Municipality Of Northern Bruce Peninsula Council Meeting Minutes November 26, 2018

165

MEMBERS PRESENT: Mayor Milt McIver, Deputy Mayor Patricia Greig, Councillor Tom Boyle, Councillor Rob Rouse

MEMBERS ABSENT: Councillor Griffin Salen

STAFF PRESENT: Clerk, Mary Lynn Standen, Administrative Assistant, Tessa Townson, Chief Administrative Officer, Bill Jones, Wendy Elliott, Chief Building Official, Teresa Shearer, Treasurer, Troy Cameron, Public Works Manager, Cathy Addison, Deputy Clerk, Marshall Tigert, Facilities Supervisor, Carol Hopkins, By-law Enforcement Officer, Wilf Barnes, Fire Chief

DISCLOSURE OF PECUNIARY INTEREST

Mayor McIver called the meeting to order at 1:01 p.m. and Council members were reminded to disclose any pecuniary interest that may arise during the course of the meeting.

APPROVAL OF THE AGENDA

Moved by T. Boyle Resolution #27-01-2018 Seconded by R. Rouse

THAT the content of the agenda be approved, as presented.

Carried

ADOPTION OF THE MINUTES

Re: Council Meeting No.18-26, November 12, 2018

Moved by P. Greig Resolution #27-02-2018 Seconded by T. Boyle

THAT the minutes of Council Meeting No. 18-26, November 12, 2018 be approved as printed and circulated.

Carried

PUBLIC MEETING

There is no Public Meeting for Council Meeting No. 18-27, November 26, 2018.

DELEGATION

There is no Delegation for Council Meeting No. 18-27, November 26, 2018.

CONSIDERATION OF AGENDA ITEMS

1. Public Works Report No. PW 18-43

RE: 2018 Municipal Hazardous and Special Waste Events

Mayor McIver commented on the increase in vehicles, tonnes and revenues from the Hazardous Waste Events at the landfills. Mr. Cameron said that the three (3) events per year are warranted and a lot of material has been diverted from the waste disposal sites.

Deputy Mayor Greig stated that she thinks the limit of three (3) Hazardous Waste Days per year and the allotted two (2) hour timeframe can be problematic for those who are out of town or unable to attend. She recommended that the County should consider implementing the program once per month and further that if the goal is to grow the program then to also improve the service provided.

Council discussed initiatives in other municipalities and how they handle hazardous waste disposal. Mr. Cameron explained that it is very costly to have permanent hazardous waste disposal sites as licensing and training for staff can be quite financially prohibitive.

Moved by T. Boyle Resolution #27-03-2018 Seconded by R. Rouse

THAT Council receives Public Works Department Report PW 18-43 as information as it relates to the 2018 Municipal Hazardous and Special Waste Events.

Carried

2. Deputy Clerks Report No. DC 18-17

RE: Accessibility Initiatives undertaken for 2018 Municipal Election

Moved by P. Greig Resolution #27-04-2018 Seconded by R. Rouse

THAT Council receives Deputy Clerk Report DC 18-17 as information with respect to the Accessibility Initiatives undertaken for the 2018 Municipal Election.

Carried

3. Deputy Clerk Report No. DC 18-18

RE: Emergency Management Compliance Requirements for 2018

Deputy Mayor Greig said that the report is very useful and reinforces the Municipality’s compliancy.

Moved by T. Boyle Resolution #27-05-2018 Seconded by R. Rouse

THAT Council receives Deputy Clerk Report DC 18-18 as information with respect to the Emergency Management and Civil Protection Act, R.S.O. 1990 and Ontario Regulation 380/04 – 2018 completion of necessary requirements, as information.

Carried

4. Treasury Department Report No. TR 18-15

RE: Municipal Auditor Appointment

Moved T. Boyle Resolution #27-06-2018 Seconded by R. Rouse

That Council receives Treasurer’s Report 18-15 as information regarding the appointment of the Municipal Auditor; and

That Council recognizes that the Auditor Appointment By-law 2017-39 covers the 2018 Audit which will be completed by BDO in 2019.

Carried

5. Treasury Department Report No. TR 18-16

RE: Reserve/Reserve Fund Transfers

In answer to the Deputy Mayor’s query, Mrs. Shearer and Mr. Jones stated that the reserves are not mandatory but discretionary.

Moved by R. Rouse Resolution #27-07-2018 Seconded by T. Boyle

That Council receives Treasurer’s Report TR18-16 regarding the Reserve/Reserve Fund transfers for 2018; and

That Council authorizes the reserve transfers as recommended in this report.

Carried

6. Clerks Department Report No. C 18-52

RE: Update on Request to Purchase Municipally-owned Property

Part Lot 33, Concession 2, Part 2, Reference Plan 3R-3407

(St. Edmunds) – (Cameron Lake Road)

PIN 33108-0122 (LT)

Mrs. Standen provided an historical background on the nature of the report dating back to the former St. Edmunds Township. She stated that a portion of Mr. and Mrs. Hatt’s property was intended to be dedicated for drainage easement purposes (Part 1); however, no agreement between the former Township and Mr. and Mrs. Hatt was executed and/or registered. She noted that Mr. and Mrs. Hatt have requested that the Municipality deem Part 2 as surplus so that they may submit a tender to purchase said land.

The Clerk further confirmed that Messrs. Jones and Cameron have been on site viewing and assessing the drainage matter. Mrs. Standen informed that several title discrepancies have been brought to our attention by the Municipal Solicitor along with an associated cost to make the necessary corrections. She commented that these costs should be borne by NBP given the historical circumstances and not incurred by Mr. and Mrs. Hatt. She said that if Council deems it appropriate, then the Municipality could have the title issues rectified, a survey of the drainage course conducted if Reference Plan 3R-3407 is not a suitable plan to register alongside the proposed drainage easement agreement and pay all legal fees associated specifically to these matters.

Mr. Jones agreed that it is, in fact, in the Municipality’s best interest to have the easement registered and proceed. He further noted that the Municipal Solicitor is to confirm whether the reference plan from 1983 may be used and if yes, it would eliminate the cost associated carrying out and registering a new reference plan/survey.

Mrs. Standen stated that she would bring an update report back to Council when she is in a position to confirm all details complete with estimated costing.

Deputy Mayor Greig expressed interest in Staff taking action to rectify the legal issues and pay costs if it will benefit the Municipality in the long term.

Moved by R. Rouse Resolution #27-08-2018 Seconded by P. Greig

THAT Council receives Clerk Report C 18-52 as it relates to a request from Barry and Alice Hatt to purchase Municipally-owned lands legally described as Part Lot 33, Concession 2, Part 2, Reference Plan 3R-3407, (St. Edmunds), Municipality of Northern Bruce Peninsula – PIN 33108-0122 (LT);

AND THAT Clerk Report C 18-52 outlines the process to address certain registration, drainage and title issues that are associated with this matter.

Carried

7. Clerks Department Report No. C 18-54

RE: Owner/Applicant: Martha Gay Scroggins

File No.: B-99-18.66 (Consent)

840 Stokes Bay Road

Lot 4 and Part Lot 5, Concession 2, WBR, (Lindsay)

Assessment Roll No. 4109 660 002 01900

Moved by R. Rouse Resolution #26-09-2018 Seconded by T. Boyle

THAT Council directs staff to submit to the County of Bruce Planning and Economic Development Department, the Municipality’s position of no objection to severing the property legally described as Lot 4 and Part Lot 5, Concession 2, WBR, (Lindsay), located at 840 Stokes Bay Road, Municipality of Northern Bruce Peninsula. It is the intention of the application to sever a 80.12 ha parcel.

THAT Council approves the imposition of conditions of granting of consent as follows:

1. THAT, pursuant to Section 53(42) of The Planning Act, the Certificate of

Consent be affixed to the deed within one (1) year of the giving of the Notice of Decision. [NOTE: Section 53(43) of The Planning Act, 1990, as amended, requires that the transaction approved by this consent must be carried out within two (2) years of the issuance of the certificate–ie. stamping of the deed].

2. THAT the applicant pays the applicable County of Bruce consent certification fee at the time of certification of the deeds.

3. THAT the Municipality provides written confirmation to the Approval Authority that the Municipal conditions as imposed herein have been fulfilled.

4. THAT the owner shall satisfy the Municipality’s Public Works Department with respect to provision of 911/entrance permits, if applicable.

Carried

8. Chief Administrative Officer Report No. CAO 18-34

RE: Ontario Tourism Innovation Lab

Mayor McIver and Councillor Boyle expressed interest in partnering with the Ontario Tourism Innovation Lab (OTIL). They said that the initiative is focused on creating entrepreneurs and business owners.

Moved by P. Greig Resolution #27-10-2018 Seconded by T. Boyle

THAT Council supports entering into a partnership with Bruce County, Rural Tourism Organization 7 (RTO 7), South Bruce Peninsula (SBP) and the Ontario Tourism Innovation Lab (OTIL) to establish a pilot expansion of the Ontario Tourism Innovation Lab (OTIL) and its “Spark” Mentorships and Grants Program;

AND THAT Council contributes $2,500.00 towards the Bruce County, Ontario Tourism Innovation Lab Project.

Carried

OTHER BUSINESS

Deputy Mayor Greig said that she is concerned that the bump on Webster Street has not yet been paved and further, that she wishes it be paved before the arrival of winter. Mr. Jones confirmed that the Public Works Department desperately wants asphalt to be available for installation this week; however, if they are unable to receive the asphalt then the Public Works Department is dedicated to rehabilitating the bump for the winter.

Deputy Mayor Greig outlined the recurring issue of the street light at the intersection of Pike Bay Road and Highway 6. She wants this problem fixed before the winter months.

Councillor Rouse questioned the circulation of the Notice regarding the proposed 2019 Fees and Charges By-law. Mrs. Standen replied stating that she will be circulating the proposed by-law to the 2018-2022 members of Council which is in keeping with best practices utilized in the past in NBP for distribution of this document to the sitting Council prior to the Public Meeting being held. She noted, however, that Notice of the Public Meeting had to be posted in the meantime.

Councillor Rouse thanked his fellow Council Members, Staff and the Public for the opportunity to serve as a Councillor.

CORRESPONDENCE

1. The Board, Friends of Cabot Head- Request for a meeting with the incoming and outgoing Council members and CAO, Bill Jones- refer to the 2018-2022 Council

2. Izaak De Rijcke Law Office- Application for First Registration under the Land Titles Act- Mrs. Standen explained that the Municipality was circulated in this matter because McIvor Drive abuts the property in question. Mrs. Standen was instructed to submit a report to the 2018-2022 Council.

3. Ruth Bainbridge, Co-chair, Museum Committee- St. Edmund’s Museum Report to Council- November 2018- noted and filed

4. Safe Communities Bruce Peninsula- Minutes- October 4, 2018- noted and filed

5. AMO Communications- AMO Policy Update- Welcome Fire News- noted and filed

6. Office of the Fire Marshall and Emergency Management- Jon Pegg, Chief of Emergency Management- Emergency Alert System Testing on November 28, 2018- noted and filed

7. Hicks Morley- Ontario Government Tables Legislation Impacting Bargaining and Interest Arbitration in the Fire Sector- noted and filed

8. AMO Communications- Provincial Government Releases Fall Economic Statement- noted and filed

9. AMO Communications- AMO Policy Update- Queen’s Park This Week- noted and filed

10. Blair Eveleigh- There are new limits on rental cottages- refer to 2018-2022 Council

11. Andrew Cruickshank- New tourism tax set to take effect in Huntsville, Ontario- refer to 2018-2022 Council

12. Multi-Municipal Wind Turbine Working Group- Agenda- November 8, 2018- noted and filed

Moved by T. Boyle Resolution #27-15-2018 Seconded by P. Greig

THAT the correspondence be received for information, as printed and circulated.

Carried

READING OF BY-LAWS

Moved by T. Boyle Resolution #27-16-2018 Seconded by R. Rouse

THAT the following listed by-law be given 1st, 2nd and 3rd reading and enacted:

2018-89 BEING A BY-LAW TO ASSUME AND DECLARE A PARCEL OF LAND AS A PUBLIC HIGHWAY IN THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA (TAMARAC ROAD, GAULEYS BAY ROAD AND GREENOUGH POINT ROAD)

2018-90 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA HELD MONDAY, NOVEMBER 26, 2018

Carried

CLOSED SESSION

There is no Closed Session for Council Meeting No. 18-27, November 26, 2018.

RECONVENE FROM “CLOSED SESSION” TO RESUME COUNCIL MEETING

There is no Closed Session for Council Meeting No. 18-27, November 26, 2018.

Carried

ADJOURNMENT

Moved by P. Greig Resolution #27-17-2018 Seconded by T. Boyle

THAT the meeting adjourns at 1:53 p.m.

Carried