Municipality Of Northern Bruce Peninsula Council Meeting Minutes April 23, 2019

433

MEMBERS PRESENT: Mayor Milt McIver, Deputy Mayor Debbie Myles, Councillor Laurie (Smokey) Golden, Councillor James Mielhausen, Councillor Megan Myles
STAFF PRESENT: Bill Jones, Chief Administrative Officer, Mary Lynn Standen, Clerk, Tessa Townson, Administrative Assistant, Cathy Addison, Deputy Clerk, Troy Cameron, Public Works Manager, Wilf Barnes, Fire Chief , Marshall Tigert, Facilities Supervisor, Wendy Elliott, Chief Building Official
OTHERS PRESENT: Harold Elston, Integrity Commissioner, Leroy Dirckx
DISCLOSURE OF PECUNIARY INTEREST
Mayor McIver called the meeting to order at 1:40 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.
Councillor Myles declared a conflict of interest in respect to Agenda Item #15, Short Term Accommodations, Chief Administrative Officer Report No. CAO 19-12 by stating that she owns a hostel in Municipality.
APPROVAL OF THE AGENDA
Moved by L. Golden Resolution #12-01-2019 Seconded by D. Myles
THAT the content of the agenda be approved as presented.
Carried
ADOPTION OF THE MINUTES
Re: Council Meeting No. 19-10, April 8, 2019 and Special Council Meeting No. 19-11, April 15, 2019
Councillor Myles requested that on page 8, paragraph 2, of Council Meeting Minutes No. 19-10, April 8, 2019 it be amended to read “Youth Coalition” not “Student Coalition”.
Councillor Golden requested that on page 8, paragraph 4, of Council Meeting Minutes No. 19-10, April 8, 2019 it be amended to read “Councillor Golden mentioned a “walkabout” in Tobermory in the public space at the head of the harbour on Tuesday night (9APR10).”
Moved by M. Myles Resolution #12-02-2019 Seconded by J. Mielhausen
THAT the minutes of Council Meeting No. 19-10, April 8, 2019 and Special Council Meeting No. 19-11, April 15, 2019 be approved, as amended.
Carried
PUBLIC MEETING
There is no Public Meeting for Council Meeting No. 19-12, April 23, 2019.
DELEGATION
Delegation #1
Harold Elston, Integrity Commissioner
RE: Informational Presentation – Code, Conducts and Commissioner
Mr. Elston was welcomed to the meeting and began his informational presentation to Council. He provided a brief background of his work and practice including that most of his work is in municipal law.
Mr. Elston provided an extensive overview on the Municipal Code of Conduct. He stated that it is mandatory for municipalities to establish a code of conduct and appoint an Integrity Commissioner. Mr. Elston addressed penalties when the code is contravened which include a reprimand or suspension of the remuneration paid to the member for up to 90 days.
The second topic presented by Mr. Elston was the role of the Integrity Commissioner. Mr. Elston advised that council members are able to request advice from the Integrity Commissioner. He further discussed the Commissioner’s powers, the duty to report, elections, formal complaints, code of conduct investigations and common complaints.
The Municipal Conflict of Interest Act was summarized by Mr. Elston, including indirect, direct and deemed pecuniary interests. He also mentioned exceptions to pecuniary interests, conflicts registry, lack of quorum, application to a judge and judicial considerations.
Mr. Elston advised that a conflict of interest would likely be considered in certain instances if a family member of a council member works for the Municipality. He recommended that, in certain cases, professional advice be sought.
Mr. Elston confirmed that it is not recommended that members of council request that a matter be deferred in the instance where that member of council is unsure if he/she should declare a conflict.
Mayor McIver thanked Mr. Elston for his informative presentation.
Delegation #2
Leroy D. Dirckx
RE: Kenneth Robert Campbell, Warren and Janet Stewart- request to reverse a decision to not support NEC Application B/R/2017- 2018/9228, Parts 1 and 2, Plan 3R-728, No civic address
Mr. Dirckx appeared before Council requesting that Council reverse a decision to not support NEC Application B/R/2017-2018/9228. Mr. Dirckx provided a timeline of events leading up to today’s delegation indicating that the process began back in 2004.
Mr. Dirckx referenced the Road Access Act indicating that there is legal access to Parts 1 and 2. He mentioned the Province’s changeover from the Registry to the Land Titles System noting that thousands of properties remain in the Registry System but that those properties now in the Land Titles System have clear title. He then proceeded to describe plans for a gatekeeper’s subdivision on the waterfront with 18 houses with tesla battery power and solar panels.
The Clerk requested a copy of the Ontario Land Registry PIN Page for Parts 1 and 2. Council requested that Mr. Dirckx correspond with Bruce County Planning in regards to the County’s submission which did not support the application. Mr. Dirckx requested Council’s support on the application and in response, Council presented the following resolution:
Moved by J. Mielhausen Resolution #12-03-2019 Seconded by D. Myles
THAT Council respectfully requests that the Bruce County Planning Department prepares a Staff Report explaining the County staffs’ interpretation of the Road Access Act as it relates to B/R/2014-2015/9081 – NEC Stewart.
AND THAT this Staff Report be placed on an upcoming Council agenda for review.
Carried
There was a break in the meeting at 3:32 p.m.
The meeting reconvened at 3:35 p.m.
CONSIDERATION OF AGENDA ITEM

1 Public Works Department Report No. PW 19-17
RE: Heron Point Road Access Alternatives
After discussion, Council was in favour of Alternative B, the construction of a new permanent road. Mr. Cameron, Public Works Manager, advised that the existing Heron Point Bridge could still be used as a pedestrian bridge.
Mr. Cameron was directed to investigate further into Alternative B and report back to Council as this alternative requires the acquisition of land in order to construct the road.
Moved by D. Myles Resolution #12-04-2019 Seconded by M. Myles
THAT Council receives Public Works Department Report PW 19-17 as it relates to access alternatives for Heron Point Road;
AND THAT Council chooses Alternative B from the Heron Point Road Access Alternatives Report prepared by WSP;
AND THAT Council directs staff to further investigate the potential purchase of the said property.
Carried

Public Works Department Report. No. PW 19-18
RE: PW 19-18 Investing in Canada Infrastructure Program- Rural and Northern Communities Funding Stream
Discussion ensued in regards to project selection for an application to the Investing in Canada Infrastructure Program.
After Council deliberation of the project options, Council agreed to apply for funding for the Isthmus Bay Road Improvement Project.
Moved by L. Golden Resolution #12-05-2019 Seconded by J. Mielhausen
THAT Council selects the Isthmus Bay Road Improvement Project, Alternative 3 and instructs staff to submit an application for Investing in Canada Infrastructure Program: Rural and Northern Communities Funding Stream.
AND THAT Council recognizes that if successful, the project put forward in the Application for the Investing in Canada Infrastructure Program, will be completed by October 31, 2026.
Carried

Fire Chief Report No. FC 19-06
RE: Dispensing of NALOXONE by Fire Department Personnel
Fire Chief Barnes indicated that the permission to dispense Naloxone would primarily be for firefighter use, but the option to dispense to the general public, if needed, is an asset.
Moved by J. Mielhausen Resolution #12-06-2019 Seconded by M. Myles
THAT Council receives the Fire Chief’s Report FC 19-06, as information, regarding the permission to carry Naloxone (Narcan) on Fire Department apparatus and allow firefighters to dispense Naloxone (Narcan) intranasal spray; and
THAT Council pending discussions and comments from today’s review, recommends that the Fire Chief proceed to implement the fire department use of Naloxone (Narcan) kits to mitigate the impact of overdoses, and potentially to help firefighters in case of exposure to opioids.
Carried

Building Department Report No. BD 19-06
RE: Trailer Agreement
Martin Robert and Renata Kuipery
PLAN 3M199 LOT 20
148 Greenough Point Road
Assessment Roll No. 660 001 33450
Moved by L. Golden Resolution #12-07-2019 Seconded by D. Myles
THAT Council recommends approval of the Trailer Agreement requested by the property owners, Martin Robert Kuipery and Renata Kuipery, for property legally described as PLAN 3M199 LOT 20 and located at 148 Greenough Point Road (Assessment Roll No. 660 001 33450), Municipality of Northern Bruce Peninsula.
AND THAT the owners acknowledge that the building being constructed will be substantially completed and ready for occupancy within one (1) year from date of signing of the Trailer Agreement.
Carried

Building Department Report No. BD 19-07
RE: Trailer Agreement
Ricardo Antonio Rodriguez
CON 3 WBR PT LOT 35 RP 3R1082 PART 80
45 Henwood Street
Assessment Roll No. 620 005 04304
Moved by J. Mielhausen Resolution #12-08-2019 Seconded by D. Myles
THAT Council recommends approval of the Trailer Agreement requested by the property owner, Ricardo Antonio Rodriguez, for property legally described as CON 3 WBR PT LOT 35 RP 3R1082 PART 80 and located at 45 Henwood Street (Assessment Roll No. 620 005 04304), Municipality of Northern Bruce Peninsula.
AND THAT the owners acknowledge that the building being constructed will be substantially completed and ready for occupancy within one (1) year from date of signing of the Trailer Agreement.
Carried

Facilities Supervisor Report No. FS 19-03
RE: Lion’s Head Harbour Shoreline Repair
A brief discussion occurred with respect to the request.
Moved by J. Mielhausen Resolution #12-09-2019 Seconded by D. Myles
THAT Council receives this report regarding the Lion’s Head Harbour as information, and;
THAT Council approves a transfer of $25,000.00 from Lion’s Head Harbour Reserves to install a stone break water to protect the East parking area.
Carried

Deputy Clerk Report No. DC 19-02
RE: Municipal Emergency Plan Amendments
Moved by J. Mielhausen Resolution #12-10-2019 Seconded by L. Golden
THAT Council receives Deputy Clerk Report DC 19-02 as information with respect to the Municipal Emergency Plan amendments; and
THAT Council, pending discussions and comments from today’s review, recommends that By-law No. 2019-34 for an Emergency Plan, as presented, be adopted at the May 13, 2019 Council meeting.
Carried

Deputy Clerk Report No. DC 19-03
RE: Community Safety and Well-Being Planning
Moved by L. Golden Resolution #12-11-2019 Seconded by D. Myles
THAT Council receives Deputy Clerk Report DC 19-03 as information with respect to the development of the Community Safety and Well-Being Plan.
Carried

Treasury Department Report No. TR 19-15
RE: J. C. Buckley Memorial Trust
Moved by J. Mielhausen Resolution #12-12-2019 Seconded by D. Myles
THAT Council receives Treasurer’s Report TR19-15 regarding the transfer of funds from the J. C. Buckley Memorial Trust to the Rotary Club of Northern Bruce Peninsula; and
THAT By-law 2019-40 be presented and considered for passage at the Regular Meeting of May 27, 2019.
Carried

Treasury Department Report No. TR 19-16
RE: 2019 Tax Rate By-law
Moved by M. Myles Resolution #12-13-2019 Seconded by L. Golden
THAT Council receives Treasurer’s Report TR19-16 regarding the 2019 Final Tax levy; and
THAT By-law No. 2019-36 be presented and considered for passage on May 27, 2019.
Carried

Clerks Department Report No. C 19-08
RE: Electronic Participation of Council Members (in Council meetings)
Municipal Act, Section 238(3.1)(3.2) and Procedural By-law
Moved by J. Mielhausen Resolution #12-14-2019 Seconded by M. Myles
THAT Council receives Clerk Report C 19-08 as it relates to the topic of “electronic participation of Council members” (in Council meeting);
AND THAT Council endorses Option #2 which prohibits electronic participation by Council Members in Council meetings that are open to the public.
Carried

Clerks Department Report No. C 19-26
RE: Agreement of Purchase and Sale
Lot 12, Plan 3M-164
Cape Hurd Road
(Municipally owned lands)
Roll No. 4109 680 004 00312
Our File No.: NBPSL #0001-19
Moved by M. Myles Resolution #12-15-2019 Seconded by D. Myles
THAT Council awards the Agreement of Purchase and Sale for lands deemed as surplus to Municipal needs by way of Resolution #29-15-2015 on December 21, 2015 and legally described as Lot 12, Plan 3M-164 and located fronting on Cape Hurd Road, Municipality of Northern Bruce Peninsula, to Christian Klein in the amount of $30,600.00.
Carried

Clerks Department Report No. C 19-27
RE: By-law to authorize the adoption of a Council Policy for Pregnancy and Parental Leave
Moved by L. Golden Resolution #12-16-2019 Seconded by J. Mielhausen
THAT Council endorses the passage of a by-law to authorize the adoption of a Council Policy for Pregnancy and Parental Leave in accordance with Bill 68 at its regular meeting on Monday, May 27, 2019.
Carried

Clerks Department Report No. C 19-28
RE: By-law to adopt a Council/Staff Relations Policy
Moved by M. Myles Resolution #12-17-2019 Seconded by D. Myles
THAT Council endorses the passage of a by-law to authorize the adoption of a Council/Staff Relations Policy in accordance with Bill 68 at its regular meeting on Monday, May 27, 2019.
Carried
Councillor Myles declared a conflict with respect to the following Agenda Item, CAO 19-12 regarding Short Term Accommodations (STA’s) – Consultant Selection, and vacated her seat at the Council table and sat in the audience.

Chief Administrative Officer Report No. CAO 19-12
RE: Short Term Accommodations (STA’s)- Consultant Selection
Mr. Jones informed Council that he will contact Skelton Brumwell and Associates and arrange a date and time for the consultant to appear before Council to establish its approach to regulating short term accommodations.
Moved by J. Mielhausen Resolution #12-18-2019 Seconded by L. Golden
THAT Council awards RFP P-001-19, Consulting Services for Short Term Accommodation Implementation, to Skelton Brumwell and Associates Inc. in the amount of $23,000.00 plus applicable taxes and disbursements (mileage and printing costs).
Carried
Councillor Myles resumed her place at the Council table.

Resolution- Township of Tudor and Cashel- Resolution No. 2019-090 (costs for hydro)
Moved by M. Myles Resolution #12-19-2019 Seconded by J. Mielhausen
THAT Council receives the attached resolution, as information.
Carried

Resolution- City of Brantford- Resolution 6.1 Single-Use Plastic Straws
Moved by J. Mielhausen Resolution #12-20-2019 Seconded by M. Myles
THAT Council supports Resolution #6.1 from the City of Brantford in regards to single-use plastic straws.
Carried

Emergency Management Program Committee Meeting Minutes- No. 19-01, April 12, 2019
Moved by D. Myles Resolution #12-21-2019 Seconded by L. Golden
THAT Council does hereby adopt the Emergency Management Program Committee Minutes dated April 12, 2019, as circulated, and approves all actions contained therein.
Carried

Ad Hoc Museum Committee Minutes- No. 19-01, April 9, 2019
Moved by M. Myles Resolution #12-22-2019 Seconded by J. Mielhausen
THAT Council does hereby adopt the Occupational Health and Safety Committee minutes dated March 26, 2019 and approves all actions contained therein.
Carried
OTHER BUSINESS
Councillor Golden stated that South Bruce Peninsula has banned cannabis use at beaches and parks within the Town. Mr. Jones informed Council that he will be bringing a staff report to the next council meeting with options for Council to consider in regards to cannabis use within similar areas of the Municipality.
CORRESPONDENCE

Doug and Colleen Hubble- Short Term Accommodations- suggest to only allow one rental per month- staff to acknowledge letter

Central Peninsula Sno-Drifters- Mary Lou Sauve- request for the waiving of fees for the Lions Head Arena on August 17, 2019 – see Resolution #12-24-2019

J. E. Pugsley- Objection to motion of support regarding ATV’s north of Dyers Bay Road on Highway 6 – staff to acknowledge letter

Eric McLay- request for the support of municipal equipment to prepare holes for the community service club sign – see Resolution #12-25-2019

Bruce County- Steering Committee participation- Bruce County Land Evaluation and Area Review (LEAR) Study – see Resolution #12-26-2019

Bruce County- Bruce County Committed to Museum Expansion- noted and filed

Niagara Escarpment Commission- Building a Niagara Escarpment Biosphere Reserve Network- noted and filed

Nuclear Innovation Institute- Bruce County Receives $285,000 Grant Funding and Launches New Talent Development Officer Position- noted and filed

AMO Communications- 2019 Ontario Budget- noted and filed

AMO Communications- AMO Policy Update- Municipal budgets may be affected by animal cruelty enforcement changes- noted and filed

AMO- Investing in Canada Infrastructure Plan (ICIP) Funding for Municipal Infrastructure- noted and filed

Doug Ford, Premier of Ontario- thank you for your letter about council’s resolution dealing with the OMPF- noted and filed

Doug Ford, Premier of Ontario- thank you for your letter about council’s resolution dealing with infrastructure- noted and filed

Office of the Fire Marshal and Emergency Management- Province of Ontario will soon be engaged in providing emergency response assistance to First Nations Communities- noted and filed

Office of the Prime Minister, Justin Trudeau- receipt of your letter of March 14, 2019 regarding the Investing in Canada Plan- noted and filed

Minister of Infrastructure and Communities- the Government of Canada will provide an additional $2.2 billion to the Gas Tax Fund- noted and filed

AMCTO- 2019 AMCTO Provincial Budget Update- noted and filed

Cheryl Gallant, Member of Parliament- Bill C-68 will have a negative impact on your municipality- noted and filed

Municipality of Grey Highlands- Resolution in regards to the Ontario Municipal Partnership Fund (OMPF)- noted and filed

Multi-Municipal Wind Turbine Working Group- Changes to Municipal Planning Role in Renewable Energy Projects by Warren Howard on February 14, 2019- noted and filed
Moved by M. Myles Resolution #12-23-2019 Seconded by L. Golden
THAT the correspondence items #1, #3, and #6-20 be received for information, as printed and circulated.
Carried
Moved by J. Mielhausen Resolution #12-24-2019 Seconded by L. Golden
THAT Council approves the request submitted by the Central Peninsula Sno-Drifters to waive the fees applicable to the use of the Lion’s Head Arena on Saturday, August 17, 2019;
AND THAT the Central Peninsula Sno-Drifters be advised accordingly of Council’s decision.
Carried
Moved by M. Myles Resolution #12-25-2019 Seconded by J. Mielhausen
THAT Council approves the request submitted by Mr. Eric McLay for the use of Municipal equipment to prepare holes for the community service club sign;
AND THAT Mr. Eric McLay and the Public Works Manager be advised accordingly of Council’s decision.
Carried
Moved by L. Golden Resolution #12-26-2019 Seconded by D. Myles
THAT the Council of the Municipality of Northern Bruce Peninsula provides/suggests the name of Councillor James Mielhausen as an appropriate candidate for the role of one of the two members of local Municipal Councils on the Bruce County Steering Committee being established to engaged agricultural stakeholders and local municipal representatives for consideration of the use of the Land Evaluation and Area Review (LEAR) process.
Carried
READING OF BY-LAWS
Moved by M. Myles Resolution #12-27-2019 Seconded by L. Golden
THAT the following listed by-law be given 1st, 2nd and 3rd reading and enacted:
2019-45 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA HELD TUESDAY, APRIL 23, 2019
Carried
Mayor McIver advised that Council was moving into closed meeting 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 (Native Land Claim).
CLOSED SESSION
Moved by J. Mielhausen Resolution #12-28-2019 Seconded by D. Myles
THAT Council moves into closed meeting at 4:41 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 (Native Land Claim).
Carried
RECONVENE FROM “CLOSED SESSION” TO RESUME COUNCIL MEETING
Moved by L. Golden Resolution #12-29-2019 Seconded by J. Mielhausen
THAT Council reconvene from Closed Session at 4:41 p.m. and resume the Council meeting.
Carried
ADJOURNMENT
Moved by D. Myles Resolution #12-30-2019 Seconded by L. Golden
THAT the meeting adjourns at 4:49 p.m.
Carried