Municipality Of Northern Bruce Peninsula Council Meeting Minutes December 3, 2018

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MEMBERS PRESENT: Mayor Milt McIver, Deputy Mayor Debbie Myles, Councillor Laurie (Smokey) Golden, Councillor James Mielhausen, Councillor Megan Myles 

STAFF PRESENT: Clerk, Mary Lynn Standen, Administrative Assistant, Tessa Townson, Chief Administrative Officer, Bill Jones, Wendy Elliott, Chief Building Official, Teresa Shearer, Treasurer, 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 1:30 p.m. and Council members were reminded to disclose any pecuniary interest that may arise during the course of the meeting. 

Deputy Mayor Myles declared a conflict of interest in respect to Consideration of Agenda Items, #2, “Application for First Registration under the Land Titles Act”. Mayor McIver advised that he also may declare a conflict of interest depending on the nature of the discussion. 

APPROVAL OF THE AGENDA

Moved by J. Mielhausen Resolution #28-01-2018 Seconded by M. Myles 

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

Carried

ADOPTION OF THE MINUTES

Re: Council Meeting No. 18-27, November 26, 2018

Moved by L. Golden Resolution #28-02-2018 Seconded by D. Myles 

THAT the minutes of Council Meeting No. 18-27, November 26, 2018 be approved as printed and circulated.

Carried

PUBLIC MEETING

There is no Public Meeting for Council Meeting No. 18-28, December 3, 2018.

DELEGATION

There is no Delegation for Council Meeting No. 18-28, December 3, 2018.

CONSIDERATION OF AGENDA ITEMS

1. Clerks Report No. 18-55 

RE: Niagara Escarpment Commission

Request for Comments

NEC File No. B/R/2018-2019/9170

Related NEC File Nos. B/R/97-98/9001, B/R/96-97/9087

Owner/Applicant: Bruce Trail Conservancy

Agent: Adam Brylowski 

Part Lot 20, Concession 7, EBR, (Lindsay)

Cape Chin North Road

Assessment Roll No. 660-3-05900

Moved by J. Mielhausen Resolution #28-03-2018 Seconded by M. Myles 

THAT Council directs staff to submit to the Niagara Escarpment Commission, the Municipality’s position of no objection to the Development Permit application submitted by the agent, Adam Brylowski, on behalf of the owner/applicant, Bruce Trail Conservancy, for property known as Part Lot 20, Concession 7, EBR, (Lindsay), situated fronting on North Cape Chin Road, Municipality of Northern Bruce Peninsula. The owner/applicant is seeking approval to construct an elevated wooden platform, measuring 4.32 sq.m (46.5 sq.ft) and with a maximum height of 1.83 m (6 ft), on a 38.8 ha (96 acre) existing lot for the purpose of bird observation. 

Carried

Deputy Mayor Myles declared a potential conflict of interest with respect to the next item on the agenda and left the Council Chambers at 1:32 p.m.

2. Clerks Department Report No. C 18-56 

RE: Application for First Registration under the Land Titles Act

Correspondence from Kevin Wahba, Barrister and Solicitor Izaak 

De Rijcke Law Office dated November 14, 2018

Lots 22 and 23, Plan 509

79 McIvor Drive (#87 as stated on attached Document General BR137840)

Councillor Golden queried whether there are any buildings on Lot 22 and/or 23 noting that she had driven by the property the day before. Mr. Jones informed that there is a cottage and both Lot 22 and 23 are under the same ownership.

Councillor Mielhausen asked who owns Block B. Mr. Jones advised that Block B is privately owned. 

Mayor McIver declared a potential conflict of interest with respect to the next item on the agenda and left the Council Chambers at 1:35 p.m.

Mr. Jones noted that the ownership transfer was never completed, but, that it would be in the Municipality’s best interests to formalize this. He noted that the lands have always been treated as if in public ownership. 

Mrs. Standen, Clerk, asked Council to determine which Councillor will assume the Chair, as Mayor McIver and Deputy Mayor Myles both declared conflicts of interest. Councillor Golden assumed the Chair. 

Mrs. Standen explained to Council that Lots 22 and 23 are not being merged or deemed and rather Mr. Wahba’s letter is concerning the location of the property lines as it relates to the Municipal roadway, McIvor Drive. She further noted that the letter inquires whether there are any encroachments/encumbrances of buildings, structures, fences, etc. onto McIvor Drive. 

Councillor Mielhausen recommended that Council file a statement of objection in regards to the application as he has seen various plans of the area and the lot lines are inconsistent in his opinion.

Mr. Jones recommended that Staff obtain a legal opinion regarding absolute title and its potential impact pertaining to Lots 22 and 23, Plan 509 and report back to Council with said information. 

Councillor Myles asked the approximate timeline to have the ownership of Block B transferred into the Municipality’s name. Mr. Jones stated that the transfer will not happen this year; however, he can try and expedite the process if requested. 

Mr. Jones clarified that a statement of objection will not be filed at this time as Council has requested legal advice on the matter.

Moved by J. Mielhausen Resolution #28-04-2018 Seconded by L. Golden 

THAT Council receives Clerk Report C 18-56, as information, relating to an Application for First Registration under the Land Titles Act, for property legally described as Lots 22 and 23, Plan 509 and situated locally at 79 McIvor Drive (#87 as stated on Document General BR137840);

AND THAT Council instructs Staff to obtain a legal opinion regarding the Application for First Registration under the Land Titles Act, Lots 22 and 23, Plan 509, for Council’s consideration.

Carried

Mayor McIver and Deputy Mayor Myles resumed their places in the meeting.

3. Chief Administrative Officer Report No. CAO 18-32 

RE: “Opting In” or “Opting Out” of Allowing Storefront Retail Cannabis Dispensaries in Northern Bruce Peninsula

Councillor Golden recommended that Council “opt out” of allowing storefront retail cannabis dispensaries in Northern Bruce Peninsula as there is a sufficient lack of information and the option exists to “opt in” at a later date if Council believes it is appropriate.

Councillor Myles acknowledged the importance for residents to receive products and services locally; however, she does not believe the allowance of storefront retail cannabis dispensaries in NBP is a priority at this time due to the lack of interest she received during her campaign. She further alluded to the fact that she is not confident in the Provincial Government’s legislation and Bill 36.

Council was unanimous in its agreement to “opt out” of allowing storefront retail cannabis dispensaries in NBP at this time. 

Moved by M. Myles Resolution #28-05-2018 Seconded by L. Golden

THAT Council receives CAO Report No.18-32 as it pertains to information in regards to legalized cannabis and “opting in” or “opting out” of allowing storefront retail cannabis dispensaries in Northern Bruce Peninsula (NBP);

AND THAT Council directs Staff to advise the Province/Alcohol and Gaming Commission of Ontario that NBP has chosen to “opt out” from allowing storefront retail cannabis dispensaries in NBP at this time.

Carried

4. Chief Administrative Officer Report No. CAO 18-33

RE: Provincial Minister/Ministry Delegation Requests for the Upcoming Royal Ontario Municipal Association (ROMA) and Ontario Good Roads Association (OGRA) Conferences

Councillor Myles stated that she would be interested in requesting a delegation to discuss applying for funding from the Tourism Development Fund. She said that tourism is a big topic in NBP and funding may potentially be used for the hiring of a tourism manager or other options outlined in the Sustainable Tourism Plan. 

Mr. Jones explained that, typically when applying for a delegation with the Minister, they are looking for a specific request or ask. He said that delegation requests are due December 10, 2018 for the ROMA conference, which is the conference that most Council members are attending. Mr. Jones raised other potential delegation topics, such as Highway 6 and the prohibition of ATV’s on Highway 6 from Dyers Bay to Tobermory. He offered to prepare a report regarding possible delegation requests for Council’s information. 

Councillor Myles questioned the amount of detail needed for the delegation submission to ROMA. Deputy Mayor Myles stated that ROMA would be more important than OGRA in terms of a delegation request; however, there is a shorter timeframe for consideration, preparation and submission. 

Mrs. Standen informed Council that there is a delegation requesting to appear before Council in the new year in regards to sustainable tourism and that may have the potential to impact Council’s decision to request a delegation at ROMA. 

Mr. Jones advised that there is the opportunity to request a Ministry delegation outside of ROMA or OGRA and there is another conference in the summer of 2019, being the Association of Municipalities of Ontario (AMO), which is also an opportunity. 

Councillor Golden expressed concern with the ROMA delegation as there is limited time to prepare and Council is unsure of its specific request.

Mr. Jones was directed to prepare a delegation request about sustainable tourism for the upcoming ROMA conference by the December 10, 2018 deadline for submission. 

Moved D. Myles Resolution #28-06-2018 Seconded by J. Mielhausen

THAT Council receives CAO report No. CAO 18-33 in regards to provincial minister/ministry delegation requests for the upcoming ROMA and OGRA conferences, as information; 

AND THAT Council directs the CAO to prepare a delegation request for the upcoming 2019 ROMA conference regarding sustainable tourism. 

Carried

5. Resolution- The Corporation of the Town of Kearney

RE: The Creation, Maintenance and General Quality of the Municipal Voters’ List

Councillor Golden stated that, based on the recent 2018 municipal election issues pertaining to the voters’ list, Council should support the resolution passed by the Town of Kearney.

Moved by L. Golden Resolution #28-07-2018 Seconded by M. Myles 

THAT Council supports the attached resolution No. 10.(d)(iii)/21/11/2018 from The Corporation of the Town of Kearney in regards to the creation, maintenance and general quality of the municipal voters’ list. 

Carried

OTHER BUSINESS 

Councillor Golden suggested that Council reinstate the Committee of the Whole (COWOC) based on the amount of discussion that has been deferred from the previous Council. She recommended that COWOC meetings be scheduled on the third Monday of every month. She mentioned her interest in the Committee of the Whole structure as she believes it allows a less formal and greater opportunity for discussion. Staff is to prepare a report, if possible, for the next Council meeting in regards to Councillor Golden’s request to reinstate Committee of the Whole of Council meetings.

Deputy Mayor Myles requested to have the Retention By-law amended to state that Council Agendas be retained permanently stored rather than for seven (7) years as the current approved by-law states. She feels that agendas are equally important to retain permanently the same as Council minutes. 

Mayor McIver requested a Special Council Meeting be arranged for the purpose of strategic/Council priority planning discussion. A Special Council Meeting was set for December 18, 2018 at 9:00 a.m. in the Council Chambers.

CORRESPONDENCE

1. Friends of Cabot Head- request for a meeting with incoming Council members and Bill Jones, CAO – Council directed that the Friends of Cabot Head appear as a delegation at an upcoming Council meeting 

2. RCL Branch 202, Lion’s Head, Ontario – thank you for your participation in our Remembrance Day Service – noted and filed 

3. Bruce County Planning and Development – Bill 34 Repeal Green Energy Act Report – noted and filed 

4. AMO Communications – AMO Policy Update – Government Announces New Social Assistance Reform Plan – noted and filed 

5. Multi-Municipal Wind Turbine Working Group – Minutes from October 11, 2018 Meeting plus Terms of Reference – annual fee, etc. – Mrs. Standen informed Council they will have to determine the appointment of members to sit on the MMWTWG at the next regular Council meeting.

Moved by J. Mielhausen Resolution #28-08-2018 Seconded by D. Myles 

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

Carried

READING OF BY-LAWS

Moved by M. Myles Resolution #28-09-2018 Seconded by J. Mielhausen 

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

2018-85 BEING A BY-LAW TO AMEND BY-LAW NO. 2002-54, AS AMENDED, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA AS IT RELATES TO THE REMOVAL OF THE HOLDING (H) ZONE PROVISION – CONCESSION 5 WBR PART LOT 47, 19 TIPSY LANE (ST. EDMUND’S), MUNICIPALITY OF NORTHERN BRUCE PENINSULA

2018-86 BEING A BY-LAW TO AMEND BY-LAW NO. 2002-54, AS AMENDED, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA AS IT RELATES TO THE REMOVAL OF THE HOLDING (H) ZONE PROVISION – TOWN PLOT BURY WBR PART BLOCK 6 RP 3R173 PART 12, 56 CHINA COVE ROAD (ST. EDMUND’S), MUNICIPALITY OF NORTHERN BRUCE PENINSULA

2018-91 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA HELD MONDAY, DECEMBER 3, 2018

Carried

CLOSED SESSION

Moved by D. Myles Resolution #28-10-2018 Seconded by L. Golden

THAT Council moves into closed meeting at 2:22 p.m. pursuant to Section 239 of The Municipal Act, 2001, as amended, for the following reasons: Closed Session pursuant to Section 239(3.1), a meeting of council closed to the public being held for the purpose or educating or training the members and acknowledging that no member discusses or otherwise deals with any matter in a way that materially advances the business or decision making of the council, and Section 239(2) of the Municipal Act for the following reasons: b) personal matters about an identifiable individual including municipal or local board members, d ) labour relations or employee negotiations (Employment Agreement/Pay Band) and, f) advice that is subject to solicitor-client privilege including communications necessary for that purpose (outstanding legal matters)

RECONVENE FROM “CLOSED SESSION” TO RESUME COUNCIL MEETING

Moved by M. Myles Resolution #28-11-2018 Seconded by D. Myles 

THAT Council reconvenes from “Closed Session” at 3:58 p.m. and resumes the Council meeting.

Carried

ADJOURNMENT

Moved by L. Golden Resolution #28-12-2018 Seconded by J. Mielhausen

THAT the meeting adjourns at 4:00 p.m.

Carried