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

413

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, Cathy Addison, Deputy Clerk, Tessa Swanton, Administrative Assistant, Teresa Shearer, Treasurer, Marshall Tigert, Facilities Supervisor, Wendy Elliott, Chief Building Official

OTHERS PRESENT: Nil

DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF

Mayor McIver called the meeting to order at 1:18 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 D. Myles Resolution #29-01-2019 Seconded by J. Mielhausen

THAT the content of the agenda be approved as presented.  Carried

ADOPTION OF THE MINUTES

Re: Council Meeting No. 19-27, September 9, 2019 and Special Council Meeting No. 19-28, September 16, 2019

Moved by M. Myles Resolution #29-02-2019 Seconded by J. Mielhausen

THAT the minutes of Council Meeting No. 19-27, September 9, 2019 and Special Council Meeting No. 19-28, September 16, 2019 be approved as printed and circulated. Carried

PUBLIC MEETING

There is no Public Meeting for Council Meeting No. 19-29, September 23, 2019.

DELEGATION

There is no Delegation for Council Meeting No. 19-29, September 23, 2019.

CONSIDERATION OF AGENDA ITEMS

1. Building Department Report No. BD 19-32

RE: No Demand for Services and Access Site Plan Control Agreement

AARON BLAIR 

Part Lot 6, Part Lot 7, Concession 13, EBR, (Eastnor), T/W R118049, Part 52, Plan 3R-143

Not yet assigned, fronting onto an unopened road allowance

Assessment Roll No. 4109 620 009 11751

PIN 33122-0270 (LT)

Moved by J. Mielhausen Resolution #29-03-2019 Seconded by D. Myles 

THAT Council approves the negotiation and registration of a No Demand for Services and Access Site Plan Control Agreement requested by Aaron Blair, owner of the property legally described as Part Lot 6, Part Lot 7, Concession 13, EBR, (Eastnor), T/W R118049, Part 52, Plan 3R-143 and located at not yet assigned, fronting onto an unopened road allowance, Municipality of Northern Bruce Peninsula. Carried

2. Building Department Report No. BD 19-33

RE: Lift Holding (H) Zone 

2627307 ONTARIO INC, Dean Hoareau

Plan 351 Lot 15 (St. Edmunds), 7459 Highway 6

Assessment Roll No. 4109 680 004 08900

Councillor Myles asked Chief Building Official, Wendy Elliott, if there were any other requirements pertaining to this process other than to lift the Holding Zone. Mrs. Elliott informed that the owner also has to entertain a Site Plan Control Agreement due to the commercial zoning of the property. The purpose of the Agreement is to show that they are complying with setback requirements as per the Zoning By-law. Mrs. Elliott further said that the owner has to comply with Ministry of Transportation (MTO) and Health Unit requirements. 

Moved by M. Myles Resolution #29-04-2019 Seconded by L. Golden

THAT Council supports the removal of the Holding “H” zone requested by Dean Hoareau, 2627307 Ontario Inc., owner of the property legally described as Plan 351 Lot 15 (St. Edmunds) and located at 7459 Highway 6, Municipality of Northern Bruce Peninsula;

THAT Council will consider entertaining the passage of By-law No. 2019-85, being a by-law to lift the Holding “H” zone symbol, at its regular Council meeting on Tuesday, October 15, 2019. 

Carried

3. Facilities Supervisor Report No. FS 19-13

RE: Municipal Truck Pricing

Councillor Myles requested that Mr. Tigert, Facilities Supervisor, provide fleet inventory and replacement schedule information, similar to the documentation that the Public Works Department provided to Council. Mr. Tigert indicated that he will provide that information. 

Brief discussion ensued between Council and Mr. Tigert regarding the current Parks and Recreation vehicles and their condition.

Moved by L. Golden Resolution #29-05-2019 Seconded by J. Mielhausen

THAT Council approves the purchase of a 2020 Ford F-150 4X4 from Peninsula Ford, for a fee of $31,597.00, excluding HST.

Carried

4. Treasury Department Report No. TR 19-22

RE: Physician Recruitment

Councillor Myles stated that she spoke to a local doctor and determined that the incentive payment is standard protocol; however, doctors also look at other aspects when deciding whether to move to a community, such as, quality of life and schools, both which are very important factors in addition to incentive payments. 

Moved by D. Myles Resolution #29-06-2019 Seconded by M. Myles 

That Council receives Treasurer’s Report TR19-22 regarding physician recruitment; and

That Council approves an incentive payment of $25,000 to Dr. Shannon May Louise Vanderstelt who has made a two year commitment to practice medicine in the Municipality. Carried

5. Deputy Clerk Report No. DC 19-06

RE: Potential Forest Hazard Classifications for Wildland Fire Information

Moved by L. Golden Resolution #29-07-2019 Seconded by J. Mielhausen

THAT Council receives Deputy Clerk Report DC 19-06 as information with respect to the Potential Forest Hazard Classifications for Wildland Fire mapping. Carried

6. Clerks Department Report No. C 19-54 

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

Moved by J. Mielhausen Resolution #29-08-2019 Seconded by M. Myles 

THAT Council hereby selects Deputy Mayor Debbie Myles for appointment to 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 advice.

Carried 

7. Chief Administrative Officer Report No. CAO 19-28

RE: Non-Peak Season Rates – Tobermory Harbour

Councillor Golden stated that she is unclear as to the reason for the change to the by-law why this change was not discussed with Council. 

Mr. Tigert indicated that the change was brought forward in the 2019 Fees and Charges By-law that Council reviewed and approved. He also stated that the off-season rates for the Tobermory Harbour were not popular. He further stated that the harbours were combined in the 2018 and all previous Fees and Charges By-law but in 2019, they were separated into two sections. 

Councillor Golden requested that the topic off-season rates at the Tobermory Harbour be brought forward during 2020 Fees and Charges discussion. 

Councillor Myles and Mr. Tigert also discussed rates in the Lion’s Head Harbour, where Mr. Tigert advised that there is a two-week off-season rate offered in Lion’s Head.

Moved by D. Myles Resolution #29-09-2019 Seconded by M. Myles

THAT Council receives CAO Report No. 19-28 as information;

AND THAT Council directs that the matter of a reduced rate at the Tobermory Harbour for the months of May, June, September and October only be included in the 2020 Fees and Charges By-law for Council’s consideration.  Carried

8. Chief Administrative Officer Report No. CAO 19-29

RE: Community, Culture and Recreation Grant Opportunity

Mr. Jones advised that the grant application is due November 9, 2019. He said that the two (2) choices he presented, the Lion’s Head Community Centre (Arena) and the Rotary Hall, are closer to being construction ready as preliminary planning has been done on both facilities. However, he said that if Council directs other choices to be brought forward, that can be done.

Mr. Jones stated that he spoke with Friends of the Lion’s Head Library recently and during the discussion they expressed concerns with accessibility and space issues at the Lion’s Head Library. 

The CAO explained that after a project is selected, Staff would prepare a financing report. He said that Council can decide to borrow money over time, borrow from reserves or a combination of both. He mentioned that if the Arena is chosen, accessibility issues with the basement changerooms may be a priority Council wishes to address. Mr. Jones advised that issues with the basement changerooms have been brought to Staff’s attention on multiple occasions. 

Councillor Myles indicated that she emailed some members of the community, and her findings suggested that most respondents were in favour of upgrades to the Arena. She listed ideas for the space and the current activities/groups that use the space often. She emphasized that the space offers great recreational opportunities for youth, but upgrades could be designed to better serve the senior population as well. Councillor Myles also mentioned partnership options, like Bruce County, if a library is incorporated into the upgraded facility. She mentioned her interest in the construction using sustainable, carbon neutral and more efficient materials. 

Mr. Jones informed Council that the pricing presented in the report is current. Mrs. Shearer, Treasurer, noted that if the project goes more over budget than what was presented and approved for the grant, then the Municipality is required to pay the additional costs.

Councillor Myles recommended that Council consider allowing the Friends of the Library to speak on this topic. 

Moved by M. Myles Resolution #29-10-2019 Seconded by L. Golden

THAT Council agrees to permit Isla Carmichael from Friends of the Lion’s Head Library to address Council regarding the grant opportunity and their concerns with the library.

Carried

Ms. Carmichael expressed concerns with accessibility and size in the library. She explained that the size limitations make it difficult to run programs as there is a lack of work space. She said that, if the vision for the Arena upgrades was to make the space into more of a community hall, then the library moving to that facility may be beneficial. Ms. Carmichael was directed to meet with the Friends of the Lion’s Head Library group and report back to Council/Staff with their input. 

Councillor Myles suggested Bruce County be contacted to see if they would be willing to provide capital funds for the project. Mayor McIver spoke on the importance that libraries have to their communities and noted that it is doubtful that the County will contribute any capital funds.

Mr. Jones advised Council that it would be difficult to hold a public meeting about the arena before the grant application deadline of November 9, 2019, as there needs to be public notice for the meeting and work on the application needs to begin. 

Councillor Golden stated that, if anything, she believes that the changerooms need to be relocated. Mayor McIver noted that he was leaning towards the Arena project. 

Mr. Jones was instructed to circulate information to Council that he has on the Arena project. 

Moved by J. Mielhausen Resolution #29-11-2019 Seconded by D. Myles 

THAT Council receives CAO Report No. 19-29 as information;

AND THAT Council supports proceeding with the Community, Culture and Recreation Grant opportunity based on Option #1(b) (relocation of change rooms/removing accessibility barriers at an estimated cost of $3.4 million) beginning with preparing the funding application and architectural renderings. 

Carried

9. Chief Administrative Officer Report No. CAO 19-30

RE: Tobermory Legion Walkway

Mr. Jones estimated the project will cost approximately $20,000.00 to complete noting that $10,000.00 is allocated for the work in the 2019 approved budget. 

Moved by L. Golden Resolution #29-12-2019 Seconded by D. Myles 

THAT Council receives CAO Report No. 19-30, as information;

AND THAT Council supports the completion of a new walkway and vestibule removal on the north side of the Tobermory Legion in 2020 and authorizes Staff to proceed with the engineering and design for the project.

Carried

10. Chief Administrative Officer Report No. CAO 19-31

RE: Request for Permanent Horseshoe Pits 

Mr. Jones said that the group is proposing six (6) permanent pits. Council discussed the horse shoe pit proposal and expressed concerns about permanent pits and the reduction of beach space on the already small beach.

Council then discussed a harbour management plan that would be a helpful tool when making decisions on the beach and harbour area in Lion’s Head and recommended that such a plan be considered during the 2020 budget deliberations.

Moved by D. Myles Resolution #29-13-2019 Seconded by J. Mielhausen

THAT Council receives CAO Report No. 19-31 as information;

AND THAT Council postpones the decision until such time as there is an opportunity to review the proposed harbour management plan. 

Carried

11. Waste Diversion and Management Committee

RE: Meeting No. 19-05, September 11, 2019

Mrs. Standen, Clerk, advised that Mr. Cameron, Public Works Manager, is in the midst of arranging a presentation to Council from Waste Management. 

Councillor Myles described the recent committee topics of discussion as a waste audit for summer and winter months, the phasing out of blue bins as per the provincial government’s direction, the increase in garbage collection from rental properties and the contamination percentage of recycling. 

Councillor Golden mentioned the possibility of a permanent location for hazardous waste or increasing the amount of hazardous waste days, as there is a high demand. 

Mr. Jones will provide a report from Mr. Cameron, Public Works Manager, that he completed a few years ago in regards to hazardous waste options, for Council’s information. Mr. Jones noted that the cost of a permanent hazardous waste disposal location is very expensive. 

Moved by J. Mielhausen Resolution #29-14-2019 Seconded by M. Myles 

THAT Council does hereby adopt the Waste Diversion and Management Committee Minutes dated September 11, 2019, as circulated, and approves all actions contained therein.

Carried

12. Resolution- Municipality of Kincardine

RE: Saugeen Valley Conservation Authority

Moved by J. Mielhausen Resolution #29-15-2019 Seconded by L. Golden

THAT Council receives the attached resolution, as information.

Carried

13. Resolution- Municipality of Chatham-Kent

RE: Funding Cuts to Legal Aid Ontario

Moved by L. Golden Resolution #29-16-2019 Seconded by M. Myles 

THAT Council supports a resolution from the Municipality of Chatham-Kent in regards to funding cuts to Legal Aid Ontario. 

Carried

14. Resolution- Township of Zorra

RE: Upper Thames River Conservation Authority

Moved by L. Golden Resolution #29-17-2019 Seconded by J. Mielhausen

THAT Council receives the attached resolution, as information.

Carried

15. Resolution- Township of Larder Lake

RE: Electronic Delegation

Moved by M. Myles Resolution#29-18-2019 Seconded by J. Mielhausen

THAT Council supports Resolution #17 from the Township of Larder Lake in regards to the Minister and the Premier offering electronic delegations to small and rural municipalities that do not have sufficient budget to attend conferences.

Carried

16. Resolution- City of Kitchener

RE: Producer Requirements for Packaging in Ontario

Moved by M. Myles Resolution #29-19-2019 Seconded by L. Golden

THAT Council supports a resolution from the City of Kitchener in regards to producer requirements for packaging in Ontario.

Carried

17. Resolution- City of Kitchener

RE: Single Use Disposable Wipes

Moved by L. Golden Resolution #29-20-2019 Seconded by J. Mielhausen

THAT Council supports a resolution from the City of Kitchener in regards to single use disposable wipes. 

Carried

OTHER BUSINESS

Lion’s Head Harbour Waiting List

Councillor Mielhausen advised that he was contacted by a gentleman who has been on the waiting list at the Lion’s Head Harbour for two (2) years and would like an update. Councillor Mielhausen was asked to provide Staff with details in order to follow-up. 

Bicycle Racks

Councillor Myles suggested a bicycle rack be purchased and placed at the Lion’s Head Library, as she has noticed often there are bikes laying on the ground. She recommended bicycle racks also be placed in some areas downtown in Lion’s Head and Tobermory. Council agreed with Councillor Myles.

Councillor Myles mentioned the early bird registration date for the upcoming ROMA conference (October 31, 2019). 

Councillor Myles also brought up the climate change strikes in the City of Owen Sound, one which already occurred this past Friday and one that is planned for this coming Friday. 

Tobermory Chamber Board Meeting Paid Parking Discussion

Councillor Myles advised that she attended a Tobermory and District Chamber of Commerce Board Meeting recently and the following points were discussed regarding paid parking in Tobermory:

How paid parking can be improved;

Paid parking revenues need to go back into the community;

There may be ways to make the program work better;

Councillor Myles was asked to provide the group with a breakdown of the revenues;

Determine busyness of areas/parking meters; and

Distribute a survey to business owners regarding paid parking for feedback.

Mayor McIver requested that Councillor Myles contact the Chamber to have them send their requests in writing.

Councillor Golden stated that she attended a Safe Communities Meeting and was curious if cuts to the Ministry of Transportation Ontario (MTO) would affect Highway 6 in Northern Bruce Peninsula. Councillor Golden said that the sides of Highway 6 to the north are crumbling and forcing bicyclists onto the roadway. 

Councillor Myles spoke on the fines generated from speeding on Highway 6 in Northern Bruce Peninsula. Council and Mr. Jones discussed OPP enforcement options, contract versus non-contract. 

CORRESPONDENCE

1. Karen G. Livick- Lion’s Head Beach- Staff to acknowledge 

2. Deryn Harkness- Northern Bruce Walkers- Request to waive fees for the remainder of the 2019 season at the Tobermory Community 

Moved by M. Myles Resolution #29-21-2019 Seconded by J. Mielhausen

THAT Council approves waiving fees for the rental of the Tobermory Community Centre for the remainder of 2019 for the Northern Bruce Walkers.

Carried

3. Graham and Deryn Harkness- objection to Bruce Anchor Cruises operating a tour boat business and shuttle service- Mr. Jones to reply 

4. Graham and Deryn Harkness- Concerns- Mr. Jones to reply 

5. Waste Reduction Week- October 21-27, 2019

Moved by M. Myles Resolution #29-22-2019 Seconded by J. Mielhausen 

THAT, as a Municipality, we are committed to reducing our waste, conserving resources and educating our community about sustainable living;

AND THAT we recognize the generation of solid waste and the needless waste of resources as global environmental problems and endeavour to take the lead in our community toward environmental sustainability;

AND THAT Council hereby proclaims the week of October 21 to 27, 2019 as Waste Reduction Week in the Municipality of Northern Bruce Peninsula.

Carried

6. Canadian Union of Postal Workers- Urge you to question the political parties on their intentions for Canada Post- noted and filed 

7. Ministry of Municipal Affairs and Housing- Update on the More Homes, More Choice Act, 2019- noted and filed 

8. Multi-Municipal Wind Turbine Working Group- Agenda for September 12, 2019 Meeting- noted and filed 

9. Multi-Municipal Wind Turbine Working Group- Minutes of July 11, 2019- noted and filed 

10. Lynn Szymeko- Climate Change- Electrical industry’s dirty secret boosts warning- noted and filed 

Moved by D. Myles Resolution #29-23-2019 Seconded by M. Myles 

THAT the correspondence items #1, #3-4 and #6-10 be received for information, as printed and circulated.

Carried

READING OF BY-LAWS

Moved by M. Myles Resolution #29-24-2019 Seconded by L. Golden

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

2019-81 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 – Lt 8 Pl 633 S/T R186754, 60 PARKER ISLAND ROAD (EASTNOR), MUNICIPALITY OF NORTHERN BRUCE PENINSULA

2019-86 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA HELD MONDAY, SEPTEMBER 23, 2019

Carried

CLOSED SESSION

There is no Closed Session for Council Meeting No. 19-29, September 23, 2019.

RECONVENE FROM “CLOSED SESSION” TO RESUME COUNCIL MEETING

There is no Closed Session for Council Meeting No. 19-29, September 23, 2019.

ADJOURNMENT 

Moved by D. Myles Resolution #29-25-2019 Seconded by L. Golden

THAT the meeting adjourns at 2:45 p.m.

Carried