Municipality Of Northern Bruce Peninsula Council Meeting Minutes November 12, 2019

351

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

STAFF PRESENT: 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 

OTHERS PRESENT: Chris Mercanti, Bruce Power 

DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF

Mayor McIver called the meeting to order at 1:07 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 with respect to Correspondence Item #1 “because I own and manage a tourist accommodation (hostel) in the Municipality of Northern Bruce Peninsula”. 

APPROVAL OF THE AGENDA

Moved by L. Golden Resolution #35-01-2019 Seconded by J. Mielhausen 

THAT the content of the agenda be approved as presented. 

Carried

ADOPTION OF THE MINUTES

Re: Council Meeting No. 19-33, October 28, 2019

Deputy Mayor Myles requested that the following statement be added to page 6, paragraph 8: “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?”

Councillor Myles requested that on page 4, paragraph 11, “carbon monoxide” be corrected to “carbon dioxide”. 

Moved by M. Myles Resolution #35-02-2019 Seconded by D. Myles 

THAT the minutes of Council Meeting No. 19-33, October 28, 2019 be approved as printed and circulated.

Carried

PUBLIC MEETING

There is no Public Meeting for Council Meeting No. 19-35, November 12, 2019.

DELEGATION

Delegation #1

Bruce Power- Chris Mercanti, Manager of Community and Indigenous Relations 

RE: Updates

Mayor McIver welcomed Chris Mercanti, Manager of Community and Indigenous Relations for Bruce Power, to the meeting. Mr. Mercanti summarized operational performance and advised that both Units 1 and 2 are completed. He noted that, as of August 15, 2019, Unit 1 set a record of 361 days of continuous operation while Unit 3 has generated an additional 22 megawatts of energy. 

Mr. Mercanti then outlined the Major Component Replacement (MCR). He advised that Unit 6 of the MCR will begin in January, 2020 and is a 13 billion private investment. Mr. Mercanti informed that 22,000 direct and indirect jobs will be created annually with 4 billion being put into the economy each year. He further said that 5,000 jobs, both direct and indirect, will be created during the MCR. He commented on the opportunities the project produces. 

The MCR’s were listed by Mr. Mercanti as follows: facilities and infrastructure, pressure tube replacement, calandria tube replacement, feeder tube replacement, steam generator replacement and bulkheads/infrastructure. 

Mr. Mercanti proceeded to speak on medical isotope leadership. He advised that Bruce Power partners with the Saugeen Ojibway Nation (SON) and will have the opportunity to participate in the development of a new form of medical isotope.

In regards to community engagement, Mr. Mercanti stated that there was a good turnout to the Bruce Power Block Party held in Kincardine with over 6,000 community members in attendance. He said that 100 students from Bruce, Grey and Huron Counties received scholarships of $500.00 in August, 2019. Mr. Mercanti also indicated that 12 indigenous students received scholarships through Indspire and other community engagement initiatives included the Spark Program (Tourism Innovation Lab), removal of the Truax Dam and the Bruce Power summer bus tour.

Mr. Mercanti summarized the Nuclear Innovation Institute (NII). He stated that Bruce Power is a founding member of the NII and wants to eventually convert to being a member and allow the NII to have its own management. 

Mr. Mercanti thanked Council for their time and opened the floor to any questions.

Mayor McIver asked Mr. Mercanti to highlight the initiatives of the NII. Mr. Mercanti said that the prime objective of the NII is nuclear innovation. He also mentioned professional collaboration, applied research and development of skilled trades.

Councillor Myles advised Mr. Mercanti of the recent delegation from Jessica Linthorne regarding the Municipal Innovation Council (MIC) and asked Mr. Mercanti if he had any expectation of what will transpire from the MIC. Mr. Mercanti stated that the MIC will band municipalities together on a regular basis, share best practices and learn from the NII’s work.

Mayor McIver thanked Mr. Mercanti for his presentation.

CONSIDERATION OF AGENDA ITEMS

1. Building Department Report No. BD 19-37

RE: October 2019 Building Report

Moved by J. Mielhausen Resolution #35-03-2019 Seconded by D. Myles 

THAT Council receives Chief Building Official Report No. BD 19-37, relating to the October 2019 Building Report, as information.

Carried

2. Treasury Department Report No. TR 19-30

RE: 2020 OMPF Allocation Notice

Moved by L. Golden Resolution #35-04-2019 Seconded by M. Myles 

That Council receives Treasurer’s Report TR19-30 as information regarding the Ontario Municipal Partnership Fund (OMPF) allocation for 2020.

Carried

3. Deputy Clerk Report No. DC 19-08

RE: Emergency Management Compliance Requirements for 2019

Moved by J. Mielhausen Resolution #35-05-2019 Seconded by M. Myles 

THAT Council receives Deputy Clerk Report DC 19-08 as information with respect to the Emergency Management and Civil Protection Act, R.S.O. 1990 and Ontario Regulation 380/04 – 2019 completion of necessary requirements, as information.

Carried

4. Clerks Department Report No. C 19-64 

RE: Bruce County File No. Z-54-19.68

Related File Nos.: Z-68-16.68 (Zoning By-law Amendment), B-75-19.68 (Consent), B-68-16.68 and B-45-18.68 (Lapsed)

747101 Ontario Inc. (c/o Brent Robins)

7357 Highway 6, Part Block 3, Part Farm Lot 3, Town Plot Bury, WBR, (St. Edmunds)

Assessment Roll Nos. 680-4-046-010/043

Moved by D. Myles Resolution #35-06-2019 Seconded by J. Mielhausen

THAT Council supports the passage of By-law No. 2019-89, being a by-law to amend the Municipality of Northern Bruce Peninsula Comprehensive Zoning By-law No. 2002-54, as amended, as it relates to property legally described as Part Block 3, Part Farm Lot 3, Town Plot Bury, WBR, (St. Edmunds) and situated locally at 7357 Highway 6. The zoning amendment by-law will correct an error on Schedule A of By-law No. 2017-04 by zoning a portion of the subject lands intended for a parking lot in the C1-a Special Zone and permit the construction of a grocery store. By-law No. 2017-04 will be rescinded on the next day following the expiry of the appeal period applicable to the passage of By-law No. 2019.89. 

AND THAT Council supports consideration of the passage of By-law No. 2019-89 at its regular meeting on Monday, November 25, 2019. 

Carried

5. Clerks Department Report No. C 19-65

RE: Voters List Update

Moved by L. Golden Resolution #35-07-2019 Seconded by D. Myles 

THAT Council receives Clerk Report C 19-65 as it relates to an update from the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) and from the Association of Municipalities of Ontario (AMO) regarding the announcement by the Minister of Municipal Affairs and Housing (MMAH) stating that the responsibility for the Municipal Voters List is proposed to be shifted from the Municipal Property Assessment Corporation (MPAC) to Elections Ontario.

Carried

6. Chief Administrative Officer Report No. CAO 19-35

RE: Miller Lake Woodlands Trail Association Proposal

Mr. Jones advised that he has been informed that the Ad Hoc Museum Committee may be interested in an Ontario Trillium Foundation grant application in 2020. Mr. Jones noted that only one (1) application can be submitted by the Municipality.

Councillor Myles questioned if anyone was aware of the deadline for the grant application as all options should be evaluated prior to consideration and disposition by Council. 

Mr. Jones estimated the deadline to be in the months of February or March 2020. 

Moved by M. Myles Resolution #35-08-2019 Seconded by J. Mielhausen

THAT Council receives CAO Report No. 19-35, as information;

AND THAT Council defers the submission of an Ontario Trillium grant application on behalf of the Miller Lake Woodlands Trail Association until such time as the grant application criteria is made available and other submission requests are reviewed by Council.

Deferred 

7. Chief Administrative Officer Report No. CAO 19-36

RE: Goose Management

Considerable discussion ensued in regards to goose management. Councillor Golden stated that she does not want children to get ill as a result of using the beach. 

Councillor Myles asked Mr. Jones if he had reached out to people in the community regarding goose management. Mr. Jones indicated that he had some informal discussion but is seeking direction from Council before having any formal conversations. Councillor Myles stated that any strategy used will have some degree of a negative effect on the community, such as drones interfering with enjoyment and privacy.

Deputy Mayor Myles said that the public feed the geese which also is a contributing factor to their presence at the beach.

Council discussed holding a public meeting on goose management in order to gain public input in regards to strategies on how to deal with goose management at the Lion’s Head Harbour. The CAO was instructed to investigate holding a meeting on December 11, 2019 for public consultation on this matter.

Moved by D. Myles Resolution #35-09-2019 Seconded by L. Golden

THAT Council receives CAO Report No. 19-36 relating to Goose Management, as information; 

AND THAT Council provides direction regarding the inclusion of lethal management tools in the proposed Municipal Goose Management Plan after the December 11, 2019 Public Meeting, time and location to be determined. 

Carried

8. Accounts Payable Voucher 

RE: October 2019

Moved by L. Golden Resolution #35-10-2019 Seconded by M. Myles 

THAT Council receives approved Accounts Payable Voucher, October 2019, in the amount of $824,135.40.

Carried

9. Minutes- Cemetery Committee

RE: Meeting No. 19-02, October 29, 2019

Councillor Myles discussed green/natural burials as noted in the minutes. She informed Council that the City of Owen Sound has proceeded with a naturalized cemetery where the cemetery will be treated more as a forest or park with little maintenance required.

Moved by J. Mielhausen Resolution #35-11-2019 Seconded by D. Myles 

THAT Council does hereby adopt the Cemetery Committee Minutes dated October 29, 2019, as circulated, and approves all actions contained therein.

Carried

10. Minutes- Waste Management and Diversion Committee

RE: Meeting No. 19-06, October 29, 2019

Mayor McIver referenced “notes from the field”. Councillor Myles indicated incorporating the “notes from the field” concept encourages Committee Members to research a waste management and diversion topic and present their findings to the Committee. 

Councillor Myles asked Council to inform her of any valuable projects that they may wish for the Committee to undertake.

Mayor McIver then referenced the “scheduling of visits” section of the minutes. Councillor Myles advised that their plan is to schedule a site visit for each of the listed waste management facilities. 

Moved by D. Myles Resolution #35-12-2019 Seconded by J. Mielhausen

THAT Council does hereby adopt the Waste Diversion and Management Committee Minutes dated October 29, 2019, as circulated, and approves all actions contained therein.

Carried

11. Resolution- The Town of Prescott

RE: Provincial Consultation on the Transformation of Building Services in Ontario

Mr. Jones advised that the Chief Building Official is getting herself familiarized with the changes. 

Moved by M. Myles Resolution #35-13-2019 Seconded by J. Mielhausen 

THAT Council receives the attached resolution, as information.

Carried

OTHER BUSINESS

Councillor Golden provided a brief update on her planned notice of motion regarding safety on Highway 6, specifically relating to increasing fines for stunt driving contraventions. She informed that Councillor Terry Bell in the Town of South Bruce Peninsula is currently working on motion to be brought forward to South Bruce Peninsula Council and is awaiting receipt of Councillor Bell’s motion in order to ensure they are on the same page when it comes to highway safety.

Councillor Myles discussed the Lion’s Head Lighthouse. She said that, according to an email she received, the Department of Fisheries and Oceans (DFO) is planning on closing in the lighthouse tomorrow to protect its electrical components. Mr. Jones stated that a report will be brought to Council in the future outlining options for the lighthouse. Councillor Myles expressed that the lighthouse is iconic to the area and best options for long-term viability need to be determined.

Councillor Myles expressed that she is concerned with the high-water levels that are currently being experienced and recommended that staff re-evaluate whether the docks at the Lion’s Head Harbour should remain in the water during the winter months or be removed. Mr. Jones stated that funds are spent on dock maintenance every year regardless of the decision to remove or not remove the docks. He said that staff are relied upon to weigh the pros and cons of each alternative and select the most cost effective and safest decision. Mr. Jones noted that staff have directed that, over the past few years, they have found less damage when leaving the docks in the water. Councillor Myles requested documentation supporting that decision including data and costs in the form of a report. 

Council and Mr. Jones proceeded to discuss the implications of high-water levels on Northern Bruce Peninsula (NBP). Discussion included talk on allocating funds and contingency plans.

Councillor Myles advised that she is attending the upcoming ROMA conference and asked if any other members of Council were attending and interested in working on a delegation for the conference. Mr. Jones advised that there is a housing meeting with Reverend Brad Inglis at the Tobermory United Church at 1:00 p.m. on Friday, November 15, 2019. Mr. Jones listed available topics for the ROMA delegation. Council briefly discussed affordable and attainable housing, funding sources for housing and determining the percentage of family incomes being spent on housing in NBP. It was determined that the ROMA delegation should address the lack of funding (for arena improvements) provided from the government despite multiple funding applications submitted over the past few years. 

Mr. Jones informed Council that Michael Wynia, consultant for the Short Term Accommodations Study, will be attending the December 16, 2019 Council meeting with an update. 

Mr. Jones advised that the grant application for the Lion’s Head Community Centre/Arena project was submitted yesterday and anticipates to hear back around February-April 2020.

Councillor Myles took her place in the audience at this time. 

CORRESPONDENCE

1. David O’Leary- concerns with 210 Cape Chin North Shore Road operating as an Airbnb- staff to acknowledge letter 

Councillor Myles resume her place at the Council table at this time.

2. Nicole Charles, Director of Library Services, Bruce County- letter addressed to Ms. Ruth Bainbridge regarding the Tobermory Public Library- noted and filed 

3. Dave Hartney- stop the spread of short term rentals in Northern Bruce Peninsula now- staff to acknowledge letter 

4. William Rydall- request for the ditch to be cleaned between Lot 8 and Lot 9 Concession 1 EBR- Council denied the request from Mr. Rydall as they do not want to set a precedent and staff are to advise Mr. Rydall of Council’s decision

5. Bernadette Burton, Church of St. Edmund- request for the waiving of fees November 10, 2019 at the Tobermory Community Centre for a Remembrance Day Service- Council agreed to waive the fees for the use of the Tobermory Centre on November 10, 2019 for the Church of St. Edmund

6. Grant Ehrhardt, Bruce Trail Conservancy- thank you for the extra gravel on Crane Lake Road and financial support for the portable toilets- noted and filed 

7. Nicole Charles, Library Director- Hazards and deficiencies identified by library staff at the Tobermory and Lion’s Head Branch- refer to staff

8. Resolution- Executive Council of Ontario- Laurie Golden of Tobermory be appointed as part-time member of the Niagara Escarpment Commission- Council congratulated Councillor Golden

9. Resolution- Grey Sauble Conservation Authority Board of Directors- Conservation Authorities letter to Honourable Jeff Yurek- noted and filed 

10. Bruce County Media Release- Bring Joy into the Lives of Children this Season- Dorrell Young Christmas Program- noted and filed 

11. Hawk’s Nest Competition- looking for counties and municipalities to partner with the Saugeen Economic Development Corporation and Bruce Community Futures Development Corporation- no funding available, noted and filed

12. Build a Dream, Bruce Grey Counties, Career Discovery Expo- please distribute these posters to your branches, arenas and community centres to be posted- noted and filed 

13. Rural Ontario Municipal Association (ROMA)- Municipal Delegation Request Form- Council discussed options for the ROMA delegation including OPP costs, the MTO Hay Bay property and previous occasions when the Arena grant was unsuccessful. 

Councillor Golden stated that the largest issue the Municipality is facing at this time is lack of available and affordable housing. Council further discussed mobile homes, locations available for development and the Green Infrastructure Funding Stream. 

Councillor Myles suggested considering a Committee for Housing, addressing water hookup availability to the Brock Street property to increase options for development and eliminating the minimum square footage requirement for new builds. 

14. Ontario Ministry of Economic Development, Job Creation and Trade- Ontario Launches Regional Program to Help Create Jobs- Councillor Myles recommended this information be circulated to the local chambers and businesses by the Manager of Community Services

15. Ontario Ministry of Energy, Northern Development and Mines- Ontario Electricity Rebate- noted and filed 

16. Ontario Ministry of Finance- Release of the 2020 Ontario Municipal Partnership Funds (OMPF) allocations- noted and filed 

17. Ontario Ministry of Natural Resources and Forestry- Environmental Registry notice (019-0732) by the Ministry of Natural Resources and Forestry regarding proposal to amend three statutes and make a new regulation- noted and filed 

18. Source Protection Committee- Minutes- Meeting No. 80, July 26, 2019- noted and filed

19. The Municipality of Prescott- letter to the Honourable Steve Clark, Minister of Municipal Affairs and Housing- Notice of Passing Resolution in regards to Transforming and Modernizing the delivery of Ontario Building Code- noted and filed

20. The Corporation of the Town of Kingsville- Local Health Care Services- noted and Filed

Moved by L. Golden Resolution #35-15-2019 Seconded by M. Myles 

THAT Council supports the Corporation of the Town of Kingsville’s Resolution No. 533-2019 in regards to local health care services. 

Carried 

21. Ken Campbell- thank you for the road work on Johnson’s Harbour Road and to staff Members- noted and filed 

22. Kathy Johnston, Early Years Supervisor, Bruce County- The EarlyOn Program- request to waive fees at the Lion’s Head Arena Auditorium- noted and filed 

Moved by M. Myles Resolution #35-15-2019 Seconded by J. Mielhausen

THAT Council approves the request submitted by Kathy Johnston to waive the fees applicable at the Lion’s Head Community Centre with respect to holding The EarlyOn Program. 

Carried

23. Resolution- Township of Stirling-Rawdon- Municipal Liability

Moved by L. Golden Resolution #35-16-2019 Seconded by D. Myles 

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

Carried

READING OF BY-LAWS

Moved by L. Golden Resolution #35-17-2019 Seconded by J. Mielhausen

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

2019-87 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 [PART LOT 26, CONCESSION 3, EBR, (EASTNOR) – 3231 BRUCE ROAD 9 AND PART LOT 26, CONCESSION 4, EBR, (EASTNOR) – UNNUMBERED BRUCE ROAD 9, MUNICIPALITY OF NORTHERN BRUCE PENINSULA]

2019-88 BEING A BY-LAW TO APPOINT MUNICIPAL AUDITORS FOR THE FISCAL YEARS 2019, 2020, 2021, 2022, AND 2023

2019-91 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 – CONCESSION 4 WBR PART LOT 27, 37 PARKER ISLAND ROAD (EASTNOR), MUNICIPALITY OF NORTHERN BRUCE PENINSULA

2019-96 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA HELD TUESDAY, NOVEMBER 12, 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: 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, e) litigation or potential litigation including matters before an administrative tribunal (Niagara Escarpment Committee).

Moved by J. Mielhausen Resolution #35-18-2019 Seconded by L. Golden

THAT Council move into closed meeting at 3:02 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, e) litigation or potential litigation including matters before an administrative tribunal (Niagara Escarpment Committee).

Carried

RECONVENE FROM “CLOSED SESSION” TO RESUME COUNCIL MEETING

Moved by L. Golden Resolution #35-19-2019 Seconded by J. Mielhausen

THAT Council reconvenes from Closed Session at 4:42 p.m. and resumes the Council meeting.

Carried

Direction given to staff.

ADJOURNMENT 

Moved by M. Myles Resolution #35-20-2019 Seconded by D. Myles 

THAT the meeting adjourns at 4:43 p.m.

Carried