The Corporation of the Township of Huron-Kinloss

Council Meeting Minutes

Meeting #:
Date:
Time:
-
Location:
Council Chambers
Members Present
  • Don Murray, Mayor
  • Jim Hanna, Deputy Mayor
  • Larry Allison, Councillor
  • Shari Flett, Councillor
  • Scott Gibson, Councillor
  • Ed McGugan, Councillor
Members Absent
  • Carl Sloetjes, Councillor
Staff Present
  • Jennifer White, Clerk
  • Christine Heinisch, Manager of Financial Services/Treasurer
  • John Yungblut
  • Ken McCallum
Staff Absent
  • Jodi MacArthur, Chief Administrative Officer

Mayor Murray called the meeting to order at 7:00 p.m.

Councillor Gibson declared a conflict on the matters in 6.1, 8.1 and 10.2.  The Conflict of Interest disclosure requirements do not apply to items considered under the Drainage Act.  Having left for item #6.1, Councillor Gibson was present for and participated in voting and discussion on items 8.1 and 10.2, as a disclosure of pecuniary interest is not required.   

  • Resolution No.:04/23/2025 - 01
    Moved ByJim Hanna
    Seconded ByLarry Allison

    THAT the minutes of the Council meeting of March 17, 2025 and Committee of the Whole meeting of April 7, 2025 be adopted as presented.   

    Carried

No delegations were scheduled. 

The purpose of the application is a Zoning By-law Amendment. 

If approved, the application would facilitate  a surplus farm dwelling severance by rezoning +/- 0.6-hectares (ha) to Agricultural Residential Special (AG3-25.183) zone to recognize existing buildings and structures to be in compliance with the by-law, and to prohibit future residential uses on the retained agricultural lands.  A holding provision is also proposed in areas of high archaeological potential. 
The Planner, Amy Rogers explained the report and recommendation. 

Presentations from the Applicant
The applicant did not provide comments. 

Presentations from the Public
Any person or public body that has comments on the application were invited to speak. 

Questions and Clarifications from Council

Members of Council inquired about the term habitable in the report.  The County Planner indicated that this means it could be used for human habitation, not a requirement that it is. 

Members of Council discussed municipal drainage on the property, and inquired if Drain status can be included on a zoning by-law. County staff were not aware of a way to do so. Currently, where drainage impacts a property being considered for consent, a condition of severance is that requirements under the Drainage Act, are met. Council discussed difficulties with purchases of property after the severance has been complete by owners who don't understand drainage requirements. 

The Drainage Superintendent discussed providing education to Real Estate Agents and Lawyers on the Drainage Act.  Staff have been advocating for changes to the Act to mandate disclosure of drainage requirements at time of sale, including outstanding assessments. 

  • Resolution No.:04/23/2025 - 02
    Moved ByShari Flett
    Seconded ByScott Gibson

    THAT Council approve Zoning By-law Amendment Z-2025-003 as attached and the necessary by-law be brought forward for adoption. 

    Carried
  • Scott Gibson declared a conflict on this item. (Family member is a property owner.)

Councillor Gibson was not present for the discussion of this item. 

Joel Miller, P. Eng, K. Smart Associates Limited presented the Hamilton Municipal Drain 2025 Report. The acceptance of the report will be considered with item 8.1 Drainage Report DRA 2025-04.

Presentation from the Engineer

The Engineer presented the Drain report. Miller provided a high level summary of the history of drainage in the watershed, and the recommended work included in the report.  

Miller discussed delays to the project to determine a change in scope to the original petition.  Both landowners elected to restore the original scope of the project.  Additionally, there was a further wetland area project, at the constructed wetland downstream of the drain. 

Upstream of the open water area is to construct a long sediment track which aids in the function of the Towel branch, and providing an area for sediments to drop out in an area of the channel that can be maintained with traditional equipment.  The report also creates status under the drainage act for an area between the original drain and the wetland area.  It is for maintenance purposes only, and does not have related construction costs. 

Bank stabilization and cleanout works are recommended to occur as part of the construction. 

Presentations from the Public

All property owners affected by the drain had the opportunity to influence Council's decision.

Darryl Gibson, landowner inquired whether enough assessment had been attributed to the Duck's unlimited project, questioning if the design changed because of the Ducks Unlimited pond.  The Engineer provided information on the modification which were made to the outlet structure in the late 80's, confirming that the pond did not impact the current design.   Discussions relating to how assessment costs are distributed are considered during a Court of Revision. Miller indicated there is a line item in the assessments specific to the landowner where the pond is, assessing any costs attributed to the pond directly to them. 

The Mayor provided opportunity for any petitioner to withdraw from the petition or any other owners in the area requesting drainage to sign the petition.  No one added or removed names from the petition. 

Questions and Clarification from Council

The Engineer noted that many options were explored for changing the style of watercourse from open drain to closed drains.  Members of Council inquired as to the impact that exploring these options had to the overall costs of the project. Miller stated that from a design and consulting standpoint, all costs associated with looking at closures, had been separated from the other watershed, and assessed to the two landowners who requested this investigation.  Consulting with the outside agencies would need to have happened at any rate, and exploring these options helped expedited the required approvals and permits  

Council discussed the locations of the tile outlets into the Towel Drain, and the benefits of slowing the water before it enters the watercourse.  Council asked the Engineer if there had been any indication that tiles were constructed on the unopened road allowance to the west of that drain.  Miller confirmed that there is one from the property to the west, as there is a poor condition culvert there now, the culvert was not deep enough to be tiled into.  The Engineer noted that an additional petition under Section 4 would be required to provide a legal outlet at that location. 

Members of Council asked for information on how engineering costs were tracked over such a long period of time.  Miller confirmed that records including invoicing records were available from the period prior to Miller's appointment to the project. Additionally, Miller told Council that the engineering cost amounts reflect what the firm believes would be reasonable had the report been produced earlier, and that actual engineering costs are higher.  

A resident, Owen thanked the Engineer for keeping the natural heritage features while advancing the needs of neighbors.  

At the request of Council all items listed within agenda item # 8 were considered directly after agenda item 6.1 Hamilton Drain.  

At the request of Council, this item was moved on the agenda for consideration directly following the Engineers Report.  

Councillor Gibson returned to the table having been advised that there is no requirement in the conflict of interest act to disclose a pecuniary interest on matters considered under the Drainage Act. 

The Drainage Superintendent provided comments that this report required collaboration between many agencies, satisfied the requirements of landowners, and provides governance to the Municipality to resolve some issues between the existing drain and the water wetland features in the watershed. 

  • Resolution No.:04/23/2025 - 06
    Moved ByJim Hanna
    Seconded ByShari Flett

    THAT the Township of Huron-Kinloss Council accepts the Hamilton Municipal Drain Report, dated April 1, 2025, prepared by K. Smart & Associates Limited;

    AND FURTHER authorizes a provisional by-law to be brought forward as Matters Arising;

    AND FURTHER appoints the Court of Revision(COR) for the Hamilton Drain as follows;

    Township of Huron-Kinloss Representative James Hanna as Chair of the CoR,

    Township of Huron-Kinloss Representative Ed McGugan and

    Township of Ashfield-Colborne-Wawanosh Representative Glen McNeil;

    AND FURTHER sets the CoR date, pending confirmation of availability from the appointed Engineer and CoR members.

    Carried

Members of Council inquired as to the  status of the Black Creek Drainage Report requesting a time frame.  Staff have not received a time frame as yet from the appointed Engineer.  Members of Council reported water backing up through Kinlough, and inquired about maintenance opportunities on the Black Creek to remove beaver dams and provide some relief.  Council discussed various other areas in the Black Creek Watershed where water is backed up, and requested whether obstructions can be removed now. Council inquired about the timing of access for maintenance, which Staff confirmed must be done without Conservation Authority (CA) timing windows which vary by CA. 

The Drainage Superintendent reviewed the requirement for a by-law to be in place to provide governance over the Drain and authority to enter onto the lands.  The area in question does not have a by-law currently, as Staff are waiting for the Engineer to complete the report.  Council inquired if Emergency powers under the Drainage Act could assist staff in performing emergency maintenance works.  Staff will look into whether it can be done for maintenance, as this is typically used for construction. Staff to bring back a report on possible solutions.  

Council inquired about possible re-appointment of engineer if required.  Staff confirmed this is an option, but noted that this drain has already been transferred once to a new firm.  The new firm appointed an Engineer that worked for the previous firm, and as such was familiar with the project. 

At Council's inquiry Staff confirmed there are three processes which can be used for installing a private crossing over a municipal drain: 

1) Section 78 Minor Improvement - typically at landowners own costs. 

2) Section 78 Major Improvement Request would involve the entire watershed. 

3) Landowner can inquire with Township about minimum culvert requirements and could install privately taking on any private risks such as obstructions or washouts.  Any maintenance on that would be at the owners expense.  The Drainage Engineer recommended a process be put in place for these types of requests, as they may require engineered drawings even though it's privately installed. 

Council inquired about Bruce Beach Drain Phase Two and if timing of the information meeting would be this summer.  Staff understand that is the expectation.  

Staff provided a verbal update on the Stewart Municipal drain meeting held on April 23, 2023. The verbal updated included the following information: 

Maintenance work was conducted on the Stewart Municipal Drian in the fall of 2024 which was halted when concerns were identified.   A report was provided to council members on February 3, 2025, informing them of the issued.  

Staff provided options to the landowners to consider.   

  1.  Continue Maintenance and Repair downstream of the culvert: The ditch grades are within design tolerances at 0.25%, with minor sediment buildup requiring 4–6 inches of removal at various locations to restore continuous grade and flow.  Removing the sediment deposits will help the functionality of the drain downstream of the issues.  
  2.  Appoint an engineer to address the issues: Landowners could sign a section 78 Improvement request and have an engineer address the outstanding issues and improve the overall drainage of the lands. 

It was decided by the landowners to proceed with option 1 and monitor the drain. 

  • Resolution No.:04/23/2025 - 07
    Moved ByEd McGugan
    Seconded ByLarry Allison

    THAT the Township of Huron-Kinloss Council hereby receives for information Report DRA-2025-07 prepared by Ken McCallum, Drainage Superintendent;

    AND FURTHER THAT Council direct Staff to bring forward a report on options to expedite resolving drainage concerns within the Black Creek Watershed.  

    Carried

Council inquired about what would happen if a new owner bought the property and wished to recreate a municipal drain.  This would require a petition from the new landowners, and would need to meet current drain construction standards, which would be significantly different than the standards on the drain being abandoned. 

  • Resolution No.:04/23/2025 - 08
    Moved ByScott Gibson
    Seconded ByJim Hanna

    THAT the Council of the Township of Huron-Kinloss hereby accepts the request for the abandonment of the Carruthers Drain as submitted by the affected landowners, and outlined in Report DRA-2025-05, thereby formally terminating the Township’s responsibilities under the Drainage Act with respect to the specified portion of the Carruthers Municipal Drain;

    AND FURTHER THAT Council authorizes Staff to issues notice to all affected landowners advising them of Council’s decision to abandon the relevant portion of the Carruthers Municipal Drain in accordance with the requirements of the Drainage Act;

    AND FURTHER THAT Staff be directed to bring forward a by-law to abandon the drain, pending confirmation that no notice has been received requesting an engineer’s report during the required notice period.

    Carried

At the request of Council, the Financial reports in agenda item #7 were considered after the Drainage items in Agenda item #8. 

  • Resolution No.:04/23/2025 - 03
    Moved ByEd McGugan
    Seconded ByJim Hanna

    THAT the Township of Huron-Kinloss Council hereby ratifies and confirms payment of the March 2025 accounts in the amount of $4,372,397.09.

    Carried
  • Resolution No.:04/23/2025 - 04
    Moved ByLarry Allison
    Seconded ByShari Flett

    That the Township of Huron-Kinloss Council hereby authorizes payment of the April accounts in the amount of $695,068.20

    Carried
  • Resolution No.:04/23/2025 - 05
    Moved ByScott Gibson
    Seconded ByEd McGugan

    THAT Township of Huron-Kinloss Council hereby reviews and receives the summary revenue and expenditure reports to March 31, 2025 prepared by Christine Heinisch, Treasurer.

    Carried
  • Resolution No.:04/23/2025 - 09
    Moved ByShari Flett
    Seconded ByLarry Allison

    THAT the Township of Huron-Kinloss Council hereby receives for information Report TRE-2025-15 prepared by Phyllis Hunter, Taxation/Revenue Clerk.

    Carried
  • Resolution No.:04/23/2025 - 10
    Moved ByShari Flett
    Seconded ByEd McGugan

    THAT the Township of Huron-Kinloss Council herby receives Report TRE-2025-18 as prepared by Phyllis Hunter, Taxation/Revenue Clerk.

    AND FURTHER THAT Council approve the applications as outlined in this report.

    Carried
  • Resolution No.:04/23/2025 - 11
    Moved ByScott Gibson
    Seconded ByLarry Allison

    THAT the Township of Huron-Kinloss Council hereby receives for information Report CAO-2025-10 prepared by Leanne Scott, Human Resources Generalist.

    Carried

Members of Council recognized efforts of Staff and noted that the report outlines the type of work that happens in the background every day to advance the priorities of the Township and which largely goes unnoticed.  Council commended linking the actions to the adopted Strategic Plan.

  • Resolution No.:04/23/2025 - 12
    Moved ByLarry Allison
    Seconded ByJim Hanna

    THAT the Township of Huron-Kinloss Council hereby receives for information Report CAO-2025-11 prepared by Jodi MacArthur, Chief Administrative Officer.

    Carried

Council discussed the requirement for a service such as refreshment vehicles, to provide food to the residents of the area.  Members of Council suggested that parking and traffic may be improved with refreshment vehicles being permitted at the site.    

Staff suggested that single day permits for special events may be a way to trial this through the year and monitor outcomes.  In future years operating at a designated location at that site could be determined through an open proposal process.

Staff were directed to identify whether amendments could be made to the existing contract with Parks Canada to permit food vendors operating on those lands. 

  • Resolution No.:04/23/2025 - 13
    Moved ByJim Hanna
    Seconded ByScott Gibson

    THAT the Township of Huron-Kinloss Council hereby by receive for information Report CLK-2025-12;

    AND FURTHER THAT staff be directed to remove the restriction for the Point Clark Lighthouse property and bring  forward a report to identify how to implement day use at this location. 

    Carried

Council discussed areas of concerns, noting that decisions made using strong mayor powers have not been tested in the courts, and inquired about checks and balances that could be put in place if a Mayor were abusing these powers. 

Council discussed the need for experience on Council prior to becoming Mayor and exercising these powers, and suggested that these powers should only be used by a Mayor who has already completed a full term of Council.

The potential for a person to run for Council solely to use these powers to disrupt governance of the Township, or remove someone from their position who they had conflict with were identified as areas of concern.    

Council discussed whether Council decisions were the restricting factor for building new homes or whether other factors such as lack of construction materials, construction workers, inflation and the cost of borrowing had more impact rurally.  Staff confirmed that there is a lack of data currently available, and no known ongoing research on whether these measures have been successful in creating more houses.  

Council requested more information regarding the use of the powers and requested staff research policies on how to implement delegation of the powers and their uses.  Staff will provide additional information and training as it becomes available.  

  • Resolution No.:04/23/2025 - 14
    Moved ByLarry Allison
    Seconded ByEd McGugan

    THAT the Township of Huron-Kinloss Council hereby receives for information Report CLK-2025-13 prepared by Jennifer White, Manager of Legislative Services/Clerk;

    AND FURTHER directs Staff continue to investigate the impacts and anticipated administrative and procedural changes and report back to Council; 

    AND FURTHER directs Staff to prepare comments to the Minister of Municipal Affairs and Housing for Council consideration.  

Mayor Murray left the meeting at 9:06, the Deputy Mayor took the chair.  

  • Resolution No.:04/23/2025 - 15
    Moved ByScott Gibson
    Seconded ByShari Flett

    THAT the "2025 Tax Rate By-law" be deemed to be read a first, second, third time and finally passed and numbered as By-law No. 2025 - 35.

    Carried
  • Resolution No.:04/23/2025 - 16
    Moved ByShari Flett
    Seconded ByEd McGugan

    THAT the "Bruce Beach Drain Actual Cost Apportionment By-law" be deemed to be read a first, second, third time and finally passed and numbered as By-law No. 2025 - 36.

    Carried
  • Resolution No.:04/23/2025 - 17
    Moved ByLarry Allison
    Seconded ByJim Hanna

    THAT the "Lucknow Sports Complex - Land Transfer By-law" be deemed to be read a first, second, third time and finally passed and numbered as By-law No. 2025 - 37. 

    Carried

Mayor Murray returned to the meeting and resumed the chair at 9:07 p.m.

  • Resolution No.:04/23/2025 - 18
    Moved ByEd McGugan
    Seconded ByScott Gibson

    THAT the "Holding Removal 126 Boiler Beach Road By-law" be deemed to be read a first, second, third time and finally passed and numbered as By-law No. 2025-38.

    Carried
  • Resolution No.:04/23/2025 - 19
    Moved ByLarry Allison
    Seconded ByScott Gibson

    THAT the "Ripley-Huron Skating Club Occupancy Agreement 2025-2035 By-law" be deemed to be read a first, second, third time and finally passed and numbered as By-law No. 2025-39. 

    Carried
  • Resolution No.:04/23/2025 - 20
    Moved ByShari Flett
    Seconded ByEd McGugan

    THAT the "2025 Dust Control - 552976 Ontario Limited - Holland - Quote Acceptance By-law" be deemed to be read a first, second, third time and finally passed and numbered as By-law No. 2025-40. 

    Carried
  • Resolution No.:04/23/2025 - 21
    Moved ByEd McGugan
    Seconded ByJim Hanna

    THAT the "Asphalt Paving 2025 (Lavis Contracting) By-law" be deemed to be read a first, second, third time and finally passed and numbered as By-law No. 2025 -41.

    Carried
  • Resolution No.:04/23/2025 - 22
    Moved ByJim Hanna
    Seconded ByEd McGugan

    THAT the "2025 Gravel Resurfacing -Johnston Bros Bothwell Ltd - Tender Acceptance By-law" be deemed to be read a first, second, third time and finally passed and numbered as By-law No. 2025- 42. 

    Carried

Council inquired about the holdback for the contract for maintenance costs following the completion of a review of the quality of project.  Staff confirmed that the traditional holdback was being held until satisfactory completion of the project. 

Council requested more information regarding the expected extension of useful life of the asset.  Staff reported that this product is expected to add 8-10 years of expected extension of life for the asset, clarifying that within five years this roadway may need to be paved based on current condition assessments.  

  • Resolution No.:04/23/2025 - 23
    Moved ByLarry Allison
    Seconded ByScott Gibson

    THAT the "2025 Micro-Resurfacing (Duncor Enterprises Limited) Tender Acceptance By-law" be deemed to be read a first, second, third time and finally passed and numbered as By-law No. 2025-43.

    Carried
  • Resolution No.:04/23/2025 - 24
    Moved ByScott Gibson
    Seconded ByJim Hanna

    THAT the "Gough Street and Inglis Street Reconstruction (Omega Contractors Inc.) Tender Acceptance By-law" be deemed to be read a first, second, third time and finally passed and numbered as By-law No. 2025-44.

    Carried
  • Resolution No.:04/23/2025 - 25
    Moved ByScott Gibson
    Seconded ByEd McGugan

    THAT the "Regulate Refreshment Vehicle 2025 By-law" be deemed to be read a first, second, third time and finally passed and numbered as By-law No. 2025-45.

    Deferred
  • Amendment:
    Resolution No.:04/23/2025 - 25
    Moved ByEd McGugan
    Seconded ByScott Gibson

    THAT Consideration of the Refreshment Vehicle By-law be deferred pending a by-law update and the provision of a staff report regarding implementation considerations permitting refreshment vehicle operation at Lighthouse Park.  

    Carried
  • Resolution No.:04/23/2025 - 26
    Moved ByShari Flett
    Seconded ByScott Gibson

    THAT the "Z-2025-03 Snobelen Zoning Amendment By-law" be deemed to be read a first, second, third time and finally passed and numbered as By-law No. 2025-46.

    Carried
  • Resolution No.:04/23/2025 - 27
    Moved ByLarry Allison
    Seconded ByJim Hanna

    THAT the "Hamilton Municipal Drain By-law" be deemed to be read a first and second time and numbered as By-law No. 2025-47.

    Carried
  • Resolution No.:04/23/2025 - 28
    Moved ByJim Hanna
    Seconded ByScott Gibson

    THAT the Township of Huron-Kinloss Council hereby receives for information all items listed in Section 11.

    Carried
  • Resolution No.:04/23/2025 - 29
    Moved ByEd McGugan
    Seconded ByShari Flett

    THAT the Township of Huron-Kinloss Council hereby receives for information all items listed in Section 12.

    Carried

Council requested and update on the Damage done by Horseshoes to Township roads. 

A verbal report was provided by staff, noting that a previous status report provided to Council had indicated that a working group had been created to investigate this concern involving multiple municipal partners.  Currently that group is investigating composite compound horseshoes and will engage with manufacture and members of the horse drawn carriage community.  Work is ongoing, staff repeated concerns that regulating this area can be difficult to enforce. 

Council requested more information on a driveway situation on Wheeler Street. Staff reported that the approach with capital projects has been to pave areas that were gravel before capital work was performed and were used as a driveway, as this assists in maintaining grades. As the area being discussed was not a graveled travelled surface, the change from a lawn to a driveway, would not be considered at the cost of the ratepayers.  

Council discussed that the Drainage superintendent needs may be exceeding the current contracted two days a week.  The Mayor was directed to discuss with the CAO.  

The Mayor expressed congratulations to Councillor McGugan who has been appointed as the Second Vice Chair at the Conservation Ontario Annual General Meeting.  McGugan attended as the Maitland Valley Conservation Authority representative.  Anticipates a rural voice in Conservation Ontario may bring rural needs to the forefront.  

The Mayor provided a report from the Mayor's Break which was attended by approximately 30 residents.  The main discussions centered around Fire permits, and concerns about unhoused residents.  The Mayor noted that discussions were mainly positive. 

The Mayor requested that Staff investigate to determine the Huron-Kinloss residents who are 2025 King Charles Award recipients, so that they may be recognized at Council.

Congratulations were provided to the local Robotics Team, who participated in the World Robotics Championships in Houston, Texas. 

Council requested staff to provide additional information at an upcoming meeting of Council on the new legislative requirements for Additional Dwellings Units and Temporary Dwellings such as trailers, and "bunkies".  

Fire Chief would like to speak to the horse-drawn carriage community when that meeting is setup, to provide additional fire prevention education. 

  • Resolution No.:04/23/2025 - 31
    Moved ByJim Hanna
    Seconded ByLarry Allison

    THAT the Township of Huron-Kinloss Council move into closed meeting at 9:36 p.m. for the purpose of considering

    1) a proposed or pending acquisition or disposition of land by the municipality or local board (acquisition of land)

    pursuant to Section 239(2) of the Municipal Act, 2001, as amended;

    AND FURTHER THAT Council return to regular open meeting upon completion.

    Carried

Council arose from closed session at 9:51 p.m.

The Chair reported that a closed session had been held and direction provided to staff.

  • Resolution No.:04/23/2025 - 32
    Moved ByShari Flett
    Seconded ByScott Gibson

    THAT the "Confirmatory April" By-law be deemed to be read a first, second, third time and finally passed and numbered as By-law No. 2025-48.   

    Carried
  • Resolution No.:04/23/2025 - 33
    Moved ByScott Gibson
    Seconded ByEd McGugan

    THAT this meeting adjourn at 9:52 p.m.

    Carried
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