THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
COUNCIL AGENDA

Wednesday, November 08, 2023

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

Council Chambers, Municipal Administration Centre

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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 November 8, 2023, in the Council Chambers at the Municipal Administration Centre.

1.1

Land Acknowledgment Statement

Councillor Prenger 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 October 25, 2023 be adopted as printed.

5.

Unfinished Business

6.

Matters for Public Participation

6.1

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.

6.2

Public Meeting

a.

Applicant: Breymark Homes - Maple Street, Tiverton

Planning Report: S-2023-004 and Z-2023-023

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.

6.3

Delegations and Presentations

a.

Stephen Rouse, Airport Update

Stephen Rouse, Airport Manager for the Kincardine Airport, will provide an update on the airport.  

7.

Matters for Discussion and Direction

7.1

Staff Reports

a.

Draft Plan of Subdivision S-2022-004 and Zoning By-law Amendment Z-2022-054 (Fast Holdings Ltd.)

The applicant is proposing to develop 8.55 ha of land in Tiverton into a new 88 residential unit subdivision comprising of:

• 26 single detached dwelling lots;
• 22 semi-detached dwelling lots;
• 40 townhouse dwelling lots;
• 1 open space block;
• 1 stormwater management block;
• 1 stormwater conveyance block;
• 2 temporary road / future development blocks;
• 1 lot addition; and
• An internal road network with three accesses to Maple Street. 

• Motion #

  That Council send notice to the County of Bruce Approval Authority, to approve Draft Plan of Subdivision S-2022-004 by Fast Holdings Ltd. in accordance with the Draft Plan and Conditions of Draft Approval; and

  That Council approve Zoning By-law Amendment Z-2022-054 by Fast Holdings Ltd. as attached and the necessary by-law be forwarded to Council for adoption; and

  Further that Council resolve that no further notice is necessary with respect to the minor change in the proposed Zoning By-law Amendment in accordance with the provisions of Section 34(17) of the Planning Act.

b.

IT Services Agreement, -2023-31

In 2022, the Municipal Innovation Council (MIC) initiated a Joint IT Business Analysis Review, engaging GHD Digital to support the review and develop an IT strategy. The MIC’s member municipalities identified that improving IT service delivery was a key area that needed to be explored further and recognized an opportunity to benefit from an IT shared services model.

The Municipality of Kincardine currently has one employee dedicated to IT. There is a need to increase our IT human resources in order to better protect the Municipality from security risk, as well as to simply keep up with day to day demands on IT including help desk and troubleshooting, procurement, application support, etc. The Municipality has seen significant expansion in the number of applications and IT systems being deployed across the organization, and the current IT staffing is unsustainable.

In an effort to mitigate this risk, Municipal and County staff have explored the idea of an IT Services Agreement that was first introduced in the Joint IT Business Analysis Review. After several months of discussion and investigation into this model, an agreement has been drafted and is attached for Council’s consideration.

• Motion #

  That Council approve the attached IT Services Agreement with the County of Bruce; and

  Further that the Base Cost of $100,000 be included in the draft 2024 budget.

c.

2023 Budget Amendment Dredging, Parks Facilities-2023-19

As part of the 2023 budget deliberations, Council approved $150,000 for the purposes of dredging the Kincardine Marina. With an extended approval process through the Department of Fisheries and Oceans due to fish habitant, dredging could not occur in 2023 as originally anticipated. Since that time, further investigation has revealed that the costs have increased significantly due to further investigation of the degree of silt that has accumulated within the Marina basin.

• Motion #

  That Council approve a budget amendment of an additional $167,505 for the purposes of dredging the Kincardine Marina, for a total project cost of $317,505; and

  Further that, the project be funded from the Marina Reserve Fund 69 ($74,000), Kincardine Yacht Club financial contribution of ($85,000) and through the 2024 Marina Operating Budget ($158,505).

d.

Budget Amendment Fuel Tanks, Parks Facilities-2023-20

The existing gas and diesel, below-ground fuel tanks are 33 years of age. Life expectancy on fuel tanks is less than 30 years due to risk perspective. Due to unexpected insurance requirements, the tanks are required to be replaced prior to the 2024 boating season to ensure compliancy and insurance coverage.

• Motion #

  That Council approve a 2023 budget amendment in the amount of $328,000 for the removal and installation of above-ground fuel tanks located at the Kincardine Marina; and

  That the replacement of the tanks be funded through any balance remaining in the Marina RF 69 such that this fund in is depleted entirely (estimated at $150,000); and

  Further that the estimated unfunded portion remaining of ($178,000) be funded by a repayment of the annual Marina profits until the amount is repaid in full (estimated at 3 - 4 years payback).

e.

Expansion of the Kincardine Water Supply System and Treatment Plant Schedule ‘C’ EA Update, Environmental Services-2023-43

This report is a summary of the Expansion of the Kincardine Water Supply System and Treatment Plant Schedule C Municipal Class Environmental Assessment to date, and identifies the next steps required for moving forward with the issuance Notice of Environmental Study Report (ESR) to start the 30-day public review period.

• Motion #

  That Council direct staff to issue the Notice of Expansion of the Kincardine Water Supply System and Treatment Plant Schedule C Municipal Class Environmental Assessment Environmental Study Report (ESR) for public review.

f.

Roach Mutual Agreement Drain, Environmental Services-2023-38

In 2020, a request was made under Section 2 of the Drainage Act and requested to the Municipality for consideration. This request was forwarded to the Drainage Superintendent for review and determination of boundaries and watershed area. This process indicated four private property owners who would benefit from the drainage works, and the Municipality of Kincardine as well. The process of starting a Mutual Agreement Drain commenced which concluded in October 2023.

• Motion #

  That Council accepts the Mutual Agreement Drain (MAD) report as provided and pass a By-law to authorize the Agreement.

g.

The Use and Installation of Community Safety Zones and Traffic Calming Implementation Policy, Operations-2023-25

The Municipality of Kincardine receives several requests each year to install Community Safety Zones and Traffic Calming measures in neighbourhoods. Unfortunately, the Municipality is unable to accommodate all the requests within current resources, nor are all locations suitable for community safety zones and/or traffic calming. Staff are proposing that Council support a standardized approach to addressing community safety zones and traffic calming requests submitted for review.

The Use and Installation of Community Safety Zones outlines how they are selected for review and outlines the implementation process and characteristics of selected segments of roadway where they are designated.

The proposed Traffic Calming Implementation Policy details the Municipality’s:
- Process for receiving, evaluating, and responding to traffic calming requests;
- Evaluation methodology for determining if traffic calming is appropriate for a given street;
- List of applicable traffic calming measures

• Motion #

  That Council approve The Use and Installation of Community Safety Zones Policy as presented; and further

  That Council approve the Traffic Calming Implementation Policy as presented.

h.

Traffic and Parking By-Law Amendment, Operations-2023-24

Staff is recommending updates to the existing Traffic and Parking By-law to confirm the following;

- Dates for maintenance of dedicated bike lanes, including Huron Terrace- Broadway to Saratoga, Queen St- Durham Market S to Bruce Ave, Bruce Ave- Princes to Park St. for May 1 to October 31.

- Identify that where the lane of a road has been designated for the use of bicycles, no person shall park, stand or stop in the bike lane along the marked roadway.

- Confirm that mobility scooters are not permitted on dedicated, marked bike lanes.

- Identification of no parking in the following areas: at guard rails on Farrell Drive, at Greenfield Energy; at the circle located at the dead-end of Hunter Street; at the South end of Birchwood Ave; at Alma/Jordan no parking for a portion of the year (winter months); at Huron Terrace and Gary Street by townhouses; and at Mahood-Johnston along both sides from the Fire Hall to Bruce Ave.

- Confirm accessible parking on Queen Street be updated to reflect the changes after Queen Street construction.

- Additional crossovers on Bruce Avenue, at Princes Street and also Park Street to be included.

- Confirm speed on residential roads to be reduced to 40 kilometers per hour, with exceptions, which include: Albert Street, Broadway Street, Farrell Drive, Kuhener Street, Kincardine Ave, Lorne Beach Road, Queen Street, Scotts Point Road, Sutton Street, Upper Lorne Beach Road. Victoria Street to be reduced to 30 kilometers per hour. Institute Road to be reduced to 20 kilometers per hour.

- Addition of Stop sign at the intersection of Lambton and Saugeen Streets.

- Removal of the drop off zone on Queen in front of the Art’s Centre; as reconstruction has converted this area into parallel parking.

- Addition of a drop off zone along River Lane by the high school on the west side.

• Motion #

  That the amendments as set out in Report Operations-2023-34 to the Traffic and Parking By-law No. 2019-165 be approved.

7.2

Addendum Items

8.

Matters for Decision

8.1

Notice of Motion - Prior to the Meeting

a.

Enhancing Quality of Life

• Motion #
  Moved by: Mike Hinchberger
  Seconded by: Doug Kennedy

  Whereas the Integrated Strategy 2.0 contains Focus Area C: Enhancing quality of life; and

  Whereas this focus area includes Strategic Objective 9: Enhance the experience at the lakefront; and

  Whereas this focus area also includes Strategic Objective 8: Create vibrant parks, green space, recreation facilities and programs for residents or visitors of all ages and abilities; and

  Whereas this strategic objective includes Action 8.5: Enhance pedestrian and cycling amenities to improve active and safe transportation networks;

  Whereas it is recognized that the value of having active transportation networks extends to all seasons; and

  Whereas the completion of Project 9165 Durham St/Lambton St/Saugeen St (Parent) resulted in the construction of a multi-use asphalt surface running parallel to Saugeen Street on the West side of the roadway between Durham Street and Lambton Street, and there being no other sidewalk for pedestrian travel along this section of Saugeen Street; and

  Whereas there is also a multi-use asphalt surface running in a North-South direction through an unopened road allowance between Dunsmoor and MacPherson Parks, connecting Lambton Street and Harbour Street; and

  Whereas many pedestrians use these routes in all seasons in an active transportation capacity, for reasons that include the enjoyment of the experience at the lakefront; and 

  Further that Council direct Staff to consider these two (2) sections of asphalt surface to be sidewalks during the period of NOV15 – APR 15 annually; and included in the municipal winter maintenance program for sidewalks during this period of time.

8.2

Notice of Motion - At the Meeting

8.3

Motions

8.4

Consideration of By-laws

a.

Motion to Pass By-laws

• Motion #

  That the following By-laws are hereby read a first, second and third time, and finally passed this 8th day of November, 2023:

  1.  Amendment to Zoning By-law 2003-25, - Fast Holdings Ltd. By-law 2023 - 

  2. Information Technology Services (2023) By-law 2023 - 

  3. Roach Drain Agreement (2023) By-law 2023 -

  4. Traffic Calming Implementation Policy By-law 2023 - 

  5. Traffic and Parking Amendment (3) By-law 2023 - 

9.

Matters for Information

9.1

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.

Administrative Motions

b.

Statistical and Information Reports

Recommendation: Receive and file statistical reports.

a.

Finance Statement of Operations - to 10/30/23

b.

Finance Capital Variance Report - To 10/30/23

c.

Water Testing Program, Environmental Services-2023-42

d.

Environmental Services Compliance Report September and October 2023, Environmental Services-2023-40

The intent of this report is to inform Council of any compliance related issues and general information from the Environmental Services Department for the months of September and October 2023.

e.

Integrity Commissioner Service Proposal, Legislative Services-2023-25

The Municipality of Kincardine appointed the firm of Aird & Berlis LLP as the Municipality’s Integrity Commissioner. This appointment expires on December 31, 2023. This is a background report on the Request for Proposal process to appoint an Integrity Commissioner for 2024-2026.

c.

Minutes of Committees and Boards

Recommendation: Receive and file minutes.

a.

Heritage Kincardine Minutes - September 5, 2023

b.

Saugeen Mobility and Regional Transit, September 15, 2023

c.

Saugeen Valley Conservation Authority, September 21, 2023

d.

Saugeen Valley Conservation Authority Special Meeting, September 21, 2023

e.

BASWR, October 26, 2023

f.

BIA, September 19, 2023

g.

BIA, October 17, 2023

d.

Communications

Recommendation: Receive and file all communications.

a.

Association of Municipalities of Ontario

a.

Watchfile, October 19, 2023

Link to newsletter

b.

Ministry of Transportation - Micromobility Pilot Transformation

c.

County of Bruce - Bill 134 - Changes to the Definition of Affordable Residential Unit under the Development Charges Act

d.

SVCA - Draft Budget 2024

e.

Clean Energy Frontier October 2023 Newsletter

f.

Motions other Municipalities

a.

City of Thunder Bay - Intimate Partner Violence

b.

Greater Napanee - Catch and Release Justice

c.

Greater Napanee - Provincial Legislation for Third-Party Short-Term Rental Companies

d.

Municipality of Wawa - Provincial Legislation for Third-Party Short-Term Rental Companies

e.

Municipality of West Grey - Childcare availability in Ontario

f.

Municipality of North Perth - Catch and Release Justice in Ontario

g.

Municipality of North Perth - Social and Economic Prosperity Review

h.

Municipality of North Perth - Till Death Do Us Part Act

i.

Town of Aurora - Cannabis Retail Applications for the Town of Aurora

j.

Town of Goderich - Illegal Car Rally - Provincial Task Force

k.

Town of Parry Sound - Request to Change Highway Traffic Act to allow Automated Enforcement Systems on all Roadways

l.

Town of Rainy River - Water Treatment Training

m.

Township of Clearview - Establishing a Guaranteed Livable Income

n.

Township of Clearview - Illegal Car Rallies

o.

Township of East Hawkesbury - Support for Bill 21, Fixing Long-Term Care Amendment Act

p.

Township of Machar - Provincial Legislation for Third-Party Short-Term Rental Companies

q.

Township of Terrace Bay - Opposition to Strong Mayor Powers

r.

Township of West Lincoln - Intimate Partner Violence as an Epidemic

s.

Town of Huntsville - Floating Accommodations

e.

Acceptance of Consent Agenda

• Motion #

  That Council approve the recommendations contained in the consent agenda dated November 8th, 2023 and direct staff to proceed with all necessary administrative actions.

9.2

Members of Council General Announcements

9.3

Chief Administrative Officer Announcements

10.

Closed Session

• Motion #

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

  1) Approval of Minutes dated October 25, 2023; 

  2) For the Purpose of a trade secret or scientific, technical, commercial or financial information that belongs to the Municipality or Local Board and has monetary value or potential monetary value, (Integrity Commissioner); 

  3) For the purpose of personal matters about an identifiable individual, including municipal or Local Board employees, or potential appointees to a Local Board, Ad-Hoc Committee, or other municipally controlled organization (Physician Recruitment Update); and

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

10.1

Matters Arising from Closed Session

11.

Confirmatory By-law

• Motion #

  That the By-law to confirm the proceedings of the Council of The Corporation of the Municipality of Kincardine of November 8, 2023 be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2023 - 

12.

Adjournment

• Motion #

  That this Council Meeting adjourn at ______ p.m.