THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
COUNCIL AGENDA

Wednesday, June 26, 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 June 26, 2024, in the Council Chambers at the Municipal Administration Centre.

1.1

Land Acknowledgment Statement

Councillor Kennedy 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 June 12, 2024 be adopted as printed.

5.

Matters for Public Participation

5.1

Delegations and Presentations

a.

Grey Fryer, Habitat for Humanity

Greg Fryer will be introducing Council to Habitat for Humanity Grey Bruce;  their mission, model and work; and propose affordable housing partnership options.

b.

Shannon McGavin, The Well Community Collective

Shannon McGavin will be presenting on behalf of The Well CC, proposing to develop a youth wellness hub in Kincardine.  

c.

Wes Larson, The Bridge

Wes Larson will be providing an update on the programs The Bridge has to offer.

6.

Matters for Discussion and Direction

6.1

Staff Reports

a.

Draft Community Risk Assessment, CAO General-2024-19

Acting Fire Chief Simmons has drafted a Community Risk Assessment (CRA) for the Municipality of Kincardine for consideration. Ontario Regulation 378/18, requires every municipality, and every fire department in a territory without municipal organization, to complete a review of community risk assessments as provided by the regulation and use its community risk assessment to inform decisions about the provision of fire protection services.

• Motion #

  That the Community Risk Assessment (CRA) document prepared by Fire Services be adopted; and

  That the CRA process of identification, analysis, evaluation, and risk prioritization be used to inform updates to the Establishing and Regulating (E&R) By-Law for the Municipality of Kincardine Fire Service; and further

  That a revised E&R By-Law be drafted for Council’s consideration.

b.

Recreation Financial Assistance Program Update, Recreation and Community Programs-2024-06

At the April 24, 2024 meeting, Council approved entering into a Program Partnership Agreement with the County of Bruce who offer a Child Activity Assistance Program (CAAP) which will permit Municipality of Kincardine residents to benefit from a $5,000 annual contribution to the program.

On May 24, 2024, staff met with County of Bruce to further discuss the agreement and some of the questions that arose from Council, particularly regarding how to manage surplus funding. An updated agreement outlines that if there are unused funds they will be held by the County in reserve to be applied to the program in future years for Municipality of Kincardine residents.

• Motion #

  That Council repeal By-law No. 2024-061 and enter into an updated Child Activity Assistance Program Partnership Agreement with the County of Bruce.

c.

Parking Limits on Queen Street, Legislative Services-2024-15

Council passed a resolution directing Staff to bring back a report outlining the process for implementing a two hour parking limit in the downtown core of Kincardine.

Staff have consulted with the BIA Board of Management and they have recommended the Municipality implement a 3-hour parking limit in downtown Kincardine everyday between the hours of 9 a.m. and 5 p.m. from Durham Market Square South to Durham Street.

Staff are now looking for Council’s direction to proceed with public consultation on parking limits

• Motion #

  That Council direct Staff to proceed with public consultation on parking limits for Queen Street in Kincardine

d.

Paid Parking Pilot, Legislative Services-2024-16

Council passed a resolution directing Staff to bring back a report outlining the process for implementing paid parking at Station Beach. The purpose of this report is to provide Council with a general overview of potential paid parking within the Municipality.

Staff are looking for Council’s direction to proceed with investigating for the 2025 budget a paid parking pilot proposal for the Station Beach and MacPherson Park parking lots for July and August 2025.

• Motion #

  That Staff be directed to bring back a more detailed report in Q4 regarding a paid parking pilot at Station Beach and MacPherson Park for July and August 2025.

e.

Accessibility Advisory Committee-Terms of Reference, Legislative Services-2024-12

With the Governance Review in 2023 and update to the Committee policies, the Accessibility Advisory Committee Terms of Reference (TOR) was reviewed and updated with the new format. The TOR was also updated to align with the Accessibility for Ontarians with Disabilities Act (AODA).

• Motion #

  That Council pass a By-law to authorize the updated Terms of Reference for the Accessibility Advisory Committee.

f.

Routine Disclosure and Active Dissemination Policy, Legislative Services-2024-14

The implementation of the Routine Disclosure and Active Dissemination Policy will assist Council, staff, and the public in understanding what records may be disclosed as routine disclosure upon request and what ones will be actively disseminated through various means such as the website and local news outlets on a regular basis. Overall, this will assist the Municipality to improve information about public access to records as well as increase transparency.

• Motion #

  That Council adopt the Routine Disclosure and Active Dissemination Policy.

g.

Amend 2009 Taxi By-law, Legislative Services-2024-17

The Kincardine Police Services Board was dissolved in April 2024, and the new South Bruce OPP Detachment Board are unable to meet until proper insurance can be obtained. As a result, the current 2009 Taxi By-law has no current approving body for licences.

Staff have investigating ways to modernize the vehicles for hire process in the Municipality and a report will come forward in Q3.

With this gap, staff are requesting that Council delegates its authority to staff, instead of the Kincardine Police Services Board, to consider all applications for taxi and vehicle licences and to regulate and govern the owners, brokers, and drivers of taxicabs and limousines within the Municipality.

• Motion #

  That Council pass a by-law to amend By-law No. 2009-168, the 2009 Taxi By-law, to delegate authority under Section 4.1 of the By-law to staff until a new Vehicle for Hire By-law can be brought forward to Council.

6.2

Addendum Items

7.

Matters for Decision

7.1

Notice of Motion - Prior to the Meeting

a.

Transfer of 2023 Operating Surplus to Lifecycle RF82

• Motion #
  Moved by: Mike Hinchberger
  Seconded by: Bill Stewart

  Whereas in establishing the 2024 Operating Budget, Council elected not to increase the annual contribution to the Lifecyle RF82 by an amount equal to a 3% tax rate increase (588 k$); and

  Whereas the annual operating surplus for 2023 was $743,683; and

  Further that Council direct Staff to transfer the operating surplus for 2023 into the Lifecycle RF82. 

b.

External Communications Policy

• Motion #
  Moved by: Mike Hinchberger
  Seconded by: Amanda Steinhoff-Gray

  Whereas Council desires to establish some criteria for scheduled and unscheduled reporting of events/occurrences/abnormal conditions; and

  Whereas providing responsive and effective government is a focus area in Council’s Integrated Strategy 2.0; and

  Further that Council direct Staff to prepare and present to Council an External Communications Policy as part of the 2025 Business Plan with a Target Completion Date (TCD) of Q___-2025.

c.

Police Board Insurance Issue

• Motion #
  Moved by: Rory Cavanagh
  Seconded by: Jennifer Prenger

  Whereas On April 1, 2024, the Provincial government of Ontario enacted the Community Safety and Policing Act (CSPA); and  

  Whereas the CPSA dissolved the local Kincardine Police Service Board and directed the creation of the OPP South Bruce Detachment Board; and  

  Whereas the OPP South Bruce Detachment Board, along with Detachment Boards across the Province, is unable to secure insurance for the Detachment Board and all its members; and  

  Whereas this lack of insurance has resulted in the OPP South Bruce Detachment Board being unable to meet or fulfill its legislated mandates to:

  • determine objectives and priorities for the detachment, not inconsistent with the strategic plan prepared by the Minister, after consultation with the detachment commander;

  • advise the detachment commander with respect to policing provided by the detachment; • monitor the performance of the detachment commander;

  • review the reports from the detachment commander regarding policing provided by the detachment.   And Further the residents of the Municipality of Kincardine deserve oversight and accountability of the police;  

  Now therefore be it resolved that the Council of the Municipality of Kincardine requests that the Province take immediate action to address barriers preventing police boards from obtaining insurance so that the OPP South Bruce Detachment Board can fulfill its legislated mandates; and  

  That a copy of this resolution be sent to the Minister of Solicitor General, the Hon. Lisa Thompson – MMP of Huron-Kinloss, the Hon. Rick Byers - MPP of Bruce-Grey-Owen Sound, Minister of Municipal Affairs and Housing, the Federation of Canadian Municipalities, the Association of Municipalities of Ontario, as well as the municipalities of Arran-Elderslie, Brockton, Huron Kinloss, and South Bruce.

7.2

Notice of Motion - At the Meeting

7.3

Consideration of By-laws

a.

Energy Conservation and Demand Management Plan By-law

The Municipality proposes to pass a By-law to adopt the Energy Conservation and Demand Management Plan.

• Motion #

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

b.

CCBF  Agreement By-law

That the Municipality proposes to enter into an Agreement with the Association of Municipalities of Ontario to access the Canada Community Building Fund (CCBF) funding.

• Motion #

  That the “CCBF 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.

Appointment By-law Enforcement (Municipal Support Services Inc.) 2024 By-law

• Motion #

  That the “Appointment By-law Enforcement (Municipal Support Services Inc.) 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 26th day of June, 2024:

  1. Routine Disclosure and Active Dissemination Policy By-law 2024 - 

  2. Accessibility Advisory Committee Terms of Reference By-law 2024 - 

  3. Amend Taxi By-law 2024 - 

  4. Program Partnership Agreement (2024) By-law 2024 - 

  5. Community Risk Assessment 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 - Event

That Council authorize the request of Stephanie Stanley for an exemption from the provisions on the Noise Control By-law No. 2008-076; for the hours of 11:00pm Saturday, July 13, 2024, to 2:00am on Sunday, July 14, 2024, for an outdoor event with live band, being held at 949 Bruce County Rd 23, Tiverton.

b.

Statistical and Information Reports

Recommendation: Receive and file statistical reports.

a.

Lake Huron Coastal Centre Beach Clean-Up Station, Recreation and Community Programs-2024-07

b.

Development Services Report - May 2024

c.

Minutes of Committees and Boards

Recommendation: Receive and file minutes.

a.

Heritage Kincardine Minutes - April 16, 2024

d.

Communications

Recommendation: Receive and file all communications.

a.

Association of Municipalities of Ontario

a.

Watchfile, June 6, 2024

Link to newsletter

b.

Watchfile, June 13, 2024

Link to newsletter

b.

Bruce County Museum & Cultural Centre - TIFF Films are Coming to the Museum

c.

Town of Saugeen Shores - Community Improvement Plan Notice of Public Meeting

d.

Motions other Municipalities

a.

Municipality of Tweed - OPP Resolution

b.

Township of Georgian Bluffs - Durham Hospital Acute In-Patient Care Beds

e.

Acceptance of Consent Agenda

• Motion #

  That Council approve the recommendations contained in the consent agenda dated June 26, 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 May 22, 2024 and June 5, 2024; and

  2) Labour relations or employee negotiations (Negotiations with Fire Firefighters); 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 26, 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.