Municipality Of Northern Bruce Peninsula Council Meeting Minutes July 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: Bill Jones, Chief Administrative Officer, Mary Lynn Standen, Clerk, Tessa Townson, Administrative Assistant, Cathy Addison, Deputy Clerk, Wilf Barnes, Fire Chief, Teresa Shearer, Treasurer, Marshall Tigert, Facilities Supervisor, Troy Cameron, Public Works Manager, Wendy Elliott, Chief Building Official
OTHERS PRESENT: Nil
DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF
Mayor McIver called the meeting to order at 1:12 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 #20-01-2019 Seconded by M. Myles
THAT the content of the agenda be approved as presented. Carried
ADOPTION OF THE MINUTES
Re: Council Meeting No.19-19, June 24, 2019
Councillor Myles requested that on page 8 of the minutes, it be corrected to read “Mayor McIver advised that he attended a Barrow Bay Property Owners’ meeting along with Councillor Mielhausen”.
Moved by M. Myles Resolution #20-02-2019 Seconded by D. Myles
THAT the minutes of Council Meeting No. 19-19, June 24, 2019 approved, as amended. Carried
PUBLIC MEETING
There is no Public Meeting for Council Meeting No. 19-20, July 08, 2019.
DELEGATION
There is no Delegation for Council Meeting No. 19-20, July 08, 2019.
CONSIDERATION OF AGENDA ITEMS

Public Works Department Report No. PW 19-22
RE: Widgeon Cove Pathway Request
Mr. Cameron discussed potential issues that the pathway creation may pose, such as, the need for parking, potential public use and compliance with Provincial accessibility requirements (AODA). Mrs. Addison, Accessibility Coordinator, informed Council that the description of the pathway would determine if, when and how accessibility standards need to be met. She indicated that if the pathway is referred to as a wilderness trail, back country trail or portage route, then the Municipality would not be required to comply with the 2016 Accessibility Standards.
Mr. Cameron advised that the creation and maintenance of the trail will not be very costly, but the opening of the pathway will increase liability and risk exposure to the Municipality. He also noted that the area has been surveyed relatively recently.
Council agreed that signage would not be required at this time on the trail. Mr. Cameron estimated that the wilderness trail could be ready within a few weeks.
Moved by J. Mielhausen Resolution #20-03-2019 Seconded by L. Golden
THAT Council receives report PW 19-22 as information;
AND THAT Council approves the clearing of a 5-6-foot wilderness path on Widgeon Cove Road within the established 40-foot access;
AND THAT no municipal signage is required. Carried

Public Works Department Report No. PW 19-23
RE: Interpretive Signage at Public Boat Launches
Mr. Cameron explained that the signage could be installed by Public Works Staff; however, it would have to occur as time permits by that Department.
Moved by J. Mielhausen Resolution #20-04-2019 Seconded by M. Myles
THAT Council supports a proposal from the Nature Conservancy of Canada (NCC) to install the revised interpretive signage at the requested public boat launches within the Municipality of Northern Bruce Peninsula; however, should the NCC consider installation of same, the NCC shall contact the Public Works Manager to discuss further. Carried

Public Works Department Report No. PW 19-24
RE: Request for Proposal PW 2019-02 – Rubber Tire Backhoe
Discussion ensued between Council and the Public Works Manager pertaining to the condition of the current 1996 John Deere backhoe. Councillor Mielhausen recommended that the current backhoe be kept and the purchase of a new backhoe be put on hold. Councillor Myles suggested that more local contractors be used for projects which may aid in limiting the strain on municipal equipment. Councillor Golden explained that, in her experience, it is a better choice to purchase new equipment when needed, rather than using funds to repair old equipment and further, she said that the use of old equipment, needing repair, can be frustrating to staff when it does not operate properly. Deputy Mayor Myles commented on the 1996 John Deere backhoe being seven (7) years past the replacement due date of 2012.
Moved by D. Myles Resolution #20-05-2019 Seconded by L. Golden
THAT Council approves the purchase of a 2019 John Deere 310SL backhoe along with plate compactor attachment from Nortrax;
AND THAT Council approves the trade-in of the Municipality’s 1996 John Deere 310 backhoe to Nortrax for $10,000.00, reducing the purchase cost of the 2019 John Deere 310SL backhoe and plate compactor to $119,310.00, excluding HST.
AND THAT Council authorizes staff to purchase a hydraulic hammer attachment with the remaining allocated budget. Carried

Fire Department Report No. FC-19-10
RE: Quarterly Information Report and Updates for April, May, and June, 2019
Moved by J. Mielhausen Resolution #20-06-2019 Seconded by D. Myles
THAT Council receives the Fire Chief’s Report FC 19-10, Fire Department quarterly information and updates for April, May and June, 2019. Carried

Building Department Report No. BD 19- 22
RE: June 2019 Building Report
Moved by L. Golden Resolution #20-07-2019 Seconded by M. Myles
THAT Council receives Chief Building Official Report No. BD 19-22, relating to the June 2019 Building Report, as information. Carried

Parks and Recreation Department Report No. FS 19-06
RE: The Rotary Club of Northern Bruce Peninsula – Lease Agreement
Councillor Myles requested that the CoWork Group not be included in the lease agreement as they are a separate organization.
Councillor Myles expressed concern with the exclusivity of the Rotary Club’s liquor licence as this limits options for those who wish to rent the Rotary Hall in regards to who serves liquor at that facility.
Council requested that the lease agreement with the Rotary Club of Northern Bruce Peninsula be deferred until further information regarding the exclusivity of their liquor licence for facility is brought forward by the Facilities Supervisor at the next Council meeting.
Moved by J. Mielhausen Resolution #20-08-2019 Seconded by D. Myles
THAT Council receives the Facilities Supervisor Report FS 19-06, regarding the lease agreement with the Rotary Club of Northern Bruce Peninsula; and
THAT Council defers the lease agreement with The Rotary Club of Northern Bruce Peninsula for the hall formally known as the Eastnor Township Hall in Lion’s Head pending receipt of further information set out in a staff report for the July 22, 2019 Council meeting. Carried

Chief Administrative Officer Report No. CAO 19-18
RE: One-time Provincial Funding/Manager of Community Services
Council requested that the Manager of Community Services job description be brought forward to the next Council meeting along with a staff report outlining staff recommendations for allocation of the one-time Provincial funds.
Mr. Jones advised that he has yet to hear from the Province regarding the funding for the Manager of Community Services position.
Moved by M. Myles Resolution #20-09-2019 Seconded by D. Myles
THAT Council defers consideration of utilization of $100,000 of the recent “one-time provincial funding” allocation for partial funding of the proposed Manager of Community Services two-year contract position.
AND FURTHER THAT staff provides a report containing the proposed Manager of Community Services job description and input from staff for allocating the one-time funding recently announced for Northern Bruce Peninsula (NBP). Carried

Accounts Payable Voucher
RE: June 2019
Councillor Golden requested clarification on an item. Mrs. Shearer, Treasurer, advised that the Municipality has to pay into the English and French Separate School Boards on a quarterly basis.
Councillor Golden requested clarification on a Fire Department purchase of a golf cart. Mr. Barnes, Fire Chief, explained that the golf cart was purchased mostly with funds raised by the Fire Fighters Association and is being used as an educational tool including at parades and other events. He noted that it has been well received.
In response to an enquiry from Councillor Mielhausen, Mr. Tigert, Facilities Supervisor, confirmed that the payment to the hired contractor was for the continuation of E-dock at the Lion’s Head Harbour.
Moved by L. Golden Resolution #20-10-2019 Seconded by D. Myles
THAT Council receives Accounts Payable Voucher, June 2019, in the amount of $3,167,030.02. Carried

Resolution – Township of Warwick
RE: Resolution Regarding Enforcement for Safety on Family Farms
Moved by J. Mielhausen Resolution #20-11-2019 Seconded by L. Golden
THAT Council supports a resolution from the Township of Warwick in regards to enforcement for safety on family farms. Carried

Minutes – Occupational Health and Safety Inspection Tour
RE: Minutes 19-02, June 18, 2019
Moved by J. Mielhausen Resolution #20-12-2019 Seconded by M. Myles
THAT the minutes of Occupational Health and Safely Committee Meeting No. 19-02, June 18, 2019 be approved as printed and circulated. Carried

Minutes – Waste Diversion and Management Committee
RE: Meeting Minutes No. 19-03, June 19, 2019
Councillor Myles commented on the value that was brought to the Waste Diversion and Management Committee Meeting by having the Landfill Attendant present. The Mayor commented that Council has not received a presentation from the Landfill Attendant.
Moved by D. Myles Resolution #20-13-2019 Seconded by M. Myles
THAT the minutes of Waste Diversion and Management Committee Meeting No. 19-03,
June 19, 2019 be approved and printed and circulated. Carried

Minutes – Ad Hoc Museum Committee
RE: Minutes of Meeting No. 19-04, July 2, 2019
Mr. Tigert informed Council of the planned updates/repairs to be made to the Museum property including pest control services and cedar shake shingles on the cabin.
Moved by L. Golden Resolution #20-14-2019 Seconded by D. Myles
THAT the minutes of Ad Hoc Museum Committee Meeting No. 19-04, July 2, 2019 be approved as printed and circulated. Carried
OTHER BUSINESS
Councillor Golden requested an update on the status of the resolution from the June 22, 2019 council meeting regarding the Big Tub water lot, specifically if Mr. Jones had received a response from Mr. Festarini, Parks Canada Superintendent. Mr. Jones advised that he has yet to receive a response as Mr. Festarini is currently on holidays. However, he will send another email today expressing the urgency of the matter.
Councillor Golden then inquired to Mr. Tigert regarding the responsibility of the maintenance of the garbage bins located at Big Tub and near the Grandview. Mr. Tigert indicated that Parks Canada is responsible for these bins and he will contact them again to discuss this further and, in the meantime, he has placed additional containers at the Grandview.
Councillor Golden brought up the goose problem at the Lion’s Head Beach. She stated that it may be a health and safety concern and a remedy should be found. Mr. Tigert is to investigate solutions to this ongoing problem.
CORRESPONDENCE

Minister of Infrastructure and Communities – Resolution support to address a recreation and culture capital infrastructure deficit- refer to Resolution #20-16-2019

Bruce County Beef Farmers – Invitation for 48th Beef BBQ event – Friday, July 19, 2019 Chesley Community Centre- noted and filed

Mary and Leonard Friesen – Thank you for installation of the accessible swing at Lion’s Head Beach Park Playground- noted and filed

Bruce Peninsula Spirit Singers – Thank you for funding grant used for community choir activities- noted and filed

Jason Austen – Trespass Road Representative – Opening the EA for the North Shore trespass road project Barrow Bay- Mr. Cameron to provide a staff report for the July 22, 2019 council meeting

Niagara Escarpment Commission – Cannabis Cultivation and Processing in the Niagara Escarpment Plan Area- noted and filed

Ministry of the Solicitor General – Emergency Management and Civil Protection Act – 2018 Municipal Compliance for MNBP- noted and filed

Grey Bruce Health Unit – Public Health proposed alcohol changes

Swift Quarterly News Update – June 2019

Bill Walker MPP, Bruce Grey Owen Sound Media Release – Insurance Bureau of Canada Donation of Carbon Monoxide Alarms to MNBP- noted and filed

Ministry of Municipal Affairs and Housing – Bill 108 Current Regulatory Postings- noted and filed

Township of South Frontenac – ROMA-OGRA Combined Conference- noted and filed

Township of Huron-Kinloss Restore the Funding to Southern Ontario Library Service- noted and filed

Township of Huron-Kinloss – Opposing Bill 108 More Homes, More Choice Act- noted and filed

Township of Tyendinaga – Combination of OGRA and ROMA Conferences- noted and filed

Town of Halton Hills – Combination of OGRA and ROMA Conferences- noted and filed
Moved by M. Myles Resolution #20-15-2019 Seconded by J. Mielhausen
THAT the correspondence items be received for information, as printed and circulated. Carried
Moved by M. Myles Resolution #20-16-2019 Seconded by J. Mielhausen
THAT, in keeping with the letter dated June 7, 2019 from the Federal Minister of Infrastructure and Communities, the Municipality of Northern Bruce Peninsula wishes to further advocate for investments in recreation and culture capital infrastructure by contacting the Ontario Ministry of Infrastructure. Carried
READING OF BY-LAWS
Moved by L. Golden Resolution #20-17-2019 Seconded by M. Myles
THAT the following listed by-laws be given 1st, 2nd and 3rd reading and enacted:
2019-63 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 115 PLAN 488, NOT YET ASSIGNED, PENNY ROAD (ST. EDMUND’S), MUNICIPALITY OF NORTHERN BRUCE PENINSULA
2019-67 BEING A BY-LAW TO AUTHORIZE A LEASE AGREEMENT WITH BRUCE PRO SPORTS AND THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA
2019-72 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA HELD MONDAY, JULY 08, 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 #20-18-2019 Seconded by D. Myles
THAT Council move into closed meeting at 2:41 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 J. Mielhausen Resolution #20-19-2019 Seconded by L. Golden
THAT Council reconvene from Closed Session at 2:55 p.m. and resume the Council meeting. Carried
ADJOURNMENT
Moved by M. Myles Resolution #20-20-2019 Seconded by L. Golden
THAT the meeting adjourns at 2:56 p.m. Carried