Municipality of Northern Bruce Peninsula Council Meeting Minutes February 19, 2019

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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: Mary Lynn Standen, Clerk, Tessa Townson, Administrative Assistant, Cathy Addison, Deputy Clerk, Teresa Shearer, Treasurer, Troy Cameron, Public Works Manager, Wilf Barnes, Fire Chief, Marshall Tigert, Facilities Supervisor, Wendy Elliott, Chief Building Official
OTHERS PRESENT: John Festarini, Parks Canada, Ron Wheeler, Friends of Cabot Head, John Francis, The Tobermory Press
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.
Councillor Mielhausen declared a conflict of interest with respect to Clerk Report C 19-15, Committee Appointments, Municipal Investigator (Livestock Valuer).
APPROVAL OF THE AGENDA
Moved by L. Golden Resolution #05-01-2019 Seconded by M. Myles
THAT the content of the agenda be approved, as presented.
Carried
ADOPTION OF THE MINUTES
Re: Council Meeting No. 18-03, February 11, 2019
Deputy Mayor Myles requested that the following corrections be made to the Minutes:
Page 6, paragraph 5- correct “she does experience any difficulty” to “she does not experience any difficulty”
Page 6, paragraph 9- correct “and real aloud” to “and read aloud”
Page 6, paragraph 12- correct “Deputy Mayor Myles questioned if Council should ban fireworks” to “Deputy Mayor Myles questioned if Council should ban private fireworks”
Moved by D. Myles Resolution #05-02-2019 Seconded by J. Mielhausen
THAT the minutes of Council Meeting No. 18-03, February 11, 2019 be approved as printed and circulated, as amended.
Carried
PUBLIC MEETING
There is no Public Meeting for Council Meeting No. 18-05, February 19, 2019.
DELEGATION
Delegation #1
John Festarini- Parks Canada
RE: presentation on the 2018 season and plans for 2019 season with focus on Federal Infrastructure Program
Mayor McIver welcomed Mr. Festarini, Acting Parks Superintendent, to the Council Meeting and Mr. Festarini began his delegation.
Mr. Festarini addressed the recently purchased Driftwood Cove property adding 9% to the Bruce Peninsula National Park. He mentioned an Open House scheduled to be held on March 10, 2019.
Mr. Festarini outlined conservation and restoration projects, including new eco-passages, barrier fencing, the Citizen Science Program and the Black Bear DNA survey.
Visitor statistics were presented. Mr. Festarini noted that the year 2017 had such high numbers based on the Canada 150 celebration year. He stated that there has been a 519% increase in visitors to Flowerpot Island in the last ten years. Mr. Festarini informed Council that Parks is working on implementing a per person admission fee and they will work with the Parks Advisory Committee to determine proper implementation.
Mr. Festarini advised that $25 million has been invested into the Bruce Peninsula National Park and Fathom Five National Marine Park. Upcoming projects include the Cyprus Lake Campground Hub, Emmett Lake Road Entrance, Parks Canada Visitor Centre and Little Cove.
Mr. Festarini discussed management planning. He emphasized the importance of determining a long-term vision for the Park and continuing a good working relationship with the Municipality. Mr. Festarini informed Council that there is a deadline of 2021 for the Park’s management plans.
Mr. Festarini said that he will visit Council regularly to provide updates and answer questions. He mentioned that visitors are heading to this area due to the lack of natural places in southern Ontario. He then referenced the Park’s mandate as to protect and then present for Canadians.
Mr. Festarini welcomed Councillor Golden as a Parks Advisory Committee member.
Councillor Myles requested Mr. Festarini share any knowledge he may have in terms of managing visitors, climate change and asset management.
Councillor Myles mentioned distribution of the Parks Advisory Committee minutes. Mr. Festarini said they will be made available and he hopes to visit Council quarterly.
Councillor Golden discussed the importance of local engagement and employment. She referenced the FIT program gearing down and affecting positions at Parks Canada and recommended that individuals be trained in various positions. Mr. Festarini agreed with Councillor Golden and said that it is cheaper to retain current employees than to hire new.
Mr. Festarini indicated that a Parks Canada employee will be visiting Council in the future to address specific requests from Parks Canada to the Municipality.
Delegation #2
Friends of Cabot Head (FOCH)
RE: request that the MNBP assume some responsibility for the maintenance of the property at the Cabot Head Lighthouse and take on a greater role as a landlord
Mr. Ron Wheeler presented the delegation on behalf of Friends of Cabot Head.
Mr. Wheeler explained that the Cabot Head Lighthouse has been closed for two years receiving no income and as a result, has lost 40% of its volunteer base. He described the call he received from the Federal Government giving the group ten days to pack their contents and vacate the lighthouse. Mr. Wheeler advised Council that the Federal Government had said that work on the lighthouse is scheduled to be completed by July 1, 2019.
Mr. Wheeler addressed the challenges the group is facing such as, the many weeks needed to catalogue and display museum pieces, the inability to apply for grants with no definitive dates, lack of staff, poor shape of washroom facilities, unkempt state of trails and dwindling volunteer base.
Mr. Wheeler stated that the FOCH group has been in place since 1994 and there are many individuals who have grown up with fond memories of the lighthouse. He then mentioned another barrier like the aging volunteer base and the possible visitation if a visitor shuttle service is established.
Mr. Wheeler said that there were 18,000 visitors in the 2016 season and noted that he does not think a store will ever be feasible in the future. He also discussed the safety aspect of the lighthouse. The lighthouse can be used as a base for searches when those are on Georgian Bay and a marine radio is available at the lighthouse.
Mr. Wheeler requested assistance from the Municipality in terms of maintenance on the property and attention from the future Manager of Community Services.
Councillor Golden suggested incorporating an excursion option for visitors and having a designated operator for the lighthouse.
Mr. Wheeler requested that Municipal staff assume responsibility for yard maintenance of the property as the volunteers are unable to do so. Mayor McIver commented on the great opportunities for the property. Mr. Wheeler stated that the group would be open to a business running the lighthouse.
Councillor Myles recommended that a viable business plan be put in place prior to a new lease being created.
Mr. Festarini advised that Parks Canada does not have any interest in acquiring assets outside of Parks boundaries; however, he does have some advice and knowledge on successful lighthouse operations that he can provide to Mr. Wheeler.
Mr. Jones informed that he will bring a report to Council on the Cabot Head Lighthouse and that Council could visit the lighthouse during the Special Council Meeting – Road Tour in the spring.
Mayor McIver thanked Mr. Wheeler for presenting on behalf of FOCH.
Delegation #3
John Francis- Tobermory Press
RE: request for the Municipality to buy an ad in the Daytrip Companion, or better yet, identify a level of support equivalent to a full-page ad
Mr. Francis began his presentation by stating that the Tobermory Press has been trying to solve the problem of getting information to tourists for more than twenty years. He said that the Daytrip Companion was originally focused on giving people the information they need to have fun and stay longer; however, now it is concentrated on keeping visitors from having a bad time while offering other alternatives.
Mr. Francis informed Council that 56,000 copies will be made and he will be distributing the copies around the Bruce Peninsula. He noted that this is the only experiential publication available and he tries to focus on what visitors can do for free. Mr. Francis said that it is in the Municipality’s best interest to have this information circulated.
Councillor Myles noted that there are some issues with the Tobermory Press’ website in terms of viewing the Daytrip Companion online. Mr. Francis agreed with Councillor Myles and advised that he will be updating the website to allow for a more usable online viewing feature.
Mayor McIver thanked Mr. Francis for his presentation and noted his request would be considered as part of the budget.
CONSIDERATION OF AGENDA ITEMS
Clerks Department Report No. C 19-12
RE: Public Notice – Intention to dispose of Municipally-owned lands
Lot 12, Plan 3M-164, Cape Hurd Road
Roll No. 4109 680 004 00312 – PIN 33103-0046 (LT)
Moved by J. Mielhausen Resolution #05-03-2019 Seconded by M. Myles
THAT Council acknowledges that no public comments were received by the Clerk by the deadline on Monday, February 11, 2019 at 12 Noon;
AND THAT Council instructs the Clerk to proceed accordingly with the disposal of the Municipally-owned lands legally described as Lot 12, Plan 3M-164, located on Cape Hurd Road, Municipality of Northern Bruce Peninsula.
Carried
Clerks Department Report No. C 19-13
RE: Owners/Applicants:1415747 Ontario Inc. c/o Adam Robins
File No.: B-5-19.68 (Consent)
Part Farm Lot 5, Plan Bury, WBR, Part Lots 1 and 2, Plan 351, (St Edmunds), 10 Hay Bay Road
Mr. Jones explained that the easement provides the owner (or future owner) with the right to go onto the property in the future to maintain the sewer line.
Moved by J. Mielhausen Resolution #05-04-2019 Seconded by D. Myles
THAT Council supports Clerk Report C 19-13 as it relates to Consent File No. B-5-19.68 submitted by the owner of the property, 1415747 Ontario Inc., c/o Adam Robins (benefactor/Escarpment Heights Inc./16 Hay Bay Road), and legally described as Part Farm Lot 5, Plan Bury, WBR, Part Lots 1 and 2, Plan 351, (St. Edmunds), located at 10 Hay Bay Road – Assessment Roll No. 4109 680 004 09900. It is the intention of the application to establish and register an easement on the property known as 10 Hay Bay Road in order to install therein a Municipal sanitary sewer line to service 16 Hay Bay Road.;
AND FURTHER THAT the consent shall be, if granted, subject to imposition of the following conditions:
THAT a surveyor’s drawing be completed and a copy filed with the Clerk, the Registrar and two copies filed with the Approval Authority for the County of Bruce.
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].
THAT the applicant pays the applicable County of Bruce consent certification fee at the time of certification of the deeds.
THAT the Municipality provides written confirmation to the Approval Authority that the Municipal conditions as imposed herein have been fulfilled.
THAT the transfer easement, legally described as Part 1, Plan 3R-10145, shall set out the dominant lands as Part Block 5, Town Plot Bury, WBR, Part 7, Plan 3R-2485 (16 Hay Bay Road).
THAT the owner, benefactor and those parties with a vested interest in the properties (10 and 16 Hay Bay Road) are required to execute a Site Servicing Agreement with the Municipality.
Carried
Councillor Mielhausen declared a potential conflict of interest with respect to the next item on the agenda and did not participate in this portion of the meeting.
Clerks Department Report No. C 19-15
RE: Committee Appointments
Moved by D. Myles Resolution #05-05-2019 Seconded by L. Golden
THAT Council endorses the enactment of by-laws at its regular meeting on Monday, March 11, 2019 appointing the following individuals to ad hoc/advisory committees of the Municipality:
Ad Hoc Museum—Ruth Bainbridge, Judy Caulfeild-Browne, Rob Davis, Cecile Eadie, Debbie Golden Thornton, Shirley Johnstone, Terry Lee Milligan
Council Representative: Councillor Laurie (Smokey) Golden
Cemetery—Rob Davis, Sandra Duncan, Pam Loughlean, Orville Stewart
Council Representative: Councillor James Mielhausen
Chi-Cheemaun Festival—Sheila Buckingham, Dan Forbes, Laurie (Smokey) Golden, Kaleena Johnson, Don Johnstone, Tom McAfee, Vivian Wyonch
Council Representative: Deputy Mayor Debbie Myles
Multi Municipal Wind Turbine Action Group (MMWTAG)—Linda Weatherhead (citizen representative)
Council Representative: Deputy Mayor Debbie Myles and Councillor James Mielhausen – Alternate/Mayor Milt McIver
Physician Recruitment and Retention—Hanne Fynbo, James Kraemer, Pam Loughlean (representing Peninsula Family Health Team), Richard Metzak, Linda Myles-Gallinger, Robert Secco
Council Representative: Mayor Milt McIver
Municipal Investigator (Livestock Valuer)—Earl Cameron, James Mielhausen
Waste Diversion and Management Committee—Gillian Ceaser, David Ebel, David Riach, Linda Myles-Gallinger, Jacqui Wakefield
Council Representative: Councillor Megan Myles
AND THAT the Clerk be authorized to advertise for as long as necessary to secure applications for at least three (3) Fence Viewers and one (1) individual to be appointed to the Property Standards Committee.
Carried
Councillor Mielhausen resumed his participation in the meeting at this time.
Clerks Department No. C 19-16
RE: Communities in Bloom (CIB) Ontario
Membership and Participation Opportunities
Moved by M. Myles Resolution #05-06-2019 Seconded by J. Mielhausen
THAT Council receives pertinent information regarding the Communities in Bloom (CIB) Ontario program and its membership and participation opportunities which are available to the Municipality of Northern Bruce Peninsula;
AND THAT Council recognizes that the CIB program strives to improve the tidiness, appearance and visual appeal of our neighbourhoods, parks, open spaces and streets/roads through the imaginative use of flowers, plants and trees while focusing on environmental awareness and preservation of our culture and heritage resulting in an enhanced quality of life in the community;
AND THAT Council assesses whether the Municipality can garner sufficient involvement and action by its residents and, in addition, to partner with local organizations and businesses to successfully launch the program throughout Northern Bruce Peninsula.
Carried
OTHER BUSINESS
Councillor Golden stated that Shirley Johnstone had requested that the proposed severance for her property move forward. Mr. Jones said that he would contact Mr. Jack Van Dorp, Senior Planner, for an update on the consent file and advise Council accordingly.
CORRESPONDENCE
Bruce Peninsula Biosphere Association request for Financial support for Invasive Phragmites in NBP- Discussion ensued on the treatment of phragmites. Katherine McLeod provided information on phragmites, including 94 properties that require treatment.
Request to be discussed during budget deliberations and Public Works Manager to determine if NBP’s contractor can eradicate phragmites.
Grey County Federation of Agriculture- invitation to 11th Annual Politicians Meeting on Saturday March 9th- noted and filed
Township of South Frontenac- Maintaining the Voters List for Municipal Elections- noted and filed
The Corporation of the City of Brantford- 2018 Municipal Election Voters’ List Process- noted and filed
Ministry of Finance- Update on the 2019 Ontario Municipal Partnership Fund- noted and filed
Multi Municipal Wind Turbine Working Group- Agenda- February 14, 2019- noted and filed
Municipality of Neebing- Neebing Council Resolution re Conservation Land Tax Incentive Program- Circulating for your Councils consideration and endorsement (or passage of a similar resolution)
Moved by M. Myles Resolution #05-07-2019 Seconded by D. Myles
THAT the correspondence, Items #1 to #6, be received for information, as printed and circulated. Carried
Moved by L. Golden Resolution #05-08-2019 Seconded by D. Myles
THAT Council supports a resolution passed by the Municipality of Neebing (Correspondence Item #7) on February 6, 2019 in regards to the Conservation Land Tax Incentive Program. Carried
READING OF BY-LAWS
Moved by J. Mielhausen Resolution #05-09-2019 Seconded by L. Golden
THAT the following listed by-law be given 1st, 2nd and 3rd reading and enacted:
2019-11 BEING A BY-LAW TO AMEND THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA BY-LAW NO. 2002-54, AS AMENDED, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA [PART LOT 40, CONCESSION 4, EBR, PART 3, PLAN 3R-3226, (EASTNOR) – 87 CAUDLE SIDEROAD]
2019-13 BEING A BY-LAW TO AMEND THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA BY-LAW NO. 2002-54, AS AMENDED, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA [PART FARM LOT 4, WEST SIDE BURY ROAD, PLAN BURY AS IN R379962, (ST. EDMUNDS) – 17 HAY BAY ROAD]
2019-16 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA HELD TUESDAY, FEBRUARY 19, 2019 Carried
Mayor McIver advised that Council was moving into Closed Session pursuant to Section 239(2) of The Municipal Act, 2001, S.O 2001, as amended, for the following reasons: f) advice that is subject to solicitor-client privilege including communications necessary for that purpose, and e) litigation or potential litigation including matters before administrative tribunals affecting the Municipality or local board [(Lots 28 and 29, Plan 381 (St. Edmunds)]
CLOSED SESSION
Moved by D. Myles Resolution #05-10-2019 Seconded by L. Golden
THAT Council move into closed meeting at 3:03 p.m. pursuant to Section 239 of The Municipal Act, 2001, as amended, for the following reasons: f) advice that is subject to solicitor-client privilege including communications necessary for that purpose, and e)litigation or potential litigation including matters before administrative tribunals affecting the Municipality or local board [(Lots 28 and 29, Plan 381 (St. Edmunds)] Carried
RECONVENE FROM “CLOSED SESSION” TO RESUME COUNCIL MEETING
Moved by L. Mielhausen Resolution #05-11-2019 Seconded by L. Golden
THAT Council reconvenes from Closed Session and resumes the Council meeting at 3:10 p.m.
Carried
Mayor McIver read the following resolution:
Moved by M. Myles Resolution #05-12-2019 Seconded by J. Mielhausen
THAT Council supports the revocation of Deeming By-law No. 1988-14 [Lots 28, 29, Plan 381, 21 and 23 Johns Lane, (St. Edmunds)] and instructs staff to proceed with this matter in accordance with the Municipality’s Public Notice By-law. Carried
Moved by L. Golden Resolution #05-13-2019 Seconded by D. Myles
THAT the meeting adjourns at 3:14 p.m.
Carried