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 - left the meeting at 7:37 p.m.
  • Councillor Amanda Steinhoff-Gray
  • Councillor Bill Stewart
Council Absent
  • Councillor Jennifer Prenger
Staff Present
  • Jillene Bellchamber-Glazier, Chief Administrative Officer
  • Jennifer Lawrie, Manager of Legislative Services/Clerk
  • Roxana Baumann, Director of Corporate Services
  • Lorie Fioze, Manager Strategic Initiatives
  • Jayne Jagelewski, Director of Community Services
  • Dwayne McNab, Manager of Development Services
  • Corey Voisin, Manager of Operations
  • Adam Weishar, Director of Infrastructure and Development
  • Nicole Bauman, Legislative Services Administrative Assistant
  • Tracey Guy, Deputy Clerk

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

Councillor Blackwell opened the meeting with the Land Acknowledgment Statement.

  • Resolution #09/13/23 - 01
    Moved by:Amanda Steinhoff-Gray
    Seconded by:Andrea Clarke

    That Council approve the following amendment to the agenda:

    1. 6.1 d) Gordon Vala-Webb be added as a delegation on the Sunset Drive Lakeshore Protection Update.

    Carried.

Name: Amanda Steinhoff Grey
Item of Business: 6.1 a - Bruce Power Water Supply Agreement, Environmental Services 2023-29 
General Nature of Interest: An employee of Bruce Power

Name: Amanda Steinhoff Grey
Item of Business: 6.1.f. 30 Rae Street Karn-Request for Review to Ontario Land
General Nature of Interest: Role as the appellant on this matter and subsequent settlement through the OLT.

Name: Beth Blackwell
Item of Business: 6.1 a - Bruce Power Water Supply Agreement, Environmental Services 2023-29 
General Nature of Interest: Partner is an employee of Bruce Power.

Councillor Steinhoff-Grey and Councillor Blackwell left the Council table and did not comment on the business item while these matters were considered.

  • Resolution #09/13/23 - 02
    Moved by:Bill Stewart
    Seconded by:Mike Hinchberger

    That the minutes of the Meetings held on August 9, 2023 (Council) and August 14, 2023 (Council, Public Meeting and Committee of Whole) be adopted as printed.

    Carried.
  • Resolution #09/13/23 - 03
    Moved by:Rory Cavanagh
    Seconded by:Amanda Steinhoff-Gray

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

    Carried.

Bruce County Planner David Welwood, 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: None

Presentations from the Public: None

Questions and Clarifications from Council: None

  • Resolution #09/13/23 - 04
    Moved by:Mike Hinchberger
    Seconded by:Bill Stewart

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

    Carried.

Edward Henley, Director of Corporate Services and Treasurer for the County of Bruce, made a presentation on the County's Development Charges including the reasons for the County of Bruce to do development charges and what they would be used for.

Council discussed impact on development charges for affordable and attainable housing, development charge for a new home by the County, that the local municipality will be collecting the fee on behalf of the County, services will be charged by assessment value, and investigating aligning the exemptions and reductions with the lower tiers. 

Councillor Steinhoff-Gray and Councillor Blackwell left the Council Chambers.

John Peevers, Jennifer Eadie, and Nancy Green from Bruce Power and Andrew Garland from BM Ross were in attendance.

  • Resolution #09/13/23 - 05
    Moved by:Bill Stewart
    Seconded by:Rory Cavanagh

    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.

    Carried.
Councillor Steinhoff-Gray and Councillor Blackwell returned to the Council Chambers.
  • Resolution #09/13/23 - 06
    Moved by:Mike Hinchberger
    Seconded by:Beth Blackwell

    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.

    Carried.
  • Resolution #09/13/23 - 07
    Moved by:Rory Cavanagh
    Seconded by:Beth Blackwell

    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.

    Carried.
  • Resolution #09/13/23 - 08
    Moved by:Mike Hinchberger
    Seconded by:Beth Blackwell

    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.

    Yes (4)Doug Kennedy, Beth Blackwell, Kenneth Craig, and Rory Cavanagh
    No (4)Bill Stewart, Andrea Clarke, Mike Hinchberger, and Amanda Steinhoff-Gray
    Defeated.

Addition to the Agenda

Mr. Vala-Webb spoke to his objection to the project and requested that the project stopped. 

  • Resolution #09/13/23 - 09
    Moved by:Rory Cavanagh
    Seconded by:Mike Hinchberger

    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

    Carried.
Councillor Steinhoff-Gray left the Council Chambers.
  • Resolution #09/13/23 - 10
    Moved by:Mike Hinchberger
    Seconded by:Bill Stewart

    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.

    Carried.
Councillor Steinhoff-Gray returned to the Chambers.
  • Resolution #09/13/23 - 11
    Moved by:Beth Blackwell
    Seconded by:Amanda Steinhoff-Gray

    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.

    Carried.
  • Resolution #09/13/23 - 12
    Moved by:Bill Stewart
    Seconded by:Mike Hinchberger

    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.

    Carried.
  • Resolution #09/13/23 - 13
    Moved by:Andrea Clarke
    Seconded by:Rory Cavanagh

    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.

    Carried.
  • Resolution #09/13/23 - 14
    Moved by:Rory Cavanagh
    Seconded by:Amanda Steinhoff-Gray

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

    Carried.
  • Amendment:
    Resolution #09/13/23 - 15
    Moved by:Rory Cavanagh
    Seconded by:Andrea Clarke

    Amend the motion to add "and the immediate adjacent waterfront areas of Station Beach and McPherson Beach; and further

    That Councill approve the Terms of Reference as amended."

    Defeated.
  • Resolution #09/13/23 - 16
    Moved by:Bill Stewart
    Seconded by:Mike Hinchberger

    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.

    Carried.

None.

  • Resolution #09/13/23 - 17
    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.

    Carried.

Councillor Blackwell was not present in the Council Chambers during this vote.

  • Resolution #09/13/23 - 18
    Moved by:Andrea Clarke
    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. 

    Carried.
Councillor Kennedy left the meeting
  • Resolution #09/13/23 - 19
    Moved by:Rory Cavanagh
    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).

    Carried.

7.3

 
  • Resolution #09/13/23 - 20
    Moved by:Bill Stewart
    Seconded by:Mike Hinchberger

    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.

    Carried.
  • Resolution #09/13/23 - 21
    Moved by:Andrea Clarke
    Seconded by:Mike Hinchberger

    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 - 149;

    2. Award Durham Street Lift RFT #9465 By-law 2023 - 150;

    3. Award OPS RFT 2023-12 Contract By-law 2023 - 151;

    4. Award OPS RFT 2023-12-01 Contract By-law 2023 - 152;

    5. Bradstones Development (2023) Agreement By-law 2023 - 153;

    6. Recruitment and Appointment of Advisory Committees of Council and Local Boards Policy By-law  2023 - 154; and

    7. Advisory Committees of Council and Local Boards - Administration Policy By-law 2023 - 155

    Carried.

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.

  • Resolution #09/13/23 - 22
    Moved by:Bill Stewart
    Seconded by:Andrea Clarke

    That Council approve the recommendations contained in the consent agenda dated September 13, 2023 and direct staff to proceed with all necessary administrative actions except 8.1 cc Emily Jones - Unsafe Walking Routes for our Students Concern.

    Carried.
  • Resolution #09/13/23 - 23
    Moved by:Amanda Steinhoff-Gray
    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 13, 2023 be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2023 - 156.

    Carried.
  • Resolution #09/13/23 - 24
    Moved by:Rory Cavanagh
    Seconded by:Mike Hinchberger

    That this Council Meeting adjourn at 7:55 p.m.

    Carried.
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