Municipality of Northern Bruce Peninsula Council Meeting Minutes April 8, 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: Joe Richardson, Genevieve Scott, Jack Van Dorp, Bruce County Planning
DISCLOSURE OF PECUNIARY INTEREST
Mayor McIver called the meeting to order at 1:11 p.m. and Council members were reminded to disclose any pecuniary interest and general nature thereof that may arise during the course of the meeting.
APPROVAL OF THE AGENDA
Moved by L. Golden Resolution #10-01-2019 Seconded by J. Mielhausen
THAT the content of the agenda be approved as presented.
Carried
ADOPTION OF THE MINUTES
Re: Council Meeting No. 19-09, March 25, 2019
Moved by D.Myles Resolution #10-02-2019 Seconded by L. Golden
THAT the minutes of Council Meeting No. 19-09, March 25, 2019 be approved as printed and circulated.
Carried
PUBLIC MEETING
There is no Public Meeting for Council Meeting No. 19-10, April 8, 2019.
DELEGATION
Delegation #1- Joe Richardson
RE: Lion’s Head Vacation Properties- provide description of his business, involvement in Lion’s Head and history of land use of subject lands
Mr. Richardson appeared before Council and read aloud his delegation summary relating to 2, 4, 8 McNeil Street and 3 Sylvia Street properties and noted that these are not true lots of record. He indicated that he had hired Cuesta Planning Consultants to act on behalf of Lion’s Head Vacation Properties. He stated that he wants a smooth transition and hopes that this is coming forward shortly.
Delegation #2- Genevieve Scott
RE: Lion’s Head Vacation Properties- overview of the proposal and pre submission consultation to date as well as our concerns related to additional servicing requirements outlined in planning staff comments
Ms. Scott advised that Cuesta Planning Consultants has been retained by Mr. Richardson for the purpose of five (5) consents and rezoning. She noted that the properties were accidentally merged on title, the property area is 1.92 acres and provided an overview of the existing structures. She indicated that pre-submission consultation had taken place with the County; however, that recently additional requirements, such as archaeological, phosphorus impact and attenuation servicing, are now being proposed by the County Planning Department.
CONSIDERATION OF AGENDA ITEMS

1 Notice of Motion- Councillor James Mielhausen
RE: requesting consideration of amendments to the Bruce County Official Plan
Moved by D. Myles Resolution #10-03-2019 Seconded by M. Myles
Councillor James Mielhausen is requesting consideration of amendments to the Bruce County Official Plan.
Firstly, Bruce County Official Plan 6.5.3.3 Consents – Agricultural Areas currently states:
.1 In no instance shall an original Crown surveyed lot be divided into more than two (2) parcels including the retained portion. For the purposes of this section, any original Crown surveyed lot severed for the purposes of a school or church prior to 1995, road widening or similar public purpose, or minor lot line adjustments shall be deemed to be an original Crown surveyed lot.
Councillor Mielhausen requests Council’s support in seeking an amendment to the
Bruce County Official Plan, as part of their Official Plan review process, to amend Section 6.5.3.3 regarding maximum number of “Agricultural” consents to read, “Agricultural “consents” should not be limited to a maximum number of two (2) farm lots, but consents should be considered based on “soils classification”, non-workable areas (forested lands), meeting minimum rural building lot sizes, required frontages, setbacks and applicable policies.”
Secondly, Bruce County Official Plan – 6.5.3.4 Consents – Rural Areas currently states:
.1 Original Crown surveyed lot may be subdivided into either:
i) Two (2) Farm Lots, including the retained lot, each generally 20 hectares in total lot area in accordance with Section 6.5.3.4.3 [Agricultural Uses (Farm Lots)]; or ii) Three (3) Non-Farm Lots or Non-Farm Residential Lots, including the retained lot, in accordance with Section 6.5.3.4.4 Non-Farm Lots/Non-Farm Residential Lots. In no instance shall an original Crown surveyed lot be subdivided into more than three lots.
.2 For the purposes of this section, any original Crown surveyed lot severed for the purposes of a school or church prior to 1995, road widening or similar public purpose, or minor lot line adjustments shall be deemed to be an original Crown surveyed lot.
Thirdly, Councillor Mielhausen requests Council’s support in seeking an amendment to the Bruce County Official Plan, as part of their Official Plan review process, to amend Section 6.5.3.4 regarding the maximum number of “Rural” consents to read: “Original Crown surveyed lot “consents” should not be limited to a maximum number of two (2) farm lots and three (3) non-farm lots, but consents should be considered based on:
1 Farm Lots – “soils classification” & non-workable areas (forested lands), meeting minimum rural building lot sizes, required frontages, setbacks and applicable policies.
2 Non-Farm lots – meeting minimum rural building lot sizes, required frontages, setbacks and applicable policies.
Carried
Notice of Motion- Councillor Laurie Golden
RE: request to advise Parks Canada that the MNBP supports a 12 month pilot project which endorses the removal of the restrictive ATV use on the Highway 6 corridor from Dyers Bay Road to Tobermory
Moved by J. Mielhausen Resolution #10-04-2019 Seconded by L. Golden
THAT Council advises Parks Canada that the Municipality of Northern Bruce Peninsula supports a twelve (12) month pilot project which endorses the removal of the restrictive ATV use on the Highway 6 corridor from Dyers Bay Road to Tobermory.
Carried
Planning Report- Jack Van Dorp
RE: Chronology of Application- B-84-16.68 Johnstone c/o Cuesta
Mr. Van Dorp advised Council that, in order to render a decision in this consent matter, the owner and/or her agent must confirm that the condition(s) are not being contested or request a delegation to the Bruce County Land Division Committee to contest a condition(s) following which the Land Division Committee will hand down a decision.
Moved by J. Mielhausen Resolution #10-05-2019 Seconded by M. Myles
THAT Council receives Planning Report dated April 8, 2019 regarding a chronological record of consent to sever land application, Johnstone c/o Cuesta B-84-16.68, as per a request from Council at the March 11, 2019 council meeting.
Carried
Public Works Department Report No. PW 19-11
RE: 2018/2019 Lion’s Head Drinking Water System Inspection Report
Moved by M. Myles Resolution #10-06-2019 Seconded by J. Mielhausen
THAT Council receives, reviews and discusses Public Works Department Report PW 19-11 as it relates to the Annual Inspection Report for the Lion’s Head Drinking Water System, as conducted and prepared by the Ministry of the Environment and Climate Change (MOECC);
AND THAT Council directs Staff to advise the system users, through the Website and Municipal Ad in The Bruce Peninsula Press that the Inspection Report is available for viewing at the Municipal Office.
Carried
Public Works Department Report No. PW 19-12
RE: Tender PW 2019-01 – Supply and Application of 5/8” Granular “A”
Moved by D. Myles Resolution #10-07-2019 Seconded by L. Golden
THAT Council pending discussions and comments from today’s reviews, awards the 5/8” Granular “A” Tender to Harold Sutherland Construction Ltd. in the amount of $311,202.00, excluding HST.
Carried
Public Works Department Report No. PW 19-13
RE: Tender PW 2019-02 – Surface Treatment
Moved by J. Mielhausen Resolution #10-08-2019 Seconded by M. Myles
THAT Council, pending discussions and comments from today’s review, awards the Surface Treatment Tender to Duncor Enterprises Inc. for the amount of $406,080.00, excluding HST.
Carried
Public Works Department Report No. PW 19-15
RE: Tobermory Sewage Treatment System 2018 Annual Performance Report
Moved by L. Golden Resolution #10-09-2019 Seconded by D. Myles
THAT Council receives Public Works Department Report PW 19-15 as information as it relates to the 2018 Annual Performance Report for the Tobermory Sewage Treatment System;
AND THAT Council directs Staff to place a notice in the Municipal Ad in the Bruce Peninsula Press indicating that the Annual Report is available for viewing at the Municipal Office.
Carried
Public Works Department Report No. PW 19-16
RE: Waste Disposal Sites’ Hours of Operation Referred from March 25, 2019 Council Meeting
Moved by L. Golden Resolution #10-10-2019 Seconded by D. Myles
THAT Council receives Public Works Department Report PW 19-16 as it relates to the Municipality’s Waste Disposal Sites’ Hours of Operation;
AND THAT Council adopts the revised Waste Disposal Sites’ Hours of Operation in accordance with Option Two (summer schedule only – April 1 to October 31) commencing May 1, 2019 excepting that the daily hours of operation at all sites will be 9:00 a.m. to 5:00 p.m.;
AND THAT the Waste Disposal Site Hours of Operation shall remain status quo for the winter schedule.
Carried
Fire Department Report No. FC 19-05
RE: Quarterly Information and Updates for January, February, and March, 2019
Moved by L. Golden Resolution #10-11-2019 Seconded by M. Myles
THAT Council receives the Fire Chief’s Report FC 19-05, Fire Department quarterly information and updates for January, February and March, 2019.
Carried
Municipal Law Enforcement Officer Report No. MLEO 19-05
RE: Data obtained for Short Term Accommodations (STA) within the Municipality
Moved by L. Golden Resolution #10-12-2019 Seconded by M. Myles
THAT Council receives MLEO Report 19-05 as information on data obtained for Short Term Rental Accommodations (STA) within the Municipality.
Carried
Building Department Report No. BD 19-04
RE: March 2019 Building Report
Moved by M. Myles Resolution #10-13-2019 Seconded by L. Golden
THAT Council receives Chief Building Official Report No. BD 19-04, relating to the March 2019 Building Report, as information.
Carried
Building Department Report No. BD 19-05
RE: Canadian Radiocommunications Information and Notification Service (CRINS) – Land Use Authority Recommendation Report – 3088 Bruce Rd 9, Lion’s Head – Proposed 45m Monopole (Antenna System)
Moved by M. Myles Resolution #10-14-2019 Seconded by L. Golden
THAT Council receives Building Department Report BD-05 as information relating to the Land Use Authority (LUA) Recommendation Report for Rogers Communications, Inc. Site C6589 – 3088 Bruce Rd. 9, Lion’s Head to install a proposed 45m monopole (antenna system).
Carried
Facilities Supervisor Report No. FS 19-02
RE: Parks & Recreation Revenue -Transfer from Bylaw
Moved by D. Myles Resolution #10-15-2019 Seconded by J. Mielhausen
THAT Council receives Facilities Department Report FS 19-02 as it relates to the transfer of funds, ($68,000.00 in 2018) from Bylaw Department – Expense, to Parks & Recreation – Revenue, as information.
Carried
Treasury Department Report No. TR 19-13
RE: 2019 Exempt Properties
Moved by L. Golden Resolution #10-16-2019 Seconded by M. Myles
That Council receives Treasurer’s Report TR19-13 as information regarding the assessment on properties that are exempt from taxation.
Carried
Clerks Department Report No. C 19-23
RE: By-law No. 2019-37 – Establishment of a Policy for Accountability and Transparency (intended to repeal By-law No. 2008-02)
Moved by J. Mielhausen Resolution #10-17-2019 Seconded by D. Myles
THAT Council supports the enhancement of its Accountability and Transparency Policy under the authority of Section 270 of the Municipal Act 2001, S.O. 2001, c. 25, as amended;
AND THAT Council will give consideration to passage of By-law No. 2019-37, being a by-law to establish a policy for accountability and transparency for the Municipality of Northern Bruce Peninsula, at its regular meeting on Monday, May 27, 2019.
Carried
Clerks Department Report No. C 19-24
RE: Lift Holding (H) Zone
William J. Francis
Lot 33, Town Plot Bury, Water W/S, (St. Edmunds)
Bay Street South
Assessment Roll No. 4109 680 005 24500
PIN 33101-0149 (LT)
Moved by M. Myles Resolution #10-18-2019 Seconded by J. Mielhausen
THAT Council supports the removal of the Holding “H” zone requested by William J. Francis, owner of the property legally described as Lot 33, Town Plot Bury, Water W/S, (St. Edmunds) and located on Bay Street South, Municipality of Northern Bruce Peninsula;
THAT Council will consider entertaining the passage of By-law No. 2019-38, being a by-law to lift the Holding “H” zone symbol, at its regular Council meeting on Monday, May 13, 2019.
Carried
Clerks Department Report No. C 19-25
RE: Appointment of Municipal Law Enforcement Officers
Moved by L. Golden Resolution #10-19-2019 Seconded by D. Myles
THAT Council approves the appointment of Municipal Staff as Municipal Law Enforcement Officers for the Municipality of Northern Bruce Peninsula as follows:
By-law Department: Carol Hopkins, Tim Ainslie
Building Department: Wendy Elliott, Kelly McCorkell
Public Works Department: Jeff Mielhausen
Fire Department: Wilfred Barnes, Brian Finger, Dan Forbes, Brent Baker, Krista Tiernan
THAT Council will consider the passage of By-law No. 2019-39 appointing said individuals as Municipal Law Enforcement Officers at its regular meeting on Monday, May 13, 2019.
Carried
Chief Administrative Officer Report No. CAO 19-10
RE: Chi-Cheemaun Camping Request
Moved by L. Golden Resolution #10-20-2019 Seconded by J. Mielhausen
THAT Council receives CAO Report No. 19-10, as information;
AND THAT Council approves the request from the Owen Sound Transportation Company (OSTC) dated March 25, 2019 to permit overnight (dry) camping at its terminal parking lot in Tobermory subject to the following conditions:
approval is given on a trial basis only (June 14 to September 4, 2019)
ensure that washroom facilities within the Terminal Building are open 24/7 from June 14 to September 4, 2019
ensure that the OSTC property and premises are staffed 24/7 from June 14 to September 4, 2019
ensure that additional refuse containers are placed on the OSTC property
the maximum number of fully enclosed campers (excluding tent campers) permitted according to this specific request is ten (10)
Carried
Occupational Health and Safety Minutes- No. 19-01- March 26, 2019
Moved by D. Myles Resolution #10-21-2019 Seconded by M. Myles
THAT Council does hereby adopt the Occupational Health and Safety Committee minutes dated March 26, 2019 and approves all actions contained therein.
Carried
Accounts Payable Voucher
RE: March 2019
Moved by L. Golden Resolution #10-22-2019 Seconded by J. Mielhausen
THAT Council receives approved Accounts Payable Voucher, March 2019, in the amount of $2,909,687.60.
Carried
OTHER BUSINESS
In response to BD 19-05 (proposed 45m antenna at 3088 Bruce Road 9), Chief Building Official, Wendy Elliott, advised that the circulation to adjacent properties is either 120m or 3X the height of the proposed antenna.
Councillor Golden advised that she had recently attended the Safe Communities meeting and reported as follows:
hash marks will be placed on the highway both north and south of Ferndale and at Tobermory
proposing to extend the Community Safety Zone in Ferndale to north of the Public Works building
proposing to employ an automated speed enforcement system at Ferndale as a pilot project when approved
Safety Message has been distributed throughout the community
More OPP staff will be deployed for the summer and long weekends
Operation Lookout signs have been provided to the Public Works Department
Aircraft patrols of Highway 6 (north/south) will occur on two (2) occasions
Councillor Myles advised that she attended the Bruce Peninsula Youth Coalition this morning which is an initiative to support young people by keeping them safe and engaged.
Deputy Mayor Myles recommended that the Municipal World magazine, Pages 35-36 contains a great read for Council and Staff.
Councillor Golden mentioned a “walkabout” in Tobermory in the public space at the head of the harbour on Tuesday night (9APR19).
CORRESPONDENCE
Dominik Franken- Request for a small outdoor performance stage to be placed in Lion’s Head (Rotary Hall) – referred to the Facilities Supervisor to obtain additional informational which will be reported back to Council for consideration
Grey Bruce Pride- Grey Bruce Pride invites you to fly the pride flag during two weeks in June – support to raise the Pride flag
Sources of Knowledge Forum Board- Using the Federation of Canadian Municipalities’ Stronger Together Toolkit- Request to Develop a Relationship with Chippewas of Nawash First Nation – the CAO noted that this correspondence will be kept on file until an appropriate time has been found to enter discussions with Chippewas of Nawash
Ron and Diane Knight- Winter Maintenance Trial Basis 2018-2019- request for Hawthorne Drive to be added to the list of winter-maintained roads permanently – referred to Public Works Department
Bruce Peninsula Biosphere Association- request for the Municipality to provide the remaining dedicated budget funding to the BPBA to cover staff costs needed for mechanical control of the 70 flooded sites – see Resolution #10-24-2019
Michael Tibollo- Minister- thank you for sharing your thoughts and plans with me at the 2019 ROMA Conference – noted and filed
Bruce County- Media Release- Bruce GPS, Unique Opportunity to impact the future of Bruce County -noted and filed
Grey County Tourism, Bruce County Economic Development- invitation to the 2019 Grey Bruce Brochure Swap at Cobble Beach Resort- May 8, 2019 – noted and filed
Jessie Fullerton- Bruce GPS- take the survey and be entered into a draw for a Bruce County prize package – noted and filed
Nuclear Innovation Institute- Nuclear Innovation Institute hosts a Skilled Trades Forum to engage region on how we can work together to increase the supply of skilled trades – noted and filed
Stewardship Ontario- Industry funding for Municipal Blue Box Recycling for the fourth quarter of the 2018 Program Year – noted and filed
AMO Communications- Resource to Improve Service Delivery and Efficiency – noted and filed
The Federal Gas Tax Fund- eligible projects include investments in infrastructure for construction, renewal or material enhancement in each of the following categories – noted and filed
AMO Communications- AMO Policy Update- Federal Budget 2019- Progress for Municipal Government Priorities – noted and filed
Source Protection Committee Minutes- November 28, 2018- #78 – noted and filed
Multi-Municipal Wind Turbine Working Group- Cancellation of MMWTWG meeting on April 11, 2019- next meeting May 16, 2019 – noted and filed
Moved by L. Golden Resolution #10-23-2019 Seconded by D. Myles
THAT the correspondence, Items #1 to #4 and #6 to #16, be received for information, as printed and circulated.
Carried
Moved by L. Golden Resolution #10-24-2019 Seconded by J. Mielhausen
THAT Council endorses its originally supported 2019 budget allocation of Five Thousand ($5,000.00) Dollars to the Bruce Peninsula Biosphere Association as it relates to phragmites control.
Carried
READING OF BY-LAWS
Moved by M. Myles Resolution #10-25-2019 Seconded by L. Golden
THAT the following listed by-law be given 1st, 2nd and 3rd reading and enacted:

2019-17 BEING A BY-LAW TO REGULATE THE SETTING OF OPEN-AIR FIRES WITHIN THE CORPORATION OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA
2019-35 BEING A BY-LAW TO AUTHORIZE A LEASE AGREEMENT WITH BLUE HERON TOURS (BHT) AND THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA
2019-41 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA HELD MONDAY, APRIL 8, 2019 Carried
CLOSED SESSION There is no Closed Session for Council Meeting No. 19-01, April 8, 2019.
RECONVENE FROM “CLOSED SESSION” TO RESUME COUNCIL MEETING
There is no Closed Session for Council Meeting No. 19-01, April 8, 2019.
ADJOURNMENT
Moved by D. Myles Resolution #10-26-2019 Seconded by J. Mielhausen
THAT the meeting adjourns at 3:14 p.m.
Carried