Mayor Milt McIver, Deputy Mayor Debbie Myles, Councillor Laurie (Smokey) Golden, Councillor Megan Myles, Councillor James Mielhausen
Bill Jones, Chief Administrative Officer, Mary Lynn Standen, Clerk, Cathy Addison, Deputy Clerk, Tessa Swanton, Administrative Assistant, Teresa Shearer, Treasurer, Wendy Elliott, Chief Building Official, Carol Hopkins, By-law Enforcement Officer, Troy Cameron, Public Works Manager, Wilf Barnes, Fire Chief
Amanda Herbert, Bruce County Planning, Dianne Thomson, Woodlands Trail Association, Luiza Adsett and Jim Johnson, Waste Management, Sue Lessard, David Woodward, Lawyer, Nick Lovell, Municipal Lawyer
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.
APPROVAL OF THE AGENDA
Moved by J. Mielhausen Resolution #33-01-2019 Seconded by L. Golden
THAT the content of the agenda be approved as presented.
ADOPTION OF THE MINUTES
Re: Special Council Meeting No. 19-31, October 15, 2019 and Council Meeting No. 19- 32, October 15, 2019
Moved by D. Myles Resolution #33-02-2019 Seconded by L. Golden
THAT the minutes of Special Council Meeting No. 19-31, October 15, 2019 and Council Meeting No. 19-32, October 15, 2019 be approved as printed and circulated.
Notice of Complete Application and Public Meeting- Proposed Zoning By-law Amendment
Planning Report- Amanda Herbert
RE: Zoning By-law Amendment Z-68-16.68
Owner: 747101 Ontario Inc. c/o Brent Robins
Not yet assigned, Highway 6
Mayor McIver welcomed Amanda Herbert, Planner with Bruce County Planning, to the meeting. Ms. Herbert provided a brief background on the zoning by-law amendment file. She indicated that the owner is seeking approval for a lot addition, as the lot addition was previously approved twice but has lapsed both times. She explained that the proposal is to permit a grocery store. Ms. Herbert further advised that, when reviewing the application, it was apparent that the 2017 by-law map schedule overlooked the C1-a-4-2017 zone on a portion of the lands intended to be used as a grocery store parking lot.
The Planner informed the public to sign in on the public registry to note their presence at the meeting and preserve their appeal rights in regards to the application. Ms. Herbert pointed out the area that was missed on the map schedule of the 2017 by-law. She noted that the mapping correction is an administrative change as the lands were intended to be included.
Mayor McIver opened the floor to the public for any comments/questions regarding the above application. With no members of the public wishing to speak on the application, Ms. Herbert presented the following recommendation:
Moved by J. Mielhausen Resolution #33-03-2019 Seconded by M. Myles
THAT Council approves Zoning By-law Amendment Z-54-19.68 as attached and the necessary by-law be forwarded to Council for adoption.
Woodlands Trail Association- Dianne Thomson
RE: request for sponsorship by MNBP in order to apply for funding from Community Foundation Grey-Bruce and Ontario Trillium Foundation
Dianne Thomson, on behalf of the Woodlands Trail Association, was welcomed by Mayor McIver. Ms. Thomson introduced David Knowles who would be joining her for the presentation.
Background information on the project was outlined including that the group is very thankful from the funds the Municipality has granted and they have been working on making their goal a success. Which is to develop a sustainable trail, with no motor vehicles permitted, in the Miller Lake area, intended to provide a “positive and healthy outdoor experience for local residents”. Ms. Thomson emphasized that the trail will have minimal impact on natural systems and will not negatively affect animals.
Ms. Thomson then displayed a map of the proposed trail with the various colour coded sections. Some sections include loops at each end of the trail and two (2) bridge crossings.
Project stages and applicable costs were also presented. The approximate cost of Stage 1, the two (2) accessible loops, was estimated at $100,080. This stage includes 408 metres at Tammy’s Cove Road and 600 metres at Maple Drive. To link the loops to one another, the cost of this part of the project was presented at $48,000 and would cover 3200 metres of trail.
Ms. Thomson summarized the group’s plan for risk management. She stated that the group would acquire insurance for landowners, volunteers and the Association, appropriate signage would be implemented, signs along the path showing a map of the trail would be posted and the trail would be monitored on a fixed schedule by the twenty-six (26) resident volunteers.
Ms. Thomson indicated that the Woodlands Trail Association has met with the Miller Lake Community Group and has obtained over fifty (50) supporters and responded to three (3) letters of objection to the project.
Ms. Thomson requested sponsorship from the Municipality in order to receive funding from Community Foundation Grey Bruce and the Ontario Trillium Foundation. She advised that the Municipality would not be able to apply to the Ontario Trillium Foundation for another grant in 2020 if they take administrative lead for this project.
Mayor McIver asked Ms. Thomson if she is aware of the cost for insurance. Mr. Knowles said that the International Mountain Biking Association is a reasonable insurer, only costing about $400-600 per year for 5 million dollars liability coverage.
Ms. Thomson noted that most concerns were in regards to parking on the road and to fix this problem she has arranged for off-road parking with approvals from landowners. She further said that they want to apply for charitable organization status in order to be able to give charitable donation receipts.
Mayor McIver inquired on the agreement the Association would have with landowners. Ms. Thomson stated that the agreement would last until such time as the Association or landowner determines it is no longer feasible, ultimately the agreement is controlled by the landowner. She noted that about eleven (11) landowners are involved and if a landowner does not want to be part of the trail at any point, the trail could be rerouted.
Councillor Myles asked Ms. Thomson what her projections are for ongoing costs and if they are required to match any funds in order to apply for the grants. Ms. Thomson said that the trail will be maintained by volunteers with minimal maintenance on the bridges needed. They determined costs would be very minimal. She further said that they are not expected to match any funds in order to apply for grants.
Councillor Mielhausen questioned how the group plans on keeping the trail for local use only. Ms. Thomson said that the trail will not be advertised and robust monitoring will take place in the summer months.
Mayor McIver thanked Ms. Thomson and Mr. Knowles for their presentation and instructed the CAO to prepare a report to be brought forward to Council on the request from the Woodlands Trail Association. The report is planned to be presented at the November 12, 2019 regular Council Meeting.
Waste Management of Canada Corporation- Luiza Adsett
RE: request for a one-year extension of curbside and bin services of waste and recycling
Luiza Adsett, Senior Manager, Public Affairs, was welcomed to the Council meeting. Ms. Adsett also introduced Jim Johnson who will be joining her during their presentation on behalf of Waste Management. She began the presentation by stating that Waste Management is happy to service Northern Bruce Peninsula (NBP) and would like to continue.
Ms. Adsett indicated that there has been a large focus on sustainability in the last decade. She also mentioned that their Mount Forest location has converted to compressed natural gas.
Current events in the recycling world were displayed by Ms. Adsett. She mentioned that recycling plants are having difficulty keeping up with packaging coming into the system and it is challenging to find markets willing to pay for materials.
Ms. Adsett described the recycling market crisis. She indicated that China has become the primary market for recyclables over the past twenty (20) years. She noted that liquid residue is found in recycling and it is important to make sure that materials are clean at the user level.
Councillor Golden requested clarification on the reasoning behind shipping recycling over seas. Ms. Adsett informed that there are not enough companies in Ontario and North America that are interested in using the recycled content. She also said that it is cheaper to export recycling over seas for processing.
Ms. Adsett emphasized the harmful effects of the plastic bag noting they cause litter in landfills, impact wildlife and plants and cause issues when sorting in the plants. She mentioned the biggest challenge they face is dealing with food and liquid waste.
In terms of Waste Management in Northern Bruce Peninsula, Ms. Adsett indicated that they increase the amount of trucks used for weekly collection in the summer months, and further increase by one (1) truck after a long weekend. Once collected, recycling is transferred from their Mount Forest location to Burlington as they have more processing technology at that facility.
Councillor Myles inquired on Ms. Adsett’s knowledge of plastic bag bans. Ms. Adsett said that the bans are mostly found in the United States but are becoming more popular.
Mayor McIver asked about contamination rates. Ms. Adsett noted that there is generally a higher contamination rate of recycling found in urban cities, such as Toronto. She estimated NBP’s contamination rate to be around the 10% mark.
Councillor Myles brought up the waste audit that was discussed at the Waste Management and Diversion Committee meeting including that an audit in the summer and winter months would be beneficial for comparison. Ms. Adsett recommended that a waste and recycling audit be conducted and further, that the audits would be beneficial to the Municipality.
Councillor Golden asked Ms. Adsett about the sorting that the drivers perform when collecting. Ms. Adsett responded that the drivers do not curbside sort in NBP as recycling is a single stream program. She said that Waste Management encourages sorting to be completed by technology once collected.
Councillor Myles enquired on Ms. Adsett’s mention of compressed natural gas being utilized. Ms. Adsett indicated that the use results in an 80% reduction in carbon dioxide impacts and is much quieter.
Mayor McIver thanked Ms. Adsett and Mr. Johnson from Waste Management for presenting.
Delegation #3- David Woodward, Sue Lessard, Lawrence Sauer, Brian, Emily and Elizabeth Gould
RE: request for Council to direct Bill Jones to fully enforce and prosecute the violators for by-laws being violated
Sue Lessard and Lawrence Sauer appeared before Council along with their lawyer, David Woodward, and Brian Gould, owner of 704 Spry Road, who both participated by telephone.
Mr. Woodward stated that, over the past ten (10) years, his clients have sent numerous emails and photos to municipal staff (the CAO and By-law Department) and have had meetings over the telephone and in person. Mr. Woodward advised that the 2010 Council was also aware of the issues. He then made reference to two (2) meetings, one on December 9, 2013 and the most recent taking place on March 5, 2019. Mr. Woodward indicated that the purpose of the presentation today is to persuade Council to direct Municipal staff to fully enforce Municipal by-laws in respect to his client’s concern with the property of concern on Spry Road.
Mr. Woodward stated that Lawrence Sauer and Sue Lessard are owners of 720 Spry Road and Brian, Emily, and Elizabeth Gould are owners of 704 Spry Road. He mentioned that both properties are zoned R2 (Resort Residential) along with the subject neighbouring property.
Mr. Woodward proceeded to quote Section 6.10.5 from Comprehensive Zoning By-law 2002-54. He stated that the contractors shop located on the property of concern is almost three times as large as the maximum permitted size of 592 square feet referenced under this Section.
The next Section 6.10.6 was quoted from By-law 2002-54 by Mr. Woodward. He stated that the property of concern has two (2) signs at the roadway, when this section only permits a sign attached to the main residence. However, according to Mr. Woodward, the signs have recently been removed.
Mr. Woodward referenced Section 6.10.7 of By-law 2002-54. He stated that heavy equipment is regularly located on the property, including two (2) 500-gallon diesel tanks, which does not comply with Section 6.10.7.
Section 6.10.9 was quoted by Mr. Woodward. He indicated that the property of concern has compromised the residential character of the dwelling unit and is not consistent with the residential character of the neighbourhood.
Mr. Woodward spoke on Section 6.10.10 from Zoning By-law 2002-54. He stated that the processing and retailing of firewood, repairs to equipment and spray painting of commercial equipment are all contraventions of this Section.
Section 6.29.1 was the next section Mr. Woodward addressed from By-law 2002-54. He advised that there are often two (2) commercial vehicles parked on the property, sometimes more.
Mr. Woodward then addressed property standards issues on the subject property. By-law 2018-36 was referenced. Section 2.2(a) was quoted by Mr. Woodward and he said that the current impact on the yard is unsightly. Section 2.3 relating to the outdoor storage of materials was referenced and Mr. Woodward indicated that commercial snowblower attachments, front end loader attachments and two (2) 500-gallon diesel tanks are present on the property, but are not permitted.
Section 2.8 and Section 2.9(d) were the final Sections of the Property Standards By-law addressed by Mr. Woodward. He advised that aggregate is being left uncovered on the property and this Section stipulates that no fill shall be left uncovered.
The Noise By-law was then focused on by Mr. Woodward. Mr. Woodward mentioned the following violations of By-law 2018-37 taking place on the subject property: heavy equipment engines revved regularly, diesel fumes from heavy equipment, operation of vehicles beginning as early as 6:00 a.m. seven days a week, backup alerts, air brakes, gear shifting, idling and the loading and unloading equipment.
Mr. Woodward said that the contraventions are ongoing and unrelenting. He stated that the contraventions are interfering with his client’s enjoyment of their retirement and is preventing the Gould’s from considering development on their vacant property.
A timeline depicting the extended history of the issue was presented. The timeline began in 1997, and since then nine (9) compliance letters have been sent by Municipal staff. Ms. Lessard noted that, from 2014-2019 when emails were being sent from herself to Municipal staff, no compliance letters were being sent to the property on Spry Road.
Mr. Woodward expressed concern with materials that were not released to himself or his client as a result of their MFIPPA request specifically the presentation given on March 5, 2019.
Mr. Woodward then listed the following impacts this issue has had on his clients: the Gould family not wanting to invest in developing their property, daily noise from equipment, diesel fumes, thousands of dollars spent on soil and trees in attempt to mitigate the issues and thousands of dollars spent on lawyer representation.
Recent communications with Mr. Lovell, Municipal lawyer, were noted by Mr. Woodward. He further discussed the responsibility of the Municipality to enforce its by-laws.
Mr. Woodward concluded his presentation by requesting Council to instruct Municipal staff to enforce the Municipality’s by-laws or have his clients sue for damages they are sustaining as a result.
Ms. Lessard indicated that staff and Council have copies of relevant information pertaining to the problem.
Deputy Mayor Myles stated that she is disappointed that Council has not been included in these discussions. She asked if it would not make sense when taxpayers dollars are being spent that all of Council should be involved in discussions not just certain individuals?
Ms. Lessard and Mr. Woodward requested an answer to their concerns of by-law non-compliance on the subject property within thirty (30) days.
CONSIDERATION OF AGENDA ITEMS
1. Public Works Department Report No. PW 19-34
RE: Waste Management Contract Extension
Councillor Myles discussed the possibility of using bags tags in NBP as all other Bruce County municipalities use that system. Mayor McIver said that a staff report on the use of bag tags can be brought forward if requested by Council.
Moved by J. Mielhausen Resolution #33-04-2019 Seconded by M. Myles
THAT Council receives Public Works Department Report PW 19-34 as information as it relates to Waste Management Curbside Waste and Recycling Collection and Waste and Recycling Containers Contracts.
AND THAT Council allows a one-year extension of its Curbside Waste and Recycling Collection and Waste and Recycling Containers Contracts with Waste Management of Canada Corporation due to the significant but unknown impending changes to the Blue Box program.
2. Public Works Department Report No. PW 19-35
RE: Tobermory Snowmobile Club Requests
Councillor Golden expressed her concern with the kilometres of brush along Little Cove Road. She requested that if brushing is permitted on Municipal roadways by the Snowmobile Club, then the brush shall be cleaned up, removed or chipped.
Councillor Myles requested to be circulated a copy of the signage that is planned to be placed at Brinkman’s Corners. Mr. Cameron said that he would prepare a letter to the Snowmobile Club regarding Councillors Myles’ and Golden’s requests.
Moved by D. Myles Resolution #33-05-2019 Seconded by L. Golden
THAT Council receives Public Works Department Report PW 19-35 and gives direction on how to proceed with two Tobermory Snowmobile Club Requests.
3. Treasury Department Report No. TR 19-29
RE: Property in Gauley’s Bay (Island 71A)
Moved by J. Mielhausen Resolution #33-06-2019 Seconded by M. Myles
THAT Council receives Treasurer’s Report TR19-29 as information regarding the property owned by Carl and Shirley Lancucki; and
THAT Council approves the transfer of the property to the Northern Bruce Peninsula with all costs being the responsibility of the Municipality and funded by the Tax Sale Reserve.
4. Deputy Clerk Report No. DC 19-09
RE: 2019 Accessibility Compliance Report
In response to an enquiry from Councillor Myles, Cathy Addison, Deputy Clerk, advised that top priorities for accessibility will be brought forward in the 2020 Budget.
Moved by L. Golden Resolution #33-07-2019 Seconded by D. Myles
THAT Council receives Deputy Clerk Report DC 19-09 as information, as it relates to 2019 Accessibility Compliance Report.
5. Clerks Department Report No. C 19-62
RE: By-law No. 2019-05 – Adoption of a Video Surveillance Policy
Moved by L. Golden Resolution #33-08-2019 Seconded by J. Mielhausen
THAT Council supports the adoption of a Video Surveillance Policy for the Municipality of Northern Bruce Peninsula;
AND THAT Council acknowledges the importance of balancing an individual’s right to privacy and the safety and security of the Municipality’s employees, clients, visitors, assets and Municipally-owned and leased properties;
AND THAT Council will give consideration to passage of By-law No. 2019-05, being a by-law to adopt a Video Surveillance Policy for the Municipality of Northern Bruce Peninsula, at its regular meeting on Monday, December 16, 2019.
6. Chief Administrative Officer Report No. CAO 19-33
RE: Municipal Innovation Council
Mr. Jones informed that six (6) other municipalities have agreed to be part of the Municipal Innovation Council.
Councillor Golden stated that she is unclear as to the direct benefits that the MIC will provide to the Municipality.
Councillor Myles listed some examples of topics that the MIC could focus on and how the topics could be linked to costs savings within the Municipality.
Moved by J. Mielhausen Resolution #33-09-2019 Seconded by M. Myles
THAT Council receives CAO Report No. 19-33 in regards to the Municipal Innovation Council;
AND THAT Council directs staff to defer participation in the Municipal Innovation Council as a three (3) year pilot project in partnership with the Nuclear Innovation Institute and additional municipal partners to 2020 Budget deliberations.
7. Physician Recruitment and Retention Committee- Minutes
RE: Meeting No. 19-03- October 23, 2019
Councillor Myles extended her congratulations to Drs. Elaine Blau, Allison Appleton, Shannon Vanderstelt and George Harpur for their recent accomplishments.
Moved by D. Myles Resolution #33-10-2019 Seconded by L. Golden
THAT Council does hereby adopt the Physician Recruitment and Retention Committee Minutes, dated October 23, 2019, as circulated, and approves all actions contained therein. Carried
8. Resolution- Township of Puslinch
RE: Provincial Policy Statement Review of Proposed Policies
Moved by L. Golden Resolution #33-11-2019 Seconded by J. Mielhausen
THAT Council receives the attached resolution, as information.
9. Resolution- Municipality of West Elgin
RE: Provincial Policy Statement
Moved by M. Myles Resolution #33-12-2019 Seconded by D. Myles
THAT Council receives the attached resolution, as information.
Councillor Golden advised that she attended a meeting with Bill Walker, MPP; Terry Bell, Councillor for the Town of South Bruce Peninsula and Janice Jackson, Mayor for the Town of South Bruce Peninsula. The meeting was regarding Safe Communities, specifically on the topic of safety on Highway 6. She said that during the meeting they discussed imposing the maximum fine for stunt driving, increasing drivers licence suspension for up to 6 months, vehicle impounding for 30 days, increase in air craft patrol and finding a way to target the Greater Toronto Area (GTA) as a large amount of stunt drivers are from that area. Councillor Golden advised that she may be bringing a motion regarding Highway safety to the next Council meeting.
Councillor Golden informed that she was appointed to the Niagara Escarpment Commission Committee. Councillor Mielhausen advised that he was appointed to the Bruce County Land Evaluation and Area Review (LEAR) Committee.
Councillor Myles requested that Council be informed of legal matters that the Municipality is involved in and the corresponding legal fees incurred. Mr. Jones advised that there will be a presentation to Council on this matter and the level of involvement between Council and by-law related concerns. He further noted that there is a yearly presentation to Council by the Municipal lawyer regarding outstanding legal files.
1. Downtown Tobermory Business Owners and Tobermory Residents- Petition to Prevent the Renewal of the Pilot Project Tobermory Harbour Sitting Area in its Current Location- Considerable discussion ensued with regards to the pilot project and the petition. Council received the correspondence as information at this time, as they are expecting a delegation from the Tobermory Chamber of Commerce on the pilot project in the near future.
2. Kathy Dimaline- Municipality’s purchase of 5 Heron Point Road- noted and filed
3. The Royal Canadian Legion Ontario Command- 7th Annual Military Service Recognition- request to purchase advertisement in Military Service Recognition Book
Moved by L. Golden Resolution #33-13-2019 Seconded by J. Mielhausen
THAT Council supports placing a ¼ page full colour advertisement at a cost of $570.00 plus tax in the Royal Canadian Legion’s 7th Annual Military Service Recognition Book.
4. Bayshore Broadcasting Corporation- request for support from Council for a Rebroadcasting Tower in Tobermory
Moved by L. Golden Resolution #33-14-2019 Seconded by D. Myles
THAT Council supports Bayshore Broadcasting Corporation in their efforts of adding a Rebroadcasting Tower in the area of Tobermory.
5. Patty Paraschak- request for consideration of some upgrades to improve the marina experience in Lion’s Head- forward to staff for future consideration
6. Bruce County- Matthew Meade- Proposed Changes to the Aggregate Resources Act- noted and filed
7. Join us for the first ever Accommodating Change, SON Natural Cultural Heritage Forum from November 13-15, 2019 at the Bruce County Museum and Cultural Centre- a Municipal staff member to attend
8. Community Safety and Well-Being Planning- Municipalities of Bruce and Grey- Minutes- September 27, 2019- noted and filed
9. Public Health- Grey Bruce Health Unit Annual Report 2018
10. Town of Ingersoll- Resolution regarding the continuation of mandatory and non- mandatory Upper Thames River Conservation Authority programming- noted and filed
11. The Municipality of West Elgin- Resolution No. 2019-530- Integrity Commissioner Matters- noted and filed
12. The Municipality of West Elgin- Resolution No. 2019-531- Municipal Amalgamation- noted and filed
Moved by L. Golden Resolution #33-15-2019 Seconded by D. Myles
THAT the correspondence be received for information, as printed and circulated.
READING OF BY-LAWS
Moved by J. Myles Resolution #33-16-2019 Seconded by M. Myles
THAT the following listed by-laws be given 1st, 2nd and 3rd reading and enacted:
2019-90 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA HELD MONDAY, OCTOBER 28, 2019
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: b) personal matters about an identifiable individual including Municipal or local board members, and, d) labour relations or employee negotiations, (Staff Performance Review and Appraisal and Staffing), and, c) a proposed or pending acquisition or disposition of land by the Municipality or local board (Tackabury Street) (5 Heron Point Road).
Moved by M. Myles Resolution #33-17-2019 Seconded by D. Myles
THAT Council move into closed meeting at 4:14 p.m. pursuant to Section 239 (2) of The Municipal Act, 2001, as amended, for the following reasons: b) personal matters about an identifiable individual including Municipal or local board members, and, d) labour relations or employee negotiations, (Staff Performance Review and Appraisal and Staffing), and, c) a proposed or pending acquisition or disposition of land by the Municipality or local board (Tackabury Street) (5 Heron Point Road).
RECONVENE FROM “CLOSED SESSION” TO RESUME COUNCIL MEETING
Moved by L. Golden Resolution #33-18-2019 Seconded by D. Myles
THAT Council reconvenes from Closed Session at 5:48 p.m. and resumes the Council meeting.
Mayor McIver announced that direction had been provided to staff and the following resolution was also presented:
Moved by M. Myles Resolution #33-19-2019 Seconded by D. Myles
THAT Council acknowledges that the purchase of the property situated locally at 5 Heron Point Road, Municipality of Northern Bruce Peninsula was finalized on Friday, September 6, 2019 at a cost of $350,000.00 plus disbursements in keeping with Resolution #12-04-2019 dated April 23, 2019 which unanimously approved by Council to pursue Alternative B (new permanent road) of the Heron Point Road Access Alternatives Report prepared by WSP.
Moved by L. Golden Resolution #33-20-2019 Seconded by J. Mielhausen
THAT the meeting adjourns at 5:49 p.m.