THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
COUNCIL AGENDA

Wednesday, August 14, 2024

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

Council Chambers, Municipal Administration Centre

​Link to View Meeting Live on the Municipality of Kincardine YouTube Channel

---

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 August 14, 2024, in the Council Chambers at the Municipal Administration Centre.

1.1

Land Acknowledgment Statement

Deputy Mayor Clarke 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 July 24, 2024 be adopted as printed.

5.

Matters for Public Participation

5.1

Committee of Adjustment

Link to Committee of Adjustment Agenda

• Motion #

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

5.2

Public Meeting

a.

Applicant: Majestic Energy Inc. c/o Henry Meyer - 232 Concession 6

Planning Report: Z-2024-023

The Planner will explain 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

The applicant may provide comment on the application.

Presentations from the Public

Any person or public body that has comments on the application will be heard.

Questions and Clarifications from Council

The Members of Council may question and make clarification on the application. No decision is rendered at this time. Council will consider the application at their regular meeting.

• Motion #

  That Council approve Zoning By-law Amendment Application Z-2024-023 for Majestic Energy Inc. c/o Henry Meyer for 232 Concession 6, (Bruce Township) Municipality of Kincardine.

5.3

Delegations and Presentations

a.

South Bruce Grey Health Centre

Nancy Shaw, CEO will be making a presentation on behalf of the South Bruce Grey Health Centre

b.

Kincardine & Community Health Care Foundation

Murray Elston and Graham Mahood will be making a presentation on behalf of the Kincardine & Community Health Care Foundation

6.

Matters for Discussion and Direction

6.1

Staff Reports

a.

Inverhuron Upper Park, Parks Facilities-2024-18

Staff have been approached by an interested party called the Inverhuron Non-Profit Development Corporation (INDC) to consider entering into an agreement for the purposes of managing and improving the Inverhuron Upper Park.

• Motion #

  That Council direct staff to enter into discussions with Inverhuron Non-Profit Park Development Corporation for the purposes of a parkland lease agreement for Inverhuron Upper Park; and

  That Staff report back at a later date with a proposed Agreement for Council’s consideration.

b.

53 Whippoorwill Lane – Encroachment Agreement, Development Services-2024-21

The new property owners at 53 Whippoorwill Lane are requesting to enter into a new encroachment agreement to continue the use of the existing shed and stairs that encroach onto the shore road allowance. The previous property owners had an active Encroachment Agreement last renewed in 2021. The Encroachment Agreement Policy has been followed and staff have no concerns to proceed.

• Motion #

  That the Council of the Municipality of Kincardine pass a By-law to enter into an Encroachment Agreement with Abigayle and William Pawson for 53 Whippoorwill Lane and authorize the Mayor and Clerk to sign all related documentation.

c.

Development Agreement Exemption – 729 Bruce Road 23, Development Services-2024-23

The parcel of land located at 729 Bruce Road 23 was severed off the lands known as Part Lots 49 and 50, Concession A, Block 16 RP 3M-183 in the geographic Township of Kincardine. Two (2) other parcels of land were also severed from the same parcel. As a condition of severance, the owner was required to enter into a registered Agreement with the Municipality, in consultation with the Conservation Authority, to address drainage, building location, and vegetation retention. The owner was not intending to develop the severed lots themselves, so an Interim Development Agreement was entered to satisfy the condition of severance. The Interim Agreement required a further development agreement be entered into, prior to development of the lands.

• Motion #

  That the Council of the Municipality of Kincardine rescind By-law No. 2010-103 being a By-law to Authorize the Signing of an Interim Development Agreement with Susan K. Pryde to exclude the property known as PT BLK 16PL 3M183, PT 3 3R9067; Municipality of Kincardine (729 Bruce Road 23) from the requirements of the Interim Agreement; and

  That the Interim Development Agreement be removed from title on the property known as PT BLK 16PL 3M183, PT 3 3R9067; Municipality of Kincardine (729 Bruce Road 23); and

  Further that Council authorize the Mayor and Clerk to execute all required documentation on behalf of the Municipality.

d.

Sign Bylaw Exemption – 219 Lambton St – Kincardine Royal Canadian Legion, Development Services-2024-24

A sign permit application has been received for the installation of a new ground sign that will replace the existing sign currently located on-site. The sign will be in the same location along the southerly portion of the lot (adjacent to Lambton St.) and will be 52” high and 67” wide. The current existing sign is not illuminated where the new sign will consist of a programmable LED display. Relief from Sign Bylaw 2003-136, section 2.17 is sought as the site is zoned Residential R1, which prohibits illuminated display signs. In addition, relief from section 3.0(iv) will also be required as the proposed sign will be 2.25 square metres which exceeds the maximum sign area in residential zones of 2 square metres.

• Motion #

  That the Council of the Municipality of Kincardine grant a sign exemption request from Section 2.17 and 3.0(iv) of Bylaw 2003-106 for the placement of an LED ground sign located at 219 Lambton St. Kincardine – Royal Canadian Legion.

e.

Vactor Truck Business Case, Operations-2024-20

The vactor truck is a versatile piece of equipment that is used to safely excavate soil using high pressure water that breaks up the ground composition into a slurry and the truck is also equipped with a vacuum hose that removes the slurry into the on-board holding tank. The truck is outfitted with a rodder pump and hose that can be utilized to clean and flush out sewer systems throughout the Municipality. With the current owned vactor requiring a significant number of repairs for the annual safety it was removed from service in March of 2024, as it was determined to that such a significant investment into an older unit was not financially prudent. This unit has already exceeded its recommended replacement date. A review of usage of the vactor unit requirements for the Municipality was undertaken to weigh the options for replacement of the unit versus contracting the service to external suppliers. It was determined through this case study that it would be the most economical to purchase a new vactor truck based on the required and potential usage in the Municipality and opportunity for leasing to gain revenue to help offset some of the cost of the unit.

• Motion #

  That Council receive report Operations-2024-20 for information purposes for consideration of purchasing a new vactor truck within the 2025 budget to be considered during 2025 budget deliberations.

f.

KWTP Raw Water Intake Line, Environmental Services-2024-22

Council is being asked to support the creation of a new project to complete vital repairs to the Raw Water Intake Line feeding the Kincardine Water Plant. Additionally, based on the difficult nature of the project Council is being asked to support that the project be sole sourced through our procurement policy under the following sections; 3.2 Only One Supplier (absence of competition due to technical reasons and 3.9 Emergency: necessary, to obtain Goods or Services required in the event of an emergency (An imminent or actual unexpected interruption of a public service essential to the community).

• Motion #

  That Council approve a budget amendment to add a new 2024 Capital Project KWTP Raw Water Intake Line with an estimated cost of $300,000 dollars funded from the Water Reserve Fund 68, to complete necessary repairs on the intake line feeding the water plant in Kincardine; and

  Further, that Council supports a staff recommendation to work in conjunction with the contracted municipal engineers to evaluate the difficult conditions of this project and apply the exemptions of 3.2 and/or 3.9 of the Procurement Policy to allow the project to sole sourced to support success and safe completion to ensure the delivery of water to the drinking water system.

6.2

Addendum Items

7.

Matters for Decision

7.1

Notice of Motion - At the Meeting

7.2

Motions

a.

Call to action to meet the deadline of an Accessible Ontario by 2025

The Accessibility Advisory Committee by Resolution #07/25/24 AAC - 03,  recommended that Council support the City of Stratford Resolution No. 2024-151 regarding a Call to Action to Meet the Deadline of an Accessible Ontario by 2025.

• Motion #

  That Council  support the City of Stratford Resolution No. 2024-151 regarding a Call to Action to Meet the Deadline of an Accessible Ontario by 2025.

   

7.3

Consideration of By-laws

a.

2024 Budget Amendment (1) By-law

• Motion #

  That the “2024 Budget Amendment (1) By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2024 - 

b.

Appoint Guy Gallant Fire Chief By-law

• Motion #

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

c.

Vanderveeken Drain Agreement (2024) By-law

In 2022, a request was made under Section 2 of the Drainage Act and requested to the Municipality for consideration. The process of starting a Mutual Agreement Drain concluded in December 2023.  A Mutual Drain Agreement with Vanderveeken Farms Inc. was approved by Council on January 10th, 2024.  Prior to registration of the Agreement, the property sold to Kincardine Farmland Holding Inc., and a new agreement is required.  

• Motion #

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

d.

Motion to Pass By-laws

• Motion #

  That the following By-laws are hereby read a first, second and third time, and finally passed this 14th day of August, 2024:

  1. Amendment to Zoning By-law 2003-25, 232 Concession 6, Municipality of Kincardine (Bruce Township) (Meyer) By-law 2024 -  

  2. Pawson 2024 Encroachment Agreement (53 Whippoorwill Lane) By-law 2024 - 

  3. Rescind By-law 2010 – 103 Interim Development Agreement (Pryde) By-law 2024 - 

   

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 July 2024, Environmental Services-2024-20

b.

2024 6-Month Financial Report, Financial Services-2024-16

c.

Physician Recruitment and Retention Update August 2024, Strategic Initiatives-2024-13

d.

Strategic Action Plan Process Update, CAO General-2024-21

b.

Minutes of Committees and Boards

Recommendation: Receive and file minutes.

a.

Accessibility Advisory Committee Minutes - May 30, 2024

b.

Accessibility Advisory Committee Minutes - June 17, 2024

c.

Saugeen Valley Conservation Authority, May 16, 2024

d.

BIA, July 16, 2024 - Draft

c.

Communications

Recommendation: Receive and file all communications.

a.

Association of Municipalities of Ontario

a.

Watchfile, July 18, 2024

Link to newsletter

b.

Watchfile, July 25, 2024

Link to newsletter

c.

Policy Update - Call to Action - Social and Economic Prosperity Review

b.

Bruce County Museum and Cultural Centre - Fall registration now open

c.

Municipal Policing Bureau - OPPA agreements

d.

Saugeen Valley Conservation Authority - Public consultation on key strategies

e.

William Coleman - Fox population explosion in Connaught Park area

f.

Motions from other Municipalities

a.

City of Toronto - Request Province to Support Family Physicians

b.

Municipality of Wawa

a.

Asset Retirement Obligations

b.

Immediate Action Needed to Support Ontario's Forest Sector

c.

Town of Bradford West Gwillimbury - Ontario Long Service Medals

d.

Town of Plympton-Wyoming - Underserviced Cellular Communications

d.

Acceptance of Consent Agenda

• Motion #

  That Council approve the recommendations contained in the consent agenda dated August 14, 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)

• Motion #

  That Council move into closed session pursuant to Section 239 (2) of the Municipal Act, 2001, as amended for the purpose of considering:

  1) The Closed Session minutes dated June 12, 2024 and June 26, 2024; 

  2) A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the Municipality or Local Board (Financial Considerations Associated with Payment in Lieu); 

  3) Advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Municipal Servicing Legal Opinion);

  4) A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the Municipality or Local Board (Kincardine Family Health Organization - Medical Office Lease); and

  Further, that Council return to Regular open meeting upon completion.

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 of August 14, 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.