THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
COUNCIL AGENDA

Wednesday, October 25, 2023

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 October 25, 2023, 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 October 11, 2023 be adopted as printed.

5.

Unfinished Business

6.

Matters for Public Participation

6.1

Delegations and Presentations

a.

Tony Houad, Municipal Innovation Council (MIC)

Tony Houad, Director, will present an update on the Municipal Innovation Council (MIC).

b.

Jessica Taylor - Food Cycle Science

To present the results of the Food Cycler Food Waste Diversion Program in Kincardine.

7.

Matters for Discussion and Direction

7.1

Staff Reports

a.

IT Services Agreement, Financial Services-2023-29

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.

b.

Debenture By-Law – Queen Street Reconstruction, Financial Services-2023-27

The purpose of this report is to provide Council with the final debenture documents for approval in order to finance the Queen Street Reconstruction project. The debenture amount is $4,556,500 for a 20-year term.

• Motion #

  That Council approve the attached Debenture By-law and authorize the Municipality of Kincardine to issue debentures in respect of the Queen Street Reconstruction project in the amount of $4,556,500 for a 20-year term.

c.

Accounts Receivable Policy, Financial Services-2023-30

The purpose of this report is to provide Council with an updated Accounts Receivable Policy document that aligns with the Municipality’s processes and incorporates best practices within the municipal sector. A revised draft policy is being presented for Council’s consideration and adoption.

Supplementary internal procedural documents will be developed that support the policy and can be used as a reference for staff to ensure our day-to-day actions are in alignment with corporate objectives.

• Motion #

  That Council adopts the draft Accounts Receivable Policy as presented or with amendments; and

  That once the new Accounts Receivable Policy is adopted, Council repeals the former policy GG.2.20 Accounts Receivable; and
  

  Further that Council repeals policy GG.2.6 NSF Cheques.

d.

2024 Consolidated Rates & Fees, Financial Services-2023-32

The Rates and Fees charged by the Municipality for various services are reviewed each year to assess the financial appropriateness of the amounts being charged. Council approved the current Rates and Fees By-law in October 2022.

The proposed Rates and Fees are brought forward prior to the budget process for approval as the new rates are used to estimate the revenue streams for the upcoming budget year.

An economic increase of 3.3% has been applied to the majority of the rates and fees, with minor rounding adjustments. Any significant increases or changes from 2023 fees have been summarized in this report.

• Motion #

  That Council approve the proposed 2024 Consolidated Rates and Fees Schedule as outlined in Staff Report Financial Services-2023-32, effective January 1, 2024.

e.

Bruce Telecom Legacy Fund, Financial Services-2023-31

The purpose of this report is to obtain Council’s approval to establish a Legacy Fund that would hold the net proceeds from the sale of Bruce Telecom Holdings Inc. The proposed Bruce Telecom Legacy Fund would hold the principal proceeds of the sale (net of disbursements) and would utilize only the investment earnings (or a portion of the earnings) to fund the long-term capital plan.

A Legacy Fund Investment Policy would be developed which would provide the framework on how the investments would be managed and as well as detailing the distribution of income to fund capital projects.

• Motion #

  That Council approves the creation of the Bruce Telecom Legacy Fund to maintain the proceeds from the sale of Bruce Telecom Holdings Inc; and

  Further, that Council direct staff to prepare a Legacy Fund Investment Policy to provide for the framework for the Bruce Telecom Legacy Fund;

f.

Holding Removal By-law – 18 Craig Dr, Development Services-2023-35

The property owner has requested that the Holding “H” provision be removed from their property which is currently zoned R1-bb-H, located at 18 Craig Drive, Kincardine. The provisions outlined under By-law 2013-132 to remove the holding provision outline that the lands be subject to Site Plan Control and that the property undertake an Environmental Impact Study (EIS). Through provincial legislation, Bill 23 exempts the proposed construction of a dwelling and any accessory amenities from the site plan control. In addition, the requirement for completion of the EIS study has also been satisfied.

• Motion #

  That the Council of the Municipality of Kincardine pass a by-law for the removal of the Holding ‘H’ provision from CON A PT LOT 26; RP 3R-9554 Parts 9 and 10, Municipality of Kincardine (geographic Township of Kincardine).

g.

Holding Removal By-law – 457 Sideroad 30, Development Services-2023-34

A request for removal of a Holding provision from the property known as 457 Side Road 30 has been received. The subject property, legally described as Part Lot 30, Concession 5, Municipality of Kincardine (geographic Township of Bruce), is currently zoned Agricultural Commercial/ Industrial (ACI-s-H) which is subject to Holding ‘H’ provision. The current zoning permits various uses within the specified zone including its current use as Warehousing and further permits ancillary uses in support of the permitted uses. The owner has applied to remove the holding provision and intends to renovate a portion of the space to accommodate an office area in support of the existing use.

• Motion #

  That the Council of the Municipality of Kincardine pass a by-law for the removal of the Holding ‘H’ provision from Part Lot 30, Concession 5, Municipality of Kincardine (geographic Township of Bruce)

h.

Live Streaming Partnership Agreement with Bulldogs, Parks Facilities-2023-18

Staff is seeking approval for an Agreement with the Kincardine Bulldogs Club to live stream Junior C hockey games for the 2023/2024 season.

Recently the Provincial Junior Hockey League (PJHL) approached host communities of Junior C teams to entertain the opportunity to broadcast live all Junior C games played with in municipal arenas.

Staff is proposing an agreement be approved which outlines the conditions of the cameras being used within a municipal facility.

• Motion #

  That Council approve the Agreement between the Municipality of Kincardine and the Kincardine Bulldogs Club for the purposes of video streaming Junior C games at the Davidson Centre for the 2023/2024 season.

7.2

Addendum Items

7.3

Council Appointments to Committees

a.

Council Appointment to Pier Safety Ad-Hoc Committee

Council will take nominations from the floor for a member to be appointed to the Ad Hoc Pier Safety Committee. The Council member will act as Chair for the Committee. The qualifications for members is as stated in the attached Ad Hoc Pier Safety Committee Terms of Reference.

• Motion #

  That Council of the Municipality of Kincardine, hereby appoint ____________________ to sit on the Pier Safety Ad-Hoc Committee.

b.

Council Appointment to BASWR Board

Council will take nominations from the floor for a member to be appointed to the Bruce Area Solid Waste and Recycling Board (BASWR) to fill the vacancy left by Councillor Steinhoff-Grey. 

• Motion #

  That Council of the Municipality of Kincardine, hereby appoint ____________________ to sit on the BASWR Board.

8.

Matters for Decision

8.1

Notice of Motion - Prior to the Meeting

8.2

Notice of Motion - At the Meeting

8.3

Motions

a.

Enbridge Battery Energy Storage Project

• Motion #

  The Council of the Municipality of Kincardine supports the development, construction and operation of Enbridge’s battery energy storage project (LT1RFQ-012-3) of up to 150 MW, located on Concession 6 being LT 9 CON 7 BRUCE EXCEPT PT 5, 3R1791; S/T R31063, PIN 332820048.

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 25th day of October, 2023:

  1. FA1819 Debenture Timeline By-law 2023 - 173

  2. IT Services MOU and Agreement By-law 2023 - 

  3. Accounts Receivable Policy By-law 2023 - 

  4. 2024 Rates and Fees By-law 2023 - 

  5. Amendment to Zoning By-law No. 2003-25, Holding Removal (457 Sideroad 30) By-law 2023 - 

  6. Amendment to Zoning By-law No. 2003-25, Holding Removal (12 Craig Drive) By-law 2023 - 

  7. Kincardine Bulldogs Video Agreement (2023) By-law 2023 - 

  8. Council Committee Appointment (2023) Amendment By-law 2023 - 

b.

Dalton Lease Agreement By-law

The By-law is to authorize an agreement with Terry Dalton for the renewal of a land lease of approximately 40 acres of unused vacant land to be used by the Lessee as pastureland. The lands to be rented are located beside the Bruce Township landfill more particularly described as part of Part Lot 17, Concession 2.

• Motion #

  That the “Dalton Lease Agreement (2023) By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 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.

Building Services Report September 2023

b.

Asset Management Update, Financial Services-2023-26

This information is being provided to Council in preparation for the 2024 Budget, as well as to provide an update on the progress of the Asset Management Plan (AMP) and financial strategy.

Under Ontario Regulation 588/17, municipalities must report to Council at least once per year on the current progress of the AMP and any barriers aligning operations with the plan.

c.

Q3 Community Services Report, Quarterly Report-2023-30

d.

Strategic Initiatives Department Quarterly Update – October 2023, Strategic Initiatives-2023-11

c.

Minutes of Committees and Boards

Recommendation: Receive and file minutes.

a.

Municipal Tree Canopy and Natural Vegetation Ad-Hoc Committee, July 12, 2023

b.

Municipal Tree Canopy and Natural Vegetation Ad-Hoc Committee, July 20, 2023

c.

Municipal Tree Canopy and Natural Vegetation Ad-Hoc Committee, August 1, 2023

d.

Municipal Tree Canopy and Natural Vegetation Ad-Hoc Committee, August 16, 2023

e.

Kincardine Police Services Board, August 10, 2023

f.

Kincardine Police Services Board, October 12, 2023

d.

Communications

Recommendation: Receive and file all communications.

a.

Association of Municipalities of Ontario

a.

Watchfile, October 5, 2023

Link to newsletter

b.

Watchfile, October 12, 2023

Link to newsletter

b.

Paul Kraehling - Environmental Impact Concerns for New 62 Lot Rural Estate Subdivision in Inverhuron

c.

Municipality of Brockton - Letter to County of Bruce - County Wide OPP Proposal

d.

Community Living Kincardine and District October 2023 Newsletter

Link to newsletter

e.

Motions other Municipalities

a.

City of Burlington - Provincial Legislation for Third-party Short-term Rental Companies

b.

City of Pickering - Request to Abandon Greenbelt Development

c.

Municipality of Bluewater - Critical Issue of Childcare Availability in Ontario

d.

Town of Cobourg - Catch and Release Justice in Ontario

e.

Town of Cobourg - Illegal Land Use Enforcement

f.

Township of Alnwick-Haldimand - Establishing a Guaranteed Livable Income

g.

Township of Howick - Catch and Release Justice in Ontario

h.

Township of The Archipelago - Cigarette Producer Responsibility

i.

Township of The Archipelago - Gender-based Violence and Intimate Partner Violence an Epidemic in Ontario

j.

Township of West Lincoln - Challenges Faced by Smaller Developers in Ontario Communities

e.

Acceptance of Consent Agenda

• Motion #

  That Council approve the recommendations contained in the consent agenda dated October 25, 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 purposes:

  1) Approval of Closed Session Minutes dated October 11, 2023;

  2) 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 (BIA Appointment); and

  3) 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 (Pier Ad-Hoc Committee Appointment); and

  4) 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; and Labour relations or employee negotiations (Human Resources matter and Organizational Review); and

  5) A proposed or pending acquisition or disposition of land by the Municipality or Local Board; 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 October 25, 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.