THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE

Council Minutes

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Council Chambers, Municipal Administration Centre
Council Present
  • Mayor Kenneth Craig
  • Deputy Mayor Andrea Clarke
  • Councillor Beth Blackwell
  • Councillor Rory Cavanagh
  • Councillor Mike Hinchberger
  • Councillor Doug Kennedy
  • Councillor Jennifer Prenger
  • Councillor Amanda Steinhoff-Gray
  • Councillor Bill Stewart
Staff Present
  • Jillene Bellchamber-Glazier, Chief Administrative Officer
  • Tracey Guy, Deputy Clerk
  • Roxana Baumann, Director of Corporate Services
  • Lorie Fioze, Manager Strategic Initiatives
  • Jayne Jagelewski, Director of Community Services
  • Brad Lemaich, Fire Chief
  • Nicole Bauman, Legislative Services Administrative Assistant
  • Shane Watson, Fire Prevention Officer

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 September 27, 2023 in the Council Chambers at the Municipal Administration Centre.

1.1
Land Acknowledgment Statement

 

Councillor Kennedy 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

 

Name: Kenneth Craig
Item of Business: Item 10 and 10.1 Fire Department Negotiations, Human Resources-2023-27
General Nature of Interest:  Child a Member of Kincardine Fire Services

Name: Bill Stewart
Item of Business: Item 8.3b. Community Investment Grant Application
General Nature of Interest: Member of the Tiverton and District Lions Club

Mayor Craig and Councillor Stewart left the Council table and did not comment on the business item while the matter was considered.

4.
Adoption of Minutes from Regular and Special Meetings of Council 

This item has attachments. 
1.Post-Meeting Minutes - Council Meeting_Sep13_2023 - English.pdf
  • Resolution #09/27/23 - 01
    Moved by:Doug Kennedy
    Seconded by:Bill Stewart

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

    Carried.

5.
Unfinished Business

 

None.

6.
Matters for Public Participation

 

6.1
Public Meeting

 

a.
Applicant: Brian Gamble - 541 Concession 2

This item has attachments. 
1.Report and Attachments Z134 Gamble.pdf
2.Gamble Zoning Amendment By-law.pdf
3.Slide Presentation Z134 Gamble.pdf

Bruce County Planner Jack Van Dorp, explained 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: 

Brian Gamble was present and did not comment.

Presentations from the Public:

Letter from Mr. Pitblado, Solicitor for Kevin and Gerta McKay was read.

Questions and Clarifications from Council: 

Council clarified that the County recommendation is for one additional unit in the main dwelling, and no additional units be permitted in the accessory buildings.

  • Resolution #09/27/23 - 02
    Moved by:Rory Cavanagh
    Seconded by:Mike Hinchberger

    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; and

    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, and
    3)    Does not conform to the Bruce County Official Plan.

    And that the by-law be adopted.

    Carried.

6.2
Delegations and Presentations

 

None.

7.
Matters for Discussion and Direction

 

7.1
Staff Reports

 

a.
2024 Budget Report, Financial Services-2023-23

This item has attachments. 
1.2024 Budget Plan Report - Financial Services-2023-23.pdf
2.2024_Municipality_of_Kincardine_Budget_Survey-120981-291025-20230908172445_Redacted.pdf
3.Budget Process Flowchart.pdf
  • Resolution #09/27/23 - 03
    Moved by:Bill Stewart
    Seconded by:Beth Blackwell

    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.

    Carried.

b.
Award Payroll RFP, Financial Services-2023-25

This item has attachments. 
1.Award Payroll RFP - Financial Services-2023-25.pdf
  • Resolution #09/27/23 - 04
    Moved by:Doug Kennedy
    Seconded by:Beth Blackwell

    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.

    Carried.

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

This item has attachments. 
1.Council Remuneration and Expense Policy - Financial Services-2023-24.pdf
2.COUNCIL.04 Council Remuneration and Expenses.pdf
  • Resolution #09/27/23 - 05
    Moved by:Mike Hinchberger
    Seconded by:Beth Blackwell

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

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

    Carried.

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

This item has attachments. 
1.Advisory Committees and Recommended Ad-Hoc Committees - Legislative Services-2023-22.pdf
2.2023 09 20 Ad Hoc Committee Planner.pdf
  • Resolution #09/27/23 - 06
    Moved by:Rory Cavanagh
    Seconded by:Mike Hinchberger

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

    Carried.

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

This item has attachments. 
1.Saugeen Valley Conservation Authority Category 3 Cost Apportioning Agreement - CAO General-2023-21.pdf
2.ATT2_AGR_20230629_Category3CostApportionment_DRAFT.pdf
3.Conservation Act_Mandatory Programs and Services.pdf
4.Conservation Act_Transition Plans and Agreements for Programs and Services Under Section 21.1.2 of the Act.pdf
5.SVCA_2024 Business Case_Water Quality Program_Sept 2023.pdf
6.SVCA_Category 3 Agreement_Preamble_Sept 2023.pdf
7.SVCA_Category 3_Cost Apportioning Letter_Sept 2023.pdf
  • Resolution #09/27/23 - 07
    Moved by:Jennifer Prenger
    Seconded by:Bill Stewart

    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.

    Carried.

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

This item has attachments. 
1.Municipality of Kincardine Emergency Response Plan.pdf
2.Emergency Response Plan - DRAFT FINAL 5.pdf
  • Resolution #09/27/23 - 08
    Moved by:Rory Cavanagh
    Seconded by:Andrea Clarke

    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.

    Carried.

7.2
Addendum Items

 

None.

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

This item has attachments. 
1.TRE-2023 September S357_S358 Report Sep 27.pdf
  • Resolution #09/27/23 - 09
    Moved by:Bill Stewart
    Seconded by:Beth Blackwell

    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.

    Carried.

b.
Community Investment Grant Application

 

Councillor Stewart left the Council Chambers.

  • Resolution #09/27/23 - 10
    Moved by:Doug Kennedy
    Seconded by:Amanda Steinhoff-Gray

    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.

    Carried.

8.4
Consideration of By-laws

 

Councillor Stewart returned to the Council Chambers.

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

This item has attachments. 
1.Amend James Special Services By-law.pdf
  • Resolution #09/27/23 - 11
    Moved by:Mike Hinchberger
    Seconded by:Rory Cavanagh

    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 - 157.

    Carried.

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

This item has attachments. 
1.Merlin Simex Agreement By-law.pdf
2.Merlin Simex Agreement_Redacted.pdf
  • Resolution #09/27/23 - 12
    Moved by:Bill Stewart
    Seconded by:Mike Hinchberger

    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 - 158.

    Carried.

c.
Motion to Pass By-laws

This item has attachments. 
1.Gamble Zoning Amendment By-law(1).pdf
2.Payroll RFP Tender Award By-law.pdf
3.Council Remuneration Policy By-law.pdf
4.SVCA Agreement By-law.pdf
5.Emergency Responce Plan By-law.pdf
  • Resolution #09/27/23 - 13
    Moved by:Jennifer Prenger
    Seconded by:Andrea Clarke

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

    1.  Award Tender #TF2023-01 By-law 2023 - 160.

    2.  Council Remuneration and Expense Policy By-law 2023 - 161.

    3.  Saugeen Valley Conservation Authority Agreement (2023) By-law 2023 - 162; and

    4.  Emergency Response Plan (2023) By-law 2023 - 163.

    Carried.
  • Resolution #09/27/23 - 14
    Moved by:Jennifer Prenger
    Seconded by:Andrea Clarke

    That the “Amendment to Zoning By-law 2003 25, [541 Concession 2, Bruce Township (Gamble)] By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2023 - 159.

    Carried.

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

 

b.
Statistical and Information Reports

 

c.
Minutes of Committees and Boards

 

d.
Communications

 
a.
Association of Municipalities of Ontario
 
b.
Ministry of Municipal Affairs and Housing - Responding to the Housing Affordability Task Force's Recommendation
This item has attachments. 
1.234-2023-4597 RSNM TF Recommendations HOC Letter ENG_2023SEP15 - SIGNED.pdf
2.234-2023-4597 RSNM - Attachment - Task Force Recommendations Ranking Chart.pdf
c.
Tessa Gerlin - Tidman Subdivision
This item has attachments. 
1.2023 09 06, Gerlin, Tessa Tidman Subdivision.pdf
  • Resolution #09/27/23 - 15
    Moved by:Bill Stewart
    Seconded by:Andrea Clarke

    That Council approve an amendment to the agenda to allow a delegation be added to speak to the Tessa Gerlin - Tidman Subdivision Correspondence.

    Defeated.
d.
Gordon and Lucia Vala-Webb - Municipal Accommodation Tax Implementation Plan 2023
This item has attachments. 
1.2023 09 07 Vala-Webb, Gordon and Lucia - Municipal Accommodation Tax Implementation Plan 2023.pdf
e.
Ontario Provincial Police - Distribution of Police Record Check Revenue to Municipalities
This item has attachments. 
1.2023 09 07 Police Record Check Revenue.pdf
f.
National Chronic Pain Society - Opioid Crisis in Our Communities and Municipalities
This item has attachments. 
1.2023 09 12 National Chronic Pain Society - Opioid Crisis in Our Communities and Municipalities.pdf
g.
Community Living Kincardine and District September 2023 Newsletter
 
h.
Motions other Municipalities
 

e.
Acceptance of Consent Agenda

 
  • Resolution #09/27/23 - 16
    Moved by:Bill Stewart
    Seconded by:Andrea Clarke

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

    Carried.

9.2
Members of Council General Announcements

 

9.3
Chief Administrative Officer Announcements

 

10.
Closed Session

 

Mayor Craig left the Council Chambers in Closed Session for the item on Fire Department Negotiations.

  • Resolution #09/27/23 - 17
    Moved by:Rory Cavanagh
    Seconded by:Bill Stewart

    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.

    Carried.

10.1
Matters Arising from Closed Session

 

a.
Fire Department Negotiations

 

Mayor Craig left the Council Chambers.

Deputy Mayor Clark reported that a closed session was held for the purpose of considering labour relations or employee negotiations (Fire Department Negotiations), pursuant to Section 239 (2) of the Municipal Act, 2001, as amended.

  • Resolution #09/27/23 - 18
    Moved by:Mike Hinchberger
    Seconded by:Amanda Steinhoff-Gray

    That Council appoint Bill Stewart and Andrea Clark from Council, to participate in the negotiation process with the Fire Department.

    Carried.

b.
Bruce Telecom Update

 

Mayor Craig returned to the Council Chambers.

Mayor Craig reported that a closed session was held for 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 regarding Bruce Telecom.  Direction was provided to Staff in the closed session regarding the matter.

11.
Confirmatory By-law

 
  • Resolution #09/27/23 - 19
    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 September 27, 2023 be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2023 - 164.

    Carried.

12.
Adjournment

 
  • Resolution #09/27/23 - 20
    Moved by:Bill Stewart
    Seconded by:Beth Blackwell

    That this Council adjourn at 7:42 p.m.

    Carried.
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