Council Info July 10, 2023

The following is a summary of major discussion items presented at Council and Committee of the Whole on July 10, 2023. Please refer to the website for the complete and official records of the meeting including consent agenda items, motions of Council, communications, detailed reports, and attachments.

You can watch Council meetings live on Rogers TV Channel 6, on demand at www.rogerstv.com, or stream here. Council is also broadcasted live on Bruce Telecom TV.

(Note: if there is a technical interruption during the live stream you may find meetings on YouTube).

Visit our website at www.kincardine.ca or follow us on social media to receive updates on Council and Committee of the Whole meetings.

• Council meeting
• Committee of the Whole Meeting
• Committee of Adjustment

Minor Variance Application 

Applicant: Kevin Machan and Caroline Harrison - 317 Mechanics Avenue

Planning Report: A-2023-015

The Bruce County Planner explained 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.

The Committee of Adjustment approved Minor Variance Application A-2023-015 to increase the height to 7m for an accessory structure, subject to the conditions on the Decision Sheet.

Consideration of Motions

Amendments to the Highway Traffic Act

This item was added for Council's consideration from the July 5, 2023, Consent Agenda.

Council of the Municipality of Kincardine supported 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.

A copy of this resolution will 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). 

Secord Monument Placement

Councillor Blackwell brought forward a notice of motion for council’s consideration which was amended and adopted as follows:

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); and 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.

Consideration of By-laws

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

Council approved the “2023 Consolidated Rates and Fees Amendment (5) By-law”.

Advertising and Revenue Generating Policy

Council deferred the “Advertising and Revenue Generation Policy By-law” until a meeting in August.  

Ministry of Transportation Agreement (Construct Watermain) By-law

Council approved the “Ministry of Transportation Watermain Agreement (2023) By-law”.

Ministry of Transportation Agreement (Sanitary Sewer) By-law

Council approved the “Ministry of Transportation Sanitary Sewer Agreement (2023) By-law”.

Rural Economic Development Program Agreement

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.

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

Council approved the Draft Plan of Subdivision S-2022-015 by JHY2INV Development Inc. in accordance with the Draft Plan and Conditions of Draft Approval; Council approved the Zoning By-law Amendment Z-2022-084 by JHT2INV Development Inc.; and resolved 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.

Water and Wastewater Master Plan Update, Environmental Services-2023-25

This report is a summary of the Water and Wastewater Master Plan to date, and identifies the next steps required for moving the plan forward with the issuance Notice of Master Plan and the start the 30-day public review period.

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

Mystic Cove Gate, Operations-2023-14

Staff brought forward considerations related to the existing policy and management of the Mystic Cove gate. Council directed staff to complete community engagement. Staff have completed a public survey and held an information session.

From those efforts, staff have put together a summary of the feedback and presented a variety of options below for Council to consider. Staff are recommending Council amend By-Law No. 2011-068 to allow the gate to be opened from December 1 through February 28 and further to rescind Policy TP 3.1 – Emergency Access to The Bruce Nuclear Power Development. Staff recommend a decision be made at a regular meeting in August to provide time for Council to consider staff’s recommendation related to the gate.

Committee of Whole recommended that Council direct staff to amend By-law No. 2011-068 to permit the opening of the Mystic Cove gate from December 1 through February 28 annually; and

Further, that Council repeal Policy TP 3.1 – Emergency Access to The Bruce Nuclear Power Development.

Council will make their decision at the August 14, 2023, meeting to allow further engagement amongst Council and the community on the recommendation.

The Lindston Group Inc. Subdivision Agreement, Development Services-2023-22

The owners of the Lindston Group Inc. development are completing their conditions of approval for the subdivision approval. A condition is that the Owner enter into a Subdivision Agreement with the Municipality agreeing to satisfy all the requirements, financial and otherwise of the Municipality concerning the provision of roads, installation of services, facilities, and drainage. As the documents have been circulated and reviewed the recommendation is to proceed with the Subdivision Agreement. By approving the agreement this will allow the development to proceed and provide the Municipality with residential development potential.

Council approved the Subdivision Agreement for the Lindston Group Inc, substantially in the form attached to Report Development Services 2023-22, be approved by Council by by-law; and that the Mayor and Clerk be authorized to execute any documents and agreements required by the approval of this Agreement.

Holding Removal Bylaw – Bradstones Developments Inc., Development Services-2023-24

A request for removal of a Holding provision from Part Lot 18, Concession A, Kincardine has been received from the owner, Bradstones Developments Inc (c/o Chad Freeman). The subject property is currently zoned R3-y-H under bylaw 2020-142. The proposed development is to permit a 10 Block, 36-unit condominium (townhouse) development which will consist of 2 storey units with attached garages.

Council passed a by-law for the removal of the Holding “H” provision; together with an easement over part Lot 18, concession A Kincardine.

Various Culvert Replacement Tender, Operations-2023-13

The Operations Department, through R.J. Burnside and Associates Ltd., posted a Request for Tender (RFT) for the replacement of two (2) culverts. Initial bids received were above the approved budget amount. The RFT was formally cancelled and a new RFT with an amended scope of work was reissued. Staff are requesting that Council award the contract to E.C. King Contracting for the tendered amount of $205,921.18 (including HST rebate).

Council awarded the Project 9114 Various Culvert Repairs to E.C. King Contracting for the tendered amount of $205,921.18 (including HST rebate).

Award Municipal Drain #21 Tender, Environmental Services-2023-26

A request under Section 4 of the Drainage Act was brought forward to the Municipality for Improvement of the existing Municipal Drain #21. Through the Drainage Act, the municipal procurement policy, and with oversite from RJ Burnside Engineering the works were tendered for completion on behalf of the Municipality of Kincardine.

Council awarded the contract for Municipal Drain #21 to TAS Excavating and Rentals Limited Construction Corp. for the bid price of $652,300.93 including the municipal share of HST.

Award Kincardine Effluent Generator, Environmental Services-2023-27

The Environmental Services Department is looking to install a standby generator at the wastewater effluent station in Kincardine. The generator’s objective is to provide standby power for the existing UV (Ultra-violet radiation) system and building and ensure continued operations and disinfection of Kincardine wastewater.

Council awarded the contract for a new generator at the Kincardine Effluent Station to 262983 Ontario Inc. o/a Phoenix Electric and Rentals for the bid price of $118,728.48 including the municipal share of HST; and amended the 2023 Budget to fund the additional cost overage of $28,728 from the Sewer Reserve Fund 67.

Information Reports

Infrastructure and Development Quarterly Report 2nd Quarter - Infrastructure Development Quarterly Report-2023-01

This report is to provide a progress update from the Infrastructure and Development Department for this past quarter.

Site Plan Approval – Bradstones Development Inc., Development Services-2023-21

To provide notice to Council of Site Plan Approval for a 10 Block, 36-unit townhouse development located north of Golf Links Rd, – Kincardine.

Site Plan Approval - The Kings Pearl, Tiverton, Development Services-2023-20

To provide notice to Council of Site Plan Approval for an extension of the current parking area, located at 70 King Street, Tiverton – The Kings Pearl Pub and Eatery.

Environmental Services Compliance Report June 2023, Environmental Services-2023-28

To inform Council of any compliance related issues and general information from the Environmental Services Department for the month of June 2023.

Closed meeting

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.

A By-law was passed to sign 3 property purchase agreements with the Ministry of Transportation with the funds with the funds for the sale being directed to the Affordable Housing Reserve Fund.