THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
COUNCIL AGENDA

Wednesday, March 06, 2024

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 March 6, 2024, in the Council Chambers at the Municipal Administration Centre.

1.1

Land Acknowledgment Statement

Councillor Cavanagh 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 February 12, 2024 and February 14, 2024 be adopted as printed.

5.

Matters for Discussion and Direction

5.1

Staff Reports

a.

Bruce Telecom Legacy Fund Investment Policy, Financial Services-2024-04

The purpose of this report is to obtain Council’s input on the draft Bruce Telecom Legacy Fund Policy, which would hold the net proceeds from the sale of Bruce Telecom Holdings Inc. in perpetuity. The Policy provides the framework on how the investments would be managed and how the investment earnings would be utilized.

The creation of a Legacy Fund would protect the rich history and legacy of Bruce Telecom and would provide a perpetual benefit to Municipality of Kincardine ratepayers.

• Motion #

  That Council consider the following recommendations at the March 27, 2024 meeting:

  • That Council approves the attached Bruce Telecom Legacy Fund Policy; and
  • That ONE Investment staff will be leveraged for the optimal delivery and management of the Bruce Telecom Legacy Fund; and further
  • That Council form a Legacy Fund Advisory Committee consisting of the Mayor, Treasurer, and CAO.

b.

Pier Safety Ad-hoc Committee Report, Parks Facilities-2024-04

The Pier Safety Ad-hoc Committee (PSAC) is recommending 10 new ladders be approved in 2024 along with new sign designs and installation, improvements to the lifesaving stations, directional signage, emergency parking enhancements and a Beach Blazer program be developed.

The PSAC is looking for approval of up to $92,000 to ensure these recommendations are delivered.

Further enhancements shall be included as part of future annual budget deliberations.

• Motion #

  That Council approve the recommendations presented in the Pier Safety Ad-hoc Committee report; and

  That Council approve a 2024 budget amendment of up to a maximum of $92,000 to commence the recommendations identified in the report for 2024; and

  Further that these recommendations be funded through the Lifecycle Reserve Fund.

c.

Station Beach Boardwalk Design, Parks Facilities-2024-03

Staff are seeking approval for the design of the Boardwalk at Station Beach. Once approved, GMBlueplan will proceed with developing tender documents for construction. The 2025 budget will include a proposal for construction of the boardwalk.

• Motion #

  That Council approve the conceptual design for Station Beach Boardwalk.

d.

2024 Compliance with Regulation 284/09, Financial Services-2024-06

Municipalities are required under Ontario Regulation 284/09 to report on amortization, post-employment benefits and solid waste landfill closure and post-closure expenses that are excluded from the annual budget. For 2024, expenditures of $9.8 million have been excluded from the budget.

The Municipality is required to follow the accounting standards established by the Public Sector Accounting Board (PSAB). With the introduction of tangible capital asset accounting in 2009, the new accounting standards do not require budgets to be prepared on a full accrual basis.

A key outcome of the annual budget is the tax rate which Council approves. This tax rate is based on annual cash requirements and therefore does not include the PSAB requirements around accrual accounting and accounting for non-financial assets and liabilities.

• Motion #

  That Council adopt the compliance report for expenses excluded from the 2024 budget outlined in report Financial Services-2024-06 as a requirement of Ontario Regulation 284/09 passed under the Municipal Act, 2001.

e.

Electronic Signatures Policy, Legislative Services-2024-04

The initial Electronic Signatures Policy was passed in 2018. Due to the increase in remote communications and work-from-home across all sectors, electronic signatures were adopted by both provincial and federal legislation to be legally binding in Canada, with limited exceptions. 

The new draft Electronic Signature Policy provides for an updated framework for the use and acceptance of electronic signatures.

• Motion #

  That Council approve the updated Electronic Signatures Policy and repeal Policy GG.3.17 Electronic Signatures.

f.

Section 270 Policy Update – Public Notice Policy, CAO General-2024-07

Section 270 of the Municipal Act, 2001 (the “Act”) requires that all municipalities adopt and maintain several specific policies which provide a basis for decision-making to support clear and consistent implementation processes.

One of the requirements is a policy which outlines the circumstances in which the municipality shall provide notice to the public and, if notice is to be provided, the form, manner and times in which notice shall be given. As part of the policy review, staff reviewed the existing notice by-law and have drafted an updated policy for council’s consideration and are recommending it for approval. Alternatively, council could review and affirm that the existing notice by-law is sufficient for its purposes and direct that the by-law be reformatted into the new policy template.

• Motion #

  That By-law No. 2020-040, being a by-law to establish notice provisions for the Municipality of Kincardine, be repealed, and further

  That Council approve and adopt by by-law the draft Public Notice Policy, as presented.

g.

Property Standards Committee, Legislative Services-2024-06

A Property Standards Committee is a quasi-judicial body that hears appeals from owners or their agents who have received a Property Standards Order in accordance with the Property Standards By-law No. 2019-123.

Last term, the Committee was combined with the Committee of Adjustment. Now that Council is sitting as the Committee of Adjustment, Staff are recommending that Council appoint a separate committee comprised of three Council members to sit as the Property Standards Committee.

• Motion #

  That the Terms of Reference for the Property Standards Committee be approved as presented and that ______________, __________________, and ________________ be appointed to the Property Standards Committee.

5.2

Addendum Items

6.

Matters for Decision

6.1

Notice of Motion - Prior to the Meeting

6.2

Notice of Motion - At the Meeting

6.3

Consideration of By-laws

a.

2024 Budget By-law

• Motion #

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

b.

Cheesy Monkii Agreement (2024) By-law

In 2019 the Airport Service Provider (ASP) presented staff with the opportunity to situate a food truck vendor on the vacant lands at the Municipal Airport. Since May of 2020 the Cheesy Monkii Food Truck has been operating on the site seasonally with great success. The owner of the service would like to extend the current license agreement for two years with an option of renewing the agreement annually for up to three years. The daily renal rate for the space is $17.21 (+HST) with an annual increase based on CPI. Staff along with the ASP support the renewal and terms.

• Motion #

  That the “Cheesy Monkii 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.

Motion to Pass By-laws

• Motion #

  That the following By-laws are hereby read a first, second and third time, and finally passed this 6th day of March, 2024:

  1. Electronic Signatures Policy By-law 2024 - 

  2. Public Notice Policy By-law 2024 - 

  3. Property Standards Terms of Reference By-law 2024 - 

  4. Council Committee Appointment (2023) Amendment (4) By-law 2024 - 

7.

Matters for Information

7.1

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.

Kincardine By-law Service Report - January 2024

b.

Minutes of Committees and Boards

Recommendation: Receive and file minutes.

a.

Pier Safety Minutes

b.

Saugeen Valley Conservation Authority Meeting Minutes January 19, 2024

c.

Communications

Recommendation: Receive and file all communications.

a.

Association of Municipalities of Ontario

a.

Watchfile, February 8, 2024

Link to newsletter

b.

Watchfile, February 15, 2024

Link to newsletter

c.

Watchfile, February 22, 2024

Link to newsletter

b.

2024 Farmland Forum - Ontario Farmland Trust

c.

Clean Energy Frontier Program February Newsletter

d.

Kincardine and District Horticultural Society comments on Waterfront Plan Report

e.

MMEWG Unwilling Host Reaffirmation

f.

Thank you card from Township of Bruce Historical Society

g.

Bruce County Museum and Cultural Centre

h.

Ombudsman Ontario January Newsletter

i.

Ontario's Nuclear Advantage

j.

Motions from other Municipalities

a.

City of Hamilton - Support Ontario Energy Board to End Gas Pipeline

b.

County of Frontenac - Resolution Increase Tax Credits for Volunteer Firefighters

c.

County of Renfrew - Resolution Water and Wastewater

d.

Municipality of Powassan - Resolution AORS Training

e.

Municipality of Wawa - Resolution Fire Apparatus

f.

Municipality of Wawa - Resolution Provincial Cemetery Management

g.

Prince Edward County - Support Review Ontario Works and Ontario Disability Support Program Financial Assistance Rates

h.

Town of Petrolia - Resolution OGRA return to combined conference

i.

Township of Perry - Resolution Amend Blue Box Regulation

j.

Township of Ramara - Resolution Ontario and AMO Social and Economic Prosperity Review

d.

Acceptance of Consent Agenda

• Motion #

  That Council approve the recommendations contained in the consent agenda dated March 6, 2024 and direct staff to proceed with all necessary administrative actions.

7.2

Members of Council General Announcements

7.3

Chief Administrative Officer Announcements

8.

Closed Session (If Required)

9.

Confirmatory By-law

• Motion #

  That the By-law to confirm the proceedings of the Council of The Corporation of the Municipality of Kincardine of March 6, 2024 be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2024 - 

10.

Adjournment

• Motion #

  That this Council Meeting adjourn at ______ p.m.