THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
COUNCIL AGENDA

Wednesday, September 11, 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 September 11, 2024, in the Council Chambers at the Municipal Administration Centre.

1.1

Land Acknowledgment Statement

Councillor Hinchberger 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 August 28, 2024 be adopted as printed.

5.

Matters for Public Participation

5.1

Public Meeting

a.

Applicant: Henry and Lynn Voskamp - 644 Bruce Road 23

Planning Report: Z-2024-007

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 the Zoning By-law Amendment application Z-2024-007 for Henry and Lynn Voskamp at 644 Bruce Road 23 and the necessary by-law be forwarded to Council for adoption.

6.

Matters for Discussion and Direction

6.1

Staff Reports

a.

Secord Monument Discussion/Decision

Council will discuss the Secord Monument.

b.

Declare Seat of Ward 1 Councillor Kennedy Vacant, Legislative Services-2024-23

Doug Kennedy was elected as Ward 1 Councillor for the Municipality of Kincardine for the 2022-2026 term and was a dedicated and valuable member of Council, various committees and the community at large.

Councillor Kennedy passed away on August 15, 2024.

In accordance with the Municipal Act, 2001, S.O. 2001, c.25, when the office of a member of Council becomes vacant under section 259, Council is required to declare the office vacant.

• Motion #

  Whereas Doug Kennedy was elected as Ward 1 Councillor for the Municipality of Kincardine for the 2022-2026 term and was a dedicated and valuable member of Council, various committees and the community at large; and

  Whereas Councillor Kennedy passed away on August 15, 2024;

  Now Therefore Be It Resolved That the Office of Ward 1 Councillor occupied by Councillor Kennedy be declared vacant in accordance with section 262(1) of the Municipal Act, 2001, S.O. 2001, c.25.

c.

Options to fill Vacant Office of Ward 1 Councillor, Legislative Services-2024-24

In accordance with the Municipal Act, S.O. 2001, c.25, when the office of a Member of Council becomes vacant, Council is required to declare the office vacant and determine how the vacancy will be filled: by by-election or appointment.

The Municipal Act requires Council to within 60 days after the day a declaration of vacancy is made (Sunday, November 10, 2024) to appoint a person to fill the vacancy or pass a by-law requiring a by-election to be held to fill the vacancy.

The person appointed or elected to fill a vacancy shall hold the office for the remainder of the term of the person they replaced.

• Motion #

  That Council receive Report Legislative Services 2024-24, Options to fill Vacant Office of Ward 1 Councillor; and further

  That Council approve the Council Vacancy Policy; and further

  That Council direct Staff to proceed with Option _____to fill the Vacant Office of Ward 1 Councillor.

d.

Scott’s Point Updated Well Head Protection Area, Environmental Services-2024-25

The Municipality drilled a new well located at 26 Zepf Drive in 2023, to provide a new source of drinking water to the residents of Scott’s Point. As per Ministry requirements the new site must be evaluated for source water protection and associated risks which could influence the drinking water source.

• Motion #

  That the Council of the Municipality of Kincardine pass a resolution in support of the proposed well head protection area amendment for the Scott’s Point Municipal Well located at 26 Zepf’s Drive; and

  Further, that the Council direct staff to forward the resolution to Saugeen Valley, Grey Sauble, and Northern Bruce Peninsula Source Protection Region.

e.

Lakeshore Radio Broadcasting Updated By-law, Environmental Services-2024-24

The Municipality of Kincardine has had a long-standing agreement with Lakeside Radio Broadcasting Corp. which includes the placement of antennas on the Kincardine Water Tower, and installation of communication equipment within the property parcel at that site. Both parties have reviewed the existing lease agreement and have revised the agreement to better align with current conditions.

• Motion #

  That Council support the recommended amendments to the existing By-law No. 2022-010 Lakeside Radio Broadcasting Agreement; and

  Further that Council enter into an updated three-year agreement with Lakeside Radio Broadcasting Corp.

f.

Impact Assessment Agency of Canada – Bruce C Initial Project Description, CAO General-2024-26

Bruce Power is proposing the construction of a new nuclear generating station, the Bruce C Nuclear Project, on its existing site in the Municipality of Kincardine, within SON Territory. This project, which aims to provide up to 4,800 megawatts of nuclear power for 60 to 100 years, is subject to an integrated assessment under both the Impact Assessment Act and the Nuclear Safety and Control Act. The Impact Assessment Agency of Canada (IAAC) and the Canadian Nuclear Safety Commission (CNSC) are inviting Indigenous Peoples and the public to review and comment on the Initial Project Description by September 12, 2024.

Comments can be submitted online, by mail, or through virtual information sessions, which were scheduled in August. This input will help prepare a summary of issues for the proponent. Participant funding is available, but not for municipalities.

• Motion #

  That Council endorse the Municipality of Kincardine Submission to Impact Assessment Agency of Canada (IAAC) and the Canadian Nuclear Society Commission (CNSC) on the Initial Project Description for the Bruce C New Nuclear Project; and

  That Staff be directed to file the submission with the IAAC.

g.

Mandatory Water and Sewer Connection 124 King Street and 30 Rae Street Tiverton, Development Services-2024-27

The properties known as 124 King Street and 30 Rae Street in the Village of Tiverton are currently not serviced by water or sewer. Typically, the Municipality requires a developer to install servicing, and the Municipality assumes the services once inspections are satisfied. However, due to multiple properties being involved in this area of the community, staff have worked towards a solution that would be beneficial to ensure the service is installed for both 124 King Street and 30 Rae Street.

Staff brought Council a legal opinion in closed session and Council directed staff to bring forward a mandatory connection By-law for their consideration. The prepared By-law requires both properties to pay their respective proportion of costs based on the proposed number of units for each development and outlines that costs would be collected upon the completion of installation of services.

• Motion #

  That Council pass a mandatory connection By-law and direct staff to proceed with servicing the properties known as 124 King Street and 30 Rae Street.

6.2

Addendum Items

7.

Matters for Decision

7.1

Notice of Motion - Prior to the Meeting

a.

Providing Responsive and Effective Government

• Motion #
  Moved by: Mike Hinchberger
  Seconded by: Jennifer Prenger

  Whereas providing Responsive and Effective Government is a focus area in the Integrated Strategy 2.0;
   
  Whereas the role of Council includes developing and evaluating the policies and programs of the municipality;
   
  Whereas Council desires to promote a culture of continuous improvement and to ensure the accountability and transparency of the operations of the municipality; and further 
   
  That Council direct the CAO to ensure that a tabular report of the public submissions into the Report a Concern/Service Request process become a component of the CAO Quarterly Report going forward, subject to satisfying any legislative requirements respecting freedom of information and protection of privacy.

7.2

Notice of Motion - At the Meeting

7.3

Consideration of By-laws

a.

Assigning Existing Airport Hangar Lease By-law

The Municipality proposes to pass a By-law to assign an existing Airport Hangar Lease from Ian Brown, to Ian Brown, Chris McCullough, Mathew Reany and Michael Hahn.  

• Motion #

  That the “Assign Airport Lease Agreement (Brown) By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2024 - 

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 11th day of September, 2024:

  1. Amendment to Zoning By-law 2003 – 25 (Voskamp - Bruce Road 23) By-law 2024 - 

  2. Council Vacancy Policy By-law 2024 - 

  3. Lakeside Radio Broadcasting Corp. Agreement (2024) By-law 2024 - 

  4. Impose Mandatory Water and Sewage Connection (30 Rae Street and 124 King Street) 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.

Statistical and Information Reports

Recommendation: Receive and file statistical reports.

a.

Mayor's Report - AMO Conference Update

b.

Blue-Box Transition Program Update, Environmental Services-2024-23

c.

Environmental Services Compliance Report August 2024, Environmental Services-2024-26

b.

Minutes of Committees and Boards

Recommendation: Receive and file minutes.

a.

Accessibility Advisory Committee Minutes - July 25, 2024

c.

Communications

Recommendation: Receive and file all communications.

a.

Association of Municipalities Ontario

a.

AMO Policy Update - Record-Setting AMO 2024 Conference

b.

Watchfile August 22, 2024

Link to newsletter

c.

Watchfile August 29, 2024

Link to newsletter

b.

Bruce County Museum and Cultural Centre - Last Chance

c.

Minister of Municipal Affairs and Housing Condolences

d.

Motions Other Municipalities

a.

City of Brantford - Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement Letter

b.

Township of Nairn and Hyman - Radioactive Material being Transported to the Township of Nairn and Hyman

c.

Township of Stirling Rawdon - Public Sector Salary Disclosure

d.

Township of Russell - Resolution to Support AMCTO Provincial Updates to the Municipal Elections Act

e.

Township of Whitewater Region - Mental Health Addictions

d.

Acceptance of Consent Agenda

• Motion #

  That Council approve the recommendations contained in the consent agenda dated September 11, 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 August 28, 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 (Physician Recruitment & Retention); 

  3) A proposed or pending acquisition or disposition of land by the Municipality or Local Board (Booster Station Option to Purchase Land); 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 September 11, 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.