THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE

Council Minutes

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Council Chambers, Municipal Administration Centre
Council Present
  • Mayor Kenneth Craig
  • Deputy Mayor Andrea Clarke
  • Councillor Beth Blackwell
  • Councillor Rory Cavanagh
  • Councillor Mike Hinchberger
  • Councillor Doug Kennedy
  • Councillor Jennifer Prenger arrived at 5:08 p.m.
  • Councillor Amanda Steinhoff-Gray
  • Councillor Bill Stewart
Staff Present
  • Jillene Bellchamber-Glazier, Chief Administrative Officer
  • Jennifer Lawrie, Manager of Legislative Services/Clerk
  • Roxana Baumann, Director of Corporate Services
  • Karen Kieffer, Manager of Recreation
  • Brad Lemaich, Fire Chief
  • Dwayne McNab, Manager of Development Services
  • Mark O'Leary, Manager of Environmental Services
  • Adam Weishar, Director of Infrastructure and Development
  • Nicole Bauman, Legislative Services Administrative Assistant

Mayor Craig called to order the Regular Meeting of the Council of The Corporation of the Municipality of Kincardine at 5:00 p.m. on October 11, 2023 in the Council Chambers at the Municipal Administration Centre.

Councillor Steinhoff-Gray opened the meeting with the Land Acknowledgment Statement.

  • Resolution #10/11/23 - 01
    Moved by:Bill Stewart
    Seconded by:Mike Hinchberger

    That the following be added to the agenda:

    1. 8.3 a - Motion re: Water Testing Program at Drainage Pipe on Pine Street.

    Carried.

Name: Amanda Steinhoff-Gray 
Item of Business: 7.1 a & 8.4 c Bruce Power Water Supply Agreement 
General Nature of Interest: Employee of Bruce Power 

Name: Elizabeth Blackwell  
Item of Business: 7.1 a & 8.4 c Bruce Power Water Supply Agreement =
General Nature of Interest: husband's position as an employee of Bruce Power

Name: Jennifer Prenger

Item of Business: 7.1 a  & 8.4 c Bruce Power Water Supply Agreement 
General Nature of Interest: Provide contracted services to Bruce Power as primary employment

Councillor Steinhoff-Gray, Councillor Blackwell and Councillor Prenger left the Council table and did not comment on the business items while  matter was considered.

  • Resolution #10/11/23 - 02
    Moved by:Doug Kennedy
    Seconded by:Mike Hinchberger

    That the minutes of the Council meetings held on September 27, 2023 and October 5, 2023 be adopted as printed.

    Carried.
Councillor Prenger arrived at 5:08 p.m.

Mark Emmanuel, General Manager, Natural Gas for EPCOR Utilities Inc. provided a presentation to the Council as part of Council's external partner orientation. 

Denise Heckbert and Sumesh Guptar from Enbridge provided a presentation on their proposal to build a battery energy storage project on the land beside the substation for their Underwood Wind project. They requested a resolution of Municipal Support for the project. The presentation included information on Enbridge's Renewable Power Activities, independent electricity system operator's goals and process, Enbridge's proposed battery project in Kincardine and the next steps in the consultation process.

Council inquired about the emergency response procedures, the public meeting that was held,  type of batteries (lithium ion),and other mitigation items.

  • Resolution #10/11/23 - 03
    Moved by:Rory Cavanagh
    Seconded by:Beth Blackwell

    That Council extend the five (5) minute time limit for this delegation to ten (10) minutes. 

    Carried.

Resident Michele Gade provided a presentation on the invasive Garlic Mustard plant including what garlic mustard is, where it is in the Municipality, what have they done so far, and what she would like to see done regarding this.

  • Resolution #10/11/23 - 04
    Moved by:Mike Hinchberger
    Seconded by:Amanda Steinhoff-Gray

    That the Garlic Mustard delegation by Michele Gade be referred to Staff.

    Carried.
Councillor Steinhoff-Gray, Councillor Blackwell and Councillor Prenger left the Council table
  • Resolution #10/11/23 - 05
    Moved by:Bill Stewart
    Seconded by:Andrea Clarke

    That Council direct the Mayor and Clerk to execute the Water Supply Agreement with Bruce Power for the provision of Drinking Water to the Bruce Site.

    Carried.
Councillor Steinhoff-Gray, Councillor Blackwell and Councillor Prenger returned to the Council table
  • Resolution #10/11/23 - 06
    Moved by:Doug Kennedy
    Seconded by:Andrea Clarke

    That Council direct staff to execute the indemnification agreement with the Lindston Group Inc.

    Carried.
  • Resolution #10/11/23 - 07
    Moved by:Mike Hinchberger
    Seconded by:Bill Stewart

    That the Council of the Municipality of Kincardine pass a by-law to enter into a Subdivision Agreement with 2068140 Ontario Ltd. and Meat Consultants International Inc.;

    And Further That the Mayor and Clerk be authorized to execute any documents and agreements required by the approval of this agreement.

    Carried.
  • Resolution #10/11/23 - 08
    Moved by:Rory Cavanagh
    Seconded by:Amanda Steinhoff-Gray

    That Council award the contract for the fire pumper truck to Dependable Emergency Vehicles in the amount of $709,363 including the non-refundable portion of HST: and further 

    That Council authorize the purchase of additional equipment/add-ons up to the maximum budget amount of $140,637; for a total capital project cost of $850,000.

    Carried.
  • Resolution #10/11/23 - 09
    Moved by:Rory Cavanagh
    Seconded by:Mike Hinchberger

    That Council grant pre-budget approval for up to $26,500 as the Municipality’s 50% share of the Ontario Closed Circuit Television (CCTV) Grant Program; and

    That the municipal share be funded from the Lifecycle Reserve Fund 82.

    Carried.
  • Resolution #10/11/23 - 10
    Moved by:Mike Hinchberger
    Seconded by:Jennifer Prenger

    That Council extends the timeline for receiving recommendations from the Municipal Tree Canopy and Natural Vegetation Ad Hoc Committee from September to November 2023.

    Carried.
  • Resolution #10/11/23 - 11
    Moved by:Andrea Clarke
    Seconded by:Beth Blackwell

    That Council direct staff to provide a draft by-law to amend the comprehensive zoning by-law to remove minimum floor area requirements; and

    Staff be directed to bring the report of potential surplus properties back to Council; and

    That Council direct that staff arrange for Council discussion at a future Special Council meeting regarding other options identified in the staff report.

    Carried.
  • Amendment:
    Resolution #10/11/23 - 12
    Moved by:Bill Stewart
    Seconded by:Amanda Steinhoff-Gray

    That the motion be amended to remove the second paragraph and that "Staff be directed to bring the report of potential surplus properties back to Council" be inserted in its place.

    Carried.
  • Amendment:
    Resolution #10/11/23 - 13
    Moved by:Beth Blackwell
    Seconded by:Rory Cavanagh

    That the third paragraph of the motion be amended to change "Council Workshop" to  "Special Council meeting".

    Carried.
  • Resolution #10/11/23 - 14
    Moved by:Mike Hinchberger
    Seconded by:Beth Blackwell

    That Council direct staff to prepare a response to the Minister of Municipal Affairs that shares the top 5 recommendations identified by Staff through consultation with Bruce County.

    Carried.

The CAO provided a verbal update to Council on meetings with Saugeen Shores for a unified approach on advocating for local community health care needs in our area. A jurisdictional scan and gap analysis were completed. Recommendation to continue to work together on advocacy efforts.

  • Resolution #10/11/23 -15
    Moved by:Beth Blackwell
    Seconded by:Andrea Clarke

    That Council directs the Mayor and CAO to work with Saugeen Shores to advocate for local community health care needs. 

    Yes (8)Doug Kennedy, Andrea Clarke, Beth Blackwell, Kenneth Craig, Mike Hinchberger, Rory Cavanagh, Jennifer Prenger, and Amanda Steinhoff-Gray
    No (1)Bill Stewart
    Carried.

None.

  • Resolution #10/11/23 - 16
    Moved by:Amanda Steinhoff-Gray
    Seconded by:Jennifer Prenger

    Whereas there has been, and continues to be, water safety concerns at Station Beach; and

    Whereas a revised Aquatic Safety Audit Report, dated 2JUN2016, was prepared by the Life Saving Society of Canada, with recommendations to improve water safety along the beachfront and the piers at Station Beach; and

    Whereas Staff had recommended, and previous Councils had chosen, to implement several of the recommendations in the report; 

    Now Therefore be it Resolved That Council direct Staff to ensure the following recommendations agreed to by previous Councils have been implemented per the specific suggestions contained in the report, and are in good working order, by 15Nov2023, with particular emphasis on:

    1. The No Swimming Zone
      1. Primary Recommendation #2:  A “No Swimming” zone should be designated at least 100m south of the South Pier and 100m north of the North Pier. 
      2. Secondary Recommendation #1 iv): Pier Signage – No Swimming and Warning – Strong Currents signage should be installed on the floor of the pier or on vertical signposts along the lake and harbor sides of both piers.
    2. The Safe Swimming Area
      1. Primary Recommendation #3:  The swimming area intended for use by patrons should be clearly designated through signs, beach flags, and buoy markers.
    3. The Rip Current Safety Signage
      1. Secondary Recommendation #1 ii):  Existing Rip Current Safety Signage.  Simplified Rip Current signage should be provided at each access point and in other locations along the boardwalk.  Sufficient signage should be located such that the warning information is visible for patrons approaching the signage from either the waterfront or the parking lot areas.

    And further that Council direct Staff to complete an assessment, and report back to Council by 31DEC2023, of any actions necessary to implement the following:

    1. Upgrade the current exit points from the piers (i.e. the ladders) including use of ladder extensions, with such assessment to include the required work and costs to make necessary repairs, purchase additional ladder extensions, etc.
    2. Improve the signage associated with the Lifesaving Stations on both piers, to include a listing of the equipment staged at these stations in addition to what to do when equipment is missing, and instruction on where to locate the AED equipment,
    3. Repair the existing spalling damage to the concrete decks of both piers,
    4. Paint a 100 mm wide yellow strip ) along the perimeter edge of both piers for enhanced visibility.    

    And further that Council direct Staff to review, revise if required, and present to Council by 01MAR2024, the inspection program that ensures that any deficiencies in the above will be identified and addressed;

    And further that Council direct Staff to report out on the status of Aquatic Safety Measures at Station Beach, annually, before 1MAY of each year.

     

    Carried.
  • Amendment:
    Resolution #10/11/23 - 17
    Moved by:Mike Hinchberger
    Seconded by:Bill Stewart

    That the motion be amended to change the date in the fourth paragraph from "31Oct2023" to "15Nov2023".

    Carried.
  • Resolution #10/11/23 - 18
    Moved by:Mike Hinchberger
    Seconded by:Beth Blackwell

    THAT Council intends to re-establish the 207/209 Birchwood walkway, connecting to the Birchwood Trail, as a nature trail, and that it be exempted from accessibility considerations and standards and 
     
    THAT all other direction provided by Council in its prior resolution remain the same. 

    Carried.

8.3

 
  • Resolution #10/11/23 - 19
    Moved by:Bill Stewart
    Seconded by:Jennifer Prenger

    That Council approve a water testing program, on a quarterly basis at the end of the drainage pipe that runs along Pine Street into Lake Huron at Inverhuron. 

    Referred to Staff.
  • Amendment:
    Resolution #10/11/23 - 20
    Moved by:Doug Kennedy
    Seconded by:Andrea Clarke

    That the time be changed to every 6 months as opposed to quarterly.

    Defeated.
  • Amendment:
    Resolution #10/11/23 - 21
    Moved by:Beth Blackwell
    Seconded by:Andrea Clarke

    That this motion be referred to staff for additional information.

    Carried.
  • Resolution #10/11/23 - 22
    Moved by:Rory Cavanagh
    Seconded by:Andrea Clarke

    That the “2023 Budget Amendment (2) By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2023 - 167.

    Carried.
  • Resolution #10/11/23 - 23
    Moved by:Bill Stewart
    Seconded by:Mike Hinchberger

    That the following By-laws are hereby read a first, second and third time and finally passed this 11th day of October, 2023:

    1. The Lindston Group Inc. Indemnification Agreement By-law No. 2023-169

    2. 2068140 Ontario Ltd. and Meat Consultants International Inc. (Brown) Subdivision Agreement By-law No. 2023-170

    3. Award Tender #KFES 2023-01 Stock Build Custom Cab Triple Combination Pumper (to Dependable Emergency Vehicles)        By-law No. 2023-171

     

    Carried.
Councillor Steinhoff-Gray, Councillor Blackwell and Councillor Prenger left the Council table
  • Resolution #10/11/23 - 24
    Moved by:Doug Kennedy
    Seconded by:Andrea Clarke

    That the “Bruce Power Water Agreement By-law" be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2023 - 168

    Carried.
Councillor Steinhoff-Gray, Councillor Blackwell and Councillor Prenger returned to the Council table

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.

  • Resolution #10/11/23 - 25
    Moved by:Rory Cavanagh
    Seconded by:Doug Kennedy

    That Council approve the recommendations contained in the consent agenda dated October 11, 2023 and direct staff to proceed with all necessary administrative actions.

    Carried.
  • Resolution #10/11/23 - 26
    Moved by:Mike Hinchberger
    Seconded by:Bill Stewart

    That Council move into closed session pursuant to Section 239 (2) of the Municipal Act, 2001, as amended for: 

    1. Approve Closed Session Minutes dated September 27, 2023 and October 5, 2023; and

    2. The purpose of considering a proposed or pending acquisition or disposition of land by the Municipality or Local Board (acquisition of land); and

    Further that Council return to regular open meeting upon completion.

    Carried.

Mayor Craig reported that a closed session has been held and 
1. The Closed Session Minutes dated September 27, 2023 and October 5, 2023 were approved; and
2. For the purpose of considering a proposed or pending acquisition or disposition of land by the Municipality or Local Board (acquisition of land) and direction was provided to staff regarding this item. 

  • Resolution #10/11/23 - 27
    Moved by:Rory Cavanagh
    Seconded by:Doug Kennedy

    That the By-law to confirm the proceedings of the Council of The Corporation of the Municipality of Kincardine of October 11, 2023 be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2023 - 172.

    Carried.
  • Resolution #10/11/23 - 28
    Moved by:Mike Hinchberger
    Seconded by:Jennifer Prenger

    That this Council Meeting adjourn at 7:56 p.m.

    Carried.
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