THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
COUNCIL AGENDA

Wednesday, June 12, 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 June 12, 2024, in the Council Chambers at the Municipal Administration Centre.

1.1

Land Acknowledgment Statement

Councillor Blackwell 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 May 22, 2024 and June 05, 2024 be adopted as printed.

5.

Matters for Public Participation

5.1

Presentations

a.

U13 OMHA Champions

The Kincardine U13 Kinucks - U13 All Ontario OMHA champions.

5.2

Public Meeting

a.

Applicant: Paul and Tarynne Oudshoorn - 5031 Highway 9

Planning Report: Z-2024-11

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 the Zoning By-law Amendment application Z-2024-011 for Paul and Tarynne Oudshoorn for 5031 Highway 9, Municipality of Kincardine.

5.3

Delegations

a.

Meag Durkin and Christina Roppel-Wahi

Presentation to express support for Council's March 2024 decision not to continue a contract to provide an SRO in schools.

6.

Matters for Discussion and Direction

6.1

Staff Reports

a.

2023 Financial Statements, Financial Services-2024-12

The Municipal Act, 2001 requires that every municipality prepare annual audited financial statements. Kincardine’s 2023 external audit has been completed by KPMG LLP. Audit fieldwork was primarily conducted in March 2024 with the financial statement preparation and consolidation performed thereafter.

Finance staff ensured all deliverables and timelines were achieved as planned. The 2023 draft consolidated financial statements are attached and require Council approval in order to proceed in finalized the statements. Once finalized the financial statements will be posted on the municipal website and will be made available to the public by hardcopy upon request and at no cost.

Matthew Betik from KPMG will present the Audit Findings Report for the year ended December 31, 2023.

• Motion #

  That Council approve the 2023 Consolidated Financial Statements as presented.

b.

Development Charges Interest Rate Policy Update, Financial Services-2024-11

The purpose of this report is to revise the existing Development Charges Interest Policy 2.24 adopted on July 5, 2021 in response to changes to the Development Charges Act, 1997, introduced through Bill 23, More Homes Built Faster Act, 2022.

This is primarily a housekeeping matter, as the former policy must be repealed and a new policy that aligns with legislation should be adopted.

• Motion #

  That Council approve the charging of interest as per section 26.3 for development that is eligible under sections 26.1 and 26.2 of the Development Charges Act, 1997, effective as of June 1, 2022 and at a rate of average prime plus 1%; and

  That Council repeals the former Development Charges Interest Policy GG.2.24; and

  Further that Council approve the attached new Development Charges Interest Policy to administer the charging of interest.

c.

Traffic and Parking By-law Amendment Kincardine Ave (South Line), Operations-2024-16

Staff are recommending an amendment to the existing Traffic and Parking By-law to decrease the rate of speed on Kincardine Avenue (South Line) for 800 meters east of Highway 21 from 80km/h to 60km/h. Through discussion with the Ministry of Transportation (MTO) during design of the intersection improvements, a request to consider lowering the speed was presented by the MTO.

• Motion #

  That Council approve an amendment to the Traffic and Parking By-law No. 2019 - 165 to reduce the speed limit on Kincardine Ave (South Line) to 60km/h from Highway 21 easterly for 800 meters.

d.

Bruce Avenue Reconstruction Tender Award, Operations-2024-15

Council is being asked to award the Bruce Ave Reconstruction tender to the low bidder Omega Contractors Inc. the amount of $2,135,363.75 inclusive of the non-refundable portion of HST.

The tender was prepared and reviewed by BM Ross and Associates.

• Motion #

  That Council award the contract for project No. 9164 Bruce Ave. Reconstruction to Omega Contractors Inc. in the amount of $2,135,363.75 inclusive of the non-refundable portion of HST.

e.

Landfill Compactor Tender, Operations-2024-14

The 2024 capital budget includes the replacement of the landfill compactor. Requests for Proposals were advertised, and staff are recommending award to Marcel Equipment Limited in the amount of $555,609.60 including the non-refundable HST and the trade-in of the current unit of $45,000.

• Motion #

  That Council award the contract to Marcel Equipment Limited in the amount of $555,609.60 including the non-refundable HST for the purchase of one (1) reconditioned 2020 CAT 816K Landfill Compactor.

f.

DWQMS Operational Plan Revision 11 Endorsement, Environmental Services-2024-18

The Environmental Services Department is required to have an Operational Plan for each Drinking Water System the Municipality of Kincardine owns and operates under the Safe Drinking Water Act 2002. The Drinking Water Quality Management Standard 2.0 requires commitment and endorsement for each revision of the Plan by the Owner of the systems. The Mayor and Council are named as the Owner of the Municipality of Kincardine Drinking Water Systems in the MOK Operational Plans.

• Motion #

  That Council endorse both the Municipality of Kincardine Drinking Water Quality Management System Operational Plan Revision 11 May 2024 and the Quality Management System Policy Revision 3 May 4, 2022.

g.

Road Dedication By-law – Institute Road Extension, Development Services-2024-16

As part of a minor variance application, it was identified that the property known as 39 Institute Road fronts onto unopened road allowance. However, upon consultation with Operations staff, it was determined the road known legally as Cedar Lane was being maintained as part of the municipal road network.

Upon further investigation, it was discovered that Cedar Lane as well as a portion of Institute Road (originally known as Red Pine Street), were never assumed by by-law.

Therefore, staff are recommending that a road dedication by-law be passed assuming both Cedar Lane and Institute Road as part of the municipal road network.

• Motion #

  That the Council of the Municipality of Kincardine pass a road dedication by-law for CEDAR LANE PL 485; KINCARDINE (PIN 33284-0143); and RED PINE ST PL 485 KINCARDINE (PIN 33284-0141);

  And further that the lands described as CEDAR LANE PL 485; KINCARDINE be known as “Institute Road Extension”;

  Whereas the lands described as RED PINE ST PL 485; KINCARDINE, is already known as “Institute Road”;

  And further that the Mayor and Clerk be authorized to execute any documents on behalf of the Municipality.

h.

Road Assumption and Road Naming By-law – Kaydan Drive Tiverton, Development Services-2024-17

As a provision of the Development Agreement for 2819359 Ontario Inc. (Church Street Townhouse) Parts 1 and 2 on 3R10512 are to be transfer to the Municipality of Kincardine for the purpose of a municipal road to be named Kaydan Drive. To complete this land transfer a by-law is required to dedicate the lands as open and maintained road allowance forming part of the municipal road network.

The development has been issued Stage 3 Preliminary Acceptance. The obligations of the developer during the two-year maintenance period, required in the development agreement, would still be applicable until the development receives Final Acceptance.

Assuming these lands as open and maintained road allowance would provide legal access to the Tiverton Cemetery lands from Kaydan Drive, creating the opportunity to further investigate these lands as surplus to the municipality.

• Motion #

  That the Council of the Municipality of Kincardine pass a road dedication by-law for Parts 1 and 2 on 3R10512, which is part of PIN 33287-0283; and

  That the lands described as Parts 1 and 2 on 3R10512 be known as “Kaydan Drive”; and

  Further that the Mayor and Clerk be authorized to execute any documents and agreements on behalf of the Municipality.

i.

Connaught Park Ball Diamond Lighting Upgrades Contract Award – CS-2024-10, Parks Facilities-2024-15

Council is being asked to award the request for proposals to the highest scoring bidder, 928277 Ontario Ltd (Weber’s Electric) in the amount of $216,155.00 plus HST. A total of 4 submissions were received for this Request for Proposals.

• Motion #

  That Council award the contract for the supply and installation of the Connaught Park Ball Diamond lighting retrofit upgrades to 928277 Ontario Ltd. (Weber’s Electric) in the amount of $216,155.00; and

  Further, that the cost overage of $16,155.00 be funded from the Community Benefits Reserve Fund.

j.

Energy Conservation and Demand Management Plan, CAO General-2024-18

Municipalities are required to report on energy use and green house emissions and to develop a plan for conservation of and managing energy use. Previously, this requirement was under the Green Energy Act, but is now required under the Electricity Act, 1998. This is the second update to the Municipality of Kincardine’s Conservation Demand Management Plan. An update to the plan is required by July 1, 2024.

• Motion #

  That Council review the Draft Energy Conservation and Demand Management Plan for consideration of adoption at its June 26, 2024.

6.2

Addendum Items

7.

Matters for Decision

7.1

Notice of Motion - Prior to the Meeting

a.

Motion to Reconsider School Resource Officer Motion 03/27/24 - 16 

• Motion #
  Moved by: Amanda Steinhoff-Gray
  Seconded by: Rory Cavanagh

  That Council Reconsider Resolution 03/27/24 - 16 "That the “Community Safety and Policing (CSP) Agreement (2024) By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2024 - 045 "

b.

Review of Sign By-law and Sidewalk By-law

• Motion #
  Moved by: Andrea Clarke
  Seconded by: Beth Blackwell

  Whereas the current Sign By-law and Sidewalk By-law requires provisions to adequately address accessibility; and

  That Council direct Staff to review the current Signage By-law and Sidewalk By-law to properly take account of the intended purpose of the AODA, the Ontario Human Rights Code and the Charter of Rights and Freedoms; ow therefore be is resolved 

  That Staff bring a report addressing possible amendments to rectify any deficiencies in the current Signage By-law and Sidewalk By-law, with specific reference to Section 4.8 of the Signage By-law and Section 2.0 of the Sidewalk By-law. 

7.2

Notice of Motion - At the Meeting

7.3

Motions

7.4

Consideration of By-laws

a.

Victim Services Bruce Grey Agreement

The Municipality proposes to enter into a Lease Agreement with Victim Services Bruce Grey for commercial office space at the Municipal Administration Centre (212.5 sq. feet) at 1475 Concession 5. It is a 2-year Agreement expiring on May 31, 2026. The rent is consistent with that of the past tenant of the space at $18.45/sq foot, increasing by the CPI annually.

• Motion #

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

b.

Kincardine Lions Club Agreement(2024) By-law

The Municipality proposes to enter into an Agreement with the Kincardine Lions Club for the placement and removal of road closed barricades. The removal and replacement covers temporary accessible parking spaces for the Queen Street Pipe Band closures for 2024.

• Motion #

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

c.

Appoint David Culp as Building Inspector

The Municipality proposes to appoint David Culp as a Building Inspector for the Municipality of Kincardine.

• Motion #

  That the “Appoint David Culp as Building Inspector 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 12th day of June, 2024:

  1. Amendment to Zoning By-law 2003-25, for 5031 Highway 9 (Oudshoorn) 

  2. Development Charge Interest Policy By-law 2024 - 

  3. Traffic and Parking By-law Amendment (9) By-law 2024 - 

  4. Bruce Avenue Tender By-law 2024 - 

  5. Award the Landfill Compactor Tender By-law 2024 - 

  6. Road Assumption and Naming - Institute Road By-law 2024 - 

  7. Road Assumption and Naming - Kaydan Drive By-law 2024 - 

  8. Award the Connaught Park Lighting Tender (CS-2024-10) 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.

Administrative Motions

a.

Request for Noise By-law Exemption - Rock with your Docs

That Council authorize the request of Doug Kennedy for an exemption from the provisions of the Noise Control By-law No. 2008 - 076; for the hours of 11:00 p.m. Friday, June 21, 2024, to 1:00 a.m. on Saturday, June 22, 2024, for fundraising event “Rock with your Docs” being held at the Davidson Centre.

b.

Request for Noise By-law Exemption - Kincardine Cubs

That Council authorize the request of the Kincardine Cubs for an exemption from the provisions of the Noise Control By-law No. 2008-076; for the hours of 11:00pm Saturday, June 22, 2024, to 1:00am on Sunday, June 23, 2024, for an annual fundraising event being held at Connaught Park.

b.

Statistical and Information Reports

Recommendation: Receive and file statistical reports.

a.

2023 Annual Investment Report, Financial Services-2024-13

b.

2023 Parkland Trust Statement

c.

2023 Development Charges Statement

d.

Environmental Services Compliance Report May 2024, Environmental Services-2024-17

c.

Minutes of Committees and Boards

Recommendation: Receive and file minutes.

a.

Accessibility Advisory Committee Minutes - April 25, 2024

b.

Accessibility Advisory Committee Minutes - May 16, 2024

d.

Communications

Recommendation: Receive and file all communications.

a.

Association of Municipalities of Ontario

a.

Watchfile, May 16, 2024

Link to newsletter

b.

Watchfile, May 23, 2024

Link to newsletter

c.

Watchfile, May 30, 2024

Link to newsletter

b.

Bruce County Museum and Cultural Centre - An evening with Dr. Brian Goldman

c.

Christina Wahi - Support for MOK Council SRO Decision

d.

Grey Bruce Public Health - Municipal By-laws - Smoke Free Ontario Act

e.

Grey Bruce Settlement Services - Invitation to Multicultural Event 2024

f.

Minister of Citizenship and Multiculturalism - Amendment to Ontario Heritage Act

g.

NWMO - Municipal Forum meeting May 16, 2024

h.

Saugeen Valley Conservation Authority - Interim Leadership

i.

School Resource Officer

a.

Shirley Wright - School Resources Officer

j.

Western Ontario Wardens Caucus - Return of Ontario West Municipal Conference

k.

Motions other Municipalities

a.

City of Belleville - Healthcare Resolution in Support of Family Doctors

b.

Town of Bradford West Gwillimbury - Well Water Testing

c.

Town of Cochrane - Increase Ontario Community Infrastructure Fund

e.

Acceptance of Consent Agenda

• Motion #

  That Council approve the recommendations contained in the consent agenda dated June 12, 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)

In this Closed Session, no Member shall discuss or otherwise deal with any matter in a way that materially advances the business or decision making of the Council. 

In this session Council members will have the opportunity to explore and understand the importance of cultural competency into thought processes, decision making and the adjacent actions that follow. Grow confidence in using anti-oppressive and anti-racist practices as stable pillars to guide decision-making processes that align with equity-seeking groups.

• Motion #

  That Council move into closed meeting for the purpose of educating or training members (Applying Cultural Competency into Everyday Practices & Decisions) pursuant to Section 239 (3.1) of the Municipal Act, 2001, as amended; 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 June 12, 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.