THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
COUNCIL AGENDA

Wednesday, October 09, 2024

5:00 P.m. - 8:00 P.m.

Council Chambers, Municipal Administration Centre

​Link to View Meeting Live on the Municipality of Kincardine YouTube Channel

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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 October 9th, 2024, in the Council Chambers at the Municipal Administration Centre.

1.1

Land Acknowledgment Statement

Councillor Steinhoff-Gray 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 September 23, 2024 and September 25, 2024 be adopted as printed.

5.

Matters for Public Participation

5.1

Committee of Adjustment

Link to Committee of Adjustment Agenda

• Motion #

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

5.2

Public Meeting

a.

Applicant: Brucelea Poultry Farm Ltd. - 728 North Line

Planning Report: Z-2024-051

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-2024-051 for Brucelea Poultry Farm Ltd. c/o Blair Scott at 728 North Line and the necessary by-law be forwarded to Council for adoption.

5.3

Delegations and Presentations

a.

Bruce County Planning

Monica Walker-Bolton, Land Use Planning Manager and Jack Van Dorp, Director of Planning & Development will provide an update on the new Bruce County Official Plan.

6.

Matters for Discussion and Direction

6.1

Staff Reports

a.

Impact Assessment Agency of Canada Presentation to Municipality of Kincardine, CAO General-2024-28

The Bruce C Project is currently in the planning phase of the Impact Assessment Act (IAA) process. The Impact Assessment Agency of Canada (IAAC) has invited the public and Indigenous peoples to provide information and contribute to the planning the assessment. During the pre-planning phase, the project proponent, Bruce Power, undertook public engagement, including outreach and sessions with municipal council and staff. Municipal staff were also engaged by IAAC during the pre-planning phase and determined that it would be beneficial for IAAC to present to the Municipality of Kincardine Council.

• Motion #

  That Council receive the presentation regarding the Canadian Nuclear Safety Commission and the Impact Assessment Agency of Canada for information with respect to the Bruce C Project.

b.

2025 Budget Plan Report, Financial Services-2024-18

In accordance with FIN.02 - Budget Policy, this Budget Plan Report is intended to provide preliminary budget information for Council’s awareness and to lay out the key factors, assumptions and estimates that may impact the 2025 budget. The report also requests Council’s approval to develop the draft 2025 operating budget using an economic wage increase of 2.5%, which represents the 12-month July CPI as per Policy HR.03.

This report also provides the 2025 Budget Survey results received from 126 respondents that participated in the survey.

• Motion #

  That Council receive the 2025 Budget Plan Report for information; and

  Further that Council approve the 2025 wage increase using the 12-month July CPI of 2.5% as per HR.03 - Compensation & Benefits Policy and the 2025 budget be drafted to incorporate this economic increase accordingly; and

  Further that Council provide direction on the maximum 2025 property tax rate increase, inclusive of the annual Asset Management funding requirement of 3%; and

  Further that Council direct staff on any proposed service level reductions or expansions for 2025.

c.

2025 Consolidated Rates & Fees, Financial Services 2024-20

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 September 2023.

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 2.5% has been applied to the majority of the rates and fees, with minor rounding adjustments. Any significant increases or changes from 2024 fees have been summarized in this report.

• Motion #

  That Council approve the proposed 2025 Consolidated Rates and Fees Schedule as outlined in Staff Report Financial Services-2024-20, effective January 1, 2025.

d.

Debenture for Kincardine Business Park Lands at Highway 9/21, Financial Services-2024-21

The purpose of this report is to obtain Council’s approval to proceed with the conversion of the floating rate capital loan through Ontario Infrastructure and Lands Corporation (OILC) to a debenture, in order to finance the servicing costs for the Highway 9/21 Business Park.

Council’s previous direction through Resolution #07/10/24-03 authorized that the intersection improvements at Russell Street and Highway 21, estimated to cost $800,000, be funded through the existing credit facility with OILC. As this credit facility matures in December 2024, the total borrowing of $2.626 million must be converted to a debenture prior to maturity.

• Motion #

  That Council direct staff to finalize the debenture documentation in the amount of $2,626,000 over a 5-year term for the servicing costs for the Highway 9/21 Business Park to convert the floating rate capital loan through OILC (FA1436) to a debenture

e.

Revisions to Policy P.D 1.2 – Plans of Subdivision/Development, Development Services-2024-25

This report outlines the amendments made to the previous Policy P.D 1.2 – Plans of Subdivision/Development Appendix ‘A’ being the Subdivision Agreement and Appendix ‘B’ Municipal Development and Servicing Guidelines. While these guidelines are primarily aimed at the expansion of residential development within the municipality, developers, builders, and the general public can use this document as a guide for developments created by consent, for individual site developments, or commercial and industrial areas. Further, municipal staff utilize these standards for infrastructure replacements.

• Motion #

  That Council adopt the Policy No. DEV.02 complete with Appendix 'A' being the Subdivision Agreement and Appendix 'B' Municipal Development and Servicing Guidelines.

f.

Sludge Removal, Environmental Services-2024-27

The Municipality continues to invest long-term improvements to its water and wastewater infrastructure. In the spring of 2024, odour related issues began to cause problems at the Kincardine lagoon site. Compliance related issues surrounding total suspended solids became a problem mid 2024 at both the Kincardine and Tiverton lagoon sites. Staff are recommending a procedure to begin the process of removing sludge out of the lagoon systems.

• Motion #

  That Council approve a 2024 budget amendment to accelerate a project for sludge removal from both the Kincardine and Tiverton Lagoon sites at a cost of $680,000 funded from the Sewer Reserve Fund 67.

6.2

Addendum Items

7.

Matters for Decision

7.1

Notice of Motion - Prior to the Meeting

a.

2025 Budget Approval - Council Composition Review

• Motion #
  Moved by: Kenneth Craig
  Seconded by: Rory Cavanagh

  Whereas Section 217 (1) of the Municipal Act, 2001 authorizes a local municipality to change the composition of its council; and

  Whereas a consultant could provide unbiased options for changes to Council composition; and

  Whereas a consultant could provide options that ensure legal principles are being followed; and

  Whereas a consultant could host community conversations, including public open houses and workshops; and now therefore be it resolved

  That Council include in the 2025 budget deliberations $ 12,000 for hiring a consultant to review and provide recommendations specifically on the number of members which would comprise the Council of the Corporation of the Municipality of Kincardine following the 2026 election. 

b.

Whitney Crawford Community Centre

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

  Whereas the Council of the Municipality of Kincardine undertook a community process for the development of a Parks and Recreation Plan in 2023; and

  Whereas the plan identified a net increase of 1,431 new residents by 2031 which is an estimated growth of 11.7%, with increasing population in younger citizens; and

  Whereas the community has expressed interest in a re-design and redevelopment of the Whitney Crawford Community Centre and Council support was demonstrated through the procurement of engineered drawings and building plans in the previous term of Council; and

  Whereas this is a shovel ready project that would replace two facilities within the community of Tiverton, including the existing community centre and library; and

  Whereas the existing community centre and library facilities in the community of Tiverton have several components which have reached the end of their useful life based on the Municipality of Kincardine’s Asset Management Plan; and

  Whereas the cost of a redevelopment of a new community centre in Tiverton was estimated at $7 Million in 2022 and is understood that project estimates will exceed this amount for 2025-2027; and

  Whereas the availability of senior government funding was a consideration for pursuit of a new facility; and
  Whereas a provincial grant for community sport and recreation infrastructure fund is currently available and requires demonstratable support for an eligible project with all expenses being incurred no later than March 31, 2027; now

  Therefore be it resolved that Council direct staff to submit the most current plans designed by NA Engineering for the redevelopment of a community centre in Tiverton and develop a business case for the project, which includes a new library and a new community hall, to Ontario’s Stream 2 of the Community Sport and Recreation Infrastructure Fund prior to the deadline of October 29, 2024; and 

  That Council confirm that if successful in receiving provincial funding to support the redevelopment of a new community centre in Tiverton that the project will take priority over other facilities and recreation capital projects in order to support project completion by March 2027; and 

  That the Municipal portion of the costs be funded through debt with financing through the Community Benefit Fund or as per a  financing recommendation from staff; and

  That once the project is completed, the Municipality will divest itself of other similar municipal assets. 

c.

Accessibility Coordinator - Bruce County

• Motion #
  Moved by: Beth Blackwell
  Seconded by: Andrea Clarke

  Whereas in 2022, Statistics Canada reported that 28% of Ontarians identify as having a disability; and      

  Whereas residents and visitors with disabilities continue to regularly face physical, attitudinal, environmental and technological barriers that prevent them from working, shopping, travelling, volunteering or accessing community spaces which negatively impacts our communities, economic opportunities and personal sense of belonging; and

  Whereas both the County of Bruce and all 8 of the Lower Tier Municipalities are obligated to and have committed to removing barriers and workings towards ensuring their facilities, services and amenities are compliant with both the Ontarians with Disabilities Act, 2001 (ODA) and the Accessibility for Ontarians with Disabilities Act, 2005 (AODA); and

  Whereas improving accessibility and implementing best practice requires significant technical knowledge and expertise in order to ensure capital and operational projects, programs, services, site plans, bylaws and more are complaint or exceed ODA, AODA and other related legislation; and

  Whereas Lower Tier Municipalities, including those with highly engaged Accessibility Advisory Committees, would benefit from a collaborative approach that increases their ability to access this type of knowledge, expertise and experience; and 

  Whereas the neighbouring Counties of Huron and Grey as well as others such as Elgin and Middlesex, employ Accessibility Coordinators that act as a single point of contact for the County itself and the Lower Tier municipalities, and 

  Whereas these Accessibility Coordinators consult on accessibility related projects, assist with implementation of accessibility standards, providing training, communicate best practice, identify grant opportunities and share resources with staff, committees and the public;

  Whereas the County of Bruce has already taken positively aligned actions by setting a goal of becoming a barrier-free community (Multi-Year Accessibility Plan), achieving a Dementia-friendly designation for Bruce County Public Libraries, introducing an Age-Friendly Strategy and adopting a Transportation Master Plan that highlights the importance of accessibility; 

  Now therefore be it resolved that the Municipality of Kincardine requests that the County of Bruce introduce an Accessibility Coordinator position to acts as a collaborative, capacity-building resource for County and Lower Tier staff, Accessibility Advisory Committees and the public so that Bruce County can become a leader in building accessible, welcoming communities for residents and visitors of all abilities. 

7.2

Notice of Motion - At the Meeting

7.3

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 9th day of September, 2024:

  1. Amendment to Zoning By-law 2003-25 for 728 North Line (Brucelea) By-law 2024 - 

  2. 2025 Rates and Fees By-law 2024 - 

  3. Plans of Subdivision / Development Policy 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 - Shiverton

That Council authorize the request of Shelley Roberts c/o Shiverton, for an exemption from the provisions on the Noise Control By-law No. 2008-076, for the hours of 11:00pm to 12:00am on Friday, October 18, 2024 and 11:00pm to 12:00am Saturday October 19, 2024, for an annual fundraising event being held in Tiverton.

b.

Statistical and Information Reports

Recommendation: Receive and file statistical reports.

a.

Infrastructure & Development 3rd Quarter Report, Infrastructure Development Quarterly Report-2024-05

b.

Environmental Services Compliance Report September 2024, Environmental Services-2024-28

c.

Minutes of Committees and Boards

Recommendation: Receive and file minutes.

a.

Saugeen Valley Conservation Authority - July 18, 2024 Meeting Minutes

d.

Communications

Recommendation: Receive and file all communications.

a.

Association of Municipalities of Ontario

a.

Watchfile September 19, 2024

Link to newsletter

b.

Watchfile September 26, 2024

Link to newsletter

c.

Policy Update

b.

Ministry of Agriculture Food and Rural Affairs - Letter from the Honourable Robert J Flack

c.

Randy Ogilvie - Secord monument decision to decommission

d.

Clean Energy Frontier Conference registration

e.

Chandra Shekhar Tripathi - Gratitude for the Volunteer Appreciation Evening

f.

Motions other Municipalities

a.

Region of Waterloo - Solve the Crisis

b.

Municipality of East Ferris - Combined ROMA and AMO Conference

c.

City of Kitchener - Renovictions and Safe and Adequate Housing

d.

Town of South Bruce Peninsula - County Official Plan Review

e.

Acceptance of Consent Agenda

• Motion #

  That Council approve the recommendations contained in the consent agenda dated October 9th, 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 September 25, 2024; 

  2) A trade secret or scientific, technical, commercial, financial, or labour relations information, supplied in confidence to the Municipality or Local Board, which if disclosed, could reasonably be expected to prejudice significantly the competitive  position or interfere significantly  with the contractual or other negotiations of a person, group of persons, or organization (Bruce Power’s Municipal Socio-Economic Existing Conditions Report); 

  3)  Personal matters about an identifiable individual, including municipal or local board employees (Candidates for vacancy on Accessibility Advisory Committee); 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 October 9th, 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.