Municipality Of Northern Bruce Peninsula Council Meeting Minutes November 18, 2019 SPECIAL MEETING – Establishing Agreement, Parks Canada

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

MEMBERS ABESENT: Councillor James Mielhausen

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

DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF

Mayor McIver called the meeting to order at 9:01 a.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 #36-01-2019 Seconded by M. Myles 

THAT the content of the agenda be approved as presented. 

Carried

ADOPTION OF THE MINUTES

There are no Minutes to adopt for Special Council Meeting No. 19-36, November 18, 2019.

PUBLIC MEETING

There is no Public Meeting for Special Council Meeting No. 19-36, November 18, 2019.

DELEGATION

There is no Delegation for Special Council Meeting No. 19-36, November 18, 2019.

CONSIDERATION OF AGENDA ITEMS

1. Establishing Agreement, Parks Canada 

Presentation Prepared by Councillor Golden

Councillor Golden distributed additional information to Council relating to her presentation which consisted of newspaper clippings, fact sheets, letters and tables. Mr. Jones made copies of the information and distributed it to the Clerk and audience members. 

Moved by D. Myles Resolution #36-02-2019 Seconded by M. Myles 

THAT Council authorizes Agenda Item #1 to be brought forward in regards to a presentation prepared by Councillor Golden and not contained in the published Council Agenda relating to the Parks Canada Establishing Agreement. 

Carried 

Councillor Golden stated that the purpose of her presentation is to review the history of the Parks Canada Establishing Agreement dated July 20, 1987. She said that reviewing history associated with the Agreement is crucial to Council’s understanding and to ensure that the Agreement conditions are met.

Councillor Golden indicated that in 1980 a study was commissioned by Parks Canada which revealed four (4) Natural Areas of Canadian Significance (NACS), Northern Bruce Peninsula included. She noted that in December 1981, Parks Canada proclaimed that they planned on consulting with the public regarding establishing a National Park on the Bruce Peninsula. 

Councillor Golden then proceeded to reference two (2) newspaper articles published on December 8, 1981 in the Owen Sound Sun Times. She advised that, at that time, there was a general mistrust of government from the public because, as well, the Niagara Escarpment Commission (NEC) was beginning to place development controls over the Bruce Peninsula. The articles were titled “Park won’t go ahead if residents oppose idea” and “Mistrust at Park meeting”. Councillor Golden quoted the articles. 

The second document presented by Councillor Golden was a newspaper clipping from the Wiarton Echo dated February 5, 1982 and titled “Feds will spend millions on National Park: Official”. Councillor Golden stated that in 1982 conditions were drafted and the tone was set that residents would be guaranteed that the conditions would be enshrined in law. 

Councillor Golden advised that the first step to establishing the Agreement was public consultation. Local municipalities being the Township of St. Edmunds and Lindsay were consulted in the form of public meetings and a survey. Councillor Golden then referred to “Table One, Public Opinion Concerning the Establishment of the Park: All Respondents Opinion”. The survey included a total of 2428 respondents with 33.6% of respondents in favour and 23.5% of respondents conditionally in favour. “Table Two, Public Opinion Concerning the Establishment of the Parks by the Respondent’s Residency Status” was also made available. Councillor Golden informed that, in fall 1982, the findings of the surveys which were conducted by the Study Committee were released. She stated that, during the release of the findings, hundreds of letters were sent to the editor and it was a very intense and emotional process for residents.

Councillor Golden continued by saying that both the Townships of Lindsay and St. Edmunds proceeded to approve the establishment of a National Park based on a number of conditions. She then indicated that, following the approval, a municipal election in the Township of Lindsay was held and the newly elected Council notified Parks Canada that they wanted their previous approval to be conditional based on the results of a socio-economic impact study. Councillor Golden advised that, in September 1985, one month after the results of the socio-economic impact study were released, the Council of the Township of Lindsay directed that there be a “yes (to Park)/no (to Park)” question on the ballot for the upcoming municipal election. She stated that 63% of voters responded “no”; resulting in the Township of Lindsay informing Parks Canada that they were withdrawing their support. 

Councillor Golden then referred to a letter from George D. Harpur wherein he stated that if he was re-elected, he would agree with the establishment of a National Park “only if the conditions outlined are accepted and enshrined”.

In regards to the Township of St. Edmunds, Councillor Golden advised that the Council decided to support the establishment of a National Park if the conditions were met and enshrined in legislation. She stated that, on July 20, 1987 the Agreement for the Establishment of a National Park and a National Marine Park in the Township of St. Edmunds was signed.

Councillor Golden informed that, in addition to commitments made in the Agreement, there were various commitments made by Parks Canada at the public meetings. She also said that that conditions are open to interpretation and further context can be found within the Study Committee minutes. Councillor Golden continued by saying that every Council should be made aware of the conditions of the Agreement, Council’s mandate is to ensure our people are represented and the promises that were made were intended to withstand the test of time.

Following Councillor Golden’s presentation, considerable discussion ensued.

Councillor Myles stated that the Agreement is between the Government of Canada and the Government of Ontario and the Municipality is a stakeholder. She also said that legal fees would be associated with enforcing the Agreement, she respects the historical context of the Agreement; however, Council’s job is to represent current residents and public opinion changes as time progresses. Councillor Myles advised that this discrepancy may be outside Council’s control. 

Councillor Golden stated that she is advocating for what was promised. 

Mayor McIver asked Councillor Golden to advise Council of the conditions of which she has concern. Councillor Golden expressed concern with Item 16 of the Appendix of the Establishing Agreement: “Employment – 75% of Jobs for Local People” and Item 21: “Entrance Gates”. Councillor Golden requested discussion with Parks Canada regarding boundaries, employment, roads and access, Little Cove and Emmett Lake projects.

Councillor Myles indicated that she would like feedback from the public regarding if they wish for Council to deem this as a priority before moving forward with more Council meetings on this topic.

Mr. Jones advised that there is a Roads Joint-Use Agreement in draft form between Parks Canada and the Municipality. 

Mr. Jones said that he would correspond with John Haselmayer, Superintendent for Parks Canada, to determine a date for Mr. Haselmayer to come to Council as a delegation. Mr. Jones recommended that Mr. Haselmayer address Council regarding the concerns that Councillor Golden has with the Establishing Agreement on a quarterly basis as a delegation.

Councillor Myles requested that a discussion be had between Council and Parks Canada regarding Tobermory water extension opportunities and a parking strategy. 

2. 2020 Municipal Funding Requests 

2020 Requests to Waive Facility Rental Fees 

2020 Municipal Funding Requests (Late Submissions)

Moved by D. Myles Resolution #36-03-2019 Seconded by L. Golden

THAT Council authorizes that the 2020 Municipal Funding Requests be brought forward for Council’s consideration. 

Carried

Mayor McIver commenced 2020 Municipal Funding Request deliberations. Discussion and direction is set out as follows:

Pike Bay Community Association:

Ask: 2,000.00, Supported a $2,000.00 grant 

Councillor Myles inquired on what the funding plan would be if the Pike Bay Community Centre required further capital upgrades/repairs for the aging building. Mr. Jones stated that an Ontario Trillium Grant application would be the likely option. 

Crime Stoppers of Grey-Bruce:

Ask: $2,000.00, Supported a $1,000.00 grant 

The Meeting Place:

Ask: $2,000.00, Supported a $2,000.00 grant 

Tobermory Firefighters Association:

Ask: $1,500.00, Supported a $1,500.00 grant

Tobermory Community Gardens Group:

Ask: $500.00, Supported a $500.00

Woodlands Recreation Association:

Ask: $2,000.00, Supported a $1,000.00 grant 

Lion’s Head Promotion Group:

Ask: $2,000.00, Supported a $2,000.00 grant 

Bruce Peninsula Trail Club:

Ask: $5,000.00, Funds already allocated in the Parks and Recreation Budget 

Councillor Golden recommended the club consider a long-term solution such as the installation of a composting toilet. Councillor Myles recommended a trail counter be placed in Lion’s Head as the trail is growing in popularity. 

Bruce Peninsula Biosphere Association:

Ask: $2,000.00, Supported a $2,000.00 grant 

Bruce Peninsula Society of Artists – website maintenance:

Ask: $500.00, Supported a $500.00 grant 

Bruce Peninsula Society of Artist – kids’ workshops:

Ask: $500.00, Supported a $500.00 grant 

Bruce Peninsula Hospice:

Ask: $1,000.00, Supported a $1,000.00 grant 

Central Peninsula Sno-Drifters:

Ask: $1,500.00, Supported a $1,500.00 grant 

Lion’s Head Skating Club:

Ask: $2,000.00, Supported a $2,000.00 grant

St. Edmunds Public School – buddy bench:

Ask: $500.00, Supported a $500.00 grant

Tobermory Snowmobile Club:

Ask: $1,500, Supported a $1,500 grant 

Bruce Peninsula Art Show:

Ask: $500.00, Supported a $500.00 grant 

Wiarton and District Agricultural Fair:

Ask: $500.00, Supported a $100.00 grant 

Halloween Spooktacular:

Ask: $300, Supported a $300.00 grant 

BPDS School Council – kids lunch program:

Ask: $500.00, Supported a $500.00 grant 

BPDS School Council – breakfast club:

Ask: $500.00, Supported a $500.00 grant 

Tobermory Health Services Auxiliary:

Ask: $500.00, Supported a $500.00 grant 

The Rotary Club:

Ask: $250.00, Supported a $250.00 grant 

Tobermory Legion Ladies Auxiliary:

Ask: $250.00, Supported a $250.00 grant 

St. John Ambulance:

Ask: $500.00, Did not support a grant 

Badge of Life Canada:

Ask: $500.00, Supported a $500.00 grant 

Bruce County Country Fest:

Ask: $500.00, Supported a $500.00 grant 

Lion’s Head Minor Softball:

Ask: $500.00, Supported a $500.00 grant 

Bruce Peninsula Minor Hockey:

Ask: $500.00, Supported a $500.00 grant 

Bruce Peninsula Bird Observatory:

Ask: $2,000.00, Supported a $1,500.00 grant 

Keep the Bruce Clean and Green:

Ask: $500.00, Supported a $500.00 grant 

The Lion’s Tail:

Ask: $1,000.00, Supported a $500.00 grant 

Lion’s Head United Church:

Ask: $1,200.00, Supported a $1,200.00 grant 

Friends of Cabot Head (FOCH):

Ask: $2,000.00, Deferred the request until Council receives a report from the CAO and FOCH regarding options for the operation of the Cabot Head Lighthouse 

Tobermory Tennis Club:

Ask: $500.00, Supported a $500.00 grant 

Making Waves Festival:

Ask: $500.00, Supported a $500.00 grant 

Council suggested the Making Waves Festival allow free admission in 2020 as a condition of providing this Municipal funding

Community Support Committee:

Ask: $500.00, Supported a $500.00 grant 

Lion’s Head Curling Club:

Ask: $750.00, Supported a $750.00 grant 

Bruce Peninsula Tourism:

Ask: $0, Supported a $30,000 grant as Council is unsure if Bruce Peninsula Tourism is planning on operating in 2020 and wants to ensure the funds are allocated as they will likely be required to provide visitor services delivery

Bruce Peninsula Family Centre:

Ask: $20,500.00, Supported a $20,500.00 grant

Councillor Myles recommended that the Zoning By-law be updated and Council consider permitting shipping containers 

Tobermory Primary Place:

Ask: $10,000.00, Supported a $10,000.00 grant

Tobermory Chamber of Commerce:

Ask: $42,000.00, Supported a $42,000.00 grant 

Council discussed the operation of the Tobermory Chamber of Commerce and the Ferndale Information Centre. Councillor Myles listed possible alternative options for the use of the Ferndale Information Centre and recommended that Council determine the most efficient and economic method of getting information to visitors.

Moved by L. Golden Resolution #36-04-2019 Seconded by D. Myles 

THAT Council directs staff to allocate the above supported Community Funding Requests to the 2020 Budget in the amount of $132,850.00.

Carried 

There was a break in the meeting at 11:13 a.m. 

The meeting reconvened at 11:18 a.m.

Council then discussed 2020 requests to waive facility rental fees. Direction was noted as follows:

Bruce Peninsula Minor Hockey, Use of the Ferndale Information Centre, Waive fees

Community Support Group, Use of the Lindsay Hall, Waive fees

Friends of Cabot Head, Use of the Lindsay Hall, Waive fees

Friends of the Library, Use of the Lindsay Hall, Waive fees

Bruce Peninsula Minor Hockey, Use of the Arena, Waive fees

Lion’s Head Minor Ball, Use of the Arena, Waive fees

Lioness, Use of Arena, Waive fees

Central Peninsula Sno-Drifters, Use of the Arena, Waive fees 

Bruce Pensinsula Family Centre, Use of the Arena, Waive fees 

Lion’s Head Hospital Auxiliary, Use of the Arena, Waive fees

Bruce County Country Fest, Use of the Arena, Waive fees 

Von Smart, Use of the Arena, Waive fees 

Figure Skating Club, Use of the Arena 

Council did not support waiving the fees for use of the ice surface for the Figure Skating Club.

Lion’s Head Curling Club, Use of the Arena 

Council did not support waiving the fees for the use of the ice surface for the Curling Club; however, Council did support waiving fees for the other requested arena space

The Lion’s Tail, Use of the Arena

Council did not support the request from The Lion’s Tail

Making Waves Festival, Use of The Meeting Place, Waive fees

Lakewood Preservation Group, Use of the Rotary Hall, Waive fees

Bruce Peninsula Society of Artists, Use of the Rotary Hall, Waive fees

Lion’s Head Promotions Group, Use of the Rotary Hall, Waive fees

Community Potlucks, Use of the Tobermory Community Centre, Waive fees

Tobermory Fire Association, Use of the Tobermory Community Centre, Waive fees

Tobermory Legion Ladies, Use of the Tobermory Community Centre, Waive fees

Tobermory Carvers, Use of the Tobermory Community Centre, Waive fees

Men’s Breakfast, Use of the Tobermory Community Centre, Waive fees

Tobermory United Church, Use of the Tobermory Community Centre, Waive fees

Northern Bruce Walkers, Use of the Tobermory Community Centre, Waive fees

Coffee Club, Use of the Tobermory Community Centre, Waive fees

Tobermory Meeting Place, Use of the Tobermory Community Centre, Waive fees

Halloween Spooktacular, Use of the Tobermory Community Centre, Waive fees

Peninsula Adventure Sports Association, Use of the Tobermory Community Centre, Waive fees

Tobermory Chamber of Commerce, Use of the Tobermory Community Centre, Waive fees

Women’s Information Network, Use of the Tobermory Community Centre, Waive fees

VON SMART, Use of the Tobermory Community Centre, Waive fees

NBP Co-Work Group, Use of the Rotary Hall, already approved for 2020

Mrs. Shearer also listed groups who did not apply for fees to be waived but used Municipal facilities in 2019. 

Deputy Mayor Myles stated that Council is not following the Community Funding Policy in terms of giving funding to groups who then donate funds to other groups/individuals. Council agreed that the Policy needs to be amended.

Moved by M. Myles Resolution #36-05-2019 Seconded by L. Golden 

THAT Council directs staff to waive the fees as noted above for the use of Municipal facilities in 2020 in the amount of $100,646.00.

Carried 

Mrs. Shearer asked Council if they wish for late requests to be brought to Council for direction. 

Moved by L. Golden Resolution #36-06-2019 Seconded by M. Myles 

THAT Council directs staff to approve any late requests for the waiving of fees at Municipal facilities that are under $500.00 in value and submitted by a group that was previously approved in the Municipal Funding Request process. 

Carried

OTHER BUSINESS 

Mr. Jones informed Council that at the end of November 2019 the concession booth at the Arena will no longer be operational as the individual who was operating the concession booth has opted out of the contract. Mr. Jones said that he will be attempting to fill the void with a new operator for the remainder of the season. 

CORRESPONDENCE

There is no Correspondence for Special Council Meeting No. 19-36, November 18, 2019.

READING OF BY-LAWS

Moved by D. Myles Resolution #36-06-2019 Seconded by L. Golden

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

2019-97 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE SPECIAL COUNCIL MEETING OF THE CORPORATION OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA HELD MONDAY, NOVEMBER 18, 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).

Moved by D. Myles Resolution #36-07-2019 Seconded by L. Golden

THAT Council move into closed meeting at 11:43 a.m. pursuant to Section 239 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).

Carried

RECONVENE FROM “CLOSED SESSION” TO RESUME COUNCIL MEETING

Moved by L. Golden Resolution #36-08-2019 Seconded by D. Myles 

THAT Council reconvenes from Closed Session at 12:45 p.m. and resumes the Council meeting.

Carried

Direction given to staff by Council regarding Staff Performance Review and then the following resolution was presented:

Moved by M. Myles Resolution #36-09-2019 Seconded by D. Myles

THAT Council is pleased to announce that Mr. Ryan Deska has accepted the position of Manager of Community Services (2-year contract) commencing employment with the Municipality of Northern Bruce Peninsula on Monday, January 13, 2020.

Carried

ADJOURNMENT 

Moved by M. Myles Resolution #36-10-2019 Seconded by L. Golden 

THAT the meeting adjourns at 12:47 p.m.

Carried