THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE

Council Minutes

Monday, July 10, 2023

5:00 P.m. - 6:00 P.m.

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
• Councillor Amanda Steinhoff-Gray
• Councillor Bill Stewart

Staff Present

• Jillene Bellchamber-Glazier, Chief Administrative Officer
• Jennifer Lawrie, Manager of Legislative Services/Clerk
• Lorie Fioze, Manager Strategic Initiatives
• Dwayne McNab, Manager of Development Services
• Mark O'Leary, Manager of Environmental Services
• Corey Voisin, Manager of Operations
• Adam Weishar, Director of Infrastructure and Development
• Jenna Leifso, Records Management Clerk

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1.

Call to Order

Mayor Kenneth Craig called to order the Planning/Corporate Services Meeting of the Council of The Corporation of the Municipality of Kincardine at 5:00 p.m. on Monday July 10, 2023 in the Council Chambers at the Municipal Administration Centre.

1.1

Land Acknowledgment Statement

Councillor Hinchberger opened the meeting with the Land Acknowledgment Statement.

2.

Amendments. Additions or Deletions To/From the Agenda

2.1

Addition - The Rural Economic Development Program Agreement By-law

• Resolution # 07/10/23 - 01
  Moved by: Andrea Clarke
  Seconded by: Rory Cavanagh

  That Council approve the following amendment to the agenda:

  Item 6.5 - The Rural Economic Development Program Agreement By-law

  Carried.

3.

Disclosure of Pecuniary Interest and the General Nature Thereof

Name: Andrea Clarke
Item of Business: 6.2 Advertising and Revenue Generating Policy
General Nature of Interest: Firm advertises within the Municipality.

Councillor Clarke left the Council table and did not comment on the business item while this matter was considered.

4.

Public Meeting

4.1

Committee of Adjustment

• Resolution # 07/10/23 - 02
  Moved by: Amanda Steinhoff-Gray
  Seconded by: Doug Kennedy

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

  Carried.

5.

Consideration of Motions

5.1

Amendments to the Highway Traffic Act

• Resolution # 07/10/23 - 03
  Moved by: Beth Blackwell
  Seconded by: Bill Stewart

  That the Council of the Municipality of Kincardine support the County of Norfolk and multiple other Ontario municipalities in requesting the Ontario Government amend s. 205. 1 of the Highway Traffic Act to permit municipalities to locate  Automated Speed Enforcement Systems permanently or temporarily on any roadway under the jurisdiction of municipality and as determined by the municipality, beyond designated community and school safety zones; and

  That a copy of this resolution be forwarded to the Ontario Minister of Transportation, the Ontario Minister of Municipal Affairs and Housing, MPP Lisa Thompson, and the Association of Municipalities of Ontario (AMO). 

  Carried.

5.2

Secord Monument Placement

• Resolution # 07/10/23 - 04
  Moved by: Beth Blackwell
  Seconded by: Doug Kennedy

  Whereas the Secord Monument has been removed from its previous location due to construction; and

  Whereas the proposed new location post construction won't allow the monument to serve effectively as a sundial; and

  Whereas the commemorative text on the monument contains passages that do not reflect on contributions to the Municipality of Kincardine, the Province of Ontario, or to Canada, and are not consistent with the municipality's commitment to developing and completing actions to improve inclusion, diversity, equity and access (IDEA); now therefore be it resolved

  That Council direct Staff to defer the placement of the Secord Monument until Council has the opportunity to disposition these issues.

  Carried.
• Amendment:
  Resolution # 07/10/23 - 05
  Moved by: Mike Hinchberger
  Seconded by: Amanda Steinhoff-Gray

  That the motion be amended to add "Whereas the commemorative text on the monument contains passages that do not reflect on contributions to the Municipality of Kincardine, the Province of Ontario, or to Canada, and are not consistent with the municipality's commitment to developing and completing actions to improve inclusion, diversity, equity and access (IDEA) and that the last line be amended to remove "review its placement" and replacement "disposition these issues".

  Carried.

6.

Consideration of By-laws

6.1

2023 Consolidated Rates and Fees Amendment (5) By-law

• Resolution # 07/10/23 - 06
  Moved by: Mike Hinchberger
  Seconded by: Andrea Clarke

  That the “2023 Consolidated Rates and Fees Amendment (5) By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2023 - 116.

  Carried.

6.2

Advertising and Revenue Generating Policy

• Resolution # 07/10/23 - 07
  Moved by: Rory Cavanagh
  Seconded by: Amanda Steinhoff-Gray

  That the “Advertising and Revenue Generation Policy By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2023 - 117

  Postpone.
• Amendment:
  Resolution # 07/10/23 - 08
  Moved by: Amanda Steinhoff-Gray
  Seconded by: Rory Cavanagh

  That motion be deferred until August 2023 to include review of additional exclusions and questions.

  Carried.

6.3

Ministry of Transportation Agreement (Construct Watermain) By-law

• Resolution # 07/10/23 - 09
  Moved by: Doug Kennedy
  Seconded by: Beth Blackwell

  That the “Ministry of Transportation Watermain Agreement (2023) By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2023 - 118.

  Carried.

6.4

Ministry of Transportation Agreement (Sanitary Sewer) By-law

• Resolution # 07/10/23 - 10
  Moved by: Bill Stewart
  Seconded by: Jennifer Prenger

  That the “Ministry of Transportation Sanitary Sewer Agreement (2023) By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2023 - 119.

  Carried.

6.5

The Rural Economic Development Program Agreement (2023) By-law

• Resolution # 07/10/23 - 11
  Moved by: Mike Hinchberger
  Seconded by: Andrea Clarke

  That the “The Rural Economic Development Program Agreement (2023) By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2023 - 120.

  Carried.

7.

Move into Committee of the Whole

• Resolution # 07/10/23 - 12
  Moved by: Amanda Steinhoff-Gray
  Seconded by: Doug Kennedy

  THAT Council move into Committee of the Whole and upon completion return to Council.

  Carried.

8.

Matters Arising from Committee of the Whole

8.1

John Tidman S-2022-015 & Z-2022-084

• Resolution # 07/10/23 - 13
  Moved by: Andrea Clarke
  Seconded by: Rory Cavanagh

  That Council approve Draft Plan of Subdivision S-2022-015 by JHT2INV Development Inc. in accordance with the Draft Plan and Conditions of Draft Approval; and

  That Council resolve that no further Notice is necessary with respect to the minor change in the proposed Zoning By-law Amendment in accordance with the provisions of Section 34(17) of the Planning Act; and

  Further that the “Amend Zoning By-law 2003-25, PLAN INVERHURON LOTS 6 TO 10;E VICTORIA ST W ALBERT ST, Municipality of Kincardine (Bruce Township) (JHT2INV Development Inc.) By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2023 - 121.

  Carried.

8.2

Water and Wastewater Master Plan Update

• Resolution # 07/10/23 - 14
  Moved by: Amanda Steinhoff-Gray
  Seconded by: Doug Kennedy

  That Council move forward with issuance of the Notice of Master Plan as noted in the Environmental Services Report 2023-25.

  Carried.

8.3

The Lindston Group Inc. Subdivision (2023) Agreement

• Resolution # 07/10/23 - 15
  Moved by: Beth Blackwell
  Seconded by: Bill Stewart

  That the “The Lindston Group Inc. Subdivision Agreement (2023) By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2023 - 122.

  Carried.

8.4

Amendment to Comprehensive Zoning By-law No. 2003-25, Holding Removal (Bradstones) By-law

• Resolution # 07/10/23 - 16
  Moved by: Jennifer Prenger
  Seconded by: Mike Hinchberger

  That the “Amendment to Comprehensive Zoning By-law No. 2003-25, Holding Removal (Bradstones) By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2023 - 123.

  Carried.

8.5

Award Project 9114-02 Various Culvert Repairs By-law

• Resolution # 07/10/23 - 17
  Moved by: Andrea Clarke
  Seconded by: Rory Cavanagh

  That the “Award Project 9114-02 Various Culvert Repairs By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2023 - 124.

  Carried.

8.6

Award Tender RFT 9414 Municipal Drain #21 By-law

• Resolution # 07/10/23 - 18
  Moved by: Amanda Steinhoff-Gray
  Seconded by: Doug Kennedy

  That the “Award Tender RFT 9414 Municipal Drain #21 By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2023 - 125.

  Carried.

8.7

Award Tender RFQ #02-9470 Generator By-law

• Resolution # 07/10/23 - 19
  Moved by: Beth Blackwell
  Seconded by: Bill Stewart

  That the “Award Tender RFQ #02-9470 By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2023 - 126.

  Carried.

9.

Members of Council General Announcements

10.

Chief Administrative Officer Announcements

11.

Closed Session if Required

• Resolution # 07/10/23 - 20
  Moved by: Jennifer Prenger
  Seconded by: Mike Hinchberger

  That Council move into closed meeting for the purpose of considering a proposed or pending acquisition or disposition of land by the municipality or local board (MTO Land Acquisition - Russell Street and Highway 21), pursuant to Section 239 (2) of the Municipal Act, 2001, as amended; and

  Further that Council return to regular open meeting upon completion.

  Carried.

12.

Matters Arising from Closed Session

Mayor Craig reported that a closed meeting for the purpose of considering a proposed or pending acquisition or disposition of land by the municipality or local board (MTO Land Acquisition - Russell Street and Highway 21), pursuant to Section 239 (2) of the Municipal Act, 2001, as amended. Direction was provided to staff to place a By-law on the open meeting agenda.

• Resolution # 07/10/23 - 21
  Moved by: Jennifer Prenger
  Seconded by: Mike Hinchberger

  That the “Property Purchase Agreements - Ministry of Transportation (2023) By-law” as amended, to direct proceeds to the Affordable Housing Reserve Fund per Section 5.1.4 of the Sale and Disposition of Land Policy, be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2023 - 127.

  Carried.
• Amendment:
  Resolution # 07/10/23 - 22
  Moved by: Mike Hinchberger
  Seconded by: Beth Blackwell

  That the motion be amended to direct the proceeds to the Affordable Housing Reserve Fund per Section 5.1.4 of the Sale and Disposition of Land Policy.

  Carried.

13.

Confirmatory By-law

• Resolution # 07/10/23 - 23
  Moved by: Andrea Clarke
  Seconded by: Rory Cavanagh

  That the By-law to confirm the proceedings of the Council of The Corporation of the Municipality of Kincardine of July 10, 2023 be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2023 - 128

  Carried.

14.

Adjournment

• Resolution # 07/10/23 - 24
  Moved by: Amanda Steinhoff-Gray
  Seconded by: Doug Kennedy

  THAT this Council adjourn at 7:34 p.m.

  Carried.