refrigeration for the bid price of $549,785, excluding HST.

  Carried.

7.

Matters for Decision

7.1

Notice of Motion - At the Meeting

None.

7.2

Consideration of By-laws

a.

2025 Budget By-law

Councillor Cavanagh returns to the Council Chambers

• Resolution # 02/26/25 - 10
  Moved by: Amanda Steinhoff-Gray
  Seconded by: Andrea Clarke

  That the “2025 Budget By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2025 - 023

  Yes (6)	Andrea Clarke, Kenneth Craig, Mike Hinchberger, Rory Cavanagh, Jennifer Prenger, and Amanda Steinhoff-Gray
  No (2)	Bill Stewart, and Stellina Williams

  Carried.

b.

Motion to Pass By-laws

• Resolution # 02/26/25 - 11
  Moved by: Rory Cavanagh
  Seconded by: Andrea Clarke

  That the following By-laws are hereby read a first, second and third time, and finally passed this 26th day of February, 2025:

  1. Huron Shores ATV Club Agreement (2025) By-law 2025 - 024;

  2. Award the Tiverton Sports Centre Refrigeration Plan Contract By-law 2025 - 025; and

  3. Award the Tiverton Sports Centre Dasher Boards and Glass Contract By-law 2025 - 026.

  Carried.

8.

Matters for Information

8.1

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.

Sadie Al Resignation from BIA 

That Council accept with regret, the resignation of Sadie Al from the Business Improvement Area (BIA) Board; and

That Council extend its best wishes to Sadie Al in all her future endeavors; and

Further that this seat be declared vacant.

b.

Rock the Docs Event - June 20, 2025

That Council approve the request by Dr. Jason Murray for an exemption from the provisions of the Noise Control By-law No. 2008 - 076 on Friday June 20, 2025, at 16:00 hrs to Saturday June 21, 2025 at 01:00 hours, for the Rock with your Doc event at the Davidson Centre, 601 Durham Street, Kincardine.

c.

Bar Down Fundraising Event - June 28, 2025

That Council approve the request by Alana Rozon for an exemption from the provisions of the Noise Control By-law No. 2008 - 076 on Saturday June 28, 2025 at 17:00 hrs to Sunday June 29, 2025 at 00:00 hours, for a fundraising event at 832 Queen St, Kincardine.

b.

Statistical and Information Reports

a.

Bruce Power Water Supply Capital Project Review, Environmental Services-2025-08

b.

Mayor's Report - ROMA Conference

c.

Development Services Report January 2025

d.

2024 Phragmites Control Program Update, Parks Facilities-2025-04

e.

Jumpstart Partnership for Tiny Tot Playground, Parks Facilities-2025-06

c.

Minutes of Committees and Boards

a.

Kincardine BIA Minutes - January 21, 2025

d.

Communications

a.

Association of Municipalities of Ontario

a.

AMO 2025 - Registration open

b.

AMO Education - Indigenous Community Awareness Training

c.

AMO Education - AMO and OMAA Discussion on the Mayor-CAO Relationship

d.

Policy update - Action on Tariffs and Trade

e.

Policy Update - Provincial Election Tracking and Guidance for Municipal Energy Decisions

f.

Policy Update - Weekly Provincial Election Tracking Update

g.

Watchfile - February 6, 2025

h.

Watchfile February 13, 2025

b.

Autism Ontario World Autism Day Proclamation 2025

c.

Kincardine Environmental Action Letter

d.

OSUM Conference - Registration is open

e.

Motions Other Municipalities

a.

EOWC - Support of Canadian and Ontario Governments Negotiations with the United States Government on Trade Tariffs

b.

Municipality of Brockton - Request for Province-Wide Rideshare Framework

c.

Town of Fort Erie -Provincial Election Health Care Advocacy

d.

Town of Hanover - United States Imposition of Tariffs on Canada

e.

Township of McGarry - Amend Building Code

f.

Township of Uxbridge - Buy Canadian Policy

e.

Acceptance of Consent Agenda

• Resolution # 02/26/25 - 12
  Moved by: Andrea Clarke
  Seconded by: Mike Hinchberger

  That Council approve the recommendations contained in the consent agenda dated February 26, 2025 and direct staff to proceed with all necessary administrative actions.

  Carried.

8.2

Members of Council General Announcements

8.3

Chief Administrative Officer Announcements

9.

Closed Session (If Required)

• Resolution # 02/26/25 - 13
  Moved by: Stellina Williams
  Seconded by: Amanda Steinhoff-Gray

  That the hour of automatic adjournment be extended until end of business.

  Carried.
• Resolution # 02/26/25 - 14
  Moved by: Andrea Clarke
  Seconded by: Amanda Steinhoff-Gray

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

  1) The Closed Session minutes dated January 22, 2025; 

  2) Personal matters about an identifiable individual, including municipal or Local Board employees, or potential appointees to a Local Board, Ad-Hoc Committee, or other municipally controlled organization (Physician Recruitment Agreement);

  3) Personal matters about an identifiable individual, including municipal or Local Board employees, or potential appointees to a Local Board, Ad-Hoc Committee, or other municipally controlled organization (Candidates for Heritage Kincardine Vacancy); 

  4) Advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Kincardine Family Health Organization - Medical Office Lease); 

  5) Personal matters about an identifiable individual, including municipal or Local Board employees, or potential appointees to a Local Board, Ad-Hoc Committee, or other municipally controlled organization (CAO Evaluation); and

  Further, that Council return to Regular open meeting upon completion.

  Carried.

9.1

Matters Arising from Closed Session

Councillor Cavanagh declared a pecuniary interest in closed session. Jennifer Lawrie left the meeting in closed session and Jillene Bellchamber-Glazier assumed the role of Clerk.

Mayor Craig reported that pursuant to Section 239 (2) of the Municipal Act, Council discussed the following items in Closed Session:
1)   The Closed Session minutes dated January 22, 2025, were approved; 
2)   Direction was provided to place a by-law on the open meeting agenda to consider a Physician Recruitment Agreement with Dr Yousry Soliman;
3)   Direction was provided to place a by-law on the open meeting agenda to consider two Candidates for Heritage Kincardine Vacancy; 
4)    The Kincardine Family Health Organization - Medical Office Lease was for information only; and
5)    The CAO Evaluation was for information only.

a.

Physician Recruitment Agreement Dr. Yousry Soliman

• Rory Cavanagh declared a conflict on this item. (Spouse’s professional position and income, as well as having a shareholder interest in the Dr. A Cavanagh Medicine Professional Corporation.)

Councillor Cavanagh left his seat and did not comment on the business item while this matter was considered.

• Resolution # 02/26/25 - 15
  Moved by: Jennifer Prenger
  Seconded by: Mike Hinchberger

  That Council That the “Dr. Yousry Soliman Physician Agreement (2025) By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2025 - 027.

  Carried.

b.

Candidates for Heritage Kincardine Vacancy

Councillor Cavanagh returned to his seat.

• Resolution # 02/26/25 - 16
  Moved by: Rory Cavanagh
  Seconded by: Amanda Steinhoff-Gray

  That Council That the “Committee Appointment Amendment (9) By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2025 - 028

  Carried.

10.

Confirmatory By-law

• Resolution # 02/26/25 - 17
  Moved by: Rory Cavanagh
  Seconded by: Andrea Clarke

  That the By-law to confirm the proceedings of the Council of The Corporation of the Municipality of Kincardine of February 26, 2025 be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2025 - 029.

  Carried.

11.

Adjournment

• Resolution # 02/26/25 - 18
  Moved by: Mike Hinchberger
  Seconded by: Stellina Williams

  That this Council Meeting adjourn at 8:59 p.m.

  Carried.