THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
COUNCIL AGENDA

Wednesday, December 13, 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 December 13, 2023, 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 November 22, 2023 be adopted as printed.

5.

Unfinished Business

6.

Matters for Public Participation

6.1

Presentations

a.

Kincardine Cardinals

The Kincardine Cardinals are the Ontario Baseball Association 13U D Provincial Champions

b.

Kincardine Cubs

The Kincardine Cubs are the Baseball Ontario Senior AA Provincial Champions.

c.

Employee Service Recognition, Human Resources-2023-33

The Municipality of Kincardine recognizes that its employees are its most important resource and appreciates the hard work and effort that is demonstrated on a day-to-day basis. The Municipality of Kincardine believes that continuous active service demonstrates a commitment to the Municipality and deserves recognition.

6.2

Public Meeting

a.

Applicant: Brandon Finnie - 26 Parkwood Road

Planning Report: Z-2023-073

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 later in the meeting.

• Motion #

  That Council approve Zoning By-law Amendment application Z-2023-073 for Brandon Finnie for 26 Parkwood Road, Municipality of Kincardine.

b.

Applicant: Jeff and Sherri Eby - 4073 Highway 21

Planning Report: Z-2023-078

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 later in the meeting.

• Motion #

  That Council approve Zoning By-law Amendment Application Z-2023-078 for Jeff and Sherri Eby for a portion of Concession 11, Lot 5 (4073 Highway 21) in the Geographic Township of Bruce in the Municipality of Kincardine

c.

Applicant: Alex and Rebecca Austman - 554 Huron Terrace

Planning Report: Z-2023-085

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 later in the meeting.

• Motion #

  That Council approve Zoning By-law Amendment application Z-2023-085 for Alex and Rebecca Austman at 554 Huron Terrace, Municipality of Kincardine

d.

Applicant: Municipality of Kincardine - Housekeeping Ammendment

Planning Report: Z-2023-096

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 Zoning By-law Amendment application Z-2023-096 for the Municipality of Kincardine.

6.3

Delegations

a.

Dr. Chris Houser, Smart Beach

Dr. Chris Houser will provide a presentation on the Smart Beach Project.

7.

Matters for Discussion and Direction

7.1

Staff Reports

a.

Comprehensive Zoning By-law Project Update, Development Services-2023-40

MHBC Planning, Urban Design & Landscape Architecture Consulting firm is attending the meeting to provide an update to Council on the progress of the Comprehensive Zoning By-law Review and an updated timeline for the remainder of the project.

b.

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

Note: The motion on this report was deferred at the November 8, 2023 meeting. Staff will provide an update.

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

c.

Electric Vehicle ChargeON Grant, Operations-2023-26

On October 20, 2023, the Ministry of Transportation launched the EV ChargeON Program for communities outside of large urban centers. The Ministry’s goal is to assist smaller communities in acquiring Electric Vehicle Charging Stations and to improve network coverage of Electric Vehicle fast chargers to reduce range anxiety by filling existing gaps and supporting long-distance travel. The deadline for the application period is January 31, 2024.

• Motion #

  That Council direct staff to submit an application to the Ministry of Transportation for the Electric Vehicle (EV) ChargeON Program Grant.

d.

Updated Frozen Water Procedure, Environmental Services-2023-41

Staff are reviewing existing policies in order to provide recommendations for Council’s consideration. The Environmental Services Department reviewed the existing policy related to frozen water in pipes policy and are recommending updates to the approach to make it an operating procedure with improvements to the process in order to implement actions and protocols to avoid issues with frozen water in pipes during the winter months.

The Municipality acknowledges that water is an essential service to all its residents connected to the drinking water system, and the update of this procedure will strive to maintain this service through periods of significant cold weather in winter months.

• Motion #

  That Council rescind the previous policy ES 5.1 Frozen Water Policy approved by Resolution #03/09/16-03, and support Report Environmental Services 2023-41 and implementing a new procedure for Frozen Water Services as presented.

e.

Tiverton Water Supply, Environmental Services-2023-44

The delivery of safe potable drinking water is vital to all residents connected to a Municipality of Kincardine Drinking Water source. The need to conduct an Environmental Assessment on the Tiverton Drinking Water allows all stakeholders options and considerations for future deliberations. Concerns that will be reviewed within the Environmental Assessment relate to future growth, development, and expansion of the system; the quality, quantity, and treatment considerations needed to continue to deliver safe drinking water; the financial considerations and resources needed to deliver services, and the Standard of Care needed under Regulations and the Safe Drinking Water Act.

• Motion #

  That Council support the recommendation brought forward to begin an Environmental Assessment process for the review of the Tiverton Water Supply, and

  Further that Council supports a 2024 pre-budget approval in the amount of $200,000 to be funded from Water Reserve RF68 for this project.

f.

Bruce Power Water Agreement Completion of Phase I Work and Phase II Scope of Work, Environmental Services-2023-48

Bruce Power and the Municipality wish to enter into an agreement to document the completion of Phase I Scope of Work as defined in the Water Supply Agreement and to execute Phase II Scope of Work and enter into a new Funding Agreement to set cost cap for the said works.

• Motion #

  That Council direct the Mayor and Clerk to execute the letter of agreement regarding phase 1 completion of work and waiver.

g.

Mt. Forest Ave. Reconstruction Tender, Environmental Services-2023-47

Council is being asked to award the tender to the low bidder Omega Contractors Inc. in the amount of $1,116,482.11 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 reconstruction of Mt. Forest Ave. to Omega Contractors Inc. in the amount of $1,116,482.11 inclusive of the non-refundable portion of HST.

h.

Mt. Forest Ave Cost Sharing Agreement, Development Services-2023-36

Mt. Forest Ave. requires reconstruction and has been on our capital plan for a number of years. The 2021 streetscan indicated a PCI value of 31. Within that construction, staff have ensured that upgrades to servicing are completed to support potential development of approximately 230 acres. Undertaking the upgrades now ensures our restored assets will not be prematurely impacted and will allow development opportunities to proceed. A tender is currently out for bidding with work anticipated for the spring of 2024.

• Motion #

  That Council enter into a Cost Sharing Agreement with Ontario Peninsula Farms Ltd. and 13428290 Canada Inc. for the purpose of upgrading Mt. Forest Ave. to support future development while completing reconstruction of an amortized asset;

  That the 2023 Capital Budget be amended to increase the municipal funding contribution by $380,000 using the funding sources identified in staff report Development Services-2023-36;

  That the Mayor and Clerk be authorized to sign all documentation.

i.

Kincardine Ave Servicing Extension Tender, Development Services-2023-42

Council is being asked to award the tender to the low bidder Omega Contractors Inc. in the amount of $1,723,500.72 inclusive of the non-refundable portion of HST.

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

• Motion #

  That Council award the Kincardine Avenue Servicing Extension tender contract to the low bidder Omega Contractors Inc. for the tendered amount of $1,723,500.72 contingent upon a signed cost sharing agreement with benefitting landowners.

j.

Kincardine Skating Club Facility Use Agreement, Parks Facilities-2023-21

Staff are recommending that Council approve a one-year lease agreement with the Kincardine Skating Club, for the purpose of outlining the responsibilities of both the Municipality and the Kincardine Skating Club as it pertains to their operations within the Davidson Centre.

• Motion #

  That Council approve the Kincardine Skating Club Agreement for a one-year term.

k.

Interim Ladders at the Kincardine Pier Motion, Parks Facilities-2023-22

Council has directed upgrades to the safety features at the Piers, as well as beach access points. Staff have prepared information to demonstrate how some of the activities may be coordinated with input that is being provided through the Pier Safety Ad-hoc Committee as well as the Smart Beach Program.

7.2

Addendum Items

8.

Matters for Decision

8.1

Notice of Motion - Prior to the Meeting

None provided.

8.2

Notice of Motion - At the Meeting

8.3

Motions

a.

Call for an Amendment to the Legislation Act, 2006

Removed from November 22, 2023 consent agenda for consideration.

• Motion #

  That the Municipality of Kincardine support the Township of McKellar's Resolution No. 23-671 regarding a call for an Amendment to the Legislation Act, 2006 to include digital publications as an acceptable means of publication and notice requirements for Provincial Acts and Regulations.

b.

Support Bill C-310

Removed from the November 22, 2023 consent agenda for consideration.

• Motion #

  That the Municipality of Kincardine support the Municipality of Wawa's Resolution No. RC23265 requesting the Government of Canada to support Bill C-310 and enact amendments to subsections 118. 06 ( 2) and 118. 07 ( 2) of the Income Tax Act in order to increase the amount of the tax credits for volunteer firefighting and search and rescue volunteer services from $ 3,000 to $10,000; and 

  That a copy of the resolution be shared with the MP Ben Lobb, Association of Fire Chiefs of Ontario, and Association of Municipalities of Ontario.

c.

Automated Speed Enforcement Systems on Municipal Roadways

Removed from the November 22, 2023 consent agenda for consideration.

• Motion #

  That the Municipality of Kincardine support the Municipality of Wawa's Resolution No. RC23261 requesting the Ontario Government amend s.205. 1 of the Highway Traffic Act to permit municipalities to locate an Automated Speed Enforcement system permanently or temporarily on any roadway under the jurisdiction of municipalities and as determined by municipalities and not be restricted to only community safety zones and school safety zones.

d.

Appoint Acting Clerk

• Motion #

  That Chief Administrative Officer Jillene Bellchamber-Glazier be appointed Acting Clerk, when it is necessary for the Clerk to leave the meeting, for the purpose of taking minutes for the December 13, 2023 closed and open meetings.

8.4

Consideration of By-laws

a.

2024 Rates and Fees Amendment (1) By-law

By-law to amend Schedule I to include a deposit amount for a municipal drain agreement and Schedule K to reflect revisions to the Development Charges in accordance with the most recent twelve month change in the Statistics Canada Quarterly, Construction Price Statistics, as per By-Law 2021-114.

• Motion #

  That the “2024 Rates and Fee Amendment (1) By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2023 - 

b.

Appoint Ron Simmons and Matt Cottrill as Interim Acting Fire Chief

• Motion #

  That the “Appoint Ron Simmons and Matt Cottrill as Interim Acting Fire Chief” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2023 - 

c.

By-laws from Meeting

• Motion #

  That the following By-laws are hereby read a first, second and third time, and finally passed this 13th day of December, 2023:

  1. Amendment to Comprehensive Zoning By-law 2003-25, CON 11 LOT 5, Municipality of Kincardine (Former Township of Bruce) (Eby) By-law No. 2023 - ;

  2. Amendment to Comprehensive Zoning By-law 2003-25, CON A PT LOTS 47 AND 48 RP; 3R1377 PT PARTS 2 AND 3 [Finnie] By-law No. 2023 - ;

  3. Amendment to Comprehensive Zoning By-law 2003-25, TP S PT LOT 21 N PT LOT 22;HURON TERRACE W/S [Austman] By-law No. 2023 - ;

  4. Amendment to Comprehensive Zoning By-law 2003-25, Municipality of Kincardine [Kincardine Housekeeping] By-law No. 2023 - ;

  5. Mount Forest Avenue (Omega Contractors Inc.) Tender Acceptance By-law No. 2023 - ;

  6. Mount Forest Avenue Cost Sharing Agreement (2023) By-law No. 2023 - ;

  7. 2023 Budget Amendment (3) By-law No.  2023 - ;

  8. Bruce Power Letter Agreement (2023) By-law No. 2023 - ;

  9. Award Tender #RFT ES 2023-21301 By-law 2023 - ; and

  10. Figure Skating Club Agreement (2023) 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.

Statistical and Information Reports

Recommendation: Receive and file statistical reports.

a.

Environmental Services Compliance Report November 2023, Environmental Services-2023-45

b.

November 2023 Building Report

b.

Minutes of Committees and Boards

Recommendation: Receive and file minutes.

a.

Pier Safety Ad-Hoc Minutes - November 16, 2023

b.

Accessibility Advisory Committee Minutes

c.

Saugeen Valley Conservation Authority, October 19, 2023

c.

Communications

Recommendation: Receive and file all communications.

a.

Rural Medicine Retreat Team - Thank you

b.

Multi-Municipal Energy Working Group - Minutes and Letter to IESO

c.

Saugeen Valley Conservation Authority - 2024 Meeting Schedule

d.

AMO - Watchfile November 23, 2023

Link to newsletter

e.

Municipality of South Bruce - Ontario Association of Sewage Industry Services

f.

Municipality of Grey Highlands - Battery Energy Storage Systems

g.

Motions other Municipalities

a.

Amendment to the Legislation Act, 2006

b.

Guaranteed Livable Income

c.

Gender-based and intimate partner violence an epidemic in Ontario

d.

Bill 21, Fixing Long-term Care Amendment Act

e.

Cigarette Producer Responsibility

f.

Support Tax Credit for Firefighters

g.

Proposal to Expand the use of Permit-by-Rule

h.

Conservation Officer Reclassification

i.

Chronic Pain Treatment Support

j.

Unnecessary Noise - Engine Brakes

k.

1/3 Funding Grant Programs

l.

Provincial Consideration for Amendments to the Residential Tenancies Act

m.

Ontario Works Financial Assistance Rates

n.

Strong Mayor Powers and Leave to Construct Threshold

o.

Amend Highway Traffic Act for Use of Automated Speed Enforcement Systems

p.

Illegal Land Use Enforcement

d.

Acceptance of Consent Agenda

• Motion #

  That Council approve the recommendations contained in the consent agenda dated December 13, 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 purpose of considering:

  1) The minutes dated November 22, 2023;

  2) A proposed or pending acquisition of land by the Municipality or Local Board (acquisition of land for Booster Station);

  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 (CAO Performance Appraisal); 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 December 13th, 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.