THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
COUNCIL AGENDA

Wednesday, November 22, 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 November 22, 2023, in the Council Chambers at the Municipal Administration Centre.

1.1

Land Acknowledgment Statement

Councillor Cavanagh 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 8, 2023 be adopted as printed.

5.

Unfinished Business

6.

Matters for Public Participation

6.1

Delegations and Presentations

a.

Accessibility Advisory Committee

Sharon Woods, Chair will be presenting the Accessibility Advisory Committee's priorities for the upcoming 2024 Municipal Budget.

b.

Kincardine Trails Network

Dave Lafortune and Brad Kirkconnell will be presenting on the hazard and danger tree assessment.

c.

Hindu (Sanatan) Dharma

Chandra Shekhar Pripath and Priya Pandya will be making a delegation on Hindu Heritage Month.

d.

Tiverton and District Lions Club

James McTeer will be providing an update on the fundraising of the Tiverton Splash Pad Project.

7.

Matters for Discussion and Direction

7.1

Staff Reports

a.

Strategic Plan Ad-Hoc Committee, Strategic Initiatives-2023-13

In order to identify and make recommendations regarding the process to develop a strategic plan for 2025, a Strategic Planning Ad-Hoc Committee is being proposed to provide direction on the overall framework to plan and implement a strategic planning process (see attached Terms of Reference). This Ad-Hoc Committee would work with staff to provide advice and recommendations on the process to develop a Strategic Plan including:

- Timelines of the new strategic plan;
- The environmental scan needed to set the context for the planning process;
- The public engagement process including the identification of sectors and participants to be invited to be informed, involved and//or engaged in the process;
- When and if consultants are needed throughout the process; and
- Identify a future measurement and monitoring process for the Strategic Plan.

Should Council approve this Ad Hoc Committee’s Terms of Reference, staff are requesting that Council appoint 3 members of Council to participate in this group.

• Motion #

  That Council pass a By-law to approve the Terms of Reference for the Strategic Plan Ad-Hoc Committee, as presented; and

  Further, that Council appoint the following Council members to the Ad-Hoc Committee ___________, __________, and __________.

b.

Community Improvement Plan, Economic Development-2023-01

Municipal Staff receive requests from developers to provide incentives to develop or redevelop land in the Municipality of Kincardine. Without a Community Improvement Plan (CIP), the provision of incentives or waiving of fees/charges for businesses, developers and landowners is considered ‘bonusing’ and is not permitted under section 106 of the Municipal Act. A CIP is a tool that allows a municipality to direct funds and implement policy initiatives and programs to enhance development and redevelopment in a community.

Section 28 of the Planning Act gives municipalities that have enabling policies in their
Official Plans, the ability to prepare a Community Improvement Plan. Over the past year, municipal and County staff have been working together to develop a new Community Improvement Plan (CIP). The Municipality currently has a CIP that was adopted in 2008 to support the implementation of the County’s Spruce the Bruce Program in downtown Kincardine.

This CIP builds on collaboration between the Municipality and the County, providing a broader range of incentives that could support more priority areas including downtown improvements, affordable/attainable housing, industrial, highway commercial and business park development, and the agricultural sector.

• Motion #

  That Council direct staff to submit the draft Municipality of Kincardine Community Improvement Plan (CIP) to the Ontario Ministry of Municipal Affairs and Housing (MMAH) for review; and

  Further that a Public Meeting be held in early 2024 prior to the Community Improvement Plan coming forward to Council for adoption.

c.

Deeming Bylaw – King Street, Tiverton - Kunkel, Development Services-2023-37

As a Condition of Provisional Approval (Consent) under Section 53(12) of the Planning Act, it is required that a Deeming Bylaw be passed in order deem PLAN 94 LOT 13 KING E/S; PLAN 94 LOT 12 KING; PLAN 94 LOT 11 KING E/S; and PLAN 94 LOT 10 PT LOT 9 KING (Village of Tiverton) not to be lots in a registered plan of subdivision. The removal of the lots from the plan of subdivision allows the lots to be reconfigured and a new reference plan will be registered on title. The existing lot configuration consists of three (3) lots currently fronting onto King St. known as 68, 70, and 72 King St. The passing of a deeming by-law will permit the establishment of three (3) new Residential (R1) lots fronting onto Ross St. and a portion of 72 King St. being severed and merged with 74 King St. to the south. The remainder of 72 King St will be merged to the rear of the new lots that will front onto Ross St.

• Motion #

  That Council pass a Deeming bylaw to deem PLAN 94 LOT 13 KING E/S; PLAN 94 LOT 12 KING; PLAN 94 LOT 11 KING E/S; and PLAN 94 LOT 10 PT LOT 9 KING (Village of Tiverton) not to be lots in a registered plan of subdivision.

d.

Holding Removal Bylaw - BEC Business and Innovation Centre Inc - Farrell Drive, Development Services 2023-

A request for removal of a Holding “H” provision from the listed BEC lands has been received. The subject properties in the recommendation are currently zoned to ECI2-a-h (Energy Centre Industrial Heavy Holding Special) which is subject to a Holding “H” provision. Under By-law 2022-164, conditions were attached through the re-zoning process which required the subject lands to obtain an Archaeological Assessment for development on lands that exhibit high archaeological potential, as well as a Justification Report that demonstrates compatibility with existing uses, and in accordance with the Official Plan to the satisfaction of the Municipality. An Archaeological Assessment and Planning Justification report has been received for the designated lands, satisfying the provisional holding conditions.

• Motion #

  That the Council of the Municipality of Kincardine pass a by-law for the removal of the Holding “H” provision from the following BEC lands:

  22 Farrell Drive - PLAN 3M-113 LOT 12 3R-3861;PART 10, Kincardine

  50 Farrell Drive - PLAN 3M-113 LOT 13 3R-3861;PART 9, Kincardine

  64 Farrell Drive - PLAN 3M-113 LOT 14 3R-3861;PART 7, Kincardine

  131 Farrell Drive - PLAN 3M-113 LOT 2, Kincardine

7.2

Addendum Items

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.

Acting Clerk Motion

• 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 November 22, 2023 closed and open meetings.

8.4

Consideration of By-laws

a.

Appoint Integrity Commissioner By-law

• Motion #

  That the “Integrity Commissioner Appointment (Principals Integrity) By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2023 - 

b.

Motion to Pass By-laws

• Motion #

  That the following By-laws are hereby read a first, second and third time, and finally passed this 22nd day of November, 2023:

  1.  Strategic Plan Ad-Hoc Committee Terms of Reference By-law 2023 - 

  2.  Council Committee Appointment (2023) Amendment (2) By-law 2023 - 

  3.  Lots 9, 10, 11, 12 and 13 Plan 94 Deeming By-law 2023 - ; and

  4.  Amendment to Zoning By-law No. 2003-25, Holding Removal (Business and Innovation Centre Inc.) By-law 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.

Development Services October 2023 Monthly Report

b.

Site Plan Approval – Fairway Estates Ltd., Development Services-2023-27

c.

Integrated Strategy Progress Update, Strategic Initiatives-2023-12

d.

Kincardine By-law Service Reports - August and September

c.

Minutes of Committees and Boards

Recommendation: Receive and file minutes.

d.

Communications

Recommendation: Receive and file all communications.

a.

Association of Municipalities of Ontario

a.

Watchfile, November 2, 2023

Link to newsletter

b.

Watchfile, November 9, 2023

Link to newsletter

b.

Ministry of Transportation - Concerns along Highway 21 between Bruce Ave and North Line Extension

c.

Acciona Energia - Notice of Public Community Meeting Acciona's Battery Energy Storage Project in Kincardine

d.

Community Living Kincardine & District - November 2023 Newsletter

Link to newsletter

e.

Motions other Municipalities

a.

City of Owen Sound - Call for an Amendment to the Legislation Act 2006

b.

Dufferin County - Violence Against Women & Intimate Partner Violence Epidemic

c.

Municipality of Temagami - Support for Bill 21 Fixing Long-Term Care Amendment Act

d.

Municipality of Wawa - Automated Enforcement System

e.

Municipality of Wawa - Call for an Amendment to the Legislation Act 2006 - Digital Publication

f.

Municipality of Wawa - Support of Bill C-310

g.

Municipality of Wawa - Water Treatment Training

h.

Town of Orangeville - Gender Based Violence and Intimate Partner Violence an Epidemic

e.

Acceptance of Consent Agenda

• Motion #

  That Council approve the recommendations contained in the consent agenda dated November 22, 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 (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 minutes dated November 8, 2023;

  2) A proposed or pending acquisition of land by the Municipality or Local Board (acquisition of land in Tiverton);

  3) Labour relations and employee negotiations (Organizational Review);

  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 (Human Resources Matter); 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 November 22, 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.