Municipality Of Northern Bruce Peninsula Council Meeting Minutes June 10, 2019

342

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
OTHERS PRESENT: Mike Campbell, Bruce Peninsula Biosphere Association, Christopher Mercanti, Bruce Power
DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF
Mayor McIver called the meeting to order at 1:01 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 #7 as she owns a hostel/tourist accommodation in the Municipality.
APPROVAL OF THE AGENDA
Moved by L. Golden Resolution #18-01-2019 Seconded by D. Myles
THAT the content of the agenda be approved as presented.
Carried
ADOPTION OF THE MINUTES
Re: Council Meeting No. 19-15, May 27, 2019; Special Council Meeting
No. 19-16, May 28, 2019 and Special Council Meeting No. 19-17, June 3, 2019
Councillor Myles requested the following updates to the minutes:
Council Meeting No. 19-15, May 27, 2019, Page 11, be corrected to read “Deputy Mayor Debbie Myles and Councillor Megan Myles names be put forth” in respect to Resolution #15-22-2019.
Special Council Meeting No. 19-17, June 3, 2019, the following be added: “Observed erosion at campground, beachfront area.”
Moved by J. Mielhausen Resolution #18-02-2019 Seconded by M. Myles
THAT the minutes of Council Meeting No. 19-15, May 27, 2019; Special Council Meeting No. 19-16, May 28, 2019 and Special Council Meeting No. 19-17, June 3, 2019 be approved, as amended. Carried
PUBLIC MEETING
There is no Public Meeting for Council Meeting No. 19-18, June 10, 2019.
DELEGATION
Biosphere Lighthouse to Lighthouse Gravel Gran Fondo

Delegation #1
Mike Campbell- Bruce Peninsula Biosphere Association
RE: request that Council approve in principle the Bruce Peninsula Lighthouse to Lighthouse Gravel Gran Fondo and allow the closing of Main Street
Mr. Campbell was welcomed to the meeting and proceeded to present his request to Council. He stated that “The Bruce Peninsula Gravel Gran Fondo” is a long distance cycling ride, not a race, which will likely include 150-200 riders and consist of three (3) different routes, all to start and finish in Lion’s Head. Mr. Campbell advised that proceeds will go to the Bruce Peninsula Biosphere Association, the goal is to raise $20,000.00 and the course has been laid out with safety in mind.
Mr. Campbell requested that Council approve the event in principle. He stated that he may return to Council in the future and request the closure of Phillip Forbes Street for the duration of the event as that is the planned location for the event start and finish. He also noted that insurance is being finalized and approval has been obtained from Bruce County for riding on County roads. Mr. Campbell expressed that the event should bring an economic benefit to Lion’s Head.
Council briefly commented on the event stating that they have little concern as the event date is October 6, 2019 (off-season). Councillor Myles stated that Mr. Campbell could encourage participants to park at the Lion’s Head Arena and Community Centre and ride their bicycles to Phillip Forbes Street to begin the race. She also recommended that Mr. Campbell consult with the owner of the first portion of Cabot Head Road as that road is included in the ride.
Moved by M. Myles Resolution #18-03-2019 Seconded by J. Mielhausen
THAT Council supports in principle the Bruce Peninsula Lighthouse to Lighthouse Gravel Gran Fondo event being held on Sunday, October 6, 2019 sponsored by the Bruce Peninsula Biosphere Association. Carried

Delegation #2
Christopher Mercanti- Bruce Power
RE: brief update on Bruce Power activities and the path forward to major component replacement and beyond
Mr. Mercanti began his presentation by providing an update to Council on Bruce Power initiatives. He advised that Bruce Power has been investing in local health care including a donation of $250,000.00 to the Bruce Peninsula Health Services Foundation, $20,000.00 to the Ontario Tourism Innovation Lab for the Bruce County Spark grant program, as well as regional donations to organizations such as the Canadian Cancer Society.
Mr. Mercanti continued to speak on the Major Component Replacement (MCR) Project. He explained in detail the ways in which the project will bring a significant economic benefit to Canadian economies.
He then presented the milestones for the various units and stated that it is a good indicator that all projects are being completed on time and on budget.
Mr. Mercanti also discussed the following:
-efficiency payments
-medical isotope leadership
-commitments to the Pediatric Oncology Group of Ontario
-the successful summer bus tour program
-post secondary scholarships
-the Community Safety Guide to be distributed to all Grey, Bruce and Huron residents
-the Nuclear Economic Development and Innovation Initiative
-the Ontario Nuclear Innovation Institute’s Regional Skilled Trades Advancement
-the MCR training complex
Mayor McIver stated that he appreciates the support that Bruce Power has given to health care in the Bruce Peninsula and all other efforts.
Mr. Mercanti provided a background in terms of the purpose of the project including that the reasoning behind the project was related to safety and has now grown into an economic development initiative. He stated that the project will cost around 13 billion dollars and will employ an additional 2,500 staff with the vast majority being skilled trades workers.
Mr. Mercanti stated that Bruce Power produced 30% of Ontario’s power and nuclear energy is producing 60% of Ontario’s power. He also mentioned that approximately 100 Bruce Power employees reside in the Northern Bruce Peninsula.
Mr. Mercanti elaborated on Bruce Power’s engagement with indigenous groups. He noted that Bruce Power is intending to increase indigenous hires.
Mayor McIver thanked Mr. Mercanti for his informative update.
CONSIDERATION OF AGENDA ITEMS

Public Works Department Report No. PW 19-21
RE: Interpretive Signage at Public Boat Launches
Council discussed the draft interpretive signage and requested staff seek further clarification on the signage prior to supporting the proposal, specifically in regards to the use of the title “Saugeen Bruce Peninsula”.
Moved by L. Golden Resolution #18-04-2019 Seconded by D. Myles
THAT Council seeks further clarification prior to supporting a proposal from the Nature Conservancy of Canada (NCC) to install interpretive signage at public boat launches within the Municipality of Northern Bruce Peninsula. Carried

Building Department Report No. BD 19-14
RE: May 2019 Building Report
Moved by L. Golden Resolution #18-05-2019 Seconded by J. Mielhausen
THAT Council receives Chief Building Official Report No. BD 19-14, relating to the May 2019 Building Report, as information. Carried

Building Department Report No. BD 19-15
RE: Lift Holding (H) Zone Symbol and
No Demand for Municipal Services Site Plan Control Agreement
Robert Sean Hickey
Lot 115 Plan 488 (St. Edmund’s)
Not yet assigned, Penny Road
Assessment Roll No. 4109 680 002 19603
PIN 33107-1087 (LT)
Moved by J. Mielhausen Resolution #18-06-2019 Seconded by M. Myles
THAT Council supports the removal of the Holding “H” zone and approves the negotiation and registration of a No Demand for Municipal Services Site Plan Control Agreement requested by Robert Sean Hickey, owner of the property legally described as Lot 115 Plan 488 and located on Penny Road, Municipality of Northern Bruce Peninsula;
THAT Council will consider entertaining the passage of By-law No. 2018-63, being a by-law to lift the Holding “H” zone symbol, at its regular Council meeting on Monday, July 8, 2019. Carried

Treasury Department Report No. TR 19-18
RE: 2019 TAX RATE BY-LAW AMENDED
Moved by L. Golden Resolution #18-07-2019 Seconded by D. Myles
THAT Council receives Treasurer’s Report TR19-18 regarding an amendment to the Tax Rate By-law; and
THAT By-law 2019-62 be presented and considered for passage on June 10, 2019. Carried

Clerks Department Report No. C 19-40
RE: Niagara Escarpment Commission
Request for Comments
NEC File No. B/R/2018-2019/9208
Owner: Brent Greig
Part Lot 29, Concession 5, EBR, (Eastnor)
Unnumbered Concession 4 and Everatt Sideroad
Assessment Roll No. 620-7-09300
Moved by D. Myles Resolution #18-08-2019 Seconded by M. Myles
THAT Council directs staff to submit to the Niagara Escarpment Commission, the Municipality’s position of no objection to the Request for Comments submitted by the owner, Brent Greig, for property known as Part Lot 29, Concession 5, EBR, (Eastnor), and situated locally (unnumbered) and fronting on Concession 4 (and Everatt Sideroad), Municipality of Northern Bruce Peninsula, who is seeking approval to sever a 20 ha (50 ac) lot from the existing 56.9 ha (140.52 ac) parcel in order to construct a 1.5 storey dwelling with attached garage, sized approximately 239.3 sq.m (2,576 sq.ft), having a maximum height of approximately 7.62 m (25 ft), install a private sewage disposal and construct a driveway;
AND THAT the Niagara Escarpment Commission takes note that the Chief Building Official’s comments indicate that the proposed deck shown on the owner’s site plan is only permitted to encroach five (5’) feet into any required yard. Carried

Clerks Department No. C 19-41
RE: Municipal Law Enforcement Officers appointment by-law
Moved by J. Mielhausen Resolution #18-09-2019 Seconded by D. Myles
THAT Council approves amendments to the Municipal Law Enforcement Officer appointments for the Municipality of Northern Bruce Peninsula as follows:
By-law Department: Add Geoffrey Smethurst
Fire Department: Remove Brent Baker
AND THAT Staff respectfully requests that Council consider the passage of By-law No. 2019-65 at today’s meeting. Carried
Having declared a conflict of interest, Councillor Myles excused herself from the Council table and took a seat in the audience.

Chief Administrative Officer Report No. CAO 19-16
RE: Short Term Accommodations- Briefing Notes 1 and 2
Council agreed to include bed and breakfast establishments in the short term accommodation process. Information regarding the short term accommodation process will be included in the upcoming Municipal Newsletter which is enclosed with the final tax billing.
Moved by L. Golden Resolution #18-10-2019 Seconded by J. Mielhausen
THAT Council receives Briefing Notes 1 and 2 from Skelton Brumwell and Associates Inc. in regards to short term accommodations (STA’s);
AND FURTHER THAT Council directs the consultant to include bed and breakfast (B&B) establishments in the Short Term Accommodation Project;
AND FURTHER THAT Council supports the STA Strategy and Policy Development Study Process and the framework outlined in Briefing Note 2. Carried
Councillor Myles resumed her place at the Council table.

Accounts Payable Voucher
RE: May 2019
Councillor Golden requested clarification from the Public Works Manager regarding invoicing for maintenance to weigh scales at landfills.
Councillor Golden also requested clarification in regards to the dock sections for the Tobermory Harbour, specifically their life expectancy.
Moved by J. Mielhausen Resolution #18-11-2019 Seconded by D. Myles
THAT Council receives approved Accounts Payable Voucher, May 2019, in the amount of $1,001,923.34. Carried

Minutes- Ad Hoc Museum Committee- No. 19-03, June 4, 2019
Moved by L. Golden Resolution #18-12-2019 Seconded by D. Myles
THAT Council does hereby adopt the Ad Hoc Museum Committee Minutes dated June 4, 2019, as circulated, and approves all actions contained therein. Carried

Minutes- Physician Recruitment and Retention Committee- No. 19-02- May 29, 2019
Moved by J. Mielhausen Resolution #18-13-2019 Seconded by M. Myles
THAT Council does hereby adopt Physician Recruitment and Retention Committee Minutes, dated May 29, 2019, as circulated, and approves all actions contained therein. Carried

Resolution- Town of New Tecumseth- Reduction in Provincial Funding to Libraries
Moved by J. Mielhausen Resolution #18-14-2019 Seconded by L. Golden
THAT Council supports a resolution from the Town of New Tecumseth in regards to a reduction in provincial funding to libraries. Carried

Resolution- The Township of McNab Braeside- Government of Ontario proposing education adjustments
Moved by L. Golden Resolution #18-15-2019 Seconded by J. Mielhausen
THAT Council supports Resolution No. 131-2019 from the Township of McNab Braeside in regards to the Government of Ontario proposing education adjustments. Carried

Resolution- Municipality of Brockton- Community Safety and Well-being Plans
Moved by M. Myles Resolution #18-16-2019 Seconded by J. Mielhausen
THAT Council supports Resolution No. 19-10-13 from the Municipality of Brockton in regards to Community Safety and Well-being Plans. Carried
OTHER BUSINESS
Deputy Mayor Myles brought forth a list of concerns she has in regards to Resolution #15-11-2019 and #15-12-2019, Request for Site Plan Control for tree clearing purposes at 6 and 78 Cherry Hill Road. She listed questions and concerns she has in regards to the planned solar development on the aforementioned properties. She explained that she is dissatisfied as she received correspondence in regards to the above projects after the fact. Mayor McIver informed that, in order for the resolutions to be reconsidered, the Deputy Mayor would require two (2) supporters to bring it forward again. There was no support given.
Deputy Mayor Myles then brought forward a discussion on the MNR house. She stated that the tenant has asked her to request an update on the status of the rental home. Deputy Mayor Myles quoted CAO Report No. 19-09 from the March 25, 2019 Council meeting and read the resolution aloud. She stated that she is not pleased with the lack of supporting information in staff reports and has expressed this in the past and that members of Council were blindsided upon receiving the report. She also said that no expense figures were presented in regards to the upgrades to the MNR house and it is unfair to leave the tenant in limbo.
The CAO, Mr. Jones, advised that a legal opinion has been obtained and he is in the process of compiling all of the information and preparing a complete report for the upcoming Council meeting.
Councillor Myles and Mayor McIver indicated that they are content with most staff reports and would prefer to request further information from staff, if needed.
Deputy Mayor Myles introduced a Notice of Motion to be tabled at the regular Council meeting on Monday, June 24, 2019 in regards to the reconsideration of Resolution #17-02-2019 dated June 3, 2019 as it relates to Council authorizing that the lands legally described as Lot 136, Plan 571 (located fronting on Dorcas Bay Road) being deemed as surplus to its needs.
Councillor Golden requested an update on work on the front wall of the Tobermory Library as the area is getting busier and the work may pose a safety hazard. The Facilities Supervisor is to be notified of Councillor Golden’s concern/request.
Mr. Jones advised that he will speak with the Public Works Manager and Facilities Supervisor regarding the tree trimming on the boardwalk.
The Clerk and CAO confirmed that when members of Council are inquiring about maintenance or something of a similar nature, they may email the department head and copy the CAO.
CORRESPONDENCE

Karen Pal- Walking Path, Widgeon Cove Road, Pike Bay- request for the Municipality to create a walking path- Public Works to bring a report back to Council

Bruce Peninsula Short Term Accommodation Group Executive Committee- request for consultation- staff to acknowledge request

Lindsay Road 20 Ratepayers Association-request for use of the Municipal Hall- refer to Resolution #18-18-2019

Owen Sound Regional Hospital Foundation- thank you for your recent gift to the Owen Sound Regional Hospital Foundation to help purchase a chemistry analyzer for the laboratory- noted and filed

Environment and Land Use Tribunals Ontario- Notice of Plan Amendment Pre- Hearing Conference and Hearing, 941, 943, 953 Dyers Bay Road- June 24, 2019 at 10:00 a.m. Town of South Bruce Peninsula Council Chambers- Mr. Jones advised that he arrange for a staff member to attend

Ontario Tourism Innovation Lab- Save the Date, Launch of the Bruce County Tourism Innovation Lab July 3, 2019- noted and filed

Federation of Ontario Cottagers Associations- Rural Ontario, we’re in this together- noted and filed

Public Health- Safe Communities- Local Students Art Promotes Safe Communities- noted and filed

Premier of Ontario- commitment to provide $7.35 million to help large municipalities and $200 million to small and rural municipalities- noted and filed

Lisa Thompson and Bill Walker- News Release- Ontario Asking Partners to Find Four Per Cent Savings and Protect Front-Line Services- noted and filed

Bill 108 Resolutions- Municipality of Southwest Middlesex, Town of Newmarket, Town of Halton Hills, Town of Orangeville, Township of Norwich, Township of Muskoka Lakes, Township of Bonnechere Valley, Regional Municipality of York, City of Markham, Grey County, Town of Grimsby, City of Toronto, Town of Aurora- noted and filed

Multi-Municipal Wind Turbine Working Group- Minutes of February 14, 2019- noted and filed
Moved by J. Mielhausen Resolution #18-17-2019 Seconded by M. Myles
THAT the correspondence Items #1-2 and 4-12 be received for information, as printed and circulated. Carried
Moved by L. Golden Resolution #18-18-2019 Seconded by J. Mielhausen
THAT THE Lindsay Road 20 Ratepayers Association be permitted to use the Council Chambers at the Municipal Office on Sunday, July 28, 2019 from 9:00 a.m. to 1:00 p.m.;
AND THAT Council authorizes the waiving of the fee associated with this rental. Carried
READING OF BY-LAWS
Moved by L. Golden Resolution #18-19-2019 Seconded by D. Myles
THAT the following listed by-laws be given 1st, 2nd and 3rd reading and enacted:
2019-49 BEING A BY-LAW TO DEEM REGISTERED PLAN LOTS NOT TO BE REGISTERED [PLAN D2 UNIT 13 AND PLAN D2 UNIT 11, (LION’S HEAD), 110 MAIN STREET AND 112 MAIN STREET], MUNICIPALITY OF NORTHERN BRUCE PENINSULA
2019-50 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 [BLOCK 50, PLAN 3M-104 AND PART LOT 49, CONCESSION 1, EBR, PART 2, PLAN 3R-4335 (ST. EDMUNDS), UNNUMBERED-HIGHWAY 6/MAPLE GOLF CRESCENT AND 7188 HIGHWAY 6, RESPECTIVELY, MUNICIPALITY OF NORTHERN BRUCE PENINSULA]
2019-51 BEING A BY-LAW TO AUTHORIZE THE APPOINTMENT OF A PROPERTY STANDARDS COMMITTEE FOR THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA
2019-52 BEING A BY-LAW TO ADOPT A STRATEGIC ASSET MANAGEMENT POLICY
2019-53 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 – LOT 83 PLAN 480, NOT YET ASSIGNED, ORCHID TRAIL (ST. EDMUND’S), MUNICIPALITY OF NORTHERN BRUCE PENINSULA
2019-54 BEING A BY-LAW TO DEEM REGISTERED PLAN LOTS NOT TO BE REGISTERED (LOTS 48, 49 AND 50, PLAN 470, 467 EAGLE ROAD) MUNICIPALITY OF NORTHERN BRUCE PENINSULA
2019-55 BEING A BY-LAW TO AUTHORIZE THE MAYOR AND FIRE CHIEF TO EXECUTE AN AGREEMENT WITH OWEN SOUND POLICE SERVICES BOARD AND THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA
2019-56 BEING A BY-LAW TO AUTHORIZE THE MAYOR TO EXECUTE AN AGREEMENT WITH GREY BRUCE HEALTH UNIT AND THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA
2019-62 BEING A BY-LAW TO ADOPT THE ESTIMATES OF ALL SUMS REQUIRED DURING THE YEAR AND SET THE 2019 TAX RATES
2019-64 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA HELD MONDAY, JUNE 10, 2019
2019-65 BEING A BY-LAW TO APPOINT MUNICIPAL LAW ENFORCEMENT OFFICERS AND PROPERTY STANDARDS OFFICERS FOR THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA. 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 L. Golden Resolution #18-20-2019 Seconded by J. Mielhausen
THAT Council moves into closed meeting at 2:39 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 J. Mielhausen Resolution #18-21-2019 Seconded by L. Golden
THAT Council reconvenes from Closed Session at 3:44 p.m. and resumes the Council meeting. Carried
ADJOURNMENT
Moved by M. Myles Resolution #18-22-2019 Seconded by J. Mielhausen
THAT the meeting adjourns at 3:45 p.m. Carried