THE CORPORATION OF THE MUNICIPALITY OF … Agenda Package 08 06... · THE CORPORATION OF THE...

THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Council Agenda of 14 Wednesday, August 06, 2008

1.0 CALL TO ORDER

Mayor Larry Kraemer will call to Order at 4:30 p.m. on Wednesday, August 06, 2008, the Regular Meeting of the Council of The Corporation of the Municipality of Kincardine in the Council Chambers, Municipal Administration Centre.

2.0 ROLL CALL

Mayor Larry Kraemer Deputy Mayor Laura Haight Councillor Guy Anderson Councillor Gordon Campbell Councillor Kenneth Craig Councillor Ron Hewitt Councillor Marsha Leggett Councillor Mike Leggett Councillor Randy Roppel

Council Absent Staff Present John deRosenroll, Chief Administrative Officer Donna MacDougall, Clerk Brenda French, Treasurer Stephen Murray, Economic Development & Tourism Manager

3.0 AMENDMENTS, ADDITIONS OR DELETIONS TO/FROM THE AGENDA 4.0 DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE

THEREOF Name Item of Business Nature of Interest 4.1 MOVE INTO CLOSED SESSION

Motion # 08/06/08 - Moved by: Seconded by: THAT Council move into closed session to consider the security of the property of the municipality or local board and a proposed or pending acquisition or disposition of land by the municipality or local board;

1


AND FURTHER THAT Council return to regular open meeting of Council upon completion.

5.0 PUBLIC FORUM 6.0 ADOPTION OF MINUTES OF REGULAR AND SPECIAL MEETINGS OF

COUNCIL Motion #08/06/08 - Moved by: Seconded by: THAT the Minutes of the Council meeting held on July 2, 2008 and July 9, 2008

be adopted as printed. 7.0 PRESENTATIONS AND PETITIONS 8.0 CONSENT AGENDA (Items listed under the Consent Agenda are

considered routine and are enacted in one motion. The exception to this rule is that a Council member, the Chief Administrative Officer or a citizen may request one or more items to be removed from the consent agenda for separate discussion and action.)

8.1 Adoption of Consent Agenda

Motion #08/06/08 -

Moved by: Seconded by: THAT Council approve the recommendations contained in the consent agenda dated Wednesday, August 06, 2008 attached to this agenda and direct staff to proceed with all necessary administrative actions (with the exception of the following items which will be added to the Committee of the Whole discussion agenda of __________.)

9.0 COMMUNICATIONS

10.0 REPORTS

11.0 MOTIONS & NOTICE OF MOTIONS 11.1 Notice of Motion

2


None noted. 12.0 CONSIDERATION OF BY-LAWS

These by-laws deal with properties under site plan agreements re: wind turbines. The property owners have severed portions of the lands and are requesting that Council release the severed portions from the agreements.

12.1 FIRST AND SECOND READINGS OF BY-LAWS LISTED UNDER

SECTION 12.0, CONSIDERATION OF BY-LAWS OF THE Wednesday, August 06, 2008 MUNICIPALITY OF KINCARDINE COUNCIL AGENDA

Motion #08/06/08 -

Moved by: Seconded by: THAT the following by-laws be deemed to be read a first and second time:

i) the "Amend By-law No. 2007-178 By-law"; ii) the "Amend By-law No. 2007-272 By-law".

12.2 BEING A BY-LAW TO AMEND BY-LAW NO. 2007 - 178

(AUTHORIZING A SITE PLAN AGREEMENT WITH JOHN ROPPEL AND ENBRIDGE ONTARIO WIND POWER LP for Part Lot 20, Concession 6, Bruce, Part Lot 20, Concession 5, Bruce)

Motion #08/06/08 - Moved by: Seconded by:

THAT the “Amend By-law No. 2007 – 178 By-law” be deemed to be read a third time and finally passed and numbered as By-law No. 2008 - _____. 12.3 BEING A BY-LAW TO AMEND BY-LAW NO. 2007 - 272

(AUTHORIZING A SITE PLAN AGREEMENT WITH JOHN HERMAN ROPPEL AND ENBRIDGE ONTARIO WIND POWER LP for Lt 11, Con 5, Bruce)

Motion #08/06/08 - Moved by: Seconded by:

THAT the “Amend By-law No. 2007 - 272 By-law” be deemed to be read a third time and finally passed and numbered as By-law No. 2008 - _____.

3


13.0 COMMITTEE OF THE WHOLE (all delegations will be heard following relevant

reports)

13.1 Move Into Committee of the Whole

Motion #08/06/08 - Moved by: Seconded by: THAT Council move into Committee of the Whole. 13.2 Items for Discussion from Council Meeting

Items from the consent agenda as required.

13.3 Delegations

(A) Bob Jameson - Westario Update (B) Sylvia Stepnow, Dr. Lisa Roth, Isabel Jones, Patt Lowry -

Loss Of Physiotherapy Department, South Bruce Grey Health Centre (Attachment)

13.4 Public Works

Delegations – None noted. COW RECOMMENDATION

13.5 Accessibility Advisory


13.6 Emergency Services Committee

Delegations – None noted.

COW RECOMMENDATION

13.7 Police Services Board Delegations – None noted.

COW RECOMMENDATION

4


13.8 County Council Update Mayor Kraemer will provide an update from County Council.

13.9 Bruce Area Solid Waste Recycling (BASWR) Delegations – None noted.

COW RECOMMENDATION

13.10 Other Areas of Responsibility

(A) ED&T 2008-10

Subject: ATV By-law Report Summary: A draft ATV By-law was presented to Council early 2008

which has now been reviewed by our legal counsel. The by-law is basically the same, however a few changes have been made based on the comments received. The most notable change is we have added the two Bruce County ATV Clubs (The South Bruce Peninsula ATV Club and the Huron Shores ATV Club as "Recognized Agencies”, should either club consider building and maintaining trails in our Municipality sometime in the future. The only ATV access to Municipal property is on the gravel shoulder portion of the road or as direct access to obtain core services such as fuel or lodging. We recognize that not all ATV users have the ability to tow their ATV's with a trailer or in their pick up truck. The By-law also contains a list of those people who are exempt from the By-law while performing their duties.

Origin: EDC

Analysis: The need to regulate ATV use throughout our Municipality

has been a concern of some local residents. The Building and Planning Committee suggested that the Economic Development Committee look at developing a by-law to regulate the use. Some of our neighbouring Municipalities have already passed ATV by-laws, which we used as a guide in developing our own.

5


Existing Policy: None

Financial Considerations: Legal review and the costs to enforce the by-law.

Options: 1. THAT Council adopt the ATV By-law;

2. THAT Council consider an amended ATV By-law; 3. THAT Council not act at this time.

Preferred Option: Option #1 CAO’s Comments: I concur

(B) ED&T 11

Subject: International Plowing Match FYI Report Summary: The Municipality through the CHAT Committee has been

preparing our Municipal display for our portion of the Bruce County Activities Tent for the International Plowing Match. With an estimated 90,000 people expected at the event, our display which is to be geared towards children, contains an easy flow through display allowing visitors to our tent to quickly take away lasting memories of Kincardine The chosen them was "energy", therefore we will be displaying "did you know" facts about our local energy companies as well as the energy of our local residents through their tireless volunteering in our community. We have decorated our approximately 700 square foot area with various floral arrangements and will also be holding a morning and afternoon draw each day for a Blinky Beanie baby. The main attraction of our display will be the wooden cutouts we are currently designing which will allow each visitor the opportunity to stick their heads through and grab a picture of themselves as perhaps: a Scottish Piper, A Flower, A Windmill or a A Farmer or cow...etc... These displays will be kept by the Tourism Department and used at future events for the Municipality. We will be canvassing our local council members and our committee members to see if they can spare a half day at our display to tell visitors what a wonderful place we live in. Staff will participate in set-up and take down.

6


Origin: CHAT

Analysis: Existing Policy:

Financial Considerations: Since the cost was not anticipated during budget preparations, a portion of the CHAT advertising budget will be redirected to accommodate the estimated costs of producing our display ($2,500).

Options: N/A

Preferred Option: N/A CAO’s Comments: I concur

(C) TRE 2008-11

Subject: FYI report re: Funding of Mammography Unit for Kincardine Location of the South Bruce Grey Health Centre (SBGHC)

Report Summary: The SBGHC Board approved the purchase of a

mammography unit together with a five year maintenance package in the first quarter of the 2008 calendar year based on the commitment of the Kincardine and Community Healthcare Foundation to provide the funds. Staffing of this unit remains the responsibility of the Board “for as long as they can”.

Origin: Presentation by Kincardine and Community Healthcare

Foundation

Analysis: On July 2, 2008 the Kincardine and Community Healthcare Foundation requested a donation from Kincardine Council in the amount of $150,000 to fund approximately 50% of the cost of a new mammography machine to which they have already committed to the SBGHC board. Staff were directed by Council to contact both the hospital representatives as well as those of the Southwest Local Health Integrated Network for information on the future of this machine.

7


The Treasurer spoke to Paul Davies, Hospital CEO who indicated that a lengthy discussion took place at a Board meeting regarding the purchasing and operation of this unit. Mr. Davies indicated that the process involved in the purchase of this machine was unusual. Normally the Board presents the Foundations with a list of equipment they feel is required at each location on an annual basis and the Foundation chooses which equipment they will commit to fund-raising. In the case of the mammography unit, the Foundation approached the Board. The Board had previously committed to purchasing a unit to be placed at the Walkerton hospital. The concern was that each machine can service 7500 patients (capacity of both units is 15,000) while the hospital currently completes 5,000 screens per year. While the machine would be donated, operating costs including staffing would now need to be provided in two locations. Mr. Davies indicated that it is the Board’s intention to permanently leave this equipment at the Kincardine site unless directed to do so by the LHIN, in which case the decision would be beyond their control.

The Treasurer spoke to John Haggerty, Chairman of the SBGHC Board. Mr. Haggerty indicated that when the Board agreed to purchase the machine it committed to funding its operations. When asked to comment on a time frame for this commitment, Mr. Haggerty indicated that it would be “for as long as they can”. He went on to say that they received a 2.6% increase in 2008 and will receive 2.1% in 2009 which does not even cover the increases they will face in salaries. Since the Board is not allowed to run a deficit, they must make decisions on which services will be located in each hospital based on the Board’s assessment of their viability. Mr. Haggerty believes service rationalization will continue to be the Board’s responsibility for some time as in his opinion, the LHINs do not have enough staffing at the present time to carry out this function. When asked if the operations of the machine could be funded from public donations (through the foundation or directly), Mr. Haggerty indicated this is not currently allowed under provincial legislation.

The Treasurer contacted the Southwest Local Health Integrated Network via e-mail and asked the following questions.

8


1. Generally, does the LHIN have concerns about the municipality making contributions towards equipment?

2. Does the LHIN have concerns about the municipality making contributions towards this particular equipment?

3. Does the LHIN have the power and if so would it exercise that power to move this equipment to another location of the SBGHC and/or another hospital within the Southwest LHIN?

4. Does the SBGHC have the autonomy at the current time to commit to funding the staffing/supplies portion of the operations of this machinery?

5. Can the Southwest LHIN provide an updated timeframe as to when they expect to have their master plan of service rationalization and locations announced?

6. Once announced, would the SBGHC have the authority to enable them to continue to fund the operations of this machine?

At the time of writing this report no answers have been received. This information will be provided to Council when available.

Existing Policy:Donations normally considered during budget deliberations

Financial Considerations: Since the tax rate has already been set, if Council approves this donation then the following funding options are available:

1. Cancel an existing project 2. Fund from the Healthcare Reserve Fund

The balance in the Healthcare Reserve Fund after taking into account 2008 budgeted expenditures is estimated to be approx $1.64 million.

Options: N/A

Preferred Option: N/A CAO’s Comments: I concur.

(D) TRE 2008-10

Subject: Accounts Receivable Policy Report

9


Summary: Treasury has drafted a written Accounts Receivable Policy (attached) capturing current procedure but amended to reflect a more favourable treatment for non-profit groups (5% vs. 15% interest) and more defined collection procedures

Origin: Council request for treatment of Non-profit groups and

review and documentation of municipal policy

Analysis: The terms set out in the current policy reflect the procedures, interest rate etc that have been used since amalgamation and are very similar to those used by the former municipalities with the exception of those more favourable policies with regard to interest rates and collection procedures proposed for non-profit groups. The policy includes a wider range of collection procedures (i.e. credit bureau) and more details regarding timing of collection action than has previously been used in order to increase timeliness of collections and reduce overall balances including bad debts. Setting out a written policy, provides clear direction to staff, allows ratepayers/customers to see that there is fair and consistent treatment and that these procedures are approved by Council.

Existing Policy:None written, but policy includes current practice with

respect to timing of billing and interest rates

Financial Considerations: The policy should result in higher rates of collection, less bad debts and bank interest income on funds collected. Collecting monies owed on a more timely basis will reduce interest/penalty revenues from the ratepayers/customers.

Options: 1. Adopt the policy as written

2. Adopt the policy with modifications 3. Do nothing

Preferred Option: Adopt the policy as written CAO’s Comments: I concur.

10


(E) CAO 2008 - 14

Subject: Master Municipal Policy Review (Edit #10, August 6, 2008)

Report Summary: This report deals with the ongoing policy review of the

Municipality of Kincardine. Origin: Pursuant to Council’s direction to review and update the

policy binder the following report will initiate that process. Please note that the review process will encompass approximately 2 to 4 policies in each review segment.

Analysis: The process that will be used to facilitate our review and

updating of the municipal policy binder will be: Step #1: Staff to review and update 2 to 4 policies and present the updated version

to Council (through Corporate Services). Step #2: Council to review and provide edits on each group of policies. Step #3 All newly edited final policies will be forwarded to Council for by-law

approval. Part ‘A’ Policies for Council review on August 6, 2008. 1. Road Design Standards TP.1.1 *Recommend that this policy be reviewed and approved. 2. Sale of Surplus Land Procedures PD.1.5 *Recommend that this policy be repealed, as a new

proposed By-law # 2008-? will supersede the policy (draft copy attached)

3. Shared Cost Agreements GG.5.1 *Recommend that this policy be reviewed and approved.

11


4. Site Plan Control Requirements PD.1.1 *Recommend that this Policy be reviewed and approved. Part ‘B’ Policies for Council review on September 10, 2008. 1. Surplus Goods and Equipment G.G.2.9 2. Tax Collection Procedures G.G.2.16 3. Utility/Right of Way Installations P.D.1.6 4. Sidewalk Inspection (New Policy) Existing Policy: Municipal Policy Binder

Financial Considerations: All policy changes may have an impact on our municipal budget and thus each policy will have to be reviewed on a case-by-case basis.

Options: 1. That Council adopt the municipal policies as

contained in report #CAO 2008-14. 2. That Council adopt revised municipal policies. 3. That Council not act at this time.

Preferred Option: Option #1 is the recommended option. CAO’s Comments: Council governs by policy and thus this review is the foundation for all of our actions. Delegations – None noted. COW RECOMMENDATION

13.11 Arise from Committee of the Whole

Motion #08/06/08 -

Moved by: Seconded by: THAT Committee of the Whole return to Council.

12


14.0 MATTERS ARISING FROM COMMITTEE OF THE WHOLE 15.0 MEMBERS OF COUNCIL GENERAL ANNOUNCEMENTS 16.0 CLOSED SESSION IF REQUIRED 17.0 MATTERS ARISING FROM CLOSED SESSION 18.0 CONFIRMATORY BY-LAW Motion #08/06/08 -

Moved by: Seconded by: THAT the By-law to confirm the proceedings of the Council of The Corporation of the Municipality of Kincardine of July 9, 2008 and August 6, 2008 be deemed to be read three times and finally passed and numbered as By-law No. 2008 - .

18.0 SCHEDULING OF MEETINGS

18.1 Council Meetings

August 6, 2008 Regular Council 4:30 p.m. August 13, 2008 Planning/ Corporate Services 5:00 p.m. September 3, 2008 Regular Council 5:00 p.m. September 10, 2008 Planning/ Corporate Services 5:00 p.m. September 17,2008 Regular Council 5:00 p.m. October 1, 2008 Regular Council 5:00 p.m. October 8, 2008 Planning/ Corporate Services 5:00 p.m. October 15, 2008 Regular Council 5:00 p.m. November 5, 2008 Regular Council 5:00 p.m. November 12, 2008 Planning/ Corporate Services 5:00 p.m. November 19, 2008 Regular Council 5:00 p.m. December 3, 2008 Regular Council 5:00 p.m. December 10, 2008 Planning/ Corporate Services 5:00 p.m. December 17, 2008 Regular Council 5:00 p.m.

18.2 Notice of Public Meetings None noted.

18.3 Notice Pursuant to Notice By-law

None Noted.

13


19.0 ADJOURNMENT Motion #08/06/08 - Moved by: Seconded by: THAT this Council adjourn.

14

THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Council Minutes Page 1 of 22 Wednesday, July 02, 2008

1.0 CALL TO ORDER

Deputy Mayor Haight called to Order at 5:00 p.m. on Wednesday, July 2, 2008, the Regular Meeting of the Council of The Corporation of the Municipality of Kincardine in the Council Chambers, Municipal Administration Centre.

2.0 ROLL CALL

Council Present Deputy Mayor Laura Haight Councillor Guy Anderson Councillor Gordon Campbell Councillor Kenneth Craig Councillor Ron Hewitt Councillor Marsha Leggett Councillor Mike Leggett (left the meeting at 5:05 p.m. and returned at 5:35 p.m.) Councillor Randy Roppel

Council Absent

Mayor Larry Kraemer

Staff Present John deRosenroll, Chief Administrative Officer Donna MacDougall, Clerk Brenda French, Treasurer Jim O’Rourke, Pubic Works Manager

3.0 AMENDMENTS, ADDITIONS OR DELETIONS TO/FROM THE AGENDA

3.1 Addition to the Agenda

Resolution # 07/02/08 - 01 Moved by: Mike Leggett Seconded by: Ron Hewitt THAT Council approve the following addition to the agenda: 8.0 Consent Agenda – 2.0 Motions ii)

15


THAT Council has no objection to the temporary extension of a licensed area at the Pavilion, to include a small portion outside of the building to the west, for the Burns Wedding July 12, 2008;

AND FURTHER THAT approval of this extension be subject to compliance with all Municipal requirements.

Carried. 4.0 DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE

THEREOF Name Item of Business Nature of Interest

Deputy Mayor Haight 8.1 Consent Agenda Son receiving payment 1. Accounts as lifeguard

12.1 & 12.7 Reunion Chair of the Reunion Road Closure By-law Committee

Deputy Mayor Haight turned the Chair over to Councillor Craig and left the Council table when the Items of Business indicated above were considered by Council.

5.0 PUBLIC FORUM

There were no registrants for the Public Forum.

6.0 ADOPTION OF MINUTES OF REGULAR AND SPECIAL MEETINGS OF COUNCIL

Resolution # 07/02/08 - 02 Moved by: Kenneth Craig Seconded by: Marsha Leggett THAT the Minutes of the Council meeting held on June 18, 2008 be adopted as

printed. Carried. 7.0 PRESENTATIONS AND PETITIONS

None.

16


8.0 CONSENT AGENDA (Items listed under the Consent Agenda are

considered routine and are enacted in one motion. The exception to this rule is that a Council member, the Chief Administrative Officer or a citizen may request one or more items to be removed from the consent agenda for separate discussion and action.)

Deputy Mayor Haight turned the Chair over to Councillor Craig and left the Council table.

8.1 Adoption of Consent Agenda

Resolution # 07/02/08 - 03

Moved by: Ron Hewitt Seconded by: Mike Leggett THAT Council approve the recommendations contained in the consent agenda dated Wednesday, July 02, 2008 attached to this agenda and direct staff to proceed with all necessary administrative actions with the exception of:

i) 2.0 Motions (i) Source Protection Committee request for support of motion withdrawn at the request of Councillor Roppel for discussion at the July 02, 2008, meeting of COW.

Carried. Deputy Mayor Haight returned to the Council table and assumed the Chair.

Councillor Mike Leggett left the meeting at this point. COMMUNICATIONS

None Noted.

10.0 REPORTS

None Noted.

11.0 MOTIONS & NOTICE OF MOTIONS 11.1 Notice of Motion None noted. 11.2 Heritage Designation of 1558 Con. 12 - Staff Direction

17


Resolution # 07/02/08 - 04 Moved by: Guy Anderson Seconded by: Ron Hewitt

THAT the Council of The Corporation of the Municipality of Kincardine direct staff to proceed with the heritage designation process for the property identified as 1558 Concession 12, as outlined in Report ED&T 2008-07 presented June 18, 2008. Carried.

11.3 Adopt Policy No. PD.1.2, GG.1.5, GG.3.3, GG.1.7, GG.1.8 and PD.5.2 Resolution # 07/02/08 - 05 Moved by: Guy Anderson Seconded by: Kenneth Craig

THAT Council adopt amended Policy No. PD.1.2 – Plans of Subdivision; AND FURTHER THAT Council adopt Policy No. GG.1.5 – Proclamations, Policy No. GG.1.7 – Recognition of Committee Members, Policy No. GG.1.8 – Recognition of Provincial and National Champions and Policy No. PD.5.2 - Special Events Policy; AND FURTHER THAT Policy No. GG.3.3 – Reading File Administration Procedure be repealed. Carried.

11.4 Centennial Park - Declare Surplus Resolution # 07/02/08 - 06 Moved by: Guy Anderson Seconded by: Kenneth Craig

WHEREAS By-law No. 2003-133 requires that the Council of the Municipality of Kincardine, prior to the disposal of any real property, shall by resolution declare the real property to be surplus; NOW THEREFORE BE IT RESOLVED by the Council of the Municipality of Kincardine that the following property be declared surplus to the needs of the Municipality: Con 7 Pt Lt 5 (land locked property adjacent to the former Bruce Township Public School), geographic Township of Bruce, Municipality of Kincardine, County of Bruce, and identified by roll number 4108 260 002 11703;

18


AND FURTHER THAT the Mayor and CAO be hereby authorized to sign, on behalf of The Corporation of the Municipality of Kincardine, any documents required to allow disposal procedures to commence. Carried.

12.0 CONSIDERATION OF BY-LAWS


SECTION 12.0, CONSIDERATION OF BY-LAWS OF THE Wednesday, July 02, 2008 MUNICIPALITY OF KINCARDINE COUNCIL AGENDA

Deputy Mayor Haight turned the Chair over to Councillor Craig and left the Council table.

Resolution # 07/02/08 - 07

Moved by: Marsha Leggett Seconded by: Randy Roppel That the following by-laws be deemed to be read a first and second time: i) the "Refreshment Vehicle Vending By-law"; ii) the "Amendment (2) to 2007 Consolidated Rates and Fees By-law 2007-372 (Arena Rates) By-law"; iii) the "Nurse Practitioner (O'Rielly) Agreement By-law"; iv) the "Stevens 2008 Encroachment Agreement (1 Huronview Place)

By-law"; v) the "26 Robbie Lane Property Sale By-law"; vi) the "2008 Kincardine Reunion Temporary Road Closure By-law". Carried. Deputy Mayor Haight returned to the Council table and assumed the Chair.

12.2 BEING A BY-LAW TO REGULATE REFRESHMENT VEHICLES

WITHIN THE MUNICIPALITY OF KINCARDINE

Resolution # 07/02/08 - 08 Moved by: Guy Anderson Seconded by: Kenneth Craig

THAT the “Refreshment Vehicle Vending By-law” be deemed to be read a third time and finally passed and numbered as By-law No. 2008 - 113. Carried.

19


12.3 BEING A BY-LAW TO AMEND BY-LAW NO. 2007-372; A BY-

LAW TO ESTABLISH RATES AND FEES FOR SERVICES PERFORMED BY THE MUNICIPALITY OF KINCARDINE (Arena Rates)

Resolution # 07/02/08 - 09 Moved by: Marsha Leggett Seconded by: Ron Hewitt

THAT the “Amendment (2) to 2007 Consolidated Rates and Fees By-law 2007-372 (Arena Rates) By-law” be deemed to be read a third time and finally passed and numbered as By-law No. 2008 - 114. Carried. 12.4 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN

AGREEMENT WITH ANN MARIE O'RIELLY FOR THE PROVISIONS OF A STUDENT BURSARY

Resolution # 07/02/08 - 10 Moved by: Kenneth Craig Seconded by: Randy Roppel THAT the “Nurse Practitioner (O'Rielly) Agreement By-law” be deemed to be read a third time and finally passed and numbered as By-law No. 2008 - 115. Carried. 12.5 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN

AGREEMENT TO PERMIT AN ENCROACHMENT ONTO MUNICIPAL PROPERTY (Scott Stevens)

Resolution # 07/02/08 - 11 Moved by: Gord Campbell Seconded by: Randy Roppel

THAT the “Stevens 2008 Encroachment Agreement (1 Huronview Place) By-law” be deemed to be read a third time and finally passed and numbered as By-law No. 2008 - 116. Recorded Vote Yes No

Anderson, Guy ü

20


Campbell, Gordon ü Craig, Kenneth ü Hewitt, Ron ü Leggett, Mike Absent at time of vote Leggett, Marsha ü Roppel, Randy ü Kraemer, Larry Absent from meeting Haight, Laura ü

Carried. 12.6 BEING A BY-LAW TO AUTHORIZE THE SALE OF PROPERTY

TO ERIN LACHANCE (26 Robbie Lane, Municipality of Kincardine, [geographic Township of Bruce] County of Bruce)

Resolution # 07/02/08 - 12 Moved by: Kenneth Craig Seconded by: Ron Hewitt

THAT the “26 Robbie Lane Property Sale By-law” be deemed to be read a third time and finally passed and numbered as By-law No. 2008 - 117. Carried. 12.7 BEING A BY-LAW TO TEMPORARILY CLOSE STREETS TO

FACILITATE THE 2008 KINCARDINE OLD BOYS AND OLD GIRLS REUNION

Deputy Mayor Haight turned the Chair over to Councillor Craig and left the Council table. Resolution # 07/02/08 - 13 Moved by: Randy Roppel Seconded by: Ron Hewitt

THAT the “2008 Kincardine Reunion Temporary Road Closure By-law” be deemed to be read a third time and finally passed and numbered as By-law No. 2008 - 118. Carried. Deputy Mayor Haight returned to the Council table and assumed the Chair.

21


12.7 BEING A BY-LAW TO PROVIDE FOR A DRAINAGE WORKS IN THE MUNICIPALITY OF KINCARDINE IN THE COUNTY OF BRUCE

(This By-law was read by Council a first and second time June 21, 2006)

Resolution # 07/02/08 - 14 Moved by: Randy Roppel Seconded by: Kenneth Craig

THAT the “Bruce Municipal Drain No. 19 By-Law” be deemed to be read a third time and finally passed and numbered as By-law No. By-law 2006-112.

Carried. 13.0 COMMITTEE OF THE WHOLE (all delegations will be heard following relevant

reports)

13.1 Move Into Committee of the Whole

Resolution # 07/02/08 - 15 Moved by: Gord Campbell Seconded by: Marsha Leggett That Council move into Committee of the Whole. Carried. 13.2 Items for Discussion from Council Meeting

1. 2.0 Motions (i) Source Protection Committee request for support of

motion

Request to be directed to Building & Planning Committee for review. 13.3 Delegations

(A) Gregg McClelland - Kincardine & Community Health Care Foundation

Mr. McClelland requested assistance in the funding of a new digital mammography machine for the Kincardine hospital. He indicated that the cost of the unit is $306,000 and the Foundation is hoping to fundraise $150,000 and asked for the Municipality to partner with them and cover the balance of the cost. He advised that the local

22


doctors support the endeavour, and the SBGHC Board has approved the purchase. The Committee of the Whole discussed the proposal, including Local Health Integration Network’s (LHIN) role, their priorities and need to secure their input; need for additional information from staff on funding source possibilities.

Councillor Mike Leggett returned to the meeting at this point. COW RECOMMENDATION

Committee recommended that staff prepare a report for August meeting on this matter setting out financial aspects and including information from hospital representatives and the South West LHIN.

13.4 Public Works

(A) PWM 2008-15

Subject: Boundary Road Agreement – Bruce/Saugeen Boundary Road

Report Summary: Whereas County Road #11 was downloaded to the Municipality of Kincardine and the Municipality of the Town of Saugeen Shores in 2006. And whereas the two Municipalities have worked together to develop a Boundary Road Agreement, which is attached to this report. Council is asked to authorize the Mayor and CAO to sign the agreement. Origin: County of Bruce

Analysis: Whereas the County of Bruce conducted a County Road

Needs Analysis in 2005/2006, and as a result Bruce County Road #11 was downloaded to the Municipality of Kincardine and the Municipality of the Town of Saugeen Shores, the two Municipalities have jointly developed a Road Agreement. That agreement is presented to Council for their approval.

At the Public Works Committee Meeting on June 23rd the following motion

was passed:

23


Moved by Ron Hewitt Seconded by Stu Mowry That the Public Works Committee recommended sending the

Bruce/Saugeen Boundary Road Agreement between The Corporation of the Town of Saugeen Shores and The Corporation of the Municipality of Kincardine to Council for approval.

CARRIED. Existing Policy: N/A Financial Considerations: 1. The agreement calls for a CPI adjustment to the average annual operating cost of $1,992 per lane kilometer. These costs are to be reviewed every three years. 2. Saugeen will maintain 27 lane kilometers and bill Kincardine 50% of $26,892. Kincardine will maintain three lane kilometers at a cost of $5,976, which will be treated as an offset to the Saugeen Shores bill. 3. In addition to the lane kilometers above, Kincardine will be maintaining from Bruce County Road #33 west to the lake with no cost sharing from Saugeen Shores. There is a minimal service level to this gravel section, estimated to cost $5,000.00 annually.

Options: 1. That Council authorize the Mayor and the CAO to sign

the Bruce/Saugeen Boundary Road Agreement as presented. 2. That Council authorize changes to the Bruce/Saugeen Boundary Road Agreement prior to authorizing the Mayor and CAO to sign an agreement.

Preferred Option: Option No. 1 is the preferred option. CAO’s Comments: I concur. Delegations – None noted. Committee members enquired as to: Saugeen Shores maintaining middle portion and Kincardine the east and west ends (the routes tie in with this

24


arrangement); County Road 33 to the lake (Kincardine will look after this portion at cost of approximately $5,000 based on current traffic and standards – if there are changes, the arrangement will be reviewed). COW RECOMMENDATION Committee concurred with Option 1.

(B) PWM 2008-13

Subject: Public Works Tender No. 2008-08 Roof Replacements Locum House and Airport House.

Report Summary: The Pubic Works Department has advertised a tender for the replacement of the roof at the Locum House and the Airport House. Council is being asked to award the tender to the low bidder Rod Johnston. Funds in the amount of $17,047 would have to be transferred from the Capital Expenses Reserve Fund and would require a budget amendment. Origin: 2008 Capital Budget

Analysis: The tenders to replace the Airport House Roof and the

Locum House Roof were advertised in both local papers on May 21st and May 28th, as well as the Municipal Website. The two projects were advertised as one tender. The tender closed at 12:00 noon on June 11, 2008. The results of the tenders are as follows:

Rod Johnston Locum House $17,287.84 Airport House $24,759.42 Total $42,047.26 excluding GST

Chad Woods Locum House $22,000.00 General Airport House $22,000.00 Contracting Total $44,000.00 excluding GST

North Star Carpentry Locum House $38,956.21 Airport House No Bid (Disqualified as they did not bid on entire tender).

25


Existing Policy: GG2.17 Financial Considerations: Financial Considerations: The Airport has a budget of $10,000 to replace the roof and the Locum House has $15,000 in operating to be used for the roof replacement. The additional required funds of $17,047 would be taken from the Capital Expenses Reserve Fund. A budget amendment is required.

Options: 1. That Council award the Airport Roof and Locum Roof

Contract to the low bidder Ron Johnston at a tendered price of $42,047.26, excluding GST. 2. The Council award the roof contract to the high bidder, Chad Woods. 3. That Council not act at this time.

Preferred Option: Option No. One CAO’s Comments: Due to the condition of the existing roof and the Locum House pending sale, the CAO gave special approval to replace the roof immediately (section 12.0 of policy GG 2.17 emergency authority). I concur. Delegations – None noted. Committee members noted the airport roof tenders substantially exceeded the budget estimate and that other options should be looked at. COW RECOMMENDATION The Committee of the Whole recommended that Council not accept any of the tenders, refer the airport house roof back to the Airport Governance Committee, and proceed with repairs of Locum House roof under emergency provisions of the Purchasing & Procurement Policy.

(C) PWM 2008-14

Subject: Pre-budget Approval Replacement Vehicle Plow/Sander No. 3451

Report

26


Summary: The Public Works Manager is asking for pre-budget approval to conduct the tender and order a new plow/sander truck to replace Vehicle No. 3451. Origin: 2008 Budget Deliberation

Analysis: Vehicle No. 3451 is a tandem/plow sander truck located in

Ward 2. The truck is a 1998 model year with 272,551 kilometers. The average life cycle of a tandem truck is 8 years. Almost $10,000 in repairs would be required for it to pass the required safety at the end of the year. Unforeseen expenses are anticipated due to the deteriorated condition of the truck. This item was contained in the 2008 budget submission but was deferred for one year. $100,000 was placed in a reserve fund.

Given the lengthy period required for delivery of a plow truck after the order is placed, the Public Works Manager is asking for pre-budget approval at this time in order to conduct the tender and place the order for a new truck, expecting delivery in January 2009.

Existing Policy: GG 2.17 Financial Considerations: Pre-budget approval in the amount of $120,000 is required.

Options: 1. That Council grant pre-budget approval for a new

tandem plow/sander truck in the amount of $120,000 and authorize the Public Works Manager to advertise the tender.

2. That Council defers the request until 2009 budget discussions are held.

Preferred Option: Option No. One. This option would avoid the expenses necessary to keep vehicle No. 3451 in service for one more season. CAO’s Comments: I concur. Delegations – None noted.

27


Suggestion made that this purchase be done through a Request for Proposal. COW RECOMMENDATION Committee recommended Option 1.

13.5 Accessibility Advisory


13.6 Emergency Services Committee


COW RECOMMENDATION

13.7 Police Services Board


COW RECOMMENDATION

13.8 County Council Update

Mayor Kraemer was not in attendance to provide update from County Council.

13.9 Bruce Area Solid Waste Recycling (BASWR) Delegations – None noted.

COW RECOMMENDATION


(A) CLE 2008-02 (Part II)

Subject: Public Notice Policy Report

28


Summary: As noted in the original report, the Municipal Act requires municipalities to adopt and maintain a notice policy. It is proposed that the Municipality will provide notice prior to each Council meeting identifying the topics that will be on the Committee of the Whole agenda.

The Committee of the Whole agreed with this approach, however, discussion on the specific papers in which notice is to be provided was broached, and staff were directed to secure costing information and report back to Council. That information is provided below, and it is recommended that staff continue with the current practice of providing notice on the website and in the two Kincardine newspapers under the new notice provisions.

Origin: Municipal Act, 2001, S.O. 2001, c. 25 as amended;

Municipality of Kincardine Notice By-law 2003 – 102

Analysis: A report on the matter of public notice was presented at the June 18, 2008 meeting to the Committee of the Whole. The Committee concurred with the proposed method of notice, however, the issue of where the notice was to be provided was raised. Advertisements under the current Notice By-law are posted on the municipal website and placed in the two Kincardine newspapers. At the June 18 meeting, staff were directed to contact the newspapers in Port Elgin and Walkerton to secure cost information and report back to Council. This report deals only with that aspect, as the Committee of the Whole has already indicated support for the proposed new notice provisions.

Costing information for a sample advertisement was secured from the Port Elgin and the Walkerton papers. The estimated costs cited were $105 and $172. At these rates, the additional cost of advertising would be $10,000 annually.

It is the responsibility of the Municipality to provide information to the public, and it is the public’s responsibility to access the source where the information is provided. The Municipality currently uses both the municipal website and newspapers to provide information required under the notice by-law. Both of these media avenues are readily accessible to any member of the public. The Municipality will never be able to cover off every media publication to

29


which resident and non-resident ratepayers subscribe. They are just too numerous to be financially feasible or responsible. More important is the identification of the sources of the information, their availability, and consistency in the practice. Providing some, but not all, municipal notices in a specific newspaper is not consistent and runs the risk of leading to confusion on the part of the public. They may rely on that specific paper for all notices from the Municipality and that is not the current practice. Should Council opt to put all municipal notices/advertisements in the two additional papers, the increased cost would be substantial.

A suggestion was put forth at the June 18 meeting that the municipal website could be the sole source for this type of notice. This option has merit, as it is efficient, cost-effective, and consistent so it is easily understood by the public where notice will be provided. Plus, it is using one medium (internet) that is readily available to all whether it be privately or through public access (library). In using the newspapers, it is necessary to select among members of the same medium.

Existing Policy: Municipality of Kincardine Public Notice By-law

2003 – 102

Financial Considerations: The advertising budget for the Clerk’s Department for 2008 is $7000 and while it was projected that this is sufficient to cover off the costs of advertising under the new notice provisions for the balance the year in the two Kincardine papers, it is not sufficient to pay the estimated costs of the other two papers. The estimated cost of this type of notice for the two Kincardine newspapers is approximately $4000 annually ($60 per ad X 2 newspapers X 34 meetings per year). However, this is partially replacement of the previous method so it is not entirely new monies. For the Port Elgin and Walkerton papers, the annual estimated cost of $10,000 is entirely new monies.

Options: 1. Continue providing public notice as per current

practice which is post on the municipal website and advertise in the Kincardine News & Kincardine Independent.

30


2. Use the municipal website as the sole source of public notice of Committee of the Whole agenda items. 3. Continue providing public notice on the municipal website and in the two Kincardine newspapers and commence providing public notice in the Port Elgin and Walkerton papers.

Preferred Option: Option # 1. CAO’s Comments: I concur. Delegations – None noted. The Committee members deliberated on the topic of the newspapers where the notice should be provided and the budgetary financial impact of advertising in the four newspapers. COW RECOMMENDATION Committee agreed Option 1 for a period of 6 months approximately until 2009 budget deliberations.

(B) Westario Update

Deputy Mayor Haight provided an update from the Annual Shareholders Meeting held on June 18, 2008. A copy of the 2007 Westario Annual Report was provided. Deputy Mayor Haight advised that the Municipality received a dividend cheque for approximately $72,000. Mr. Bob Jameson will attend the August 06 meeting to provide update.

(C) TRE 2008-09

Subject: Budget Amendment #2 Report Summary: Several changes to the budget have been identified since

its original passage. With the exception of the externally funded omission of Conc 2 Improvements and the reallocation of Gas Tax monies between projects, Council is being requested to fund the increases in expenditures with additional transfers from reserve funds as the Managers have indicated they do not have room within existing budget families to reallocate funds and do not wish to cancel any projects.

31


Staff request that Council consider the Budget Amendment and KCMC Architect appointment – Parkin Architects By-laws as Matters Arising.

Origin: Comparison of actual and budgeted amounts

Analysis: Several changes have been identified as follows: 1. Locum House Roof additional costs (total expenditure is now $17,400 up from original $15,000) funded from Capital Reserve Fund $2,288 and $112 from Locum House operating budget $ 2,400 2. KCMC addition Architect - not in original budget Funded from Healthcare Reserve Fund $170,000 3. Airport House Roof additional costs (total expenditure is now $24,935 up from original $10,000) – funded from Capital Reserve Fund $14,759 and $176 from Airport operating budget $14,935 4. Lighthouse cost overrun – funded from Tourism RF (total expenditure is now $60,200 up from $47,000) $ 13,200 5. Concession 2 improvements – carry over from 2007 Funded by Bruce Power - $92,500 6. Webster St and Golf Links Road – reallocate Gas Tax Funds between projects to conform to grant requirements $0 Existing Policy: Notice requirements

Financial Considerations: Financing these costs from Reserve Funds further depletes them but allows the municipality to continue with these projects while leaving the tax rate unchanged.

Options: 1. Amend the budget as proposed 2. Reallocate funds from other projects, canceling other

work if required 3. Cancel one or more of these projects 4. Fund one or more from an increase in the tax rate

Preferred Option: Amend the budget as proposed. CAO’s Comments: I concur.

32


Delegations – None noted. The Treasurer noted that item 3 (Airport House Roof additional costs) should be deleted based on the Committee of the Whole’s recommendation to Council. The CAO noted that the agreement with Parkin Architects should be deferred to August 06 meeting rather then considering it as a Matters Arising at this meeting. The revenue source for the Lighthouse cost overrun was discussed with several options suggested. COW RECOMMENDATION The Committee concurred with Option 1 modified to exclude item 3 (Airport House Roof additional costs) and with Lighthouse cost overrun to come from the Kincardine Economic Development Fund Reserve Fund (KEDF) rather than Tourism Reserve Fund.

(D) TRE 2008-08

Subject: Reserve and Reserve Funds

The Treasurer provided a summary of Reserve and Reserve Funds based on direction provided by the Committee of the Whole.

Treasurer noted that the number of reserves/reserve funds have been decreased significantly. Suggestion made for ward sub-accounts for any funds that were there from amalgamation.


Resolution # 07/02/08 - 16

Moved by: Gord Campbell Seconded by: Ron Hewitt THAT Committee of the Whole return to Council. Carried.

14.0 MATTERS ARISING FROM COMMITTEE OF THE WHOLE

14.1 Tender for Locum House and Airport House

33


Resolution # 07/02/08 - 17 Moved by: Mike Leggett Seconded by: Gord Campbell WHEREAS the Municipality of Kincardine invited a tender for the replacement of the roofs of the Locum House and the Airport House; AND WHEREAS pursuant to the Purchasing & Procurement Policy GG.2.17, Council reserves the right to not necessarily accept the lowest or any tender; AND WHEREAS the Council deems it appropriate not to accept any of the submitted tenders; NOW THEREFORE BE IT RESOLVED THAT the Locum House roof be replaced under Section 12.0 Emergency Procedures of the aforesaid Purchasing & Procurement Policy to prevent damage to the residence; AND FURTHER THAT the matter of the replacement of the roof of the Airport House be referred back to the Airport Governance Committee for further consideration.

Carried.

14.2 FIRST AND SECOND READINGS OF BY-LAWS LISTED UNDER SECTION 14.0, MATTERS ARISING FROM COMMITTEE OF THE WHOLE, OF THE JULY 2nd, 2008 MUNICIPALITY OF KINCARDINE COUNCIL AGENDA

Resolution # 07/02/08 - 18 Moved by: Kenneth Craig Seconded by: Ron Hewitt THAT the following by-law be deemed to be read a first and second time: i) the “Budget Amendment (2) By-law”.

Carried.

14.3 BEING A BY-LAW TO AMEND BY-LAW NO. 2008-059 – 2008 TAXATION BY-LAW

Resolution # 07/02/08 - 19 Moved by: Mike Leggett Seconded by: Marsha Leggett THAT the “Budget Amendment (2) By-law be deemed to be read a third time and finally passed and numbered as By-law No. 2008 – 119. Carried.

34


15.0 MEMBERS OF COUNCIL GENERAL ANNOUNCEMENTS

Councillors Craig and Hewitt regarding Canada Day fireworks and thanks to the Committee

Councillor Guy Anderson regarding Victoria Park Market/Connaught Park Market operations; Davidson Centre addition excavation started today Councillor Mike Leggett regarding Firefighters Pancake Breakfast Saturday; good work by police over weekend Deputy Mayor Haight regarding OPP station opening

16.0 CLOSED SESSION IF REQUIRED

16.1 Move Into Closed Session Resolution # 07/02/08 - 20 Moved by: Ron Hewitt Seconded by: Marsha Leggett

THAT Council move into closed session to consider personal matters about an identifiable individual, including municipal or local board employees; the security of the property of the municipality or local board; and, litigation or potential litigation, including matters before administrative tribunals; AND FURTHER THAT Council return to regular open meeting of Council upon completion. Carried.

17.0 MATTERS ARISING FROM CLOSED SESSION

None.

18.0 CONFIRMATORY BY-LAW Resolution # 07/02/08 - 21

Moved by: Marsha Leggett Seconded by: Ron Hewitt THAT the By-law to confirm the proceedings of the Council of The Corporation of the Municipality of Kincardine of July 2, 2008 be deemed to be read three times and finally passed and numbered as By-law No. 2008 - 120.

35


Carried.

18.0 SCHEDULING OF MEETINGS

18.1 Council Meetings

July 2, 2008 Regular Council 5:00 p.m. July 9, 2008 Planning/ Corporate Services 4:00 p.m. August 6, 2008 Regular Council 5:00 p.m. August 13, 2008 Planning/ Corporate Services 5:00 p.m. September 3, 2008 Regular Council 5:00 p.m. September 10, 2008 Planning/ Corporate Services 5:00 p.m. September 17,2008 Regular Council 5:00 p.m. October 1, 2008 Regular Council 5:00 p.m. October 8, 2008 Planning/ Corporate Services 5:00 p.m. October 15, 2008 Regular Council 5:00 p.m. November 5, 2008 Regular Council 5:00 p.m. November 12, 2008 Planning/ Corporate Services 5:00 p.m. November 19, 2008 Regular Council 5:00 p.m. December 3, 2008 Regular Council 5:00 p.m. December 10, 2008 Planning/ Corporate Services 5:00 p.m. December 17, 2008 Regular Council 5:00 p.m.

18.2 Notice of Public Meetings None noted.

18.3 Notice Pursuant to Notice By-law

None Noted. 19.0 ADJOURNMENT Resolution # 07/02/08 - 22 Moved by: Marsha Leggett Seconded by: Randy Roppel THAT this Council adjourn.

Carried. _____________________________ __________________________ Mayor Clerk

36


1.0 CALL TO ORDER

Mayor Larry Kraemer called to Order at 4:00 p.m. on Wednesday, July 9th, 2008, the Planning/Corporate Services Meeting of the Council of The Corporation of the Municipality of Kincardine in the Council Chambers, Municipal Administration Centre.

2.0 ROLL CALL Mayor Larry Kraemer Deputy Mayor Laura Haight Councillor Guy Anderson Councillor Gordon Campbell Councillor Kenneth Craig Councillor Ron Hewitt Councillor Marsha Leggett Councillor Randy Roppel Council Absent

Councillor Mike Leggett

Staff Present John deRosenroll, Chief Administrative Officer Melanie Hogeveen, Deputy Clerk Michele Barr, Building and Planning Manager Jim O’Rourke, Public Works Manager Karen Kieffer, Recreation Director Donna MacDougall, Clerk

3.0 AMENDMENTS, ADDITIONS OR DELETIONS TO/FROM THE AGENDA

4.0 DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Name Item of Business Nature of Interest

37


4.1 MOVE INTO CLOSED SESSION

Motion # 07/09/08 - 01 Moved by: Marsha Leggett Seconded by: Kenneth Craig THAT Council move into closed session to consider personal matters about an identifiable individual, including municipal or local board employees and litigation or potential litigation, including matters before administrative tribunals affecting the municipality or local board; AND FURTHER THAT Council return to regular open meeting of Council upon completion. Carried. 4.2 Move Into Committee of the Whole

Motion #07/09/08 – 02 Moved by: Ron Hewitt Seconded by: Kenneth Craig THAT Council move into Committee of the Whole. Carried. 8.3 Other Areas of Responsibility

(A) PWM 2008-17

Subject: Bruce Municipal Drain No. 19

Report Summary: Council is asked to award the tenders for the construction of Municipal Drain No. 19 to the low bidder D & I Wattam Construction for the Open Drain portion and Marquardt Drainage for the Closed Drain portion.

Origin: A landowner’s petition to Council in 1998 and 2002.

Analysis: The Engineer's Report for Bruce Municipal Drain No. 19 was originally completed in July 2005. After reviewing the report and listening to landowner concerns, the Municipality referred the Report back to the Engineer to renegotiate the fisheries issues with Department of Fisheries and Oceans. An addendum to the report was prepared in April 2006 that included these renegotiations. The Court of Revision was held in August, 2006. Two of the

38


landowners appealed to the Tribunal. The Tribunal required three separate sittings and concluded in July 2007. The initial decision from the Tribunal was issued in October, 2007. Clarifications of the orders from the Tribunal were received in February, 2008. Subsequently a new report including the addendum and the Tribunal's orders was produced in June 2008. The tender for Bruce Municipal Drain No. 19 was advertised in the Kincardine News and the Kincardine Independent the week of June 18th and June 25th, as well as being posted on the Municipality's website. The tender notice was also sent by fax to several drainage contractors and suppliers. The tender closed on Thursday, July 3rd @ 12:00 Noon. Four tenders for Part 1 – Open Drain and three tenders for Part 2 – Closed Drain were received prior to closing time. The tenders were opened shortly thereafter and the official results and rankings are as follows:

PART 1 – Open Drain RANK Contractor Total Tender Price (Incl GST) 1. D & I Wattam Construction $ 171,558 2 A.G. Hayter Contracting $ 187,105 3. Postill Excavating $ 267,246 4. Marquardt Drainage $ 347,094 PART 2 – Closed Drain RANK Contractor Total Tender Price (Incl GST) 1. Marquardt Drainage $ 315,326 2. A.G. Hayter Contracting $ 328,409 3. Postill Excavating $ 349,318 The combined total of the two low tenders is 5% higher than the estimate contained in the 2005 R.J. Burnside report, which is well within acceptable limits considering the age of the estimate and the work that has been added to the project since July 2005. At the time of opening, all tenders appeared complete and in order; however, some arithmetic errors were found in the Postill submission. The price breakdowns have now been checked for all tenders and the proposed timing of construction has been reviewed and is acceptable. Subject to provision of adequate insurance certificates, WSIB clearances, the Engineer recommends that Council award the tender to D & I Wattam

39


Construction for the Part 1 – Open Drain Contract and that Council award the tender to Marquardt Farm Drainage Ltd. for the Part 2 - Closed Drain Contract.

Existing The Drainage Act Policy: Purchasing Policy GG.2.1.7 Financial Considerations: The current estimate for the entire project consists of construction (part 1 & 2) excluding GST of $463,699, as well as engineering and miscellaneous costs currently estimated at $272,493 and allowances of $121,455 for a total of $857,647. Of this, the municipal portion is expected to total approximately $250,000. Between the years 1999 to 2008, the Municipality has budgeted and funded $277,500. Therefore awarding the current tenders is within the Municipality’s current budget and still allows funding of some unforeseen expenditures should they arise.

Options: 1. That Council award the tender for the construction of

Municipal Drain No. 19 to the low bidder D & I Wattam Construction for Part 1 - Open Drain ($171,558 incl. GST) and Marquardt Drainage for Part 2 - Closed Drain ($315,326 incl. GST).

2. That Council award the tender for the construction of Municipal Drain No. 19 in another manner.

Preferred Option: Option No. 1 is the preferred option.

CAO’s Comments: I concur.

Delegations: None Noted.

COW RECOMMENDATION

The Committee concurred with Option 1.


Motion # 07/09/08 – 03 Moved by: Randy Roppel Seconded by: Kenneth Craig THAT Committee of the Whole return to Council. Carried.

40


5.0 PUBLIC MEETINGS (Planning Advisory Committee)

Motion #07/09/08 - 04 Moved by: Randy Roppel Seconded by: Ron Hewitt THAT Council move into Planning Advisory Committee to approve the Minutes of the Planning Advisory Committee of June 11, 2008 and to hold a public meeting to discuss planning applications. Carried.

6.0 MATTERS ARISING FROM PLANNING ADVISORY COMMITTEE 6.1 FIRST AND SECOND READING OF BY-LAWS TO AMEND ZONING

BY-LAW NO. 76-13, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE TOWNSHIP OF BRUCE AND ZONING BY-LAW NO. 2003-25, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF KINCARDINE (Steven T. Cotton)

Motion # 07/09/08 - 05 Moved by: Ron Hewitt Seconded by: Kenneth Craig THAT the following by-laws be deemed to be read a first and second time:

i) the “Amendment to Comprehensive Zoning By-law 76-13 (N Pt Lt E, Con 10, Municipality of Kincardine [geographic Township of Bruce]) By-law”;

ii) the “Amendment to Comprehensive Zoning By-law 2003-25 (N Pt Lt E, Con 10, Municipality of Kincardine [geographic Township of Bruce])”.

Carried.

6.2 BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 76-13 BEING TH COMPREHENSIVE ZONING BY-LAW FOR THE TOWNSHIP OF BRUCE (Steven T. Cotton)

Motion # 07/09/08 – 06 Moved by: Randy Roppel Seconded by: Kenneth Craig

41


THAT the “Amendment to Comprehensive Zoning By-law 76-13, (N Pt Lt E, Con 10, Municipality of Kincardine [geographic Township of Bruce]), By-law”, be deemed to be read a third time and finally passed and numbered as By-law No. 2008-121. Carried. 6.3 BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 2003-25, BEING

THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF KINCARDINE (Steven T. Cotton)

Motion # 07/09/08 – 07 Moved by: Gord Campbell Seconded by: Randy Roppel THAT the “Amendment to Comprehensive Zoning By-law 2003-25, (N Pt Lt E, Con 10, Municipality of Kincardine [geographic Township of Bruce]), By-law”, be deemed to be read a third time and finally passed and numbered as By-law No. 2008-122. Carried. 6.4 Planning Advisory Recommendation (Michael Fitt c/o Larry Walton) Motion # 07/09/08 – 08 Moved by: Ron Hewitt Seconded by: Gord Campbell THAT the Council of The Corporation of the Municipality of Kincardine concurs with the recommendation of the Planning Advisory Committee to defer the application of, Michael Fitt c/o Larry Walton, Pt Bl D, Pl 828, Municipality of Kincardine Carried. 6.5 FIRST AND SECOND READING OF A BY-LAW TO AMEND ZONING

BY-LAW NO. 2003-25, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF KINCARDINE (James Patrick Gilcreest)

Motion # 07/09/08 - 09 Moved by: Gord Campbell Seconded by: Marsha Leggett THAT the Following by-law be deemed to be read a first and second time:

42


i) the “Amendment to Comprehensive Zoning by-law 2033-25 (Lt 1 King E,

Bl D, Pl 104, Municipality of Kincardine [geographic Village of Tiverton]), By-law”.

Carried. 6.6 FIRST AND SECOND READING OF A BY-LAW TO AMEND ZONING

BY-LAW NO. 2003-25, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF KINCARDINE (James Patrick Gilcreest)

Motion # 07/09/08 - 10 Moved by: Randy Roppel Seconded by: Guy Anderson

i) the “Amendment to Comprehensive Zoning By-law 2003-25 (Lt 1

King E, Bl D, Pl 104, Municipality of Kincardine [geographic Village of Tiverton]), By-law” be deemed to be read a third time and finally passed and numbered as By-law No. 2008-123.

Carried. 6.7 Planning Advisory Recommendation (West Ridge on the Lake Inc.)

Motion #07/09/08 - 11 Moved by: Gord Campbell Seconded by: Laura Haight THAT the Council of The Corporation of the Municipality of Kincardine concurs with the recommendation of the Planning Advisory Committee to defer the draft Approval of Plan of Subdivision and the Rezoning Application of West Ridge on the Lake (Part Lots 21-24, Con ‘A’), Municipality of Kincardine, [geographic Township of Kincardine]. Carried.

7.0 CONSIDERATION OF BY-LAWS/MOTIONS


SECTION 7.0, CONSIDERATION OF BY-LAWS OF THE WEDNESDAY, JULY 9, 2008 MUNICIPALITY OF KINCARDINE COUNCIL AGENDA

43


Motion #07/09/08 - 12 Moved by: Guy Anderson Seconded by: Kenneth Craig THAT the following by-laws be deemed to be read a first and second time: i) the “Bruce-Saugeen Boundary Road Agreement By-law"; ii) the “KCMC Phase II Contract for Architectural Services

(Parkin Architects Limited) By-law”; iii) the “Municipal Notice By-law 2008". Carried.

7.2 Consideration of By-laws

7.2 (i) BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A BOUNDARY AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE AND THE CORPORATION OF THE TOWN OF SAUGEEN SHORES

Motion #07/09/08 - 13 Moved by: Guy Anderson Seconded by: Gord Campbell THAT the “Bruce-Saugeen Boundary Road Agreement By-law” be deemed to be read a third time and finally passed and numbered as By-law No. 2008 - 124. Carried.

7.2 (ii) BEING A BY-LAW TO ENTER INTO A CONTRACT FOR

ARCHITECTURAL SERVICES FOR THE DESIGN AND SUPERVISION OF THE CONSTRUCTION OF THE KINCARDINE COMMUNITY MEDICAL CLINIC ADDITION (Parkin Architects Limited)

Motion #07/09/08 - 14 Moved by: Gord Campbell Seconded by: Marsha Leggett THAT the “KCMC Phase II Contract for Architectural Services (Parkin Architects Limited) By-law” be deemed to be read a third time and finally passed and numbered as By-law No. 2008 - 125.

44


Recorded Vote YES NO ANDERSON, Guy √ CAMPBELL, Gord √ CRAIG, Kenneth √ HAIGHT, Laura √ HEWITT, Ron √ LEGGETT, Marsha √ LEGGETT, Mike Absent ROPPEL, Randy √ KRAEMER, Larry √

Carried. 7.2 (iii)BEING A BY-LAW TO ESTABLISH NOTICE PROVISIONS FOR

THE MUNICIPALITY OF KINCARDINE

Motion #07/09/08 - 15 Moved by: Kenneth Craig Seconded by: Laura Haight THAT the “Municipal Notice By-law 2008” be deemed to be read a third time and finally passed and numbered as By-law No. 2008 - 126. Carried.

7.3 Consideration of Motions

7.3 (i) Municipal Public Notice

Motion #07/09/08 - 16 Moved by: Gord Campbell Seconded by: Ron Hewitt THAT for the purposes of the Municipal Notice By-law, notice prescribed via newspapers shall be provided in The Kincardine News and The Kincardine Independent for a six month period with this to be reviewed during 2009 budget deliberations. Carried.

45


7.3 (ii) Pre-budget Approval Tandem Plow/Sander Truck

Motion #07/09/08 - 17 Moved by: Laura Haight Seconded by: Kenneth Craig THAT Council grant 2009 pre-budget approval in the amount of $120,000.00 for a new tandem plow/sander truck, as presented in Report PWM 2008-14; AND FURTHER THAT Council authorize staff to proceed with the tendering process. Carried.

8.0 COMMITTEE OF THE WHOLE (all delegations will be heard following relevant reports) 8.1 Move Into Committee of the Whole Motion #07/09/08 - 18 Moved by: Ron Hewitt Seconded by: Laura Haight That Council move into Committee of the Whole. Carried. 8.2 – Delegations None Noted. 8.3 Other Areas of Responsibility/Building & Planning Committee

(A) REC 2008-06

Subject: Davidson Centre Pool Roof Tender Report Summary: Staff is recommending that Council suspend the tender to Imperial Roofing Ltd (Bylaw 2007-278) for the replacement of the Davidson Centre pool roof, pay Imperial Roofing Ltd for materials purchased to date and have the general contractor for the Davidson Centre addition install the roofing

46


as an extra to the contract using the funds allocated from the previous contract. Origin: 2007 Capital Budget Analysis: In the fall of 2007, Council passed Bylaw No. 2007-278, awarding the tender for the replacement of the Davidson Centre Pool Roof to Imperial Roofing Ltd. To date the project has not taken place and the Architect for the Davidson Centre addition notes that there will be work that needs to be done at the pool roof location during the construction of the addition and that if the roofing is completed it would only have to be removed again. Therefore the recommendation is to cancel the contract with Imperial Roofing Ltd and have the Davidson Centre addition general contractor install the metal roofing as an extra to the contract using the funds allocated from the previous contract. The Pool Roof Contractor; Imperial Roofing Ltd has provided the Municipality with an authorization letter endorsing this recommendation. The Recreation Services Committee made a motion also supporting the above recommendation. I have spoken with the Operations Manager from Imperial Roofing Ltd and they also agree with suspending the tender for the Davidson Centre roof project and are asking for reimbursement of materials purchased to date totaling $22,250.78 plus G.S.T.

Existing Policy: Council approval to suspend tender and add as an extra to Davidson Centre addition project. Financial Considerations: In the 2008 Capital budget, $66,475 was allocated to this project and after paying for the materials purchased to date which amount to $22,250.78 that leaves $44,224.22 for the installation of the roof. Options: 1. Suspend the tender, pay for materials to date and

have the general contractor for the Davidson Centre install as an extra to the contract.

2. Do not suspend tender and have Imperial Roofing install pool roof.

3. Do nothing.

47


Preferred Option: Option One – Suspend the tender, pay for the materials

purchased to date, and have the general contractor for the Davidson Centre addition install as an extra to the contract.

CAO’s Comments: I concur. Delegations None noted. COW RECOMMENDATION

Roofing materials already purchased will be used by the current contractors. The Committee concurred with Option 1.

(B) CBO 2008-004

Subject: Two dwellings on one lot - Lot 15 to 16, Concession 1 SDR, Municipality of Kincardine, (geographic Township of Kincardine) 5687 Hwy 9

Report Summary: To allow temporary status of two dwellings on one lot to accommodate the construction of a new dwelling. I would also request that this be a matters arising on tonight’s agenda to allow for the construction to proceed in a timely manner.

Origin: Temporary status of two dwellings on one lot.

Analysis: The owners of the above noted property are requesting to construct a new dwelling and leave the existing dwelling in place until completion of the new one. The zoning by-law states only one detached dwelling is permitted on one lot, therefore a building permit for a dwelling cannot be issued. Council can by resolution, direct the CBO to issue a permit when all payments, agreements and approvals have been met. If Council does not wish to give direction to the CBO, then the owners would have to go through the process of applying for a planning application with all associated costs and time frames or remove the structure. The application was discussed at the June 26, 2008 Building and Planning Committee meeting and the committee recommends issuing the permit and entering into a Demolition Agreement.

Existing Zoning By-Law 2003-25 Policy:

48


Financial Considerations: As per the 2007 Consolidated Rates and Fees By-Law Permit fees and a deposit of $ 2,500.00

Options: 1. THAT Council grant approval and authorizes the

Mayor and CAO to sign all required documentation, AND FURTHER direct the CBO to issue the permit when all payments and documentation are in place.

2. THAT Council directs the CBO to issue the permit with other conditions in place.

3. THAT Council not direct the CBO to issue the permit and have the property owners apply for the planning application or remove the structure.

Preferred Option: #1 to allow the owner to proceed with minimal cost to achieve the same outcome. I would also request that this be a matters arising on tonight’s agenda to allow the construction to proceed in a timely manner.

CAO’s Comments: I concur

Delegations None Noted.

COW RECOMMENDATION

The Committee recommended delegating authority to the CBO for double dwelling applications and the issuance of demolition agreements. The Committee concurred with Option 1

(C) PL 2008-023

Subject: Piper’s II Subdivision Agreement

Park Lots 7 & 8, East of Park Street and Part of Wellington Ave Townplot of Penetangore, Municipality of Kincardine (geographic Town of Kincardine)

Report Summary: Condition No. 6 of the Draft Plan of Subdivision requires the owner to enter into a Subdivision agreement with the Municipality of Kincardine to satisfy all the requirements of the Municipality, financial and otherwise with regards to the provision of roads, installation of services,

49


facilities and drainage. I would request that this be dealt with as a matters arising on the tonight’s agenda to allow for construction to proceed.

Origin: Draft Plan of Subdivision

Subdivision Agreement

Analysis: 1582679 Ontario Inc received draft approval for a subdivision on the above noted property on June 22, 2007. On June 13th, 2007 Council passed By-law No. 2007-081 zoning the property R1 residential, R3 Multi residential and EP environmental protection to allow for single detached dwellings and multi residential on the property. The County of Bruce issued conditions of Draft Approval for the subdivision and the applicant has been working on meeting the conditions. The numbered company must enter into a subdivision agreement with the Municipality of Kincardine and the agreement outlines items such as financial and otherwise, roads, installation of services, facilities, drainage and parkland etc. The entire proposed Subdivision Agreement and Construction drawings are available for Council review at the Building Department. • Plan of subdivision attached • Urban road standards are required • Service drawings have been submitted to the Municipality, stormwater is currently being reviewed • Municipal water and sewer will service the development • Blocks conveyed to Municipality, Block 27 granular base with stone dust to be part of the trails, Block 26 for drainage • Easements for drainage purposes along the southerly side of Lots 19-22 and lot 24, between lots 11d and 12a • Parkland dedication will be satisfied within the agreement payment in lieu • A clause allows servicing prior to registration The agreement has been submitted to SVCA for their review and comment This application was discussed at the Building and Planning meeting June 26, 2008 and the committee recommended the application proceed to council for approval.

Existing Subdivision Agreement policy PD 1.2 Policy:

Financial Considerations: The Municipality will secure Financial Securities and Insurance for the development as required in the Subdivision Agreement

50


Options: 1. THAT Council grant approval for the subdivision agreement and authorize the Mayor and CAO authority to sign all documentation.

2. THAT Council grant approval of modified amendments and authorize the Mayor and CAO authority to sign all documentation.

3. THAT Council not grant approval of the subdivision agreement at this time.

Preferred Option: The preferred option would be #1 to allow the development

to proceed.



COW RECOMMENDATION

The Committee concurred with Option 1, subject compliance with all Municipal requirements.

(D) PL-2008-024

Subject: Royal Homes

Part Lot 52, Concession ‘A’, Municipality of Kincardine (geographic Township of Kincardine)

Report Summary: Royal Homes have made application for consent to create three residential properties. One of the conditions is to enter into a site plan agreement with the Municipality in regards to the tree retention study. I would request this be a matters arising on tonight’s agenda in order that the consent does not lapse.

Origin: Application for Consent, Condition #9- Site Plan Control

Analysis: Royal Homes have made application for consent to create three residential properties. Notice of decision of the approval authority was issued August 30, 2007. One of the conditions identified by SVCA is to enter into a site plan agreement with the Municipality in regards to the tree retention study. The site plan also will address the lot grading and drainage. The tree

51


retention study was completed and site plan application has been circulated to the various agencies. This application was discussed at the Building and Planning meeting June 26, 2008 and the committee recommended the application proceed to council for approval.

Existing Site Plan Control, Application for Consent Policy:

Financial Considerations: 2007 Consolidated Rates and Fees By-law

Options: 1. THAT Council grant approval of the site plan and

direct the Mayor and CAO to sign all required documentation.

2. THAT Council grant approval of the site plan with modifications and direct the Mayor and CAO to sign all required documentation.

3. THAT Council not grant approval at this time.

Preferred Option: The preferred option would be #1 therefore allowing the

project to proceed in a timely manner to prevent the consents from lapsing.



COW RECOMMENDATION

Staff noted there would be a change on the site plan drawings that would reflect the widening of the tree retention line. The Committee concurred with Option 1.

8.4 Corporate Services Committee None Noted. 8.5 Bruce Telecom Board None Noted.

52


8.6 Westario

None Noted.

8.7 Saugeen Valley Conservation Authority None Noted.


None Noted.

8.9 Arise from Committee of the Whole Motion #07/09/08 – 17 Moved by: Laura Haight Seconded by: Marsha Leggett THAT Committee of the Whole return to Council. Carried.

9.0 MATTERS ARISING FROM COMMITTEE OF THE WHOLE

9.1 FIRST AND SECOND READINGS OF BY-LAWS LISTED UNDER SECTION 9.0 MATTERS ARISING FROM COMMITTEE OF THE WHOLE, OF THE JULY 9, 2008 MUNICIPALITY OF KINCARDINE COUNCIL AGENDA

Motion # 07/09/08 - 20

Moved by: Gord Campbell Seconded by: Kenneth Craig THAT the following by-laws be deemed to be read a first and second time:

i) the “Bruce Municipal Drain No. 19 Tender Acceptance By-law”; ii) the “Farrell (5687 Hwy 9) Demolition Agreement By-law”; iii) the “Piper’s II Subdivision Agreement By-law”; iv) the “Royal Homes Limited (Lot 52, Con ’A’) Site Plan Agreement

By-law”. Carried.

53


9.2 BEING A BY-LAW TO ACCEPT A TENDER FOR THE CONSTRUCTION OF THE BRUCE MUNICIPAL DRAIN NO. 19

Motion #07/09/08 – 21 Moved by: Ron Hewitt Seconded by: Randy Roppel THAT the “Bruce Municipal Drain No. 19 Tender Acceptance By-law” be deemed to be read a third time and finally passed and numbered as By-law No. 2008-127. Carried. 9.3 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN

AGREEMENT TO PERMIT CONSTRUCTION OF A DWELLING WITH THE CONDITION OF REMOVAL OF THE EXISTING DWELLING (Lot 15-16, Con 1 SDR, 5687 Hwy 9)

Motion #07/09/08 - 22 Moved by: Gord Campbell Seconded by: Randy Roppel THAT the “Farrell (5687 Hwy 9) Demolition Agreement By-law”, be deemed to be read a first and second time and finally passed and numbered as By-law No. 2008 – 128. Carried. 9.4 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A

SUBDIVISION AGREEMENT WITH 1582679 ONTARIO LTD. C/O DALE WALDEN CONCERNING PART OF LOTS 7 & 8, EAST OF PARK STREET AND PART OF WELLINGTON AVE, TOWNPLOT OF PENETANGORE, MUNICIPALITY OF KINCARDINE [GEOGRAPHIC TOWN OF KINCARDINE]

Motion # 07/09/08 - 23 Moved by: Guy Anderson Seconded by: Marsha Leggett THAT the “Piper’s II Subdivision Agreement By-law” be deemed to be read a third time and finally passed and numbered as By-law No. 2008 – 129. Carried.

54


9.5 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH ROYAL HOMES LIMITED (Pt Lt 52, Con ‘A’)

Motion # 07/09/08 – 24 Moved by: Guy Anderson Seconded by: Randy Roppel THAT the “Royal Homes Limited (Lot 52, Con ‘A’) Site Plan Agreement By-law”, be deemed to be read a third time and finally passed and numbered as By-law No. 2008 – 130. Carried.

10.0 MEMBERS OF COUNCIL GENERAL ANNOUNCEMENTS Councillor Ron Hewitt noted the loss of the public Physiotherapy service at the Kincardine Hospital, and that it would now become a privatized service. Deputy Mayor Laura Haight welcomed all to come and enjoy the reunion of the August long weekend. Mayor Larry Kraemer thanked the Kincardine Scottish Festival Committee and volunteers noted the weekend was a huge success. It was mentioned that the Kincardine beach was again rewarded the recognition of the Blue Flag Program. The Women’s House of Bruce is looking for a member of Council to participate as a member of the Committee and to attend meetings held on the 4th Wednesday of each month.

11.0 CLOSED SESSION IF REQUIRED 12.0 MATTERS ARISING FROM CLOSED SESSION


SECTION 12.0, CONSIDERATION OF BY-LAWS OF THE WEDNESDAY JULY 9th, 2008 MUNICIPALITY OF KINCARDINE AGENDA

Motion # 07/09/08 - 25

Moved by: Randy Roppel Seconded by: Kenneth Craig

THAT the following by-law be deemed to be read a first and second time:

i) the “Committee Appointments Amendment (Heritage Kincardine and Kincardine Environmental Advisory July 2008) By-law”.

55


Carried. 12.2 BEING A BY-LAW TO AMEND THE CONSOLIDATED CITIZEN

COMMITTEE APPOINTMENTS BY-LAW (Heritage Kincardine and Kincardine Environmental Advisory

Motion # 07/09/08 - 26 Moved by: Randy Roppel Seconded by: Kenneth Craig THAT the “Committee Appointments Amendment (Heritage Kincardine and Kincardine Environmental Advisory July 2008) By-law”, be deemed to be read a third time and finally passed and numbered as By-law No. 2008 – 131. Carried.

13.0 SCHEDULING OF MEETINGS 13.1 Notice of Council Meetings July 9, 2008 Planning/ Corporate Services 4:00 p.m. August 6, 2008 Regular Council 5:00 p.m. August 13, 2008 Planning/ Corporate Services 5:00 p.m. September 3, 2008 Regular Council 5:00 p.m. September 10, 2008 Planning/ Corporate Services 5:00 p.m. September 17,2008 Regular Council 5:00 p.m. October 1, 2008 Regular Council 5:00 p.m. October 8, 2008 Planning/ Corporate Services 5:00 p.m. October 15, 2008 Regular Council 5:00 p.m. November 5, 2008 Regular Council 5:00 p.m. November 12, 2008 Planning/ Corporate Services 5:00 p.m. November 19, 2008 Regular Council 5:00 p.m. December 3, 2008 Regular Council 5:00 p.m. December 10, 2008 Planning/ Corporate Services 5:00 p.m. December 17, 2008 Regular Council 5:00 p.m.

13.2 Notice of Public Meetings

None noted. 13.3 Notice Pursuant to Notice By-law

None noted.

56


14.0 ADJOURNMENT

Motion #07/09/08 - 27 Moved by: Randy Roppel Seconded by: Ron Hewitt THAT this Council adjourn. Carried.

57

MUNICIPALITY OF KINCARDINECONSENT AGENDA AUG 0 6

August 6th 2008 COUNCILIt0rYI Ii I

Item Agenda Item1 Accounts Accounts for the period ending in the amount of

3 099 883 05 have been submitted for approval A copyof the full cheque register may be requested from theClerk

Approval of the accounts listing is requested

2 Motions i Request from Eric Lynda Thacker for a tile drainageloan has been received

THAT the Council of the Municipality of Kincardineapprove a Tile Drainage Loan in the amount of 75 ofthe original work estimated or 75 of work completewhichever is the lesser to Eric Lynda Thacker PartLot 61 Lot 62 Concession 3 SDR Municipality ofKincardine former Township of Kincardine subject tothe following conditions

a The total loans not to exceed 50 000 00

b Subject to availabilitv of funds

ii Request from Lyle Debbie Stokes for a tile drainageloan has been received

THAT the Council of the Municipality of Kincardineapprove a Tile Drainage Loan in the amount of 75 ofthe original work estimated or 75 of work completewhichever is the lesser to Lyle Debbie Stokes PartLot 1 Concession 12 Municipality of Kincardineformer Township of Bruce subject to the followingconditions

a The total loans not to exceed 50 000 00b Subject to availability of funds

iii Request from Rod Sandra MacGillivray for a tile

drainage loan has been received

THAT the Council of the Municipality of Kincardineapprove a Tile Drainage Loan in the amount of 75 ofthe original work estimated or 75 of work completewhichever is the lesser to Rod Sandra MacGillivrayLot 16 Concession 11 Municipality of Kincardineformer Township of Bruce subject to the followingconditions

a The total loans not to exceed 50 000 00

CoV t Ite C I

1 I

58

MUNICIPALITY OF KINCARDINE

CONSENT AGENDA

August 6th 2008

b Subject to availability of funds

iv Request from the Canadian Cancer Society for theuse of the Municipal track soccer fields andRecreation Centre facilities to hold its annual Relayfor Life Friday August 15th 2008 to Saturday August16th 2008

That Council authorize the use of the Municipal tracksoccer fields and Recreation Centre facilities on FridayAugust 15th 2008 to Saturday August 16th 2008 from7 00 p m to 7 00 a m to facilitate the annual Relay forLife

3 By laws i A By law to authorize the Signing of a Limited ServiceAgreement with Mary Blair Bailey and BarbaraChristine Gledhill

That the 6 Mitchell Drive Mary Bailey Barbara

Gledhill Limited Service Agreement By law be

deemed to be read three times and finally passed andnumbered as By law No 2008 132

ii A By law to authorize the Signing of a Limited ServiceAgreement with James Wesley Abbott and ClairLouise Abbott

That the 29 White Pine Avenue Abbott LimitedService Agreement By law be deemed to be readthree times and finally passed and numbered as

Bv Iaw No 2008 133

iii A By law to authorize the Signing of a Limited Service

Agreement with Chad Freeman and Jasmine AngerFreeman

That the 287 Wieck Boulevard Freeman LimitedService Agreement By law be deemed to be read

three times and finally passed and numbered as

By law No 2008 134

iv A By law to authorize the Signing of a Limited ServiceAgreement with John Ruttle McLeod and Maureen

Margaret McLeod

59

MUNICIPALITY OF KINCARDINECONSENT AGENDA

August 6th 2008

That the 14 Blanch Lane John Maureen McLeodLimited Service Agreement By law b deemed to beread three times and finally passed and numbered as

By law No 2008 135

v A By law to Temporarily Close Streets in Tiverton toFacilitate the Tiverton Fall Fair Parade

That the Tiverton Fall Fair Parade 2008 TemporaryRoad Closure By law be deemed to be read threetimes and finally passed and numbered as By law No2008 136

vi A By law to Temporarily Close Streets to Facilitate a

B IA Sponsored Calypso Street Market Event andArt Festival

That the B IA Calypso Street Market 2008 RoadClosing By law be deemed to be read three times and

finally passed and numbered as By law No 2008137

4 Statistical Reports i FC 2008 01 to FC 2008 06 Fire Dept Stat Reportsattached is the most recent report all other reports can be found

in the Clerk s Departmentii CBO 2008 06 Building Dept June 2008 Stats

Request to receive and file reports

60

DEPARTMENT SUMMARY

UNAPPLIED INVOICES

INVOICES PAID

CHEQUE REGISTER

25526 TO 25749

CANCELLED CHEQUES

oo

SUBTOTAL

PAYROLL

PAY DATE06 27 08 PP1307 11 08 PP14

TOTAL ACCOUNTS

July 17 2008

135 122 85158 438 10

TOTAL PAYROLL

I nr niAVC rIK

rS1L f t t ct K

ACCo Av 1

AUG 0 6 2008

CONSENTtGENOAfltem i

3 025 308 43

218 986 33

2 806 322 10

2 806 322 10

2 806 322 10

293 560 95

3 099 883 05

61

Oi 24 2008 THU 10 26 FAX I4i 002

Il

d tLOtlOns I luewater Uni

163 8th Stnet sr

Owrdn Sound Onrario

N4K lK9Tdephol1e 519 376 6011

Faailnilcl 519 376 0942

CanadianCancerSociety

Societecanadiennedu cancer

AUG 0 6 ZOOS

CONSENT GENDAItem JiMay 16 2008

Municipality of Kincardinec o Mayor Council1475 Conc 5 R R 5Kincardine ON N2Z 2X6

RE NOISE BYLAW CONSIDERATION FOR Relay for Life FUNDRAISINGEVENT

Dear Mayor and Council

The Canadian Cancer Society is hosting Re aY for Life a fundraising event onthe grounds of the Kincardine Davidson Centre from 7 00 pm on FridayAugust 15 2008 until 7 00 am on Saturday August 16 2008 Relay for Lifeis a 12 hour over night non competitive event that involves teams whotake turns running or walking around a track Cancer survivors in thecommunity are invited to walk the first lap the Survivors Victory Lap Atdusk the Luminary Ceremony takes place where candles are placed aroundthe relay track area and lit to honour those touched by cancer

The Canadian Cancer Society Relay For Life raises funds to provideinformation and support services for people living with cancer and forpromising cancer research that will benefit all Canadians

We would like permission to conduct activities throughout the night of August15 at the Davidson Centre We will be utilizing the grassy field area beSidethe centre as well as the kitchen area and adjoining activity room within theDavidson Centre We will have a variety of activities occurring includingtheme Japs on the track games local bands playing the announcement of

activities on a PA system and pre recorded music There will not be anyoverly noisy activities past 11 00 pm Relay for Life is a family orientedevent It is an alcohol tobacco and pet free event

There will be a police officer on site until 12 00 pm There will be volunteersecurity and event organizers on site the entire night until the event ends at7 00 am

Thank you for your consideration If you have any questions please do nothesitate to contact me at 519 376 6011 ext 24

Sincerely

hO

Relay for Life Coordinator

For inforwation abom cancer CJw lCrvitc or Tn milke a donarion I Puur Jbt lJJr de linformation mr Qn r nasservices au lr ire un donl 888 939 3 3 WWW Cllnoerca

ch riuhle Organiz lIiol No 11 g2 9803 RR0006

62

6 1 LA1 JS3

2uGS

CONSENT AGENDAItem It

6oAUG

NO 2008

BEING A BY LAW TO AUTHORIZE THE SIGNING OFA LIMITED SERVICE AGREEMENT WITH MARY BLAIR BAILEY AND

BARBARA CHRISTINE GLEDHILL

WHEREAS Section 8 1 of the Municipal Act 2001 S O 2001 c 25 as

amended provides that the powers of a municipality under this or any other Actshall be interpreted broadly so as to confer broad authority on the municipality toenable the municipality to govern its affairs as it considers appropriate and toenhance the municipality s ability to respond to municipal issues

AND WHEREAS pursuant to the said Municipal Act Section 9 provides that a

municipality has the capacity rights powers and privileges of a natural personfor the purpose of exercising its authority under this or any other Act

AND WHEREAS the Municipality of Kincardine Zoning By law 2003 25 requiresthat a Limited Service Agreement must be entered into before development can

occur on a private road

AND WHEREAS the Municipality of Kincardine wishes to enter into a LimitedService Agreement prior to issuing a building permit to Mary Blair Bailey andBarbara Christine Gledhill owner of Lot 2 Plan 491 in the Municipality ofKincardine geographic Township of Kincardine known municipally as 6 MitchellDrive

Municipality oftheofCorporationTheofNOW THEREFORE the CounciKincardine ENACTS as follows

That the Mayor and CAD be authorized to sign on behalf of The

Corporation of the Municipality of Kincardine the Limited Service

Agreement with Mary Blair Bailey and Barbara Christine Gledhillattached hereto as Schedule A

1

finaitsuponforce and effectfuntocomeshaThat this by law

passage

2

Mary BaileyThat this By law may be cited as the 6 Mitchell DriveBarbara Gledhill Limited Service Agreement By law

3

2008Augustday ofthis 6thREAD a FIRST and SECOND TIME

2008

Clerk

day of Augustthis 6th

Mayor

READ a THIRD TIME and FINALLY PASSED

ClerkMayor

63

LIMITED SERVICE AGREEMENT

2008this day ofThis AGREEMENT made In QUADRUPLICATE

BETWEEN

THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE

ityHereinafter called the Munlcipaof the First Part

and

MARY BLAIR BAILEY

BARBARA CHRISTINE GLEDHILL

Hereinafter called the Owner

of the Second Part

WHEREAS the owner herein represents that they are the registered owners

of 6 Mitchell Drive Lot 2 Plan 491 in the Municipality of Kincardine geographicTownship of KincardineRoll no 41082100041980000000 and hereinafter

referred to as the subject lands

AND WHEREAS the owner enjoys a roadway to the subject lands for a

purposes included amongst which are ingress and egress such roadway beingMitchell Drive Municipality of Kincardine geographic Township of Kincardine

from a roadway known

roadwaythe owner wishes to access the buildingto the east of the land being the original

AND WHEREASas Mitchell Drive

AND WHEREAS the aforesaid roadway is not a year round maintained road

allowance forming part of the municipal road system of the Municipality and as

such the development of the subject lands would be contrary to the provisions of

zoning by laws of the Municipality and Bruce County Official Plan

AND WHEREAS the Municipality is prepared to issue a building permit for the

subject lands as aforesaid provided that the owner first enters into an agreementacknowledging that there are only limited municipal services provided to thelands using the above mentioned limited services road allowance and agreeingnot to demand municipal services from the Municipaiity because of the access

route chosen by the owner

NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration

of the mutual covenants and agreements hereinafter contained and subject to the

terms and conditions hereinafter set out the parties hereby agree as follows

The owner acknowledges that they have chosen to access the land byway of a road without winter maintenance under the jurisdiction of the

Municipality being the road allowance Mitchell Drive

a1

road is not fully maintained on athe saidthatThe owner acknowledgesyear round basis

b

The owner covenants and agrees that no demand will be made upon the

Municipality for the provision of access to the lands either by way of

improved maintenance of the existing road or by way of the establishment

of another road

c

64

LSA BAILEY AND GLEDHILL

for obtainingthe subject

totally responsibleprovides access to

Page 2 of3

The owner acknowledges that they are

winter maintenance on the road which

lands

d

The owner covenants and agrees they will not make improvements or

changes to the roadway owned by the Municipality without first obtainingthe consent of the Municipality in writing

e

presentlylands do not2 The owner hereby acknowledges that the subjectreceive any direct municipal services whatsoever

3 The owner hereby acknowledges and agrees that they will be responsible for

the making of a private agreement for the pickup and disposal of all garbagearising from the use enjoyment and any proposed development of the subjectlands The Municipality will pick up garbage if the owner delivers it to a site

approved by the Municipality on an existing Municipal garbage pick up route

The owner hereby agrees not to make any demands at any time upon the

Municipality for any municipal services of whatsoever nature and kindexcept fire protection when weather and roadway conditions permit thesafe entry of trucks

a4

Without in any way limiting the generality of the expression municipalservices the type of services which will not be demanded shall include

Fire protection when weather and roadway conditions do not permit the

safe entry of fire trucks garbage collection drainage works road

maintenance snow clearance street lighting sidewalk curbs gutterstree planting or any other service whatsoever other than the one

mentioned above

b

The owner acknowledges that this agreement is designed to permit the

Municipality to determine the future provisions of municipal services to

various parts of the Municipality and to discourage haphazarddevelopment or developments which make the provisions of municipalservices difficult and costly

a5

The owner further acknowledges and agrees that no severance or buildingpermit shall be issued to the owner until this agreement has been signedby the owner

b

The owner acknowledges that the completion of this agreement shall in no

way guarantee a building permit from the Municipality and acknowledgesthat an application for a permit must comply with the Building Code Act

the Building Code and all other applicable laws

c

This instrument constitutes the entire agreement between the Municipalityand the owner It shall not be amended altered or changed except by written

agreement hereto This agreement may be executed in any number of

counterparts each of which when so executed and delivered shall be deemed

to be an original but such counterparts together shall constitute but one and

the same agreement

6

7 The owner acknowledges that for the purpose of the zoning by law of the

Municipality that the frontage of the lands shall be considered the east

boundary which has frontage on Lower Beach Road Road

the8 This agreement shall ensure to the benefit of and be binding upon

respective successors and assigns of the parties hereto

9 The owner covenants and agrees to inform all potential purchasers or other

persons acquiring the land of the existence of this agreement and agrees to

use his her best efforts to obtain from such persons an acknowledgment in

writing that they are aware of and bound by the terms of this agreement

65

LSA BAILEY AND GLEDHILL

Page 3 of3

IN WITNESS WHEREOF the parties have executed this Agreement as of thedate above first written

SIGNED SEALED AND DELIVERED Iin the presence of I THE CORPORATION OF THE

I MUNICIPALITY OF KINCARDINEII per

I MAYOR Larry Kraemer

IIII per

I CAD John de Rosenroll

II

sealed or witnessed II

lf I iJkI 7 o1 b 1 per

Name Date Mary Blair Bafley G7

rL 0 5 tfL

er Ii Cf I A J JName Date Barbara Christine Gledh

66

ISL3

Z008

CONSENT AGENDAtem

6oAUG

2008

BEING A BY LAW TO AUTHORIZE THE SIGNING OFA LIMITED SERVICE AGREEMENT WITH JAMES WESLEY ABBOTT AND

CLAIR LOUISE ABBOTT

NO

WHEREAS Section 8 1 of the Municipal Act 2001 S D 2001 c 25 as






AND WHEREAS the Municipality of Kincardine wishes to enter into a LimitedService Agreement prior to issuing a building permit to James Wesley Abbott andClair Louise Abbott owner of Lots 9 10 Plan 770 in the Municipality ofKincardine geographic Township of Bruce known municipally as 29 White PineAvenue

Municipality oftheofCorporationTheofNOW THEREFORE the Counci

Kincardine ENACTS as follows

That the Mayor and CAO be authorized to sign on behalf of The


Agreement with James Wesley Abbott and Clair Louise Abbott

attached hereto as Schedule A

1

finalitsuponforce and effectfuntocomeshaThat this by law

passage

2

AbbottThat this By law may be cited as the 29 White Pine AvenueLimited Service Agreement By law

3

2008this 6th day of AugustREAD a FIRST and SECOND TIME

2008

Clerk

Augustday ofthis 6th

Mayor


ClerkMayor

67


2008day ofthisThis AGREEMENT made In QUADRUPLICATE

BETWEEN


Hereinafter called the Municipalityof the First Part

and

JAMES WESLEY ABBOTT

CLAIR LOUISE ABBOTT


of the Second Part

WHEREAS the owner herein represents that he is the registered owner

of 29 White Pine Avenue Lots 9 and 10 Plan 770 Roll No

4108260005166000000 in the Municipality of Kincardine geographic Townshipof Bruce and hereinafter referred to as the subject lands

AND WHEREAS the owner enjoys a roadway to the subject lands for all

purposes included amongst which are ingress and egress such roadway beingWhite Pine Avenue Municipality of Kincardine geographic Township of Bruce

thetoroadwayfrom aAND WHEREAS the owner wishes to access the buildingnorth of the land being the original road allowance

AND WHEREAS the aforesaid roadway forming part of the municipal road

system of the Municipality has no maintenance and as such the development ofthe subject lands would be contrary to the provisions of zoning by laws of the

Municipality and Bruce County Official Plan


subject lands as aforesaid provided that the owner first enters into an agreementacknowledging that there are no municipal services provided to the lands usingthe above mentioned limited services road allowance and agreeing not to

demand municipal services from the Municipality because of the access route

chosen by the owner




The owner acknowledges that they have chosen to access the land byway of a road with no maintenance under the jurisdiction of the

Municipality being the road allowance White Pine Avenue

a1

maintained



improved maintenance of the existing road or by way of the establishment

of another road

road allowance is notacknowledges that the saidThe ownerb

c

68

Abbott LSA

Page 2 of3

The owner acknowledges that they are responsible for obtaining wintermaintenance on the road which provides access to the subject lands

d



e


a The owner hereby agrees not to make any demands at any time upon the

Municipality for any municipal services of whatsoever nature and kind exceptfire protection when weather and roadway conditions permit the safe entry of

trucks

3

b Without in any way limiting the generality of the expression municipalservices the type of services which will not be demanded shall include Fire

protection when weather and roadway conditions do not permit the safe entryof fire trucks garbage collection drainage works road maintenance snow

clearance municipal water municipal sewer street lighting sidewalk curbs

gutters tree planting or any other service whatsoever other than the one

mentioned above


Municipality to determine the future provisions of municipal services tovarious part of the Municipality and to discourage haphazard developmentor developments which make the provisions of municipal services difficult

and costly

4 a

no severance or buildinghas been signed

The owner further acknowledges and agrees that

permit shall be issued to the owner until this agreementby the owner

b

The owner acknowiedges that the completion of this agreement shall in no

way guarantee a building permit form the Municipality and acknowledgesthat an application for a permit must comply with the Building Code Act

the Building Code and all other applicable laws

c

5 This instrument constitutes the entire agreement between the Municipalityand the owner It shall not be amended altered or changed except by written




the same agreement

the zoning by law of the

be considered the northse of

shall







69

Abbott LSA

Page 3 of3


SIGNED SEALED AND DELIVERED

in the presence of THE CORPORATION OF THE


Jer

Mayor LARRY KRAEMER

Jer

CAO John de Rosenrol

sealed or witnessed

J L lJ ler Y ajrle12

Name Date tfames Wesley Abbott

thfi1L a p er ea CAZLO

Name 7 Date Clai Louise Abbott

70

JS6j L3

2006

CONSENT AGENDAtem

o 5AUG

2008

BEING A BY LAW TO AUTHORIZE THE SIGNING OFA LIMITED SERVICE AGREEMENT WITH CHAD FREEMAN AND JASMINE

ANGER FREEMAN

NO







AND WHEREAS the Municipality of Kincardine wishes to enter into a LimitedService Agreement prior to issuing a building permit to Chad Freeman andJasmine Anger Freeman owner of Lot 108 McCullough Plan 3M 98 in the

Municipality of Kincardine geographic Town of Kincardine known municipallyas 287 Wieck Boulevard





Agreement with Chad Freeman and Jasmine Anger Freemanattached hereto as Schedule A

1

finaitsuponforce and effectfucome IntoshaThat this by law

passage

2

FreemanThat this By law may be cited as the 287 Wieck Boulevard

Limited Service Agreement By law

3


2008

Clerk


Mayor


ClerkMayor

71


2008day ofthisThis AGREEMENT made In QUADRUPLICATE

BETWEEN



and

CHAD FREEMAN

JASMINE ANGER FREEMAN


of the Second Part


of 287 Wieck Boulevard Lot 108 McCullough Plan 3M 98 Roll No

4108220001009120000 in the Municipality of Kincardine geographic Town of

Kincardine and hereinafter referred to as the subject lands

AND WHEREAS the owner enjoys a roadway to the subject lands for a

purposes included amongst which are ingress and egress such roadway beingWieck Boulevard Municipality of Kincardine geographic Town of Kincardine

owner wishes to access the building from a roadwayto the east of the land being the original road allowance

AND WHEREAS the

McCullough Crescent

AND WHEREAS the aforesaid roadway forming part of the municipal road

system of the Municipality has no maintenance and as such the access of the

subject lands would be contrary to the provisions of zoning by laws of the

Municipality and Bruce County Official Plan

AND WHEREAS the Municipality is prepared to issue an occupancy permit for

the subject lands as aforesaid provided that the owner first enters into an

agreement acknowledging that there are no municipal services provided to the

lands using the above mentioned limited services road allowance and agreeingnot to demand municipal services from the Municipality because of the access

route chosen by the owner

NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in considerationof the mutual covenants and agreements hereinafter contained and subject to the


The owner acknowledges that they have chosen to access the land byway of a road with no maintenance under the jurisdiction of the

Municipality being the road allowance McCullough Crescent

a1

maintained



improved maintenance of the existing road or by way of the establishmentof another road

that the said road allowance is notThe owner acknowledgesb

c

72

Freeman LSA

Page 2 of3

The owner acknowledges that they are responsible for obtaining wintermaintenance on the road which provides access to the subject lands

d



e


a The owner hereby agrees not to make any demands at any time upon the

Municipality for any municipal services of whatsoever nature and kind exceptfire protection when weather and roadway conditions permit the safe entry oftrucks

3

b Without in any way limiting the generality of the expression municipalservices the type of services which will not be demanded shall include Fire

protection when weather and roadway conditions do not permit the safe entryof fire trucks garbage collection drainage works road maintenance snow

clearance municipal water municipal sewer street lighting sidewalk curbs

gutters tree planting or any other service whatsoever other than the one

mentioned above


Municipality to determine the future provisions of municipal services tovarious part of the Municipality and to discourage haphazard developmentor developments which make the provisions of municipal services difficultand costly

4 a


b


way guarantee a building permit form the Municipality and acknowledgesthat an application for a permit must comply with the Building Code Actthe Building Code and all other applicable laws

c




to be an original but such counterparts together shall constitute but one andthe same agreement







73

Freeman LSA

Page 3 of3


SIGNED SEALED AND DELIVERED Iin the presence of I THE CORPORATION OF THE

I MUNICIPALITY OF KINCARDINE

II Jer

I Mayor Larry Kraemer

IIII er

I CAO John de Rosenrol

II

lied or witnessed II

pl1th J t7 I Lc yII Je

Name j Date I chad Freeman

h JzJL Jy er W LName J I ate J smiM6nger Freeman

f

74

6 LmJS3

2008

CONSENT AGENDAItem

IiAUG 0

2008

BEING A BY LAW TO AUTHORIZE THE SIGNING OFA LIMITED SERVICE AGREEMENT WITH JOHN RUHLE MCLEOD AND

MAUREEN MARGARET MCLEOD

NO







AND WHEREAS the Municipality of Kincardine wishes to enter into a Limited

Service Agreement prior to issuing a building permit to John Ruttle McLeod and

Maureen Margaret McLeod owner of Part Lot 31 Concession A Plan 3R 7651in the Municipality of Kincardine geographic Township of Kincardine known

municipally as 14 Blanche Lane





Agreement with John Ruttle McLeod and Maureen Margaret McLeod

attached hereto as Schedule A

1

finaitsuponforce and effectfuntocomeshaThat this by law

passage

2

JohnBlanche Lane

By law

That this By law may be cited as the 14

Maureen McLeod Limited Service Agreement3

2008day of Augustthis 6thREAD a FIRST and SECOND TIME

2008

Clerk


Mayor


ClerkMayor

75


2008this day ofThis AGREEMENT made in QUADRUPLICATE

BETWEEN



and

JOHN RUTILE MCLEOD

MAUREEN MARGARET MCLEOD


of the Second Part


of 14 Blanche Lane Part Lot 31 Concession A Plan 3R 7651 in the Municipalityof Kincardine geographic Township of Kincardine Roll no

4108210004217000000 and hereinafter referred to as the subject lands

AND WHEREAS the owner enjoys a private roadway to the subject lands for all

purposes included amongst which are ingress and egress such private roadwaybeing Blanche Lane Municipality of Kincardine geographic Township of

Kincardine

the owner wishes to access the building from a roadway known

to the east of the land being the original roadwayAND WHEREASas Blanche Lane

AND WHEREAS the aforesaid roadway is not a year round maintained roadwayforming part of the municipal road system of the Municipality and as such the

development of the subject lands would be contrary to the provisions of zoningby laws of the Municipality and Bruce County Official Plan


subject lands as aforesaid provided that the owner first enters into an agreementacknowledging that there are no municipal services provided to the lands usingthe above mentioned limited services road allowance and agreeing not to

demand municipal services from the Municipality because of the access route

chosen by the owner




The owner acknowledges that he has chosen to access the land by way ofa private road without maintenance under the jurisdiction of the

Municipality

a1

municipallyroad is notthe said privatethatThe owner acknowledgesowned or maintained

b



improved maintenance of the existing private road or by way of the

establishment of another road

c

The owner acknowledges that he is totally responsible for obtainingmaintenance on the private road which provides access to the lands

d

presently

2

lands do not2 The owner hereby acknowledges that the subjectreceive any direct municipal services whatsoever

76

McLeod Agreement

Page 2 00

3 The owner hereby acknowledges and agrees that he will be responsible for

the making of a private agreement for the pickup and disposal of all garbagearising from the use enjoyment and any proposed development of the subjectlands The Municipality will pick up garbage if the owner delivers it to a site

approved by the Municipality on an existing Municipal garbage pick up route

The owner hereby agrees not to make any demands at any time upon the

Municipality for any municipal services of whatsoever nature and kind

except fire protection when weather and roadway conditions permit the

safe entry of trucks

4 a

Without in any way limiting the generality of the expression municipalservices the type of services which will not be demanded shall includeFire protection when weather and roadway conditions do not permit the

safe entry of fire trucks garbage collection drainage works road

maintenance snow clearance street lighting sidewalk curbs gutterstree planting or any other service whatsoever other than the one

mentioned above

b


Municipality to determine the future provisions of municipal services to

various parts of the Municipality and to discourage haphazarddevelopment or developments which make the provisions of municipalservices difficult and costly

5 a


b


way guarantee a building permit from the Municipality and acknowledgesthat an application for a permit must comply with the Building Code Actthe Building Code and all other applicable laws

c





the same agreement

incurred by it for the

including legal and7 The owner shall pay to the Municipality all costs

negotiation and preparation of this agreementadministrative costs

8 The owner acknowledges that for the purpose of the zoning by law of the

Municipality that the frontage of the lands shall be considered the east

boundary which has frontage on a private right of way being Blanche Lane





use his best efforts to obtain from such persons an acknowledgment in writingthat they are aware of and bound by the terms of this agreement

31

77

McLeod Agreement

its corporate seal

thishand

Page3 00

IN WITNESS WHEREOF the Municipality has hereto affixed

attested by the hands of its mayor and CAO this day oC2008 and John and Maureen McLeod has hereunto set theirday of 2008

THE CORPORATION OF THEMUNICIPALITY OF KINCARDINE

SIGNED SEALED AND DELIVERED

in the presence of

Larry KraemerMayorer

CAO John deRosenrol

er

witnessed

1 Q7

sealed or

John Ruttle cLepdlh

f IIMaureen Margaret McLeod

er

er

o tLlDate

78

3 D

AUG 0 fi 2008

CONSENT AtjENOA

ItemjL Yl

NO 2008

BEING A BY LAW TO TEMPORARILY CLOSE STREETS IN TIVERTON

TO FACILITATE THE TIVERTON FALL FAIR PARADE

WHEREAS Section 11 3 of the Municipal Act 2001 S O 2001 c 25 as amended

provides that a lower tier municipality may pass by laws respecting matters within the

sphere of jurisdiction of highways including parking and traffic on highways

AND WHEREAS pursuant to the said Municipal Act Section 8 1 and 9 provide that

the powers of a municipality under this or any other Act shall be interpreted broadly so

as to confer broad authority on the municipality to enable the municipality to govern its

affairs as it considers appropriate and to enhance the municipality s ability to respond to

municipal issues and has the capacity rights powers and privileges of a natural personfor the purpose of exercising its authority under this or any other Act

AND WHEREAS pursuant to the said Municipal Act Section 35 authorizes

municipalities to pass by laws removing or restricting the common law right of passage

by the public over a highway

AND WHEREAS the Council for the Municipality of Kincardine deems it advisable to

temporarily close certain streets within the municipality to restrict unauthorized traffic

during the Tiverton Fall Fair and Parade in order to ensure a safe and orderly event

NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine

ENACTS as follows

1 That part of Main Street easterly from Maple Street to Mackay Street be closedto all vehicular traffic other than those vehicles authorized by the organizersfrom 1145 a m to 12 30 p m on Saturday October 4 2008 to facilitate the

Tiverton Fall Fair Parade

2 That McKay Street from Main Street to Ross Street be closed to all vehicular

traffic other than those vehicles authorized by the organizers from 1145 a m to

12 30 a m on Saturday October 4 2008 to facilitate the Tiverton Fall Fair

3 That Ross Street easterly from McKay to Memorial Park Drive be closed to all

vehicular traffic other than those vehicles authorized by the organizers from

11 45 a m to 12 30 p m on Saturday October 4 2008 to facilitate the Tiverton

Fall Fair and Parade

4 Tiverton Agricultural Society shall cause to be erected at each end of the

highway or portion thereof and where an alternative route deviates therefore a

barricade upon which an adequate warning device shall be exposed and in goodworking order and at such points there shall be erected detour signs indicatingthe alternative route and containing a notice that the highway is closed to traffic

2

79

By law No 2008

Tiverton Fall Fair Parade 2008 Temporary Road Closure

Page 2 of 2

5 Every person who uses a highway or portion of a highway so closed to trafficdoes so at his or her own risk and The Corporation of the Municipality ofKincardine is not liable for any damage sustained by a person using the highwayor portion thereof so closed to traffic

6 Every person who without lawful authority uses a highway or portion thereof so

closed to traffic while it is protected in accordance with this paragraph or whoremoves or defaces any barricade device detour sign or notice placed thereon

by lawful authority is guilty of an offence and is subject to the penalties as setforth in the Provincial Offences Act and is also liable to The Corporation of the

Municipality of Kincardine for any damage or injury occasioned by such wrongfuluse removal or defacement

7 This by law shall come into full force and effect upon its final passage

8 This by law may be cited as the Tiverton Fall Fair Parade 2008 TemporaryRoad Closure By law

READ a FIRST and SECOND TIME this 6th day of August 2008

Mayor Clerk

READ a THIRD TIME and FINALLY PASSED this 6th day of August 2008

Mayor Clerk

80

LJi1S3 6

2008

CONSENT A ENDAtem I

6oAUG

NO 2008

BEING A BY LAW TO TEMPORARILY CLOSE STREETS TO FACILITATE A B IASPONSORED CALYPSO STREET MARKET EVENT AND ART FESTIVAL

WHEREAS Section 11 3 of the Municipal Act 2001 S O 2001 c 25 as amended

provides that a lower tier municipality may pass by laws respecting matters within the

sphere of jurisdiction of highways including parking and traffic on highways

AND WHEREAS pursuant to the said Municipal Act Section 8 1 and 9 provide thatthe powers of a municipality under this or any other Act shall be interpreted broadly so

as to confer broad authority on the municipality to enable the municipality to govern its

affairs as it considers appropriate and to enhance the municipality s ability to respond to

municipal issues and has the capacity rights powers and privileges of a natural personfor the purpose of exercising its authority under this or any other Act

35 authorizes

right of passage

Section

lawMunicipal Act

restricting the common

to the said

removing or

AND WHEREAS pursuantmunicipalities to pass by laws

by the public over a highway

AND WHEREAS the Kincardine Business Improvement Area has requested that part of

Queen Street be closed from the north side of Durham Market South to the south sideof Durham Street in order to facilitate the holding of the Annual Calypso Street Market

and Art Festival on Sunday August 10 2008 from 10 00 a m to 4 00 p m

KincardineThe Corporation of the Municipality ofthe Council ofNOW THEREFORE

ENACTS as follows

That part of Queen Street northerly from the north side of Durham Market

Square South to the south side of Durham Street be closed to all vehicular

traffic other than those vehicles authorized by the organizers on SundayAugust 10 2008 from 10 00 a m to 4 00 p m for the purpose of holding theB IA Calypso Street Market Event and Art Festival

1

The Board of Management of the Kincardine B IA shall erect at each end of

such highway or portion thereof and where an alternative route deviates

therefore a barricade upon which an adequate warning device shall be exposedand in good working order continuously from sunset until sunrise and at such

points there shall be erected a detour sign indicating the alternative route and

containing a notice that the highway is closed to traffic

2

2

81

B IA Calypso Street Market 2008 Road Closing By Law

By law No 2008

Every person who uses a highway or portion of a highway so closed to trafficdoes so at his or her own risk and The Corporation of the Municipality ofKincardine is not liable for any damage sustained by a person using the highwayor portion thereof so closed to traffic

3

Every person who without lawful authority uses a highway or portion thereof so

closed to traffic while it is protected in accordance with this paragraph or whoremoves or defaces any barricade device detour sign or notice placed thereon

by lawful authority is guilty of an offence and is subject to the penalties as setforth in the Provincial Offences Act and is also liable to The Corporation of the

Municipality of Kincardine for any damage or injury occasioned by such wrongfuluse removal or defacement

4

Road

its final passage

Market 2008B IA Calypso Street

force and effect upon

the

This by law shall come Into fu

This by law may be cited as

Closing By law

5

6


2007

Clerk


Mayor


ClerkMayor

82

1 SffiIlSllUtL CI2EPOiGlS I

Municipality ofKincardine Fire Depart en FC20806

Monthly Report June 2008 AUG 0 6 ZOOS File P06

CONSENT AGENDAResponse Call Type calls Value Lost Total Value Value Saved llIamraFIRES 3 14 14Fire Residential 1 0 00 1 7 7

Farm 0 0 2 0Chimney Flue 0 0 0 0Vehicle 0 0 1 2Brush Grass 1 0 00 1 3 5Comrnerclal 1 0 00 1 2 0Institutional 0 0 0 0Assembly 0 0 0 0

Carbon Monoxlde 1 1 5 8Rescue 2 2 4 9Public Hazard 0 0 1 0Medical Tiered 3 3 8 13False Alarm 0 0 6 15Cancelled Cans 0 0 5 10Explosion 0 0 0 0Other 5 5 14 9Mutual Aid Calls 0 0 1 1Two Station Response 1 1 5 2TOTALS 15 0 00 0 00 0 00 15 64 81

Month YTO

Estimated Property Loss 0 00 675 000 00Estimated Property Saved 0 00 440 000 00

Fire Pevention calls Month Total YTD Total PriorYTDComplaint Inspection 0 0 5 0Request Inspection 7 7 34 18Routine Inspection 2 2 38 27Station Tours 1 1 7 4Education Displays 3 3 7 8TOTALS 13 13 91 57

Training h Month Total YTDTotal PriorYTDRegular BIweekly 159 5 159 5 718 5 559Credit Course 16 16 396 224Mutual Aid 18 18 88 24Special 32 5 32 5 143 605TOTALS 226 226 1 345 5 867 5

Meetings Month Total YTD Total Prior YTORegular BI weekly 4 4 23 24MutualAld 1 1 5 2Special 4 4 31 9Other 4 4 22 37TOTALS 13 13 81 72

Month Total PriorYTOBum Permits 116 116 450

Month Total Prior YTOSpecial Functions 1 1 1

Page 183

Comments

June 5 Vinyl flooring was installed in the Kincardine Station library Fire Chiefs office

June 9 Fire Chief one firefighter inspected Tiverton Station s new tanker in Goderich

June 26 Fire Chief met IfIIith FortGarry regarding specs for a new pumper truck

Page 284

Meetings Month Total I YTO Total I Prior YTO

Municipality of Kincardine

Community Emergency Management CoordinatorMonthly Report June 2008

Fe 2008 06

File P06

Meetings Month Total YTO Total Prior YTO

Emergency Services Committee 1 3 0

Emergency Management Co ordinating Committee 0 1 0Bruce County CEMC Committee 0 0 0Nuclear Emergency Management Coordinating Committee 0 0 0Bruce Site Environmental Meeting 0 0 0Nuclear Advisory Sub Committee on Education Training 0 0 0Liaison Meeting 1 5 0Special Meeting 0 31 0

Special Funclion 1 1 0TOTALS 3 41 0

Notifications Month Total YTO Total PriorYTO

Emergency Notification 0 1 0Off Site Siren Notification 12 16 0TOTALS 12 17 0

Training Month Total YTO Total PriorYTD

Regular Training Drills 0 2 0

Special Training 1 3 0Credit Course 1 1 0TOTALS 2 6 0

Public Occurences Month Total YTD Total PriorYTO

Public Education 1 17 0Public Service 0 0 0Enquiries 5 25 0TOTALS 6 42 0

Other Month Total PriorYTD

Weekly Standby 4 24

Comments

See attached

85

Re Joint Liaison Committee Report June 2008

1 There is a meeting scheduled for Monday June 23rd with representatives from BrucePower Henry Vandeklippe in preparation for radiation safety training for municipalemergency workers public works water waste water We will be looking at

scheduling this training in September or October

2 The CEMC is continuing the review and re write of the Nuclear Procedures manual whichincludes updating the contact names and numbers for all positions

3 The Bruce Power offsite centre drill which was held May 21st went well New staff was

trained at the Emergency Worker Centre during this particular drill and the new

equipment which was installed for radiation monitoring was also tested and worked well

4 The CEMC is continuing work on the preparation for the annual exercise and drill

creating the scenario and revamping the training session

5 The CEMC will be attending the Basic Emergency Management Instructor Course inLondon on June 24th 26th With this certification the CEMC will be Qualified to train theBEM course and in future will be offering it to the Bruce Power employees in theEmergency Plans Prog1 m section who would like to participate

6 The public alerting off site siren warning drill will take place on Thursday June 26th atapproximately 10 0Q hrs Notification to the residents will be performed by the CEMCthrough our auto dialer system on Wednesday evening and Thursday morning Flyersand newspaper advertising has also been carried out by Bruce Power

86

Fe 200806

File P06

Municipality ofKincardine

911 Co ordinator

Monthly Report June 2008

Occurences

Damaged Lost Signs

Improper AddressingDuplicate Names

TOTALS

Month Total YTO Total PriorYTD

1 4 0

3 5 0

0 0 0

4 9 0

Inspections Meetings Month Total YTD Total PriorYTD

Property Inspections 0 0 0

Other Inspections 1 1 0

Special Meetings 0 1 0

TOTALS 1 2 0

Enquiries Complaints Month Total YTO Total PriorYTO

Enquiries 1 14 0

Assist Other Departments 0 0 0

TOTALS 1 14 0

Education Training MonthTotal YTD Total Prior YTO

Special Projects 0 0 0

Special Training 0 0 0

Public Educallon usage of 911 0 0 0

TOTAlS 0 0 0

Comments

Nothing at this time

87

Municipality ofKincardineHealth Safety


Fe 2008 06

File w P06

Meetings Training Month Total YTO Total PriorYTO

Health Safety Committee Meetings 1 4 0

Special Meetings 0 5 0

Worker EducationITrainlng 2 5 0

Special Training 0 0 0

TOTALS 2 10 0

Inspections Month Total YTD Total PriorYTD

Workplace Inspections 9 55 0

Other Inspections 2 3 0

TOTALS 11 58 0

Enquiries Complaints Month Total YTD Total Prior YTD

Enquiries 0 16 0

Health Safety Complaints 0 0 0

AssIst Other Departments 0 0 0

TOTALS 0 16 0

Other Month Total YTO Total PriorYTD

SpecalProjects 0 1 0

Incident Reports 2 5 0

TOTALS 2 6 0

Comments

Nothing at this time

88

MYSIS Rescue Boat


FC 200804

File P06

Response Call Type calls Value Lost TotalVa ue Value Saved Month Total YTD Total PriorYTD

Flce 0 0 0 0Rescue 0 0 0 0

OverturnelBoat 0 0 0 0Disabled Boat 0 0 0 2Other 0 0 0 0

TOTALS 0 0 00 0 00 0 00 0 0 2

Training

RegularSpecial

TOTALS

hrs MonthTotal YTD Total PriorYTD

57 57 57 91

0 0 0 0

57 57 57 91

0 Month Total PriorYTD

1 1

0 Month Total Prior YTD

0 0 0

hrs Month Total Prior YTO

0 0 0

Ohm Month Total PriorYTD

40 40 0

Meetings

Regular

Public Service

Administration

Maintenance

Comments

MYSrS Rescue Vessel was put back Into water for the summer

89

STrlnIlLALK EPCu

AUG 0 6 zooa

CONSENT AGE DAReport No CRO 2008 06

ncm 1r

BUILDING DEPARTMENT

MONTH END REPORT JUNE 2008

BUILDING PERMITS ISSUED PERMIT VALUE COMPARISON

100 50 000 000

2008 Permits

2007 Permits40 000 000

20 000 000 I ii tr gt

i lJ

i f

1

Ij

I

IEilPermit Value 2008

IiPermit Value 2007

80

30 000 00060

40

20

o10 000 000

0Moo 0

January February March April May June July August September October November December Year to date

2008 Rerini s 12 14 20 46 47 35 174

Permit Value 2008 S921 750 5 796 680 2 842 975 4 833 240 2 984 967 S5 861 050 23 240 662

20117 lis 11 5 20 31 46 35 44 42 76 76 18 14 422

Permit Value 2007 1 146 000 S672 000 S1 703 672 3 032 036 4 942 253 2 015 100 S5 912 890 8 321 940 31 372 916 35 116 080 2449 400 S5 925 820 102 610 107

1146000 672000 1703672 3032036 4942253 2015100 13511061

90

aUILUIN UIr AKTMINT

BUILDING DEPARTMENTMONTH END REPORT


BUILDING PERMITS ISSUED IN JUNE 2008

MONTH ENDING YEAR TO DATE

NO OF NO OF

TYPE OF CONSTRUCTION PERMITS VALUE PERMITS VALUE

Sinale Detached Dwellinas 10 2 821 000 44 11 335 300

Seasonal DwellinnsSemi Detached DuolexMulti Unit Residential

Anartment BuildinasCommercial

Industrial 1 17 500

Anricultural Livestock

Aaricultural Accessorv 1 26 000 8 403 000

Institutional 1 50 000 1 50 000

MuniciDalRenovations Dwellinas 1 2 000 6 71 700

CommerciaTf 13 1 621 000

Industrial 1 150 000

MunicIDaTf 1 1 000 1 1 000Institutional 1 160 000

Demolitions 1 5 000 4 19 225

Sheds AccessOrV Buildinas 1 5 000 12 139 000

Garaaes 4 73 200 5 133 200Chimnevs Stoves 1 3 000

SwimminaPools 1 4 000

Sians Awninas 2 9 000 14 93 250

AdditionsIDwellit1clS 4 56 000 19 572 000

CommercialIndustrial

Aaricultural 5 128 667

Institutional 1 1 300 000 1 1 300 000

MuniooaTf 1 1 500 000 1 1 500 000Wind GeneratirlSvstem WGS 5 5430 280

Miscellaneous DECKS ETC 7 12 850 30 108 540

TOTALS 35 5 861 050 174 23 240 662

91

Report No CBO 2008 06

BUILDING DEPARTMENT

MONTH END REPORT

AS OF JUNE 2008

et III IIII 1 1 I tI 4 In lIl Q 1iSTotal BuildinQ fees collected 2245272 126 381 60Total PlumbinQ fees collected 2 38290 11 97670

Compliance paper fees collected 820 53 3 155 23

IltijllllJllmEI III l lllflQ I

Buildinq Inspections 1 07

PlumbinQ Inspections 41

Comoliance Papers 3Termite I nspectionsGradinQ I nspections 5Licence I nspections 1

General I nspections 1 0

DrainaQe InspectionsWaterline Inspections 1

Water Meter I nspectionsPlanninq

92

JUL 51 e tI Ie 1 t rom KL1 l IJll 5lb 51ll 10 Jll 5lb tletltl t e b0

e tiictI

July 31 2008

US 0 u

jl1S 1fTo Whom It May Concern

This is the presentation we will present to council on Wednesday August 6 2008

Please see signatures below

Dr Lisa Roth M D

P tt

wt eLj I

IS belbVjof

Sylvl tepnow

97

CD

DIIS li l losS Df

PrivcJte lihjc takint fl r at hdspitaIBy K1 itdl cl eq nexfInRnth sciuth through OBIP

BtriCE3 Grey Health Centre Tlie mo8t impllttaiit is

Kirica dine s p4 Y8i 1an s CEO PauVDa v1es hasOstl llck Sti itfthisis tluHoM ot pubare qutraged at a plan to a deal to Qring aprivate com lidy futid d outpatientchangethe elivery ofphysF paJlY in tp handle phY8V Wotltaia Dr Lisa Rothother py aFthe KiIicardine otherapy at th hospitalTh15 r pre h ts a hhgehospital We re moving to proiliote change in phuas ophy

Curi imtlyKincardinepri vate 1Jublic p ttne hip OiJIP coVe s hip tient

has a small physiotherapy at thehospita Davies 8 aid pliys ii1therapy Ou tp tient

clinic at the hospitaL The fiT Health th cotppanyresidEiptsuhdet fhe agtOf20clinic affers lnpaHent and thatownsKlnea biiIle b6in ofse nios rvet 65 people on

ohtpatleht s rvic 8 nd is m unitfiehab Seftrice i h HsablIity or sbcial assist

cevered tinder OHIP A fuU agreed tor nt the hospital nc e ate lso covered All

time theiap aIidia fU1Hi1i1e spate nd ta1ie ovef inpa othet re8 d Jits gve topayassistant sfaff thfclini tient and outpalieu care ffiJutPatiefit care ptivatelycaining Ip fiorn other hospi rhe fupatient wqrk will ie J ough ips ranfeot mi of

tals maiiipubliclY funded but pocketDoctors hllve been told any outpat1entreh bilitatiori ft TiGary Gutbiri said the

tll t cU ic wi i be wul no tQi1if

e oiered ti tinUed h Page 2

98

w

cont nuecifrom page 1 changes re pilot pr ject and other area hospiloss ofOmP funded outpatient physiotherapY will tal ould lso lose their physiotherapy clinicshave a damaging effect on Kincardine He sald Both Gurbi11 and Roth 6 Y physiotherapy is ar

farmers veople 9n i abiljty seniot and tpe 41tegral partq paJjent jt on8idered the mos

working poor will be d nie4 Pl1ysiotperapY in e ffective raY i reco 1 @m iiAiury Iqhc dmeder the new 6Y8t t11 Ma nyp QPle s ly can tJ tge number of erli rs

ieSl maiiy p tients re

afford the tr atqlerlts guire theray a seH1te that ight riot 113 availabllDavies aid t e moveJttPT ealth bii gs ii w 11iam9i1

elvice t9 the pital rheccimPilpy pffers c1ii Pby Qth rapy ha pr rv p iijelNo bea valuablE

ropbdy rid kifi siology services ttie hbspItal ti land proveiiitselfover arid over again saidRothdoes not current ly provide Itmakesapifierence in aper on 8health This move

is ging agaUtst exist JQed cal owledgeT 5aIIl eryic s ht 7s ar The m v c mes11 etr ct m Ug45t hqt Rotl

11 1i f Prlfrlt jb 1 6 iJfjit 7 p tP 3t w 1 sti 9 iP V t 1 fim rapy She and the oth rdo s wa t epubhc t

3B B g f P iA i f9 h W SPIta1 ard 1I1 mpe d hOSPItal admm

tb p t1U a ne pl1 lIlC ian t iq 4eyl Ultta mrs tolet th knoW 4 wth yf1con er wH tn iual itypt c8re nloy g Jlrwat J W teveryone t jan ijte boill dishe a d

lLe

PT aeiiltlj 1 a 1afge tortiJiart an tJjo 9 at phY tb rn i w tlj 16needs to pechanged before It s toe

ctaft tJ o 1he a lz ll hhi dV i teb a 1lg fiQ JlaAr W lll n aillJ 8 9f tpe J

It1im iity fQl q n usinesS itl htaIity llt

pe yammW1itY Reh bt fbe syc cessfulih iearEa

d

1 htdlocfors areialso concerned thay wetenatin lucied in th eJectioIpro eS5 r new OhvBiotifet py clh1ic PT Health was selectedlld ijo iuid Outlin id they w ulti N lilfeti to

have consultation with Davies during the selec

iibrt processIflie q alit q ca e c is que ti n Gurbin

5all Why waB the ollpa y cho en Are theyqualified It s a groriltefpeopl we knqwl1othingabout lI

J ComiiJuniti Rehab eurrently yvorlt rut ofacliiiicatthe sotith end ofQpeeil Stre t The clinic

wiifreinain opeil ntil Ja uary 20P9 wheri the

company will ove rtto the hospWll e ginnin g

A g l8 CommunitY hab ili u e l h the hQs

pital plinic aIlq it QU n Street Joqatioft for pa

tient cate

The ho5p till 8 phys lotherapy clinic is muchsm8ller tqan the Communlty Rehab clinic down

tQWlliot1 nd GurQin both question how rea UsHc Itis f trt1e c9lppariY to provide high qualitycare in a tnuel1 jliller location

A h ige ih 8iotherapY uld alsope 4ainagihg fq ithe o pitaI f n4ra 1Jg lffott 1pe

hoSPitaF yslo tlpy qq pwe t is top ofte

line nd was pilz chaS a thr ugll nd aislng Qthe H sPit lAu d1iarYJtleifthiitjs Spc et and

othgrcharitibl gr oUp6 Gurbin sa d he is upsutewhat will happen to tlat egujpm i1t

f iot of people have donated othi8hospitlilhe said That ha5 pot been respected

rM 1Ma8 pllYlliu Il a1j i ri1gre

locatedto Chesley Anyone ne dlng publiclY

funded phtslotherapy work win nfiY to drive to

that location Roth Mid she thinks Kiiicaldbe s

99

GJ

Doctorswantohanges at thei topBy Kiel EcJge

WUh the estructuring of Kircardme hOSpitai 5

phtsiotherapy departmertt mov1ng ahead KinccuI dine s doctors want some answersftom the man atthe top

DotOrs Li a Roth and Gary Qurbin said lasf w eltthe move to replace the phys otherapy clinic With a

privatepracttGe w s mMe without any consultationwi Kincardine s doctors an medical stmfThe lacllofconlinuriication between stmf andhospltal admin7

isttitciis has caused tension m thetwo sides workmgrelationship

uIt snot an icabler tionship between adniinistration and the doctOrs Roth saidi I

The South Bruee GreyHealth 8eptre oper tsfo1 lT

hospitals in thearea Kincardine Walkertcitl Ghesleyand Durham A board with elected members from

each community involved makesdecisio regarding the future of the hospitals and the services offered

All board members are vdlunteers A CEO ischQsen by the group an paid to look after ail aspects ofhospital operations most importantly tl1e budgetPaul Davies looks after theSBGHC arid bis positionrequires him to report to the board at each meetihg

The volunteers are busy peopleexplaine Roth

Davies main focus has been cutting costs to bal

anceth hospjtal Dllard s budget rovinciai requirements force each hospital thav abal ced budgetThis process ha e tci the loss of ro y setvice siriarea hospital6 inGUdmg KfuCardin s mainmography unit ana its pliblicly funded outpatient physiotherapy

100

1

Phy iq c t Oi e e

TROV PATTER ON i 1l1 C iWDdlg Wc j lYKINCAADINEN Q STAffi r tiO matcD idiins1 ii1fuIla n 1ii cil i 1rn1 11 I

U1@ugh Surt Qf1 4 @irSIl rjJ i sijdf f D OVJ p 8j hOwdecision lO Ciifiput iiffimtffl ioth N1 gici D irl Effici lF w tj VideP

d ty plfuQQing a IGnclI rWn p itakt ei vi r eJv u1d nohea1th

areJie CEO s t1il e Jiid tli iW a SaVID sSilUJih Ye J f f Udgei South BiUce Gn aealth Centre and iibioe thoy ary JY 1

i i B91Ie Pt idd ne iHlB QL fkii e c lIfJ e saidi e netWPrk 1illdJP9 t I t l ge

cuttin fndia to tl1 setv c sin thwn

g Jj f u

LConW1ii flliQiM4 abo1it fii

fiag 9iY 1 i d i i

l J 8

jW tel llerVIGe 8 GtY 6Ugp

i

hay lli lif l y gi r tWa W for th i wlU FJ iQd ceS jfttiii64ef lW w I t f J esl d

tht

li Ii Ib liiI h j 1 rih 0

l4inJ1 Ult O PltlU tWOuw w t JI1 YSl mi Qrt 140 000 J tu l

6 r lltt riI li i J t2L11ol l J W qcm1 a tW w 4 ii p e oMg rry l i f40ri1illlon b ge t B the ico or W ch Inc4d gy r

pi1t pati J1 P Y l6thClaPtln fa Ii a s ivati i1 li bc ii l1 f c tc tryi gHvate c tractOr is a sgutogJy art rblJud5 Oclsts tli6iitfeduciii availableP B eluag i 3S

p

Zi v f i l tIjfonf l l oriiitiuiii atioii istJa vle said other servic s may ded acro r network tb

in vitllbly face cuts bQt tbey maY the doctors eance s nom ellenalso rplaced oye qjllJi4ed pri Spi Q es rh boardvate s ces He ed the example It1s auadiei mewbdvolceion tbeof a pnvate cltirOpodist f6t board h8t cli idifferidiffefcJit er

sPecialistfw Arl Khibardilie r ye he said iwllert tti sefi6C tprevid s 1y mY i iM1S are Plovided ithe priJiwiayailab 3 well as ao i cdj iqi bita wOlk at the hos ital blit

hJt W1 s rJgk cmay haVe C Qpay btitthc Bbfv i e5 aecisioil8 y JiQ g i g to W rth r i Iie i llid Ve ye beeri p he finabcialiyThese kinds of d cisititidUen t to make these oe6isioDS and the

dtiifh t l j boater was el ct d to mple ehtg g1he tla 4w t m hes 4 Ws up to the bOard

4i n@ d yJ f4ildfal lrii t9 miPag h ital i

effQitsjVolildJk used b te etitio1iB atb CiftPIatlntbe colllc P1P t5a Vi 8Mdb m nHy in shppptt of physio

v ewmg t CJtipfuenr fflhdirigThey baVe foeJf vn 8tyl cif the Ontario P1lbHc Serviceiipmeptapq 1i b i i igmplbyeeS tTnii OPSEtJ is alsolac sbfue eceS aid Davies 1il the South WeSi Locat HcialthldiDg aty qnfieq ipiben oUIa ili tidn N Wciik to intervene

bestorc4 if t 4fit 9 We arid stop the lo s f pu 1iciy providIi t giviiig eqlijiiifetit lWliy byl1ly ed pJi ysiotliernpYmicesttetCh ofthe iiiJa gjiluion ThIs isjust one more eXampl of

Cr piilg prjvatiiatioil iri our healthsystein ai lOPSW DtstVice

pte i ent Patty Rou t odaythis isbUatlg placeiQ KincatdiIie Who s

t ijaYJnat Dett y they won t bedbfug tOe sarono other sites tJf

n SBOHCDavies Baid thei6 has been avciiCe TPe News was also bombardeo

mi sing on the board since the Dr With fetters to the editoj tin the issueRick Mann Y a the le asiresi Wltli riiany io be ooCJrd nt ohhe mediastaffl to the July30 editlon due to laCk of

spaee

101

1

ACCOUNTS RECEIVABLE POLICY PURPOSE: The purpose of the accounts receivable policy is to encourage strong fiscal management practices, and to have proper control over the Municipality of Kincardine’s receivables. A comprehensive accounts receivable policy will ensure the Municipality of Kincardine bills and collects its revenues fairly, equitably, and in a timely manner. Timely collection allows the Municipality of Kincardine to have greater control over its cash flow and liquidity, which in turn makes it financially stronger and more viable. GUIDING PRINCIPLE: The following principles guide the generating and collection of the Municipality of KincardineΘs Receivables: v To clearly articulate the guidelines staff will apply in the billing process v To clearly articulate the guidelines staff will apply in the collection process and

the outcomes which will ensue on default v To follow through with necessary action upon default in keeping with the policy v To be respectful and consistent in all cases v Staff will ensure they comply with Protection and Privacy legislation

POLICY: An Accounts Receivable policy for the Municipality of Kincardine will build on these visions and values in that it will:

· improve the effectiveness of the receivable investment; · improve revenue generation, since revenue generation is in the collected sale, not the sale itself; · be designed to make every attempt to keep the customer; · be designed to be time and cost effective; and · “encourage” the customer to pay on time.

DEFINITIONS: 1. Allowance for Doubtful Account: A balance-sheet account established to offset

expected bad debts. 2. Bad Debt: Accounts receivable that will likely remain uncollectible and will be

written off.

102

2

3. Lienable Charge: These charges can be affixed to a property. Several charges billed as

general revenue are lienable against properties in accordance with the particular by laws that created the charges. These charges remain as encumbrances on a property until such time as they are paid and can by definition initiate a tax sale process in accordance with the Municipal Act

4. Non-lienable Charge: These are charges that under law cannot be affixed to a

property and, therefore, cannot form an encumbrance against the value of that property.

5. Non-Lienable Charge collected like taxes: These charges may be added to the tax

roll and collected in same manner as taxes but may not form part of the cancellation price if property is Tax Registered.

6. Non-Profit Group: a group whose majority of members reside or own property within the municipality and perform a function deemed to be a benefit to the community as a whole and/or who currently receive space on a no-charge basis. Groups shall provide bona-fide documentation of their nonprofit status. Such documentation may include:

• registered charity documentation from Revenue Canada • documentation their organization is a not-for-profit corporation without share

capital from a Canadian jurisdiction • documentation supporting their organization is an unincorporated branch or

chapter of a registered charity or not-for-profit organization • documentation of a National or Provincial Charter from a Service organization • documentation showing their organization is an unincorporated branch or

chapter of a registered charity or not-for-profit organization.

• Organizations which primarily promote the private interests of their members do not qualify. This may include but is not limited to:

o adult recreation or sports groups o individual sports teams unless they qualify above o Social clubs o political, government, lobbying or advocacy groups

3. .

The policy consists of the following Procedures for Water Accounts and General Accounts Receivable Credit and Collection:

1. Generating the Receivable 1. Receipt of Payment 2. Collection Procedure 3. Bad Debt

103

3

PROCEDURES 1. Generating the Receivable

The Treasury department is responsible for processing Accounts Receivable and Utility Receivable invoices. Invoicing should be done in a timely manner. Invoices are triggered by the following events: provision of service such as land filling, rental of facility, provision of water, completing a job, achieving project milestones. The project and Senior managers must approve an “invoice request” before they are submitted to Treasury for processing. Invoice requests are to be submitted 3 business days prior to processing on the 15th of each month. Once processed, the invoices will be promptly mailed to the customer.

1.1 Setting up an Account

Customers wishing to set up an account must provide the following documentation.

Residential and Non-Corporate Accounts:

A. Copy of a Valid Driver’s License B. Major Credit Card C. Telephone Number

1.2 Water Accounts Invoicing

A customer with a 20 mm service will receive 3 water bills a year. The Municipality is divided into half for billing purposes. The south half is billed January, May and September and the north half is billed March, July and November. Customers with a 25 mm service or larger are billed every 2 months. Readings are completed with the south billing group and interim bills based on estimated consumption are processed with the north billing.

Utility rates are set by Council and are included in the “Consolidated Rates and Fees By-Law”. Invoices show the billing period, total consumption and flat rate billing amounts, total amount due and due date

Formatted: Bullets andNumbering


104

4

Utility receivables are lienable charges, therefore, the Treasurer is authorized to add unpaid utility arrears to the collector’s roll and collect them in the same manner as realty taxes. All customers are required by municipal by-law to have a water meter installed by a licensed plumber or installer and inspected by the municipality unless exempted by the Water Purveyor. This meter must be accessible to the municipality at all times. Utility bills may be forwarded directly by the Municipality to a tenant if written permission is given by the landowner but payment of them remains at all times the responsibility of the landowner. If the invoices are not paid they will be transferred to the realty taxes as explained above. Failure to pay is strictly between the property owner and the tenant. Upon a sale, or a tenant leaving a final reading and billing will be completed if requested. The municipality is not responsible for finals that are not requested prior to the sale or tenant leaving.

1.3 General Accounts Invoicing

REDUCTION OF INVOICING

Reducing the number of persons/businesses invoiced is a proactive measure to increase cash flow and prevent past due accounts. Policies to achieve a reduction in invoicing are as follows:

1.3.1 Minimum Invoice Amount of $50

The minimum limit permitted to be invoiced for goods or services is $50. Amounts due of less than $50 must be paid in advance or at the time the goods or services are provided. Exceptions to this policy are:

v returned cheque fees invoiced v invoices of lesser amounts to regular, large volume customers that

have been approved for credit v invoices of lesser amounts approved by the Supervisor of Revenue

Services & Taxation for unforeseen circumstances.

The Treasurer and the Supervisor of Revenue Services will monitor compliance with this requirement.

1.3.2 Administration Fee for Invoices Less than $50

105

5

An administration fee of $10 is permitted to be charged for invoices less than $50 and will be in accordance with procedures established by the Treasury department.

2.0 Receipt of Payment

2.1. Payment Options

The Municipality of Kincardine payment options include:

v Cash, Cheque, Debit Cards v Payments can also be made at financial institutions. v Preauthorized Payment Plan (Water only). v Online Banking

v Electronic payments can help: Reduce the risk of cheque fraud

2.2 Cash Receipts

Lockboxes/safes are to be utilized for the receipt of customer cash/cheque payments. EFT payments (Electronic Fund Transfer) and Debit Payments will be processed into Municipality of Kincardine’s bank account as received

2.3 Cash Posting

All receipts are to be entered into the accounting system on a one-business day lag from the time they are deposited into the Municipality of Kincardine’s bank account.

The Revenue branch of the Treasury department is responsible for maintaining a daily log of all cash receipts entered into the system. The log will independently reflect the daily totals for Cheques, EFT, Debit Payments, Fax Payments, ATM payments and Cash receipts entered into the accounting system.

3.0 Collection Procedure

3.1 Interest

3.1.1 General/Utility Receivable

Simple interest at the rate of 1.25% per month (15% per annum) shall be applied to General and Utilities Receivable, with the exception of




106

6

Dog Tags to which a one time charge of 50% penalty and Marina one time charge of 25% penalty is charged on overdue payments. Payments are due 30 days after the date of the invoice, with interest charged on amounts that are unpaid in the second month after invoice date.

3.1.2 Non-Profit

Simple interest at the rate of .42% per month (5% per annum) shall be applied to Non-profit Group past 30 days of the due date.

3.2 Statement of Accounts

Statements of unpaid account will be mailed monthly to all customers after adding penalty/interest.

3.3 Internal Collection Procedure

3.3.1 Non –Lienable Charges:

A. In conjunction with statement of unpaid account, telephone contact

will be made once the account is past 30 days. B. Collection letter shall be sent out once the account is past 60 days

and no payment arrangement has been made C. Payment arrangement or enacting a right of offset for any amounts

that Municipality of Kincardine might owe the customer D. Unpaid accounts over 60 days could loose certain privileges such

as landfill site access E. Refusal to do business on a billed basis i.e. cash only F. In the Case of D. & E. Treasury will provide frequently updated

lists of customers to the department providing services G. Advising the client of legal action we may take (standard letter

format), e.g. small claims court action or legal action to file Judgments

H. Where internal collection efforts have not been successful, the account will be turned over to a third party collection agency on contract with Municipality of Kincardine.

3.3.2 Non-Lienable Charges collected like taxes: A. In conjunction with statement of unpaid account, telephone contact

will be made once the account is past 30 days B. Collection letter shall be sent out once the account is past 60 days

and no payment arrangement has been made C. Once the charge is past 90 days it shall be transferred to the tax

account and remain an encumbrance on property until such time it is fully paid by the ratepayer or through Tax Sale.

107

7

3.3.3 Lienable Charge:


will be made once the account is past 30 days. B. Collection letter shall be sent out once the account is past 60 days

and no payment arrangement has been made C. Once the charge is past 90 days it shall be transferred to the tax

account and remain an encumbrance on property until such time it is fully paid off either by the ratepayer or through Tax Sale.

3.3.4 Non – Profit Group:


will be made once the account is past 30 days B. Collection letter shall be sent out once the account is past 60 days

and no payment arrangement has been made C. payment arrangement or enacting a right of offset for any amounts

that Municipality of Kincardine might owe the customer D. Treasury reports over due balance to Senior Manager of the

department providing the service if the account remains unpaid E. If the account remains unpaid, Senior Manager of the department

providing the service then reports to committee F. If the account remains unpaid, Senior Manager of the department

providing the service reports to Council G. If no satisfactory payment arrangement can be arranged, the

account is sent to a collection agency. External Collection.

Collection Agency

The Municipality will involve a third party to assist in the collection of funds when the Municipality of Kincardine’s routine collection efforts have not brought the desired results or there is reason to believe that filing a judgment against the debtor is imperative to protect its’ interests. Use of Collection agency is applicable for Non- Lienable charges and Non- profit Organization. A collection agency is involved only after the debtor has received, via certified mail – return receipt requested - a final demand notice. Choice of agency is dependent upon applicable commissions charged for collection and the circumstances of the matter in general. All placements are on a contingency basis. When an account is placed with an agency, the performance of the agency is to be monitored via a spreadsheet that documents all third-party activity. The spreadsheet will include these data elements:

108

8

v Account name & location v Date placed with agency v Agency name v Amount placed v Reason for placement

Also to be recorded are subsequent agency actions including amounts collected and commissions paid. Court costs and suit fees, if paid, are also recorded here.

Collection agencies are required to promptly acknowledge all claims, provide regular activity reports and promptly remit any funds collected on the municipality’s behalf. A quarterly status report of all claims, regardless of active or inactive status, should be provided by each agency working an account on the municipality’s behalf. Under no circumstances will an agency initiate legal proceedings against a debtor without prior approval of the Supervisor of Revenue Services and Taxation and/or Treasurer. An estimate of legal fees must be provided as part of the decision process.

4. Bad Debts

From time to time, a customer invoice will become uncollectible, either because the customer cannot pay or because the customer will not pay. Where there is some reason to believe that the customer will become able to pay or will become willing to pay, the invoice should be aged and maintained. If there is no reason to believe that the invoice will ever be paid, it must be classified as uncollectible and treated as a bad debt. The decision to classify an invoice as a bad debt should be made by the Supervisor of Revenue Services & Taxation and Reviewed and Approved by the Treasurer. When an invoice is classified as a bad debt, the following must occur:

A. An accounting entry cancels the account receivable from the customer and increases the bad debt expense.

B. Generally, the customer’s credit limit will be reduced to zero. It is important to maintain the customer’s records even though credit is not to be granted. This enables the Municipality maintain a record of customers not to be granted credit.

C. The credit bureau is notified. D. Any other business currently underway with this customer must be

109

9

reviewed by the Supervisor of Revenue Services and Taxation and appropriate action taken.

Allowance for Doubtful Accounts

A. Allowance can be used for non-lienable accounts over 90 days old but for which final outcome is not yet known. This is a “contra account” that reduces Accounts Receivable to the amounts that are expected to be collected.

B. When an Allowance for Doubtful Accounts is used, customer account write-offs will be written off to the Allowance for Doubtful Accounts rather than directly to Bad Debt Expense.

110

of 1

P O L I C Y POLICY NO.: T.P.1.1 SECTION: TRANSPORTATION TITLE/SUBJECT: ROAD DESIGN STANDARDS ADOPTED DATE: September 19th, 2007 REVISION DATE: Objective: To ensure orderly development of municipal roadways in conjunction with standard road designs to ensure the uniformity of service to our residents. Policy: 1. Municipal roadway development and design shall be in accordance with the appropriate

road design standard:

A. Typical 20 meter urban subdivision section and service locations for local residential streets.

B. Typical 20 meter suburban subdivision section and service locations for local

residential streets.

C. Typical 20 meter cottage development cross section for local cottage residential streets.

2. Variations to these road standards are subject to the recommendation of the municipal

development team (staff) and is ultimately subject to council approval through the Subdivision Agreement process.

3. When future development standards are created they will be added to this policy to

ensure an orderly set of design and development standards for the Municipality of Kincardine.

Attachments:

1. 20 meter urban subdivision standard 2. 20 meter suburban subdivision standard 3. 20 meter Cottage Development Standard

111

NO. 2008 –

BEING A BY-LAW TO ESTABLISH PROCEDURES REGARDING THE SALE AND OTHER DISPOSITION OF LAND

WHEREAS Section 270(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, requires a municipality to adopt and maintain policies with respect to certain matters, including its sale and other disposition of land;

NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows:

Definitions: 1. (1) For the purpose of this bylaw:

(a) “appraisal” shall mean a written opinion as to the amount that the real property might be expected to realize if sold in the open market by a willing seller to a willing buyer;

(b) “disposal” shall mean the sale of real property owned by the

Municipality of Kincardine or the lease of real property for a period of 21 years or longer;

(c) “Municipality” shall mean The Corporation of the Municipality of Kincardine;

(d) “public notice” shall consist of one advertisement in a

newspaper having general circulation within the Municipality prior to the date of the Committee or Council meeting, as the case may be, at which the disposal is to be considered.

Surplus Lands 2. Prior to the disposal of any land, the Council shall by resolution declare

the real property to be surplus. Appraisals 3. Except for disposals of land, or to those public bodies exempted in

Schedule “A” , the Chief Administrative Officer shall, prior to the disposal of the land, obtain at least one appraisal of the property.

. . . /2

115

2 Real Property Disposal By-law 2003 - 133

Public Notice 4. (1) The Chief Administrative Officer shall ensure that public notice of

the disposal of land shall be effected prior to the passage of the by-law approving the disposal of the land of the Municipality.

(2) Notices advertising land as surplus, should include the municipal

address, as well as the municipal roll number if applicable.

Public Register 5. A public register shall be available for inspection during regular office

hours, listing and describing the land, owned and leased by the Municipality and identifying those lands declared surplus. Those lands exempt from the said register are outlined on Schedule “A” attached hereto and forming part of this By-law.

Marketing of Properties 6. The Municipality may market its land by either of the following two

methods as determined by the Chief Administrative Officer:

(1) Internal Marketing:

Staff will market the subject land, vis-à-vis, the municipal web site, local newspapers and on site “for sale” sign (10 day posting period)

(2) Local Real Estate:

(a) If this option is selected the subject land will be listed by an agent who is drawn from a hat containing all local agents

(b) The subject land may be listed through Multiple Listing

Services (MLS)

Municipal Agents 7. (1) The Chief Administrative Officer shall act as the single point of

contact for land negotiations and upon final negotiations, will bring offers to Council for consideration

(2) The Manager of Economic Development and Tourism shall

maintain the Public Register and provide the Economic Development Committee with regular updates on Land Inventory Status issues.

General 8. That By-law No. 2003-133 is hereby repealed. Effective Date 9. This By-law shall come into full force and effect upon its final passing. Title 10. This By-law may be cited as the “Sale of Land By-law”. READ a FIRST and SECOND time this day of September, 2008. READ a THIRD time and finally passed this day of September, 2008.

116

_________________________ __________________________ Mayor Clerk

Land Sales 2008 By-law No. 2008 –

SCHEDULE “A”

117

CLASSES OF REAL PROPERTY EXEMPT FROM APPRAISAL REQUIREMENTS

1. Land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act. 2. Easements granted to public utilities or to telephone companies.

EXEMPT CLASSES OF PUBLIC BODIES

1. Any municipality. 2. A local board as defined under the Municipal Act, 2001. 3. An authority under the Conservation Authorities Act. 4. The Crown in Right of Ontario or of Canada and their agencies.

PROPERTIES EXEMPT FROM LISTING IN REGISTER

1. Land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act. 2. All highways, roads and road allowances, whether or not opened, unopened, closed or stopped up.

118

of 2

P O L I C Y POLICY NO. GG.5.1 SECTION: GENERAL GOVERNMENT – AGREEMENTS TITLE/SUBLTECT: SHARED COST AGREEMENTS ADOPTED DATE: April 7, 1999 REVISION DATE: In order that the Municipality can be assured that shared cost agreements will be adhered to, Council hereby establishes the following policy: 1. Any work completed through the Municipality on behalf of a property owner on a cost

sharing basis shall necessitate a written agreement. 2. The written agreement shall set forth the conditions upon which the Municipality will

have the work completed and shall include that the ratepayer will be required to deposit, with the Municipality, his/her estimated share of the cost before the work begins.

3. Any work completed through the Municipality on behalf of the property owner where

the property owner is to pay the full cost of the work will require that the attached form be completed by the Municipality and signed by the property owners prior to the commencement of any work. The estimate provided for the cost of the work shall be as accurate as possible. The property owner will be required to pay the cost estimate prior to the start of the project. Note: Once the project is complete, a final review of the cost will be conducted and either a refund or additional invoice will be issued to the property owner.

4. Costs will include materials, labour of staff completing the installation,

vehicle/machinery expenses per the current Consolidated Fee By-law, and/or any out of pocket expenses incurred by the municipality plus an administration charge of 5%.

5. In case of special circumstances, the property owner may make payment arrangements

with the Municipality. 6. These agreements may be authorized and executed by applicable Senior Manager. (Form attached)

119

of 2

PROPERTY OWNER'S AUTHORIZATION TO CARRY OUT WORK

Name and Address of Property Owner (please print): ______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Phone: Residence __________________ Business ____________________ Description of Work to be Carried Out: ______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

ESTIMATED COSTS: Materials $______________

Labour $______________ Vehicle/machinery Expenses $______________ Other (including engineering and Subcontractors) $______________

Sub Total $______________ Administration Charge of 5% $______________ Total $______________ I, the undersigned, hereby authorize the work to be undertaken on my property by the Municipality and agree to pay the reasonable costs for the work based on the estimate noted above.

_________________________ Signature of Property Owner(s) _______________________

Date ________________________

Name of Municipal Official _________________________ Signature of Municipal Official

Sketch:

120

P O L I C Y

POLICY NO. PD.1.1 SECTION: PLANNING & DEVELOPMENT TITLE/SUBJECT: SITE PLAN CONTROL REQUIREMENTS

ADOPTED DATE: August 25, 1999

REVISION DATE:

The attached standard site plan control requirements shall be used as the basis for all site plan control between the Municipality and developers. It is understood that each site plan may have specific provisions in addition to the attached standard. Such provisions shall be negotiated with the developer on an "as required" basis. The development standards noted herein shall be the development standards for site plan control requirements in the Municipality.

121

of 28

SITE PLAN CONTROL REQUIREMENTS

This information package is designed to assist you in submitting your site plan application. Three documents are attached:

• Site Plan Application Form • Site Plan Checklist • Standard Form of Agreement.

Your application should follow this process:

1. Application filled out and submitted to the Building and Planning Manager.

2. One digital set and three hard copies of the detailed site plan drawings (unless otherwise noted) should be submitted to the Building and Planning manager with the application.

3. The application fee as per the Consolidated Fee By-Law submitted with

application.

4. The Building and Planning Manager will distribute drawings to Municipal Staff and commenting agencies.

5. The comments will be compiled and a report submitted to the Planning and Building

Committee. 6. The Committee will review the drawings and recommend amendment, rejection or

approval to Council. 7. If approval is recommended, a formal agreement will be drawn up and given to the

developer to sign. At this stage, the developer must submit to Building and Planning Manager the name or names of the owners on title and a full and proper legal description for registration.

8. Once signed, it will go to Council for approval. 9. Once executed, a copy will be given to the owner. It will then be registered and the

owner notified of the instrument number and date of registration.

122

of 28


SITE PLAN APPLICATION

Date: _______________

The undersigned hereby applies to the Council of the Municipality of Kincardine for approval of the attached site plan. This application is based on the following facts: 1. Legal description of property:

Lot No. __________________ Block No. ________________ Plan No. ________

Street No. _________________ Street Name _____________________________

Frontage __________________ Depth ___________________ Area __________

2. Owner’s Name _____________________________________________________

Owner’s Address ___________________________________________________

Telephone Number _____________________

3. If applicant is other than owner:

Applicant’s Name __________________________________________________

Applicant’s Address _________________________________________________

Applicant’s Telephone Number _______________________

4. Proposed use of Property:

___________________________________________________________________

5. If a building is proposed give:

Width ____________________ Length _________________ Height __________

Distance back from street line _______________________

Distance from side lot lines

Distance from rear lot line

6. If parking is provided give total parking spaces:

(10 ft. x 20 ft.)

7. The applicant hereby deposits the sum of A) $2,000.00 minor Site Plan Agreement, B) $10,000.00

major Site Plan Agreement with the Treasurer of the Municipality of Kincardine to be held in trust to cover any

legitimate costs to process this application. The applicant agrees to pay any costs which exceed this deposit.

No assurance is given that the payment of the deposit will result in approval. The application will be processed

according to the policy of council set out in the policy memorandum, attached to this application.

Signature of Applicant

123

of 28

I hereby consent to this application

Signature of Owner

(where applicant is not the owner) Fee Paid $ ____________________ File No. _____________________ Circulated _____________________

124

of 28

MUNICIPALITY OF KINCARDINE Site Plan Checklist

Project: _____________________________________ Date: _____________________________________ Item Comment 1 Planting strips

2 Building Elevations

3 Drainage Patterns

4 Storm Drainage

5 Culverts & size

6 Road widening

7 Curbs

8 Traffic pattern signs

9 Loading facilities

10 Parking lot surface

11 Pedestrian walkways

12 Flood lighting

13 Landscaping

14 Storage for garbage

15 Easement required

16 Parking requirement

17 Parking Lot Lighting

18 Fire Route

19 Hydrants

20 Fire Dept. Connections

21 Site Triangle

Other Comments

125

of 28

SITE PLAN AGREEMENT

This AGREEMENT made this ____________day of ____________, 2008. BETWEEN:


hereinafter called the "Municipality" of the First Part,

-and-

hereinafter called the "Owner" of the Second Part.

WHEREAS the Owner represents that it is the registered owner of those lands in the Municipality of Kincardine, County of Bruce, described in Schedule "A" attached hereto and forming part of this agreement; AND WHEREAS the parties hereto agree that the lands affected by this agreement are as set out in Schedule "A" attached hereto; AND WHEREAS the Municipality has enacted a Site Plan Control Area By-Law pursuant to the provisions of Section 41 of the Planning Act, R.S.O., 1990, c.P. 13, as amended. AND WHEREAS the covenants, agreements, conditions and understandings herein contained on the part of the Owner and the Party of the Third Part, if any, shall run with the land and shall enure to the benefit of and be binding upon the parties hereto and their heirs, executors, administrators, successors and assigns, as the case may be, and shall be appurtenant to the adjoining highways in the ownership of the Municipality. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the approval of the plans for the development on subject parcel of land by the Municipality and the sum of ONE ($1.00) DOLLAR, the receipt of which is hereby admitted, the Owner for himself and for all successors in title, HEREBY AGREES with the Municipality as follows: PART A - GENERAL PROVISIONS 1. The parties to this agreement hereby agree that the Owner as herein stated is the registered owner of those lands described in Schedule "A" to this agreement and the lands affected by this agreement are as described in Schedule "A" to this agreement, hereinafter called the "subject lands".

126

of 28

2. The Owner hereby releases the Municipality, its servants, agents and contractors from any and all liability in respect of the proper maintenance and operation of the matters and facilities required by this agreement. 3. The Owner agrees to allow the Municipality at its sole expense and in its sole discretion to register or deposit this agreement in the Registry Office for the County of Bruce against the "subject lands". . .. 2

Page 2 Site Plan Agreement

4. The Owner will at all times indemnify and save harmless the Municipality on a solicitor and client basis from all loss, costs and damages which the Municipality may suffer, be at or be put to, for or by reason of the execution of this agreement. The Party of the Third Part joins herein to consent hereto and to bind its interest in the lands hereto. 5. The clauses of this agreement are independent and severable and the striking down or invalidation of anyone or more of the clauses does not invalidate all or any of the remaining clauses. 6. Nothing in this agreement shall relieve the Owner from complying with all applicable municipal requirements. 7. The Owner hereby grants to the Municipality, its servants, agents and contractors a license to enter the "subject lands" for the purpose of inspection of the works and the "subject lands" or for any other purpose pursuant to the rights of the Municipality under this agreement. 8. Once the Municipality of Kincardine has entered into the site plan agreement

with the owner, all subsequent documents binding the Corporation will be executed by the Mayor & CAO.

PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS 9. The Owner agrees to undertake development on the "subject lands", at its sole expense, in conformity with the site plan as detailed in Schedule "B" attached hereto, which shall hereinafter be referred to as the "approved site plan", 10. The Owner agrees to provide, install or otherwise abide by, at its sole expense, the site development requirements as detailed in Schedule "C" attached hereto.

127

of 28

11. Upon receipt of a written request from the owner, provided all documentation

has been received and clearance letters have been issued the Building and Planning Manager shall issue a certificate of compliance.

a) "Certificate of compliance" shall mean a statement of the Municipality as to the substantial completion of the works, matters and facilities required by this agreement and shall not be deemed to certify compliance with any other municipal requirements, regulations, or by- laws, and the Municipality shall not be stopped from pursuing any or all its rights to enforce the continuing obligations of the Owner under this agreement or to enforce any other of the Municipality's requirements, regulations or by-laws which relate to the subject lands. 12. The Owner hereby acknowledges that failure to complete all required works within the specified time period shall mean a certificate of compliance will not be issued until such work necessary to complete the development is done, and that until such certificate of compliance has been issued, in the event that the prescribed time period has lapsed, the Municipality has the right to refuse issuance of any permit necessary to carry out any additional work on the "subject lands". ...3


13. All maintenance and repair of facilities and matters required by this agreement shall be done by the Owner from time to time at its sole risk and expense and the Owner agrees the "subject lands" will not impede or prohibit performance of the maintenance provided for in this agreement. 14. The Owner agrees to maintain in good repair and at its sole expense the subject lands" in conformity with the provisions of Schedule "B" (approved site plan) and Schedule "C" (site development requirements), and all other requirements pursuant to this agreement, and all repair or maintenance shall conform with the requirements of this agreement as it applied to the original development. 15. The Owner agrees to maintain at its sole expense and in good repair to the standards acceptable to the Municipality all landscaped open space, private driveways and complementary facilities, and private approach sidewalks which are located on untraveled portions of Municipality-owned road allowances abutting the subject lands. 16. The Owner agrees that all facilities and matters required by this Agreement shall be provided and maintained at its sole risk and expense and to the

128

of 28

satisfaction of the Municipality and that in default thereof and in the sole discretion of the Municipality, the Municipality may perform such requirements at the expense of the Owner and such expense may be recovered by the Municipality in like manner as municipal taxes within the meaning of Section 326 of the Municipal Act, R.S,O., 1990, c.M, 45, as amended. 17. The Owner agrees to do the following: a) subject to The Public Transportation and Highway Improvement Act, R.S.O. 1990, facilities, to provide access to and from the lands such as access ramps and curbings and traffic direction signs; b) to dedicate to the Municipality, free and clear of all encumbrances, all Easements and lands required by the Municipality for the construction, maintenance and improvement of any existing or newly required watercourses, ditches, land drainage works and sanitary sewage facilities on the land and, on request by the Municipality, to deliver the properly executed documents in a form that can be registered, to the Municipality in order to complete the dedication to the Municipality and to pay all costs incurred by the Municipality in respect to the aforementioned dedications; c) to, where required by Municipal resolution, dedicate to the Municipality widening of highways that abut on the land described in Schedule "A" attached hereto, free and clear of all encumbrances. . .. 4


PART C - DEFINITIONS 18. In this Agreement and the Schedules attached hereto: i) "Building Area" shall mean the only area upon which the erection and use of buildings and structures shall be permitted. ii) "Landscaped Open Space" shall mean the areas of open space comprised of lawn and ornamental shrubs, flowers and trees and may include space occupied by paths, walks, courts, patios but shall not include parking areas, traffic aisles, driveways and ramps, iii) "Parking Area" shall mean the areas of open space other than a street to be used for the parking of motor vehicles and access ramps and driveways to areas used for the parking of motor vehicles which shall be clear of buildings and structures except those accessory to the operation of the parking area, and which shall be available and

129

of 28

maintained for the parking of motor vehicles including maneuvering aisles and other space necessarily incidental to the parking of vehicles. . iv) "Natural Open Space" shall mean the areas of open space which are to remain in a natural state with a minimum amount of maintenance, but shall not include areas of outside storage, parking areas, traffic aisles, driveways or ramps, or Building Area, Natural Open Space areas shall be subject to the requirements of the Maintenance and Occupancy (Property Standards) By-Law as amended from time to time for the Municipality and shall be kept clear of all weeds and natural growth which is prohibited by other Municipal by-laws. Areas of Natural Open Space may include areas of Landscaped Open Space. IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attest by the hand of its Mayor and Chief Administrative Officer this ______ day of ______ 200 . The parties have hereunto set their hands and seals this _______ day of _________ 200 .

SIGNED, SEALED AND DELIVERED ) in the presence of ) THE CORPORATION OF THE ) MUNICIPALITY OF KINCARDINE ) ) ) __________________________ ) Mayor – Larry Kraemer ) ) ) __________________________ ) Chief Administrative Officer – ) John deRosenroll ) ) ) ) ____________________________ ) __________________________ Witness )

I HAVE AUTHORITY TO BIND THE CORPORATION

130

of 28

SCHEDULE "A"

Description of Land

131

of 28

SCHEDULE "B"

The "approved site plan" shall be the plan drawn by the Owner and marked as the "approved site plan", signed by the Municipality's Chief Administrative Officer and signed by the Owner with any changes marked in red and initialed by the Chief Administrative Officer and the Owner. This "approved site plan" shall be filed with the Municipality's Building and Planning Manager.

132

of 28

SCHEDULE "C"

SITE DEVELOPMENT REQUIREMENTS

1. The Owner agrees that the completion date for all work required pursuant to this agreement shall be , 2009. Upon completion of the work and prior to the completion certificate being issued, drawings shall be completed “as record” and dated to be provided to the Municipality.

2. The Owner agrees to prepare a grading and drainage plan acceptable to the

Municipality and all surface and roof drainage shall be controlled in accordance with the approved plans in a manner satisfactory to the Municipality. Final Grading Certificate completed by a Professional Engineer or a Registered Ontario Land Surveyor, must be submitted.

3. The Owner agrees to maintain the grading in accordance with the Lot Grading

Plan and the Certified Building Lot Site Plan, no change shall be made to the actual finished elevation and grading of the building Lot or Block in any way that results in a material alteration or drainage on or across the building Lot or Block or adjacent lands from that shown on the Lot Grading Plan for the adjacent lands or the Owner’s Final Grading Certificate for the building Lot or Block.

4. The Owner agrees not to block, impede, obstruct or prevent the flow of

surface water as provided for in the Drainage plan, the Lot Grading plan, or the Certified Building Lot Site Plan over any Lot or Block by the construction, erection or placement thereon of any damming device, building, structure or other means.

5. The Owner agrees that any floodlighting of the land shall be installed in such a manner so as to deflect the light away from adjacent streets and properties or so controlled in intensity so as to prevent glare on adjacent streets and properties, 6. The Owner agrees to ensure during development of the "subject lands" that appropriate devices are installed and measures taken to prevent unreasonable erosion of soil from the site by wind or water, and the Owner agrees to abide by any request of the Municipality's Chief Building Official or Engineer in this regard, acting reasonably. 7. The Owner agrees to ensure that all records relating to testing of municipal water mains and sanitary sewers are provided to the Municipality prior to connection to the Municipal system. The Municipality will conduct Bacteriological sampling for the watermain at the owners expense. 8. The Owner agrees to install temporary fencing or otherwise adequately protect all trees, shrubs and other vegetation which are to be retained, and such fencing shall be located not closer to any trees than the drip line of such

133

of 28

trees, and the Owner agrees to abide by the requirements of the Municipality's Pubic Works Manager in this regard, acting reasonably. 9. The Owner agrees that any internal driveways which are necessary for, and

designated as, a fire route shall be so designed so as to carry the weight of the Municipality's fire fighting equipment and as per the Ontario Building Code.

10. The Owner agrees to provide all landscaping as shown on the "approved site plan". All plantings shall be installed to the specifications and requirements as indicated on the "approved site plan". 11. The Owner agrees that the site and building shall be designed so as to provide unobstructed access for wheelchairs to at least one main building entrance from the public sidewalk/street and one parking area by use of sidewalk ramps of proper gradient and surfacing. 12. The Owner agrees to appropriately and properly finish all lands lying between the "subject lands" and any and all abutting streets, which, without limiting the generality of the foregoing shall include the following: i) landscaping of lands lying between the street line and property line not to be used for vehicular or pedestrian entrances with topsoil and sod/seed. ii) installation of driveways of proper width and grade from the street line to the property line with asphalt, concrete or other hard surfacing acceptable to the Municipality's Engineer. iii) removal of existing driveways which are not to be used with replacement by appropriate landscaping as detailed above. 13. The Owner agrees to obtain a building permit within six (6) months from the date of this agreement. Failure to obtain a building permit within the prescribed time period shall mean this agreement is null and void. 14. The Owner agrees that all driveways and parking areas as indicated on the "approved site plan" shall be surfaced with asphalt, cement, or other hard surfacing acceptable to the Municipality's Engineer. 15. The Owner agrees that all vaults, containers, collection bins and other facilities which may be required for the storage of garbage and other waste material shall be kept within a completely enclosed building or a completely enclosed container in the location as shown on Schedule "B", 16. The Owner agrees that, at its sole expense, all parking areas provided on the "subject lands" shall be reasonably in all circumstances, maintained clear of snow so as not to prohibit or block or in any way restrict access along any driveway, walkway for vehicular and pedestrian traffic or reduce the number

134

of 28

of useable parking spaces below the minimum number of spaces required by the Municipality's zoning by-law. The Owner agrees not to store snow on-site such that it blocks visibility adjacent to a street or drainage facilities on-site or where adequate drainage facilities are not provided or where melt water would adversely affect an abutting property. 17. The Municipality's Chief Administrative Officer may agree in writing to minor variations to provisions of this agreement. Please note that all major variations must be approved by Council in the form of a Site Plan amendment to this agreement. 18. The owner agrees to rectify the deficiencies as noted in Planning Report #

135

of 28

Wind Turbine Site Plan Checklist:

Legal description Land Owners name Circuit – Phase Drawing # Roll # Date: Compliance Listing 1/ Municipality of Kincardine Zoning By-law 2/ Environmental Screening Report Approval 3/ Statement of Completion 4/ Master Wind Turbine Agreement 5/ Setback Confirmation (Envelope)

• Participating Neighbour

• Non Participating Neighbour • Hydro Easement • Setbacks

6/ Fencing/Gates 7/ Landscaping 8/ Type of Turbine 9/ Height of Turbine 10/ Diameter of Blade 11/ Landowner’s Approval 12/ Decommissioning Plan 13/ Stream Crossing – SVCA 14/ Municipal Drain 15/ Road Access Notes 1/ the Master Wind Turbine Agreement includes:

- Roadway Protection Plan - Decommissioning Plan

- High Angle Rescue Plan

136

of 28

SITE PLAN AGREEMENT

This AGREEMENT made this ____________day of ____________, 2007. BETWEEN:


hereinafter called the "Municipality" OF THE FIRST PART

-and-

(Name of Land Owner)

-and-

(Name of Wind Company)

hereinafter collectively called “The Owner"

OF THE SECOND PART

WHEREAS the Owner represents that it is the registered owner of those lands in the Municipality of Kincardine, County of Bruce, described in Schedule "A" attached hereto and forming part of this agreement; AND WHEREAS the parties hereto agree that the lands affected by this agreement are as set out in Schedule "A" attached hereto; AND WHEREAS the Municipality has enacted a Site Plan Control Area By-Law pursuant to the provisions of Section 41 of the Planning Act, R.S.O., 1990, c.P. 13, as amended. AND WHEREAS the covenants, agreements, conditions and understandings herein contained on the part of the Owner and the Party of the Third Part, if any, shall run with the land and shall enure to the benefit of and be binding upon the parties hereto and their heirs, executors, administrators, successors and assigns, as the case may be, and shall be appurtenant to the adjoining highways in the ownership of the Municipality. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the approval of the plans for the development on subject parcel of land by the Municipality and the sum of ONE ($1.00) DOLLAR, the receipt of which is hereby admitted, the Owner for himself and for all successors in title, HEREBY AGREES with the Municipality as follows: PART A - GENERAL PROVISIONS

137

of 28

1. The parties to this agreement hereby agree that the Owner as herein stated is the registered owner of those lands described in Schedule "A" to this agreement and the lands affected by this agreement are as described in Schedule "A" to this agreement, hereinafter called the "subject lands". Wherever the term Owner is used in this agreement, it shall apply jointly and

severally to the parties comprising the Owner. 2. The Owner hereby releases the Municipality, its servants, agents and contractors from any and all liability in respect of the proper maintenance and operation of the matters and facilities required by this agreement. 3. The Owner agrees to allow the Municipality at its sole expense and in its sole discretion to register or deposit this agreement in the Registry Office for the County of Bruce against the "subject lands".


4. The owner agrees to indemnify and hold harmless the Municipality from and against all suits, judgments, claims, demands expenses actions, causes of action and losses and for any and all liability for damages to property and injury to persons (including death) which the Municipality may incur, otherwise than by reason of their own negligence or willful misconduct, as a result of or arising out of or in relation to any breach of the terms of this Agreement, or the Municipality’s own negligence or willful misconduct.

5. The clauses of this agreement are independent and severable and the striking down or invalidation of anyone or more of the clauses does not invalidate all or any of the remaining clauses. 6. Nothing in this agreement shall relieve the Owner from complying with all applicable municipal requirements. 7. The Owner hereby grants to the Municipality, its servants, agents and contractors a license to enter the "subject lands" for the purpose of inspection of the works and the "subject lands" or for any other purpose pursuant to the rights of the Municipality under this agreement. 8. Once the Municipality of Kincardine has entered into the site plan agreement

with the owner, all subsequent documents binding the Corporation will be executed by the Mayor & CAO.

PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS 9. The Owner agrees to undertake development on the "subject lands", at its sole expense, in conformity with the site plan as detailed in Schedule "B"

138

of 28

attached hereto, which shall hereinafter be referred to as the "approved site plan", 10. The Owner agrees to provide, install or otherwise abide by, at its sole expense, the site development requirements as detailed in Schedule "C" attached hereto. 11. a) Upon completion of the development of the "subject lands" in conformity with the provisions of this agreement, the Building and Planning Manager shall issue a certificate of compliance. b) "Certificate of compliance" shall mean a statement of the Municipality as to the substantial completion of the works, matters and facilities required by this agreement and shall not be deemed to certify compliance with any other municipal requirements, regulations, or by- laws, and the Municipality shall not be stopped from pursuing any or all its rights to enforce the continuing obligations of the Owner under this agreement or to enforce any other of the Municipality's requirements, regulations or by-laws which relate to the subject lands. 12. The Owner hereby acknowledges that failure to complete all required works within the specified time period shall mean a certificate of compliance will not be issued until such work necessary to complete the development is done, and that until such certificate of compliance has been issued, in the event that the prescribed time period has lapsed, the Municipality has the right to refuse issuance of any permit necessary to carry out any additional work on the "subject lands".


13. All maintenance and repair of facilities and matters required by this agreement shall be done by the Owner from time to time at its sole risk and expense and the Owner agrees the "subject lands" will not impede or prohibit performance of the maintenance provided for in this agreement. 14. The Owner agrees to maintain in good repair and at its sole expense the subject lands" in conformity with the provisions of Schedule "B" (approved site plan) and Schedule "C" (site development requirements), and all other requirements pursuant to this agreement, and all repair or maintenance shall conform with the requirements of this agreement as it applied to the original development. 15. The Owner agrees that all facilities and matters required by this Agreement shall be provided and maintained at its sole risk and expense and to the

139

of 28

satisfaction of the Municipality and that in default thereof and in the sole discretion of the Municipality, the Municipality may perform such requirements at the expense of the Owner and such expense may be recovered by the Municipality in like manner as municipal taxes within the meaning of Section 326 of the Municipal Act, R.S,O., 1990, c.M, 45, as amended. 16. The Owner agrees to do the following: a) subject to The Public Transportation and Highway Improvement Act, R.S.O. 1990, facilities, to provide access to and from the lands such as access ramps and curbings and traffic direction signs; b) to dedicate to the Municipality, free and clear of all encumbrances, all Easements and lands required by the Municipality for the construction, maintenance and improvement of any existing or newly required watercourses, ditches, land drainage works and sanitary sewage facilities on the land and, on request by the Municipality, to deliver the properly executed documents in a form that can be registered, to the Municipality in order to complete the dedication to the Municipality and to pay all costs incurred by the Municipality in respect to the aforementioned dedications; c) to, where required by Municipal resolution, dedicate to the Municipality widening of highways that abut on the land described in Schedule "A" attached hereto, free and clear of all encumbrances.

. PART C - DEFINITIONS 20. In this Agreement and the Schedules attached hereto: i) "Building Area" shall mean the only area upon which the erection and use of buildings and structures shall be permitted. ii) "Landscaped Open Space" shall mean the areas of open space comprised of lawn and ornamental shrubs, flowers and trees and may include space occupied by paths, walks, courts, patios but shall not include parking areas, traffic aisles, driveways and ramps, iii) "Parking Area" shall mean the areas of open space other than a street to be used for the parking of motor vehicles and access ramps and driveways to areas used for the parking of motor vehicles which shall be clear of buildings and structures except those accessory to the


140

of 28

operation of the parking area, and which shall be available and maintained for the parking of motor vehicles including maneuvering aisles and other space necessarily incidental to the parking of vehicles. iv) "Natural Open Space" shall mean the areas of open space which are to remain in a natural state with a minimum amount of maintenance, but shall not include areas of outside storage, parking areas, traffic aisles, driveways or ramps, or Building Area, Natural Open Space areas shall be subject to the requirements of the Maintenance and Occupancy (Property Standards) By-Law as amended from time to time for the Municipality and shall be kept clear of all weeds and natural growth which is prohibited by other Municipal by-laws. Areas of Natural Open Space may include areas of Landscaped Open Space.

v) “Commercial Wind Generation System (CWGS)” shall mean one or

more Wind Generating Systems (WGS), that singly or collectively produce more than a total of 40 kilowatts (kW) based on ‘nameplate rating capacity’ and are connected to the provincial transmission grid.

vi) “Wind Generation System (WGS)” shall mean any device such as a

wind charger, windmill, or wind turbine that converts wind energy to electrical energy.

IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attest by the hand of its Mayor and Chief Administrative Officer this ______ day of ______ 200 . The parties have hereunto set their hands and seals this _______ day of _________ 200 .

SIGNED, SEALED AND DELIVERED ) in the presence of ) THE CORPORATION OF THE ) MUNICIPALITY OF KINCARDINE ) ) __________________________ ) Mayor – ) ) __________________________ ) Chief Administrative Officer – ) ) ) I/We have authority to bind the Corporation ) ) ) ________________________________ ) ________________________________ WITNESS ) ) ) ) ) )

141

of 28

) ) ____________________________ ) Name: ) Title: General Manager, I/We have authority to bind the Corporation

142

of 28

SCHEDULE "A"

Legal description of lands

143

of 28

SCHEDULE "B"

The "approved site plan" shall be the plan drawn by the Owner and marked as the “approved site plan”, signed by the Municipality’s Chief Administrative Officer and signed by the Owner with any changes marked in red and initialed by the Chief Administrative Officer and the Owner. This “approved site plan” shall be filed with the Municipality’s Building and Planning Manager.

144

of 28

SCHEDULE "C"

SITE DEVELOPMENT REQUIREMENTS

1. The Owner agrees that the completion date for all work required pursuant to this agreement shall be December 31, 2009. 2. The Owner agrees to prepare a grading and drainage plan acceptable to the Municipality and all surface drainage shall be controlled in accordance with the approved plans in a manner satisfactory to the Municipality. 3. The Owner agrees to ensure during development of the "subject lands" that appropriate devices are installed and measures taken to prevent unreasonable erosion of soil from the site by wind or water, and the Owner agrees to abide by any request of the Municipality's Chief Building Official or Engineer in this regard, acting reasonably. 4. The Owner agrees to install temporary fencing or otherwise adequately protect all trees, shrubs and other vegetation which are to be retained, and such fencing shall be located not closer to any trees than the drip line of such trees, and the Owner agrees to abide by the requirements of the Municipality's Pubic Works Manager in this regard, acting reasonably. 5. The Owner agrees that any internal driveways, access roads which are necessary for, and designated as, a fire route shall be so designed so as to carry the weight of the Municipality's fire fighting equipment. 6. The Owner agrees to provide all landscaping as shown on the "approved site plan". All plantings shall be installed to the specifications and requirements as indicated on the "approved site plan". 7. The Owner agrees to appropriately and properly finish all lands lying between the "subject lands" and any and all abutting streets, which, without limiting the generality of the foregoing shall include the following: i) landscaping of lands lying between the street line and property line not to be used for vehicular or pedestrian entrances with topsoil and sod/seed. ii) installation of driveways of proper width and grade from the street line to the property line with asphalt, concrete, gravel or other hard surfacing acceptable to the Municipality's Engineer. iii) removal of existing driveways which are not to be used with replacement by appropriate landscaping as detailed above.

145

of 28

8. The Owner agrees to obtain a building permit within twelve (12) months from the date of this agreement. Failure to obtain a building permit within the prescribed time period shall mean this agreement is null and void. 9. The Municipality's Chief Administrative Officer may agree in writing to minor variations to provisions of this agreement. Please note that all major variations must be approved by Council in the form of a Site Plan amendment to this agreement.

146

of 28


SITE PLAN APPLICATION

Date: _______________ The undersigned hereby applies to the Council of the Municipality of Kincardine for

approval of the attached site plan. This application is based on the following facts:

1. Legal description of property: Lot No. __________________ Block No. ________________ Plan No. ________

Street No. _________________ Street Name _____________________________

Frontage __________________ Depth ___________________ Area __________

2. Owner’s Name _____________________________________________________

Owner’s Address ___________________________________________________

Telephone Number _____________________

3. If applicant is other than owner:

Applicant’s Name __________________________________________________

Applicant’s Address _________________________________________________

Applicant’s Telephone Number _______________________

4. Proposed use of Property:

___________________________________________________________________

5. If a building is proposed give:

Width ____________________ Length _________________ Height __________

Distance back from street line _______________________

Distance from side lot lines

Distance from rear lot line

6. If parking is provided give total parking spaces:

(10 ft. x 20 ft.)

7. The applicant hereby deposits the sum of $2,000 with the Treasurer of the

Municipality of Kincardine to be held in trust to cover any legitimate costs to process this

application. The applicant agrees to pay any costs which exceed this deposit. No assurance

is given that the payment of the deposit will result in approval. The application will be

147

of 28

processed according to the policy of council set out in the policy memorandum, attached to

this application.

Signature of Applicant I hereby consent to this application

Signature of Owner

(where applicant is not the owner) Fee Paid $ ____________________ File No. _____________________ Circulated _____________________

148

THE CORPORATION OF THE MUNICIPALITY OF … Agenda Package 08 06... · THE CORPORATION OF THE...

Documents

Transcript of THE CORPORATION OF THE MUNICIPALITY OF … Agenda Package 08 06... · THE CORPORATION OF THE...