Council Info September 13, 2023

The following is a summary of major discussion items presented at Council on September 13, 2023. Please refer to the website for the complete and official records of the meeting including consent agenda items, motions of Council, communications, detailed reports, and attachments. 

 

You can watch Council meetings live on Rogers TV Channel 6, on demand at www.rogerstv.com, or stream here. Council is also broadcasted live on Bruce Telecom TV and on YouTube.

Visit our website at www.kincardine.ca or follow us on social media to receive updates on Council and Committee of the Whole meetings.

• Committee of Adjustment
• Council meeting

Committee of Adjustment

Applicant: A-2023-031 Manteiga - 29 John Street (Bruce Twp)

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

The Committee of Adjustment approved the Minor Variance A-2023-031 from John Manteiga for the property described as 29 John Street, to increase the lot coverage to 22% and to reduce the side yard setback for the single detached dwelling to 1.54 m.

 

Council Meeting

Jon Wilken - 1380 Concession 11 

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

 

Council approved the Zoning By-law AmendmentApplication Z-2023-040 for Jon Wilken for 1380 Concession 11, Municipality of Kincardine.

 

Delegations and Presentations

Bruce County Stakeholder Meeting - Development Charges

Edward Henley, Director for the County of Bruce, made a presentationon the County's Development Charges.

 

Matters for Discussion and Direction

 

Staff Reports

Bruce Power Water Supply Agreement, Environmental Services-2023-29

The working group has been preparing and advancing the water supply agreementwith 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.

 

This will be considered by Council at the October 11, 2023 Council Meeting.

 

Award Durham Street Lift Station Tender, Environmental Services-2023-35

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.

 

Council accepted 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 authorized 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.

 

One Ton Dump Truck, Operations-2023-20

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. 

 

Council awarded the 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;

Council also awarded the 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).

 

Sunset Drive Lakeshore Protection Update, Operations-2023-21

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.

 

Council amended the agenda to allow Gordon Vala-Webb to speak in opposition to the overall project. 

 

Council defeated a motion to support the additional funds for the revised scope of work, as a result the project will not proceed.The Municipality will work towards contract termination and notify the Province on the default of the project.  

 

Development Agreement – Bradstones Developments Inc., Development Services-2023-30

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 Agreementhas 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.

 

Council passed a bylaw to enter into a Development Agreement with Bradstones Developments Inc. The Mayor and Clerk were authorized to execute any documents and agreements on behalf of the Municipality.

 

30 Rae Street Karn-Request for Review to Ontario Land Tribunal, Development Services-2023-28

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.

 

Council directed 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 of Easements Kelden Development, Development Services-2023-25

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.

 

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.

 

Council authorized the Mayor and Clerk to execute all required documentation on behalf of the Municipality.

 

Petition for Drainage Works - Lot 19 and 20 Concession 8, Bruce Twp, Legislative Services-2023-20

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.

 

Council accepted 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. Council directed staff to proceed with the required notices under Section 5 of the Drainage Act; and Council appointed 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.

 

Governance Review Update and Committee Policies, Legislative Services-2023-21

This report is to update Council on the work that has been done since Council received the Governance ReviewFinal 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.

 

Council approved the 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 the Committee Terms of Reference Template.

 

Proposed Ad-hoc Pier Safety Committee, Emergency Services-2023-05

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 Committeeof key stakeholders and subject experts to provide recommendations for safety improvements.

 

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

 

Physician Recruitment Expo Opportunity, Strategic Initiatives-2023-08

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.

 

Council approved 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.

  

Matters for Decision

Notice of Motion - Prior to the Meeting

 

Secord Monument

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

 

Policy GG. 1.9 Remuneration for Council and Others Update

The Compensation and Benefits Policy was approved in August 2023, identifying a standardized process for determining proposed rates for annual staff salary increases. 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 increase of 4% and minimum increases of 1% per year.

 

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

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

 

Council amended Policy GG. 1.9 Remuneration for Council and Others 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 other updates and amendments be made as needed to align Policy GG 1.9 with the newly adopted Procedure By-law. 

 

Short Term Rental Accommodations

Council requested 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.

 

Council requested 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). 

 

Motions

Water and Wastewater Master Plan Update 

Link to Previous Report

The Water and Wastewater Master Plan identifies the next steps required for moving the plan forward with the issuance Notice of Master Plan and the start the 30-day public review period.

 

Council adopted 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.