THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
COUNCIL AGENDA

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Council Chambers, Municipal Administration Centre


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 February 14, 2024, in the Council Chambers at the Municipal Administration Centre.

Councillor Hinchberger will open the meeting with the Land Acknowledgment Statement.

  • Motion #

    That the minutes of the Regular and Special Council meetings held on January 24, 2024 and January 29, 2024 be adopted as printed.

  • Motion #

    That Council move into the Committee of Adjustment Meeting and upon completion return to Council.

Staff have been working with the County of Bruce Economic Development staff to create a new Community Improvement Plan (CIP) that aligns with the enhanced Spruce the Bruce Program and provides a broader range of incentives that could support more priority areas like improvements in our downtowns, affordable/attainable housing, industrial, highway commercial, business park development, and the agricultural sector.

The draft CIP was brought forward to Council for review in late 2023. The Ministry of Municipal Affairs and Housing has since reviewed the draft CIP and had no concerns. A Public Meeting is required under the Planning Act, prior to a CIP being adopted by Council.

  • Motion #

    Subject to a review of submissions arising from the Public Meeting:

    That Council adopt the new Community Improvement Plan (CIP) and areas for the Municipality of Kincardine and the necessary by-laws be forwarded to Council for adoption.

Planning Report: Z-2023-058


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-2023-058 for Donald and Dianne MacArthur for 1397 Concession 9, Municipality of Kincardine.

Staff have reviewed the 2013 Airport Strategic Plan and have provided a summary of completed recommendations below. Additionally, the airport is managed by an Airport Service Provider (ASP) who was retained in early 2019 to manage the site and its services. Below includes a summary of the key deliverables from the ASP from their submitted proposal.

  • Motion #

    That Council receive report Operations-2024-04 for information purposes.

Staff are recommending amendments to the existing Traffic and Parking By-law to increase or decrease speeds on specific sections of roadways identified as collector roads which bring in traffic from highways leading to local urban roads. In the previous Traffic By-law amendment 2023 – 186 and report Operations-2023-24, staff made the recommendation to reduce all residential urban roads to a 40km/h speed limit. Following implementation of the speed reductions, an evaluation on the changes was undertaken by staff with consultation from the Ontario Provincial Police (OPP), because of the evaluation there are refinements being proposed to the By-law to reflect potential improvements for road safety and transport on municipal roads by increasing speeds on some sections of roads to 50 km/hr and 60 km/hr.

  • Motion #

    That the amendments as set out in Report Operations-2024-05 be approved by Council.

Council directed staff to undertake a review of potable water supply to the BEC Industrial Park following a delegation from the Bruce Energy Centre Inc. There is no current agreement in place to fund an engineering review in collaboration with the municipality. To be compliant with the bonussing restrictions in the Municipal Act, 2001, staff are recommending that the beneficiary cover all associated costs of an expanded project scope.

  • Motion #

    That Council direct staff to correspond with the Bruce Energy Centre Inc. (BEC) that the Municipality is willing to consider an agreement between the parties to expand the planned scope of the Municipal Environmental Assessment work related to water source options to the community of Tiverton to include potable water supply to the BEC, subject to the BEC fully funding the expanded scope of the investigation.

A request under Section 78 of the Drainage Act was submitted to the Municipality for consideration of improvement to an existing drain. Through the Drainage Act, the Municipal Procurement Policy, and with assistance and oversight from RJ Burnside Engineering the works were tendered for completion on behalf of the Municipality of Kincardine.

  • Motion #

    That Council award the contract for the Kincardine-Kinloss Municipal Drain Tender to Dozlan Construction Corporation for the bid price of $161,075.90 including the municipal share of HST.

The Municipality has been actively working with developers and participating in servicing upgrades to support a number of development sites. Given the financial commitments and further that there are two other considerations being reviewed currently related to Russell St. improvements and Kincardine Ave. servicing, staff have prepared a summary overview of our financial commitments to the current and proposed front ended agreements.

  • Motion #

    That Council receive report Development Services-2024-04 for information purposes.

The Ministry of Transportation (MTO) has identified that the Russell Street and Highway No. 21 intersection is in need of improvements to address traffic flow and safety issues. Through development and servicing needs at the Kincardine Business Park it is recommended that beyond the MTO proposed improvements the Municipality make the improvements necessary to bring the intersection up to an “ultimate” design.

Staff are asking that Council direct staff to enter into agreements for both a Highway 21 at Russell Street Improvement Agreement and a Sidewalk Maintenance Agreement. Costs attributed to the improvements for the eastern leg of the intersection are recommended to be recovered through a front-ending agreement with the land beneficiaries. Should the benefitting landowners not proceed with a front-ending agreement, staff recommend an update to the Area Specific Development Charge (ASDC) for the overall site development and improvements.

  • Motion #

    That Council direct staff to move forward with the execution of the Highway 21 at Russell Street Legal Agreement and the Sidewalk Maintenance Agreement; and further

    That the Mayor and Clerk sign any necessary documents related to the agreements; and

    That Council direct staff to enter into a front-ending agreement with the beneficiaries for cost recovery from the improvements; and further

    That Council direct staff to undertake an update to the ASDC should the property owners not be agreeable to a front-ending agreement inclusive of a budget amendment to undertake the study.

The new Community Safety and Policy Act (CSPA) will come into effect on April 1, 2024, which will repeal the existing Police Services Act, 1990. As part of this change, the existing Kincardine Police Services Board will be disbanded and replaced with a single board for the South Bruce Ontario Provincial Police Detachment.

The Solicitor General approved the board composition earlier this year and the Municipality of Kincardine is being asked to appoint one Council representative to the new Board.

  • Motion #

    That Councillor Cavanagh be appointed as the Council representative for the South Bruce OPP Detachment Board; and

    That Council authorized staff to continue working with the Working Group (Clerks/Deputy Clerks from South Bruce, Huron-Kinloss, Brockton and Arran-Elderslie) to prepare the necessary drafts and proposals relating to the South Bruce OPP Detachment Board in anticipation of the Community Safety and Policing Act, 2019 coming into effect on April 1, 2024; and

    That the correspondence and resolution from the Municipality of Brockton, proposing to convene a Transition Committee related to the South Bruce OPP Detachment Board be noted and filed.

  • Motion #
    Moved by: Beth Blackwell
    Seconded by: Mike Hinchberger

    Whereas current provincial-municipal fiscal arrangements are undermining Ontario’s economic prosperity and quality of life; and

    Whereas nearly a third of municipal spending in Ontario is for services in areas of provincial responsibility and expenditures are outpacing provincial contributions by nearly $4 billion a year; and

    Whereas municipal revenues, such as property taxes, do not grow with the economy or inflation; and

    Whereas unprecedented population and housing growth will require significant investments in municipal infrastructure; and

    Whereas municipalities are being asked to take on complex health and social challenges – like homelessness, supporting asylum seekers and addressing the mental health and addictions crises; and

    Whereas inflation, rising interest rates, and provincial policy decisions are  sharply constraining  municipal fiscal capacity; and

    Whereas property taxpayers – including people on fixed incomes and small businesses – can’t afford to subsidize income re-distribution programs for those most in need; and

    Whereas the province can, and should, invest more in the prosperity of communities; and

    Whereas municipalities and the provincial government have a strong history of collaboration; now therefore

    Be it resolved that the Province of Ontario commit to undertaking with the Association of Municipalities of Ontario a comprehensive social and economic prosperity review to promote the stability and sustainability of municipal finances across Ontario; and 

    Further that a copy of this motion be sent to the Premier of Ontario; Minister of Municipal Affairs and Housing; the Minister of Finance; MPP Lisa Thompson and to the Association of Municipalities of Ontario.

7.3

 
  • Motion #

    That Council approve an exemption to Section 11.1 a) of the Municipality of Kincardine Procedural By-law No. 2023 - 138, to permit the Regular Council Meeting on Wednesday February 28, 2024, be rescheduled to Wednesday March 6, 2024, due to a scheduling conflict.

That Council authorize the third and final reading of the Kincardine-Kinloss Municipal Drain By-law 2022 - 182, noting that all procedures were followed through the Drainage Act, and support the tendering process moving forward with the expectation this work will commence in 2024, and be approved through Council.

  • Motion #

    That the “Kincardine-Kinloss Municipal Drain Branch A” be deemed to be read a third time and finally passed and numbered as By-law No. 2022 - 182.

  • Motion #

    That the “Municipal Access Agreement-Bruce Telecom By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2024 - 015.

  • Motion #

    That the following By-laws are hereby read a first, second and third time, and finally passed this 14 day of February, 2024:

    1. Holtby Municipal Drain Maintenance By-law 2024 - 

    2. Kennedy Municipal Drain Extension Maintenance By-law 2024 - 

    3. Kennedy Municipal Drain - Huron Extension Maintenance By-law 2024 - 

    4. Kincardine-Kinloss Municipal Drain Maintenance By-law 2024 - 

    5. Kincardine-Kinloss Municipal Drain - Kinloss Maintenance By-law 2024 - 

    6. Norman McArthur Municipal Drain Maintenance By-law 2024 - 

  • Motion #

    That the following By-laws are hereby read a first, second and third time, and finally passed this 14 day of February, 2024:

    1. Designate CIP Areas By-law 2024 - 

    2. CIP Policy Adoption By-law 2024 - 

    3. Amendment Zoning By-law - 1397 Concession 9 (MacArthur) By-law 2024 - 

    4. Award Tender No. 9417 Kincardine-Kinloss Drain Improvement By-law 2024 - 

    5. Traffic and Parking Amendment (8) By-law By-law 2024 - 

    6. Russell Street Improvement Agreement (2024) By-law 2024 - 

    7. Russell Street Sidewalk Maintenance Agreement (2024) By-law - 

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.

Recommendation: Receive and file all communications.

  • Motion #

    That Council approve the recommendations contained in the consent agenda dated February 14, 2024 and direct staff to proceed with all necessary administrative actions.

  • 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 January 24, 2024;

    2)  A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board (Bruce Telecom Update);

    3) Personal matters about an identifiable individual, including municipal or local board employees (Committee of Council); and

    Further, that Council return to Regular open meeting upon completion.

  • Motion #

    That the By-law to confirm the proceedings of the Council of The Corporation of the Municipality of Kincardine of February 14, 2024 be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2024 - 

  • Motion #

    That this Council Meeting adjourn at ______ p.m.

No Item Selected