Municipality Of Northern Bruce Peninsula September 9, 2019 Council Meeting Minutes

303

MEMBERS PRESENT: Mayor Milt McIver, Councillor Laurie (Smokey) Golden, Councillor James Mielhausen, Councillor Megan Myles 

MEMBERS ABSENT: Deputy Mayor Debbie Myles 

STAFF PRESENT: Bill Jones, Chief Administrative Officer, Mary Lynn Standen, Clerk, Cathy Addison, Deputy Clerk, Tessa Swanton, Administrative Assistant, Teresa Shearer, Treasurer

OTHERS PRESENT: Amanda Herbert, Bruce County Planning 

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 Mielhausen declared a conflict of interest with respect to “Agenda Item #1 brother of applicant”. 

APPROVAL OF THE AGENDA

Moved by L. Golden Resolution #27-01-2019 Seconded by J. Mielhausen 

THAT the content of the agenda be approved as presented. 

Carried

ADOPTION OF THE MINUTES

Re: Council Meeting No. 19-26, August 26, 2019 and Special Council Meeting No. 19-25, August 25, 2019

Mayor McIver requested that Page 3 of the August 26, 2019 minutes be amended by adding the word, available, to the end of this sentence: “Mr. Blackburn noted he visited the Municipal Office and requested a copy of the draft by-law but learned that it is not available.” 

Moved by L. Golden Resolution #27-02-2019 Seconded by J. Mielhausen

THAT the minutes of Council Meeting No. 19-26, August 26, 2019 and Special Council Meeting No. 19-25, August 25, 2019 be approved as printed and circulated.

Carried

Councillor Mielhausen declared a conflict of interest with respect to the next item on the Agenda, remained at the Council table and refrained from participating in this portion of the meeting.

PUBLIC MEETING

Notice of Complete Application and Public Meeting

RE: Zoning By-law Amendment Z-43-19.62

Consent to Sever B-63-19.62

Planning Report- Z-43-19.62- Zoning By-law Amendment

Owner/Applicant: John and Suzanne Mielhausen

3231 Bruce Road 9, Ferndale and not yet assigned, Bruce Road 9

Mayor McIver welcomed Amanda Herbert, Planner with Bruce County Planning, to the meeting. She provided a brief overview of the application, including that the owners wish to sever a developed residential lot in the hamlet of Ferndale and retain a vacant farm lot. In addition, the owners have applied to rezone the residential parcel to R1 Detached Residential and permit a minimum lot frontage of 9 metres. The residential retained farm lot has an area of 56.17 ha and the severed residential lot has an area of 1.5 ha. 

Ms. Herbert advised that a notice of public meeting was circulated to public agencies on August 16, 2019, with a second public meeting scheduled for September 9, 2019 (today). Regarding agency comments, she noted that the Grey Sauble Conservation Authority (GSCA) commented that, if the retained parcel is to be rezoned in the future, an Environmental Impact Study (EIS) may be required. 

There were no comments from Council or the public in regards to the application. 

Moved by L. Golden Resolution #27-03-2019 Seconded by M. Myles 

THAT Zoning By-law Amendment Z-43-19.62 for the properties described as Concession 3 EBR Part Lot 26 and Concession 4 EBR Part Lot 26 (Eastnor) be approved and the necessary by-law be forwarded to Council for adoption.

Carried 

Councillor Mielhausen resumed his participation in the meeting at this time.

DELEGATION

There is no Delegation for Council Meeting No. 19-27, September 9, 2019.

CONSIDERATION OF AGENDA ITEMS

1. Public Works Department Report No. PW 19-27

RE: Tender PW 2019-05 

For the Rental of Tandem Snowplow Trucks with One-way Plow, Wing and Sander with Operator and the Rental of a Sidewalk/Parking Lot Blower and Sander with Operator

Councillor Myles questioned the change from Municipal staff to contractors in the Pike Bay area. She asked how staff determines what work is contracted out and what work is completed by Municipal staff. Mr. Jones, CAO, advised that he will speak with Mr. Cameron, Public Works Manager, and bring a Staff Report back to Council in response to Councillor Myles’ questions; however, Mr. Jones stated that the switch at Pike Bay was related to efficiency as the local contractor lives in the Pike Bay area. Councillor Myles further requested budget implications relating to the changes.

Moved by J. Mielhausen Resolution #27-04-2019 Seconded by M. Myles 

THAT Council receives Public Works Department Report PW 19-27 regarding the Tender PW 2019-05 For the Rental of Tandem Snowplow Trucks with One-way Plow, Wing and Sander with Operator and the Rental of a Sidewalk/Parking Lot Blower and Sander with Operator for three (3) winter seasons commencing 2019 and concluding 2022;

AND THAT Council, pending discussions and comments from today’s review, awards the Tender to the following individuals for a three (3) season term:

Cape Chin Area

Bernie Hellyer Construction

2019/2020 – $90.00/hr

2020/2021 – $92.50/hr

2021/2022 – $95.00/hr

Dorcas Bay Road Area

Rydall Contracting

2019/2020 – $100.00/hr

2020/2021 – $105.00/hr

2021/2022 – $110.00/hr

Tobermory Tractor and Blower and Sidewalk Maintenance 

Rydall Contracting

2019/2020 – $89.00/hr, $45.00/hr for handwork

2020/2021 – $89.00/hr, $46.00/hr for handwork

2021/2022 – $90.00/hr, $47.00/hr for handwork

Pike Bay Area

Terry Liverance 

2019/2020 – $98.00/hr

2020/2021 – $99.50/hr

2021/2022 – $101.50/hr

Carried

2. Building Department Report No. 19-31 

RE: August 2019 Building Report

Mr. Jones informed Council that the Building Department has issued higher numbers of building permits in the past few years and the Department is operating at its peak. He explained that the Ontario Building Code states that a permit cannot take any longer than ten (10) days to be issued from the date a complete application is received. Mr. Jones stated that the staff are generating a huge number of permits and keeping up with demand.

Moved by M. Myles Resolution #27-05-2019 Seconded by L. Golden 

THAT Council receives Chief Building Official Report No. BD 19-31, relating to the August 2019 Building Report, as information.

Carried

3. Clerks Department Report No. C 19-53 

RE: Request from Bruce Stickney, Land Use Planning Manager, to recommend one (1) Member of Council to County of Bruce Natural Heritage Study (NHS) Steering Committee

Council agreed to defer this agenda item to the September 23, 2019 Council Meeting so that Deputy Mayor Myles is able to participate in the discussion/decision process.

Moved by L. Golden Resolution #27-06-2019 Seconded by J. Mielhausen 

THAT Council hereby defers the selection of one (1) member of Council for appointment o the County of Bruce Natural Heritage Study (NHS) Steering Committee;

AND THAT the Clerk advises the County of Bruce Planning Department accordingly of Council’s choice once the selection has been made.

Carried

4. Chief Administrative Officer Report No. CAO 19-26

RE: Manager of Community Services Hiring Committee

Councillors Myles and Mielhausen both volunteered to sit on the Manager of Community Services Hiring Committee.

Moved by J. Mielhausen Resolution #27-07-2019 Seconded by M. Myles 

THAT Council receives CAO Report 19-26, as information;

AND THAT Council appoints Councillors Mielhausen and Myles to the Manager of Community Services Hiring Committee.

Carried

5. Chief Administrative Officer Report No. CAO 19-27 

RE: Memorandum of Agreement for Planning Services Between the Municipality of Northern Bruce Peninsula and Grey Sauble Conservation Authority

A brief discussion ensued with regards to the Agreement.

Moved by M. Myles Resolution #27-08-2019 Seconded by J. Mielhausen

THAT Council enters into an agreement with the Grey Sauble Conservation Authority (GSCA) for the provision of services pertaining to planning act applications;

AND THAT all fees associated with the agreement are paid for by the planning application applicant, and not by the Municipality of Northern Bruce Peninsula (MNBP);

AND THAT the agreement has a six (6) month termination notice period and a commitment to review the agreement one (1) year after it comes into effect.

Carried

6. Ad Hoc Museum Committee Minutes

RE: Meeting No. 19-06, September 3, 2019

Council discussed some items in the minutes, specifically the proposed tourist cabin restoration/relocation project. The project includes the donation of two (2) cabins; however, only one (1) cabin is planned to be on site and useful materials from the second cabin can be used to make improvements to the chosen cabin. 

Councillor Myles asked to be notified if the Museum Committee wishes to invite other Council members to the volunteer luncheon/meeting.

Moved by L. Golden Resolution #27-09-2019 Seconded by J. Mielhausen

THAT Council does hereby adopt the Ad Hoc Museum Committee Minutes dated September 3, 2019, as circulated, and approves all actions contained therein.

Carried 

7. Accounts Payable Voucher 

RE: August 2019

Moved by M. Myles Resolution #27-10-2019 Seconded by L. Golden

THAT Council receives approved Accounts Payable Voucher, August 2019, in the amount of $1,304,887.90. Carried 

OTHER BUSINESS

Councillor Golden advised that she was contacted by a resident regarding the off-season/resident rate at the Tobermory Harbour. She said that the resident was informed that the off-season/resident rate is no longer available for this fall in spite of the fact that he/she purchased at that rate this past spring. Councillor Golden expressed concern with this change as availabilities in the harbour should be filled if there is a demand, extra income can be generated for the Municipality and the locals should have the opportunity to take advantage of the off season/resident rate. 

Mr. Jones was unsure as to why this change to the Fees and Charges By-law was made. He stated that he would speak with Mr. Tigert in this regard and bring a Staff Report to Council. 

Councillor Myles spoke on her interest in increasing occupancy in the harbours in the spring and fall months.

Councillor Mielhausen stated that he supports Bruce Anchor in regards to its use of the Big Tub water lot. He further said that there has always been a commercial business operating from that location and Council should support Bruce Anchor.

Councillor Myles requested that Council revisit the idea of video recording of Council meetings which she noted will require audio/visual improvements to the Council Chambers. She stressed the importance of this as two thirds of Northern Bruce Peninsula taxpayers are seasonal and the working population has difficulty attending meetings during the day. She commented that this initiative would make the meetings more accessible and transparent and further, that the audience generally has trouble hearing at Council meetings. 

Council and Mr. Jones discussed what they wish to see regarding audio/visual improvements. Council mentioned television monitors on various walls as well as lighting to support a photo area. Mr. Jones stated that he will work on this and submit a Staff Report by year end. 

Mayor McIver asked Mr. Jones for an update on the goose problem at the Lion’s Head Beach. Mr. Jones informed Council that he has made a few contacts such as with the Grey Sauble Conservation Authority as it relates to the development of a Goose Management Plan as well as obtaining permit details from the Federal Government, all of which he will encompass in a report to Council. 

Councillor Golden said that Council should be looking at the Parks Canada preliminary drawings for Emmett Lake and Little Cove Roads and the draft agreement. Mr. Jones responded that he will bring that information to the September 23, 2019 Council Meeting in a staff report. He further noted that the Establishment of a National Park and National Marine Park Agreement dated July 20, 1987 will be the topic of the November 18, 2019 Special Council Meeting. Mr. Jones noted that he would invite Parks Canada Superintendent, John Haselmeyer, to the September 23, 2019 Council meeting.

Councillor Golden spoke to the high traffic that the Big Tub Lighthouse is experiencing. She questioned the responsibility for the washrooms and parking, whether it be that of the Municipality, Parks Canada or the Department of Fisheries and Oceans (DFO). Mr. Jones stated that Transport Canada owns the Big Tub Lighthouse property. It was noted that Parks Canada will not take the responsibility for provision of washrooms and refuse containers at this location and the Municipality collects parking revenues from Big Tub Road. 

The upcoming Special Council Meetings were discussed as follows:

Monday, September 16, 2019 at 9:00 a.m. – Asset Management 

Tuesday, October 15, 2019 at 9:00 a.m. – Strategic Plan

Monday, November 18, 2019 at 9:00 a.m. – Agreement – Federal and Provincial Governments – Establishment of a National Park and a National Marine Park signed July 20, 1987 

Councillor Golden recommended that the November 18, 2019 Special Council Meeting include Council only while a meeting on the topic of this Agreement with Parks Canada present be scheduled at a subsequent meeting. Council concurred. 

Councillor Mielhausen inquired on the plan for filling the vacancy of the recent Public Works employee resignation. The CAO stated that a Public Works staff member did resign and it is his wish to see the position filled and he then provided his reasoning. Some discussion ensued relating to the current Public Works staff complement, the question whether contracting these positions may be cheaper for the Municipality, the job descriptions for the positions and this being a union regulated environment. It was suggested that Mr. Cameron, Public Works Manager, speak to this matter at the next Council meeting. 

CORRESPONDENCE

1. Eric Lane- Concern for the safety of pedestrians and cyclists in and around Tobermory- discussion ensued and the item was referred to Troy Cameron, Public Works Manager, for consideration of sign installation

2. Paul Byers- status of the reconstruction of the Stokes Bay (Heron Point) Bridge and concerns- referred to Public Works to respond to Mr. Byers and also with a request for a communications plan pertaining to the current status of projects that Council is able to access

3. Bruce County Media Release- Oswald Bridge Official Opening and Renaming Ceremony- Saturday, September 14- noted and filed 

4. Us and Them Workshop- Tues, Oct 1, 2019- Grey Bruce One World Festival- How do we build an inclusive and welcoming Grey Bruce- noted and filed

5. SWIFT News- August 2019- noted and filed

6. Sylvia Jones, Solicitor General- Regulation O. Reg. 377 18- noted and filed

7. Grey Bruce Health Services- MRI- Donor Update- noted and filed

8. Jeanne Harfield- Ensuring Safety on Family Farms- noted and filed

9. Town of Wasaga Beach- supporting the Township of McKellar’s resolution in regards to Municipal Amalgamation- noted and filed

Moved by L. Golden Resolution #27-11-2019 Seconded by M. Myles 

THAT the correspondence items be received for information, as printed and circulated.

Carried

READING OF BY-LAWS

Moved by J. Mielhausen Resolution #27-12-2019 Seconded by M. Myles 

THAT the following listed by-laws be given 1st, 2nd and 3rd reading and enacted:

2019-83 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA HELD MONDAY, SEPTEMBER 9, 2019

Carried

CLOSED SESSION

Mayor McIver advised that Council was moving into Closed Session pursuant to Section 239(2) of The Municipal Act, 2001, S.O 2001, as amended, for the following reasons: a) a proposed or pending acquisition or disposition of land by the Municipality or local board (Tackabury Street); and d) labour relations or employees negotiations, b) personal matters about an identifiable individual including Municipal or local board members (departmental restructuring). 

Moved by L. Golden Resolution #27-13-2019 Seconded by M. Myles 

THAT Council move into closed meeting at 2:18 p.m. pursuant to Section 239 of The Municipal Act, 2001, as amended, for the following reasons: a) a proposed or pending acquisition or disposition of land by the Municipality or local board (Tackabury Street); and d) labour relations or employees negotiations, b) personal matters about an identifiable individual including Municipal or local board members (departmental restructuring). 

Carried

RECONVENE FROM “CLOSED SESSION” TO RESUME COUNCIL MEETING

Moved by L. Golden Resolution #27-14-2019 Seconded by J. Mielhausen

THAT Council reconvene from Closed Session and resume the Council meeting at 2:26 p.m. 

Mayor McIver indicated that, with respect to Sections 239(2)(a) relating to Tackabury Street, direction was given to staff.

The Clerk then read the following resolution as presented:

Moved by L. Golden Resolution #27-15-2019 Seconded by M. Myles

THAT Council approved the hiring of a Manager of Community Services at its regular meeting on Monday, August 12, 2019 by way of Resolution #24-14-2019.

AND THAT Council acknowledges and approves that, as a result of this hiring, a departmental restructuring relating to job duties and remuneration will be required for Parks and Facilities staff.

Carried

ADJOURNMENT 

Moved by L. Golden Resolution #27-16-2019 Seconded by M. Myles 

THAT the meeting adjourns at 2:28 p.m.

Carried