THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
COUNCIL AGENDA

Wednesday, April 10, 2024

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

Council Chambers, Municipal Administration Centre

​

---

1.

Call to Order/Roll Call

The Regular Meeting of the Council of The Corporation of the Municipality of Kincardine will be called to Order at 5:00 p.m. on April 10, 2024, in the Council Chambers at the Municipal Administration Centre.

1.1

Land Acknowledgment Statement

Councillor Steinhoff-Gray will open the meeting with the Land Acknowledgment Statement.

2.

Amendments, Additions or Deletions To/From the Agenda

3.

Disclosure of Pecuniary Interest and the General Nature Thereof

Link to Pecuniary Interest Form

4.

Adoption of Minutes from Regular and Special Meetings of Council 

• Motion #

  That the minutes of the Council meetings held on March 25, 2024 and March 27, 2024 be adopted as printed.

5.

Matters for Public Participation

5.1

Delegations and Presentations

a.

Bruce Power Update

James Scongack, Chief Development Officer and Executive Vice-President will provide Council with an update on Bruce Power and Bruce C Project.

b.

Kincardine Lion's Club

Dennis Flavell from the Kincardine Lion's Club will provide a presentation on the Club's 50th Anniversary.

6.

Matters for Discussion and Direction

6.1

Staff Reports

a.

Physician Recruitment and Retention Healthcare Priority Program Outline, Strategic Initiatives-2024-07

Maintaining a strong and resilient local healthcare system is a priority for the Mayors and Councils in both the Municipality of Kincardine and Town of Saugeen Shores. Since the previous healthcare partnership dissolved in late 2020, the Municipality has been working to reestablish a working relationship with Saugeen Shores. This report details a Healthcare Partnership Program that has been jointly developed by the Municipality of Kincardine and Saugeen Shores staff. The report seeks endorsement to continue this work and direct the Mayor and CAO, in partnership with Saugeen Shores, to advance a request to Bruce Power for their consideration in funding the program as outlined.

• Motion #

  That Council direct the Mayor and CAO to work with Saugeen Shores to advance a request to Bruce Power to fund the Healthcare Partnership Program as outlined.

b.

Award Highland Drive Re-Lining Water Main, Environmental Services-2024-12

The Highland Drive watermain was a project identified through the capital budget as a problematic watermain for staff. A recent history of watermain breaks, issues surrounding chlorine demand in the distribution system, and significant interior corrosion

• Motion #

  That Council award the contract for re-lining the watermain on Highland Drive in Kincardine to Fer-Pal Construction Ltd. for the bid price of $488,880.00 excluding HST.

c.

Award Kincardine and Tiverton Tower Maintenance., Environmental Services-2024-13

As part of a preventative maintenance program the Municipality of Kincardine has regular inspections of the Kincardine and Tiverton water towers. These inspections were completed in late 2022. The inspections identified considerations for both improvements and maintenance of tower conditions, as well as improvements of the safety component for accessing these towers. Staff are recommending awarding the contract to the low bidder.

• Motion #

  That Council award the contract for maintenance and safety improvements on the Kincardine and Tiverton water towers including all provisional items to MISCO Mulders Inspection Services for the bid price of $171,771.60 excluding HST.

d.

Housing Enabling Water Systems Fund, Environmental Services-2024-08

In 2023, the Province of Ontario originally announced the Housing Enabling Water Systems Fund (HEWSF) with intention to invest $200 million over three years to support projects related to water, wastewater, and stormwater infrastructure that will focus on additional housing opportunities. Through the 2024 Provincial Budget this was increased through an additional investment of $625 million for the HEWSF. Staff have reviewed project opportunities and suggest that the Municipality make an application to support the required upgrades to the Tiverton water supply system. The Municipality is completing an Environmental Assessment (EA) in 2024 which will help determine the projects’ particulars. Applications are due by April 19, 2024.

• Motion #

  That Council direct staff to make application for the Housing Enabling Water Systems fund for upgrades required to the Tiverton water supply to enable proposed growth and to address existing assets.

e.

2024 Hot Mix Paving Tender – Concession 8, Operations-2024-12

Council is being asked to award the tender for Hot Mix Paving Con 8 - S/R 15 - Boundary RD to the low bidder E.C. King Contracting for their tendered price of $924,928.60 which includes the non-refundable portion of HST. The tenders were prepared and reviewed in house by the Manager of Operations.

• Motion #

  That Council award project 9152 - 2024 Hot Mix Paving contract to E.C. King Contracting for their tendered price of $924,928.60 including the non-refundable portion of HST.

f.

Award Tandem Plow Truck, Operations-2024-13

The capital budget includes the replacement of a tandem plow truck. Due to market conditions and opportunities through the LAS Canoe group buying contract staff sourced an available unit through that opportunity with an expected delivery of early 2026.

• Motion #

  That Council award the contract for the Tandem Plow Truck to Viking Cives for the bid price of $444,579.26 including the non-refundable HST; and further

  That Council approves a budget amendment to increase the cost from $425,000 to $460,000 with the $35,000 overage to be funded through the Lifecycle Reserve Fund 82.

g.

Bike Lane Use by Mobility Scooters, Operations-2024-07

The Municipal Accessibility Advisory Committee (AAC) requested consideration for usage of designated bike lanes for mobility scooters. Staff consulted with others and through legal advice are suggesting that Council not permit the use of mobility scooters within Municipal bike lanes.

• Motion #

  That Council approve the uses within Municipal Road allowances for the purpose of bike lanes per Report Operations 2024-07; and further

  That mobility scooters are not permitted on the road within the bike lanes and shall continue to use sidewalks where available per the Highway Traffic Act.

h.

Municipal Crosswalks and Accessibility Review, Operations-2024-06

Council directed staff to review our crosswalks to ensure we are providing accessible spaces for the community to function. Through review of the existing inventory, staff confirm that we have designed these spaces in accordance with the Ontario Traffic Manual Book 15. Given that existing sites meet AODA standards, staff are not suggesting further upgrades to any of the existing sites. The AAC requested consideration to install audible devices at all crossings. Book 15 suggests these are only required at locations where traffic lights exist.

• Motion #

  That Council approved the continued use of best practices for design of public space while utilizing a variety of accessible design considerations per Report Operations 2024-06.

i.

Mystic Cove Gate Follow Up, Operations-2024-08

The Mystic Cove gate was opened from December 1, 2023, through February 29, 2024, based on By-law No. 2023-141. Prior to the opening of the gate and following the opening of the gate, vehicular statistics were collected to enable benchmarking on the impact of the gate opening. Staff consulted with key stakeholders following the closure of the gate and no concerns were raised by the stakeholders. The results indicate a successful approach to addressing access with the opening of the gates and suggest to Council that the practice continue as documented. Should there be significant weather events outside of the defined timelines, staff have the ability to open the gate under delegated powers within the By-law to ensure public safety during those events.

• Motion #

  That Council receive report Operations-2024-08 for information purposes.

j.

Updated Flag Protocol Policy, CAO General-2024-11

The two (2) flagstaffs located at the Kincardine Splash Pad are not considered Municipality of Kincardine Community Flagpoles within the Flag Protocol Policy GG.1.13. They were erected in collaboration with the Kincardine Lion’s Club and, to date, have not had flags raised or flown on them.

The Kincardine Lion’s Club have requested to raise and fly the Lion’s Club Flag to celebrate and honour the 50th anniversary of their charter. To accommodate this, staff are recommending a minor addition to the policy to include that the official Lion’s Club flag is listed as one of the permitted flags at either of the two flag poles located at the Kincardine Splash Pad.

• Motion #

  That Council approve an addition to policy GG.1.3 Flag Protocol to permit the Kincardine Lion’s Club to raise and fly the Lion’s Club flag in addition to the currently permitted flags of a municipal, provincial, and/or Canadian flag on the two (2) flagstaffs located at the Kincardine Splash Pad for an unspecified amount of time, at their discretion; and

  That Council direct staff to update the Flag Protocol Policy GG.1.13 under the new policy format and numbering system.

k.

Tree Ad Hoc Committee Recommendations – Policy and Private Tree By-law, CAO General-2024-09

The Tree Ad Hoc Committee is making recommendations to support both a policy related to tree canopy and natural vegetation, and a by-law to regulate native trees on private property.

The policy tools are being recommended to help support the overall protection and enhancement of tree canopy within the community, through measurement and reporting, education and awareness, specific programs, and regulation.

The regulation of trees on private property being recommended focuses on native species and is putting forward an approach that provides multiple exemptions to the regulation.

• Motion #

  That Council direct staff to prepare a by-law to adopt the draft Tree Canopy and Natural Vegetation Policy as recommended by the Ad Hoc Committee on the May 8, 2024 agenda.

• Motion #

  That Council direct staff to place the draft By-law to Regulate Native Trees on Private Property on the May 8, 2024 agenda.

l.

Holding Removal By-law – 554 Huron Terrace, Development Services-2024-08

The property owner has requested that the Holding “H1” provision be removed from the subject lands which is currently zoned R1-cc-H1 and R1-s-H1, located at 554 Huron Terrace, Kincardine. The provisions under Section 7.1.2 Holding (H1) Zone of the Comprehensive Zoning By-law outline the requirements to remove the H1 zone. Which include approval by the Zoning Administrator of an Archaeological Assessment which has been conducted by an archaeologist licensed by the Province of Ontario, confirmed by the appropriate Ministry to have been accepted into the Ontario Public Register of Archaeological Reports; and includes engagement with the Saugeen Ojibway Nation. As well as confirmation that the recommendations of the archaeological report have been implemented. Staff are satisfied that the provisions of the holding removal have been met.

• Motion #

  That the Council of the Municipality of Kincardine pass a by-law for the removal of the Holding ‘H1’ provision from TP S PT LOT 21 N PT LOT 22; HURON TERRACE W/S, Municipality of Kincardine (geographic Town of Kincardine).

6.2

Addendum Items

7.

Matters for Decision

7.1

Notice of Motion - At the Meeting

7.2

Consideration of By-laws

a.

2024 Taxation By-law

• Motion #

  That the “2024 Taxation By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2024 - 

b.

Motion to Pass By-laws

• Motion #

  That the following By-laws are hereby read a first, second and third time, and finally passed this 10th day of April, 2024:

  1. Award the Relining Watermain on Highland Drive Tender (RFT 02-9516) By-law 2024 - 

  2. Award the Kincardine and Tiverton Water Towers Tender (RFT 02-9532) By-law 2024 -

  3. Award the Hot Mix Tender (RFT 2024-02) By-law 2024 - 

  4. Award the Tandem Plow Truck Contract By-law 2024 - 

  5. Flag Protocol Policy By-law 2024 - 

  6. Amendment to Zoning By-law No. 2003-25, Holding Removal 554 Huron Terrace By-law - 

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.

Statistical and Information Reports

Recommendation: Receive and file statistical reports.

a.

Environmental Services Compliance Report March 2024, Environmental Services-2024-11

b.

Infrastructure and Development First Quarter Report, Infrastructure Development Quarterly Report-2024-03

c.

Spring Clean Week, Recreation and Community Programs-2024-03

b.

Minutes of Committees and Boards

Recommendation: Receive and file minutes.

a.

Accessibility Advisory Committee Minutes

c.

Communications

Recommendation: Receive and file all communications.

a.

Association of Municipalities of Ontario

a.

Watchfile March 21, 2024

Link to newsletter

b.

Watchfile March 28, 2024

Link to newsletter

b.

AMO Policy Update - 2024 Ontario Budget and National Housing Strategy Funding

c.

Bruce County Museum and Cultural Centre

a.

Celebrate National Canadian Film Day

b.

Thank you letter

d.

Christina Wahi - The Secord Monument and public engagement

e.

Harriet Suter - Tree bylaw

f.

Ontario's Nuclear Advantage - Register for webinar Ac-225 Spotlight - Nurturing TaT from Production to Patient Care and Beyond

g.

Motions other Municipalities

a.

City of Brantford - Home Heating Sustainability

b.

Town of Fort Erie - Amend Ontario Heritage Act - Subsection 27

c.

Town of Shelburne - Eradicate Islamophobia and Antisemitism

d.

Township of Adelaide Metcalfe - Request to Increase Tile Drain Loan Amount

e.

Township of Clearview - Endorsement of Bill C-63 in the House of Commons

d.

Acceptance of Consent Agenda

• Motion #

  That Council approve the recommendations contained in the consent agenda dated April 10, 2024 and direct staff to proceed with all necessary administrative actions.

8.2

Members of Council General Announcements

8.3

Chief Administrative Officer Announcements

9.

Closed Session (If Required)

9.1

Matters Arising from Closed Session

10.

Confirmatory By-law

• Motion #

  That the By-law to confirm the proceedings of the Council of The Corporation of the Municipality of Kincardine Meetings of April 10th, 2024 be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2024 - 

11.

Adjournment

• Motion #

  That this Council Meeting adjourn at ______ p.m.