Municipality Of Northern Bruce Peninsula Council Meeting Minutes March 25, 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: Linda Sober, SAAR Environmental, Susan Schrempf, Owen Sound Transportation Company (OSTC)
DISCLOSURE OF PECUNIARY INTEREST
Mayor McIver called the meeting to order at 1:00 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 D. Myles Resolution #09-01-2019 Seconded by L. Golden
THAT the content of the agenda be approved as presented.
Carried
ADOPTION OF THE MINUTES
Re: Special Council Meeting No. 19-06, March 11, 2019; Council Meeting No. 19-07, March 11, 2019 and Special Council Meeting No. 19-08, March 13, 2019
Moved by J. Mielhausen Resolution #09-02-2019 Seconded by L. Golden
THAT the minutes of Special Council Meeting No. 19-06, March 11, 2019; Council Meeting No. 19-07, March 11, 2019 and Special Council Meeting No. 19-08, March 13, 2019 be approved as amended.
Carried
The following amendments were requested by Council:
1) Special Council Meeting No. 19-06, March 11, 2019—add “for next year”
2) Regular Council Meeting No. 19-07, March 11, 2019—Page 2, clarify whether Mrs., Miss or Ms., and Page 10, remove Vicki Ly as she was not present
3) Regular Council Meeting No. 19-08, March 13, 2019—Page 2, “Payment in lieu of Parkland”, remove first sentence and replace with, “Council discussed conservation lands in the Municipality and the potential increase in tax dollars if those lands were to be developed”.
PUBLIC MEETING
Treasury Department Report No. TR 19-10
RE: 2019 Budget- Draft #3
Several items were addressed by Council and the public as follows:
increase in Community Development figures: from $42,000.00 2018 Actual to $269,850 2019 Budget
increase in operating expenses from $2.4 million in 2018 to $3.4 million in 2019
the Treasurer provided explanations and indicated that staff will look into this for possible separation/clarification in the 2020 budget
pursue revenue opportunities for lands where taxation is not collected by the Municipality
Moved by J. Mielhausen Resolution #09-03-2019 Seconded by L. Golden
THAT Council approves Draft #3 of the 2019 Municipal Budget and directs the Treasurer to prepare the implementing tax rate by-law.
Carried
DELEGATION
Delegation#1- Linda Sober- SAAR Environmental
RE: executive summaries for the environmental impact studies completed at 12 Brock Street and 22 Hay Bay Road, Tobermory
Ms. Sober addressed the 22 Hay Bay Road property first. She advised Council that her approach combined the results of three adjacent parking lot applications (approximately 200 acres) and the preferred cluster-style parking lot option encompasses sections of all three parking lot applications in a cumulative effects approach. She recommended a 2 to 5 year monitoring interval cumulative effects analysis. Her comprehensive overview addressed environmentally sensitive areas (three season window), varying levels of mitigation and included development constraint where ecological features/functions are rare and/or culturally significant to Saugeen Ojibway Nation (SON), the Provincial Policy Statement, local and County planning documents, and the Planning Act. She recommended a 2 to 5 year monitoring interval if the proposal goes fallow.
Ms. Sober then spoke to the EIS undertaken for the lands at 12 Brock Street. She noted that this study was undertaken for the purpose of surveying wildlife over three seasons, determining the constraints and opportunities, assessing the potential environmental impact to natural heritage for a proposed Municipal parking lot use and providing recommendations consistent with environmental policy in keeping with all applicable law. She advised Council that a combination of limited parking spaces on the existing commercially-zoned lands together with areas where moderate habitat sharing for recreational land should be contemplated. She stated that, in doing so, EMB structural habitat would be retained and setback.
Ms. Sober expressed the importance of addressing the intent of balance as set out in the Provincial Policy Statement, natural heritage policies, local and County Official Plans as well as traditional expressed cultural mores of SON. She advised that SON was consulted both formally and by invitation to the subject lands under review. She noted that SON attended the adjacent parcels as well in an effort to study the broader area using a landscape approach to better assess potential cumulative effects of multiple planning applications. She indicated that SON has expressed its wish for even broader landscapes to be considered.
Council thanked Ms. Sober for the very informative presentation.
Delegation #2- Owen Sound Transportation Company
RE: request for exemption from By-law No. 2017-19 with relevance to RVs and overnight parking from June 14 to September 4, 2019
Ms. Schrempf then appeared before Council to request an exception to the Tent and Trailer By-law as follows:
permit overnight parking/dry camping of fully enclosed campers (excluding tent trailers) at 8 Eliza Street (ferry terminal docking area) from June 14 to September 4, 2019 on a trial basis only.
She outlined OSTC’s reasoning for the request, namely, improved traffic flow and safety on Highway 6, shifting recreational vehicles to under utilized daily sailings (namely, 7:00 a.m.). She stated that the terminal washrooms will remain open, no barbecuing, etc. will be permitted and sailing fees will be discounted. It was noted that there is no OSTC staff on duty between midnight and 5:00 a.m. She estimated that as many as 6-10 recreational vehicles could be accommodated.
Ms. Schrempf was thanked for her presentation and the Mayor advised that a Staff Report will be presented at an upcoming Council meeting.
CONSIDERATION OF AGENDA ITEMS
Public Works Department Report No. PW 19-05
RE: Waste Management Program Update
Considerable discussion ensued with respect to the Public Works Manager’s Report PW 19-05 as well as a “missed collection summary report” emailed to Council under separate cover and the following resolution was then presented:
Moved by M. Myles Resolution #09-04-2019 Seconded by D. Myles
THAT Council receives Public Works Department Report PW 19-05 as information as it relates to a Waste Management Program update;
AND THAT Council authorizes Staff to negotiate with Waste Management of Canada Corporation for a two-year extension of its Curbside Waste and Recycling Collection and Waste and Recycling Containers Contracts. Carried
Public Works Department Report No. PW 19-06
RE: Waste Disposal Sites’ Hours of Operation
Based on Council discussion, the Public Works Manager was requested to bring back a further report to the next meeting of Council regarding waste disposal site hours of operation.
Moved by M. Myles Resolution #09-05-2019 Seconded by J. Mielhausen
THAT Council receives Public Works Department Report PW 19-06 as it relates to the Municipality’s Waste Disposal Sites’ Hours of Operation; Carried
Public Works Department Report No. PW 19-08
RE: 2018 Annual Monitoring Reports for the Waste Disposal Sites
Moved by D. Myles Resolution #09-06-2019 Seconded by L. Golden
THAT Council receives the 2018 Annual Monitoring Reports for the Eastnor, Lindsay and St. Edmunds Waste Disposal Sites;
AND THAT Council supports the recommendations provided by GM BluePlan Engineering Limited as contained within each of the Annual Monitoring Reports. Carried
Public Works Department Report No. PW 19-09
RE: 2018 Lion’s Head Drinking Water System Summary Report
Moved by J. Mielhausen Resolution #09-07-2019 Seconded by M. Myles
THAT Council receives Public Works Department Report PW 19-09 as it relates to the 2018 Lion’s Head Drinking Water System Summary Report;
AND THAT Council directs Staff to place a notice in the Municipal Ad in the Bruce Peninsula Press indicating that the Summary Report is available for viewing at the Municipal Office;
AND THAT Council directs Staff to notify Ontario Clean Water Agency (OCWA) that Council has accepted the Schedule 22 Summary Report and post this Resolution of Acceptance on the Municipal Website. Carried
Facilities Supervisor Report No. FS 19-01
RE: Tobermory Tennis Court Information
Moved by D. Myles Resolution #09-08-2019 Seconded by L. Golden
THAT Council receives Facilities Supervisor Report FS 19-01 as information as it relates to the repairs and replacement of the existing tennis court in Tobermory;
AND THAT Council supports changing the 2019 budget to allocate a total of $27,400.00 to complete upgrades to the Tobermory Tennis Court. Carried
Treasury Department Report No. TR 19-11
RE: 2019 OMPF Allocation Notice
Moved by M. Myles Resolution #09-09-2019 Seconded by D. Myles
That Council receives Treasurer’s Report TR19-11 as information regarding the Ontario Municipal Partnership Fund (OMPF) allocation for 2019. Carried
Treasury Department Report No. TR 19-12
RE: 2018 Council Remuneration
Moved by D. Myles Resolution #09-10-2019 Seconded by M. Myles
That Council receives Treasurer’s Report TR19-12 as information regarding Council Remuneration for 2018. Carried
Clerks Department Report No. C 19-22
RE: Niagara Escarpment Commission
Request for Comments
NEC File No. B/R/2017-2018/9228
Related File Nos. B/T/06/07/9015, NEPA 162, B/R/2014/2015/9081,
B/T/2006-2007/9015
Applicant: Kenneth Robert Campbell
Agent: Leroy D. Dirckx
Owner: Janet Stewart
Part Lot 9, Concession 14, EBR, Parts 1 and 2, Plan 3R-728, (Eastnor)
No civic address
Assessment Roll Nos. 620-9-12777 and 620-9-12780
Moved by J. Mielhausen Resolution #09-11-2019 Seconded by L. Golden
THAT Council directs staff to submit to the Niagara Escarpment Commission, the Municipality’s position to not support the Development Permit application submitted by the applicant, Kenneth Robert Campbell, and the agent, Leroy D. Dirckx, on behalf of the owner, Janet Stewart, for property known as Part Lot 9, Concession 14, EBR, Parts 1 and 2, Plan 3R-728, (Eastnor), Municipality of Northern Bruce Peninsula and situated without frontage on a publicly assumed and maintained Municipal road.
AND THAT Council acknowledges that the development proposes:
the construction of a 2 storey, 1,423 square foot dwelling with a maximum height of 26.25 feet
installation of roof-mounted solar collectors
installation of a private sewage disposal system
construction of a 592 square foot cantilevered deck
construction of a 480 square foot accessory building (detached garage)
installation of above ground hydro from Hunter Court (formerly Georgian Drive) to the northern boundary of Lot 8, Concession 14, EBR, (Eastnor) and then an underground service to the proposed dwelling
construction of a private 20 foot wide driveway approximately 1,476 feet in length from the terminus of Hunter Court (formerly Georgian Drive) across a lot owned by Warren Stewart which the applicant intends to purchase an interest and then following what is described as an existing access road to the subject property
installation of a gated entrance near the frontage of Mr. Stewart’s land wit Hunter Court (formerly Georgian Drive). Carried
Chief Administrative Officer Report No. CAO 19-08
RE: 2018 Paid Parking Update
The Deputy Mayor requested that a breakdown of the $68,000.00 to the Parks and Facilities Department be provided and Councillor Golden concurred with this request. The Chief Administrative Officer (CAO) confirmed that the Facilities Supervisor would provide such a document at the next meeting.
Moved by D. Myles Resolution #09-12-2019 Seconded by L. Golden
THAT Council receives CAO Report No. CAO 19-08 regarding a breakdown of the 2018 paid parking program, as information. Carried
Chief Administrative Officer Report No. CAO 19-07
RE: Barrow Bay Property Owners’ Association (BBPOA)- Breakwall Project
Moved by J. Mielhausen Resolution #09-13-2019 Seconded by M. Myles
THAT Council receives CAO Report No. 19-07, regarding the Barrow Bay Property Owners’ Association (BBPOA) channel/breakwall project;
AND THAT Council supports the project in principle only;
AND THAT Council will not allocate any financial commitment in the 2019 budget year. Carried
Chief Administrative Officer Report No. CAO 19-09
RE: “MNR House”, 602 Ira Lake Road
[Part Lot 19, Concession 2, WBR, (Lindsay)]
Assessment Roll No. 4109 660 001 06501
Moved by M. Myles Resolution #09-14-2019 Seconded by D. Myles
THAT Council receives CAO Report 19-09 regarding the MNR House located at 602 Ira Lake Road;
AND FURTHER THAT Council requested that the Chief Administrative Officer (CAO) obtain further information for its consideration in the form of a report at an upcoming meeting. Carried
OTHER BUSINESS
Councillor Mielhausen introduced a Notice of Motion which will be tabled at the regular Council meeting on Monday, April 8, 2019 as it relates to proposed amendments to Sections 6.5.3.3 and 6.5.3.4 of the Bruce County Official Plan.
Councillor Golden introduced a Notice of Motion which will be tabled at the regular Council meeting on Monday, April 8, 2019 proposing that the Municipality endorse the removal of the restrictive ATV use on Highway 6 from Dyers Bay Road to Tobermory.
CORRESPONDENCE
Moved by J. Mielhausen Resolution #09-15-2019 Seconded by M. Myles
THAT the correspondence items #1-7 and 9-15 be received for information, as printed and circulated.
Carried
Robert Hiscott- Sidewalk Extension Request on the east side of Main Street in Lion’s Head between Hayes Drive and County Road 9 – refer to Public Works Department
Dan Cassel- requests regarding the June 22, 2019 charity ride to benefit the Bruce Peninsula Schools breakfast clubs – Facilities Supervisor to send letter requesting that Mr. Cassel submit a 2020 Community Funding Grant request on the proviso from statistical financial data from the 2019 event will be available to Council for consideration in 2020
Cam Clark-concern with short-term rentals, specifically 66 Moore Street – Chief Administrative Officer (CAO) to acknowledge receipt to Mr. Clark
Lorraine Campbell- proposed Arts and Crafts Festival and Music on August 3, 2019 at the Tobermory Meeting Place – Council in support
AMO Communications- 2019 Ontario Municipal Partnership Fund Allocations Announced – noted and filed
AMO Communications- AMO Policy Update- Rural and Northern Infrastructure Projects- Intake Announced and will open for eight weeks – noted and filed
Minister of Infrastructure- Message from the Minister of Infrastructure- regarding Canada Infrastructure Program (ICIP) – noted and filed
Stellina Williams- Nuclear Industry Regional Liaison Committee-invitation for Members. The following resolution was presented:
Moved by J. Mielhausen Resolution #09-16-2019 Seconded by M. Myles
THAT, with regard to Correspondence Item #8, Council directs that Bill Jones, Chief Administrative Officer (CAO) and Councillor Megan Myles be appointed as members of the Regional Liaison Committee supporting the Nuclear Economic Development and Innovation Initiative.
Carried
Ministry of Agriculture, Food and Rural Affairs-invitation to Community Economic Development 101 Workshop for Municipal Councillors and Volunteers
The Economic Development Department of the County of Middlesex- invitation to Teeny Tiny Summit- April 10, 2019
Bruce County- Media Release- Bruce County Council Approves 2019 Budget
Bruce County- Media Release- Bruce County and Saugeen First Nation form a partnership to advance Hydrogen Technologies
Bruce County- Media Release- Bruce County signs landmark forestry partnership agreement with Bluesource Canada for the registration and sale of carbon offset credits
Town of Newmarket- letter concerning the Council resolution regarding Bill 66 Restoring Ontario’s Competitiveness Act, 2018
Steve Clark- MMAH- One-time Payment Supporting Small and Rural Municipalities
READING OF BY-LAWS
Moved by D. Myles Resolution #09-17-2019 Seconded by L. Golden
THAT the following listed by-law be given 1st, 2nd and 3rd reading and enacted:
2019-28 A BY-LAW TO REGULATE AND CONTROL THE MOVEMENT AND TIME OF MOVEMENT OF OFF ROAD VEHICLES [ALSO KNOWN AS A.T.V. (S)] ON ANY HIGHWAYS OR ROAD ALLOWANCES UNDER THE CONTROL OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA
2019-37 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA HELD MONDAY, MARCH 25, 2019
Carried
CLOSED SESSION
There is no Closed Session for Council Meeting No. 19-09, March 25, 2019.
RECONVENE FROM “CLOSED SESSION” TO RESUME COUNCIL MEETING
There is no Closed Session for Council Meeting No. 19-09, March 25, 2019.
ADJOURNMENT
Moved by L. Golden Resolution #09-18-2019 Seconded by D. Myles
THAT the meeting adjourns at 4:49 p.m.
Carried