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

347

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, Wilf Barnes, Fire Chief, Carol Hopkins, By-law Enforcement Officer, Troy Cameron, Public Works Manager, Marshall Tigert, Facilities Supervisor 

OTHERS PRESENT: Helen McFarlane, Rod Layman, Bruce Peninsula Environment Group

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 Golden declared a conflict of interest with respect to “any discussion of union (OPSEU) discussions as my husband is a member”.

Deputy Mayor Myles declared a conflict of interest with respect to “union issues as my husband is a union member”. 

APPROVAL OF THE AGENDA

Moved by L. Golden Resolution #38-01-2019 Seconded by J. Mielhausen

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

ADOPTION OF THE MINUTES

Re: Council Meeting No. 19-37, November 25, 2019

Moved by L. Golden Resolution #38-02-2019 Seconded by J. Mielhausen

THAT the minutes of Council Meeting No. 19-37, November 25, 2019 be approved as printed and circulated. Carried

PUBLIC MEETING

There is no Public Meeting for Council Meeting No. 19-38, December 9, 2019.

DELEGATION

1. Delegation #1-Helen McFarlane- The Sweet Shop

RE: development proposal, for information

Helen McFarlane appeared before Council, on behalf of the owners of The Sweet Shop, Mike Goman and George Harpur, to provide an update on a recent development proposal. She informed Council that they are moving forward with a development plan for 7167 Highway 6 noting that this has been in the works for five (5) years. 

Ms. McFarlane indicated that there are a limited amount of industrially-zoned properties in Northern Bruce Peninsula; however, they found a property currently zoned highway commercial industrial that avoids the need for a planning application. She stated that the property will be used as a food manufacturing facility and possibly a retail space. Ms. McFarlane confirmed that the existing Sweet Shop downtown location is remaining and the new facility is needed for manufacturing purposes. She said that they are committed to staying in Tobermory with their business. 

Ms. McFarlane then addressed the importance of continuing to help their staff as they are an important aspect of the business. She indicated that there is the potential for new jobs as a result of the new facility. She further said that they will be focusing on expanding the skill sets of their current staff and enriching their work experience. 

Ms. McFarlane proceeded to commend Municipal and Planning staff on their assistance and patience thus far in the process.

Plans for the property were presented by Ms. McFarlane which included paving the driveway and landscaping. Mayor McIver stated that he is pleased that the business is staying in the Tobermory area. Councillor Mielhausen commented on the opportunity for new jobs. In response to an inquiry from Councillor Mielhausen, Ms. McFarlane said that The Sweet Shop wholesales supplies to stores in the Greater Toronto Area (GTA) and the gift basket industry. She advised that they will continue to supply within Ontario until such time as their plans have the ability to increase production while meeting food safety guidelines. Councillor Golden stated that the expansion of the Sweet Shop will help combat the seasonality of Tobermory. 

Limited opportunities for businesses from a zoning perspective were then discussed by Ms. McFarlane. She said that it is very difficult to find properties with zoning that permits a business use that is not geared toward tourism. Ms. McFarlane also addressed the housing issue in NBP, specifically that residential uses are not permitted on commercial/industrial zoned properties even if there is a residential dwelling already existing such as is the case with this property. She requested that Council consider the impact of restrictive zoning provisions, the impacts on businesses and limited affordable/attainable housing when reviewing and updating the Zoning By-law and/or policies. Ms. McFarlane mentioned that the housing crisis affects retention of staff and the attraction of other businesses to NBP. She said that, if NBP wants to be more than a tourism community, there needs to be an opportunity for businesses who are willing to make an effort for housing. 

Mayor McIver thanked Ms. McFarlane for the update. 

2. Delegation #2- Rod Layman- Bruce Peninsula Environment Group

RE: request for Council to strike an Ad Hoc Climate Action Committee to find ways MNBP can address the climate situation

Mayor McIver welcomed Rod Layman to the meeting and Mr. Layman began his presentation on behalf of the Bruce Peninsula Environment Group (BPEG) and students from Bruce Peninsula District School (BPDS). He opened his presentation by sharing a story about a grandson telling his grandfather about his concerns with climate change. 

Mr. Layman said that everyone can benefit from a plan to move forward as climate change will only continue to worsen. He explained that temperatures will continue to rise, precipitation will rise and snow levels will increase to 3 metres in the next ten years. Mr. Layman stated that their needs to be an effort from the whole society and everyone needs to implement a climate change plan. 

Zenaïde Wall, a student from BPDS, then appeared before Council. Ms. Wall provided a background of BPDS’s environmental involvement including that BPDS became a UNESCO designated school in 2008, is an Eco School, operates a garden that provides healthy snacks to students, reduces waste by composting and recycling, raises awareness, holds water walks, participates in 30-hour famines, organizes food drives, advocates for climate change, is part of the Me to We program and works to reduce its carbon footprint. Ms. Wall expressed that the community needs to work together to combat climate change as her generation will be most effected. 

Sasha Oake then spoke before Council and requested that Council step up as leaders in the community in regards to addressing climate change. He said that in 2-4 years he and his peers will be old enough to vote in elections and they are watching to see if Council supports their values. Mr. Oake concluded his presentation by saying that the earth is our home and it is in danger. 

Considerable discussion ensued between Council and Mr. Layman in regards to the establishment of a Climate Action Committee. Mr. Layman said that the Committee would work at finding practical ways to deal with climate issues and consist of members from the community, Council and Municipal staff. 

Mayor McIver recommended that staff bring back a report on Mr. Layman’s request to a subsequent Council meeting.

Councillor Golden spoke to a documentary she watched on climate change and said that it is important for everyone to take a personal responsibility when it comes to combating climate change. 

Mr. Layman said that they are looking to Council as leaders of the community to set an example for residents and tourists. He noted that the Committee would not require a large investment of staff time. 

Councillor Myles said that she was encouraged to see a student delegation and that the decision of whether to develop a Climate Action Committee is political one. She stated that it would be beneficial to leverage the expertise of community members to serve on the Committee which would also save money. Councillor Myles also recommended that greenhouse gas emissions for fleet be tracked in the future.

Councillor Myles recommended that it be considered when constructing new roads that they can handle the new climate. She also mentioned the option of including the term “climate change emergency” in her motion that will be presented later in the meeting. 

Mayor McIver said that a staff report on the Climate Action Committee will be presented at the January 13, 2020 Council meeting.

Mayor McIver thanked Messrs. Layman and Oake and Ms. Wall for their presentations. 

CONSIDERATION OF AGENDA ITEMS

1. Notice of Motion presented by Councillor Golden requested at November 25, 2019 Council Meeting to be brought forward to December 9, 2019 Council Meeting

RE: public safety concerns on the King’s Highway 6 between Wiarton and Tobermory

Councillor Golden provided a background on her notice of motion. She indicated that the notice of motion is a result of the increased amount of stunt driving on Highway 6. Councillor Golden said that she and Terry Bell, Councillor for the Town of South Bruce, both sit on the Safe Communities Committee, a group which is working on using actions to decrease speeding and believes that increasing fines may be an effective way of spreading the message to avoid speeding on the Highway. 

Councillor Myles acknowledged that highway safety is a concern and questioned what research and rationale suggests that the fine increase would be effective. She noted that steeper sentences generally do not bring positive results. Councillor Golden stated that MPP, Bill Walker, was optimistic that the increased fines would be approved. She further said that signage depicting the increased fines would be implemented, messages could be read over the radio in the GTA and increasing fines is worth a try as the current methods are not reducing stunt driving.

Moved by J. Mielhausen Resolution #38-04-2019 Seconded by L. Golden

THAT Council acknowledges and supports that the Bruce Peninsula Safe Communities Committee identified public safety concerns, particularly during the tourist season, in June of 2017 with respect to the King’s Highway 6 between Wiarton (in the Town of South Bruce Peninsula) and Tobermory (in the Municipality of Northern Bruce Peninsula;

AND THAT the traffic volume on the King’s Highway 6 dramatically increases during the tourist season;

AND THAT four people lost their lives during a two-year period as a result of motor vehicle collisions on the King’s Highway 6 and specifically in the Municipality of Northern Bruce Peninsula;

AND THAT speed has been identified as the most significant contributing factor along with the unfamiliarity of the two-lane highway itself·,

AND THAT “stunt driving”, as defined in Ontario Regulation 455107, Section 3, has become a grave concern for the Ontario Provincial Police (OPP) and the citizens of both mentioned municipalities;

AND THAT data collected over the past two years confirms that “stunt driving” and speeding violations have increased in volumes with no sign of improvement anticipated for the future;

AND THAT this resolution be forwarded to the Minister of Transportation, the Solicitor General and MPP Bill Walker for resolution;

NOW THEREFORE be it resolved that the following amendments to the Highway Traffic Act (HTA), Section 172(2) be considered for inclusion as they pertain specifically to the offence of “stunt driving”:

1. A six (6) month mandatory driver’s licence suspension upon first conviction including a penalty of six (6) demerit points and upon the second conviction, a mandatory one (1) year driver’s licence suspension;

2. A fine of not less than $3,000.00 and not more than $10,000.00 for the first conviction and a fine of not less than $5,000.00 and not more than $10,000.00 for each subsequent conviction;

3. A mandatory thirty (30) day vehicle impound. Carried

2. Notice of Motion presented by Councillor Myles requested at November 25, 2019 Council Meeting to be brought forward to December 9, 2019 Council Meeting

RE: Acknowledging Climate Change & Forming a Climate Action Task Force

Councillor Myles asked Council if they would support the addition of the term “climate change emergency” in her proposed motion. Council supported the original motion presented by Councillor Myles with the amendment of “establish a Climate Action Task Force” to read “establish a Climate Action Committee”. 

Moved by M. Myles Resolution #38-05-2019 Seconded by J. Mielhausen

WHEREAS there is overwhelming evidence that human activities, particularly greenhouse gas emissions, have caused approximately 1.0°C of global warming above pre-industrial levels, and if it continues at its current rate, likely to reach 1.5°C between 2030 and 2052 (IPCC, 2018);

AND WHEREAS both past and future warming in Canada is, on average, double the magnitude of global warming;

AND WHEREAS municipalities own or maintain about 60% of Canada’s core public infrastructure, and therefore will continue to bear significant costs from climate change, specifically from intense rainfall, ice and windstorms and heat waves;

AND WHEREAS Canadian municipalities influence roughly half of Canada’s greenhouse gas emissions;

AND WHEREAS more than 400 municipalities across Canada have declared a climate emergency;

AND WHEREAS there is a civic responsibility to set an example, contribute to the global effort and build a more resilient local landscape and community;

AND WHEREAS many climate mitigation and adaptation strategies will result in short and long¬ term cost savings for the Municipality, thus local taxpayers;

THEREFORE, BE IT RESOLVED THAT Council formally acknowledge the scientific evidence on climate change and establish a Climate Action Committee, composed of council members, municipal staff and citizens, to recommend evidence-based and collaborative actions to reduce the impacts of climate change on the Municipality and our community for generations to come. Carried

3. Fire Department Report No. FC 19-12 

RE: Agreement for Automatic Aid Fire Protection with Chippewas of Nawash First Nation Reserve #27

Fire Chief Barnes indicated that he has yet to discuss this Agreement with the Band Administrator and Fire Chief of Chippewas of Nawash First Nation Reserve #27 until such time as he receives Council’s approval to do so. He advised that they have only had two (2) calls in ten (10) years. 

Councillor Myles said that the Agreement is a way to be a good neighbour and have a good relationship with the Chippewas of Nawash.

Deputy Mayor Myles questioned why the Chippewas of Nawash Fire Chief did not attend the Council meeting and request the Agreement. Fire Chief Barnes provided reasoning why their Fire Chief cannot attend the meeting which related to the Fire Chief not having the authority to speak of behalf of their Council. 

Moved by L. Golden Resolution #38-06-2019 Seconded by D. Myles 

THAT Council receives the Fire Chief’s Report FC-19-12 with regards to a Draft Agreement for Automatic Aid Fire Protection with Chippewas of Nawash First Nation Reserve #27; and

THAT Council, pending discussions and comments from today’s review, authorizes Mayor Milt McIver, Chief Administrative Officer Bill Jones and Fire Chief Wilf Barnes to enter into discussions with the Chief, Band Administrator and Fire Chief of Chippewas of Nawash First Nation Reserve #27. Carried

4. Building Department Report No. BD 19-38

RE: Request for Exemption from the Tent & Trailer By-law No. 2018-66

Tracey Elizabeth Marques

Plan 777 Lot 66 Part Lot 69

810 Pike Bay Road 

Roll No. 4109 620 002 06700

Councillor Myles inquired if there is a process for special events such as a policy and requested that the number of people in attendance be requested at the application stage. 

Council agreed to approve the first request for July 1-5, 2020 and consider the remaining requests on a case by case basis when submitted by the property owner.

Moved by J. Mielhausen Resolution #38-07-2019 Seconded by D. Myles 

THAT Council receives Building Department Report BD 19-38 which outlines that the property owners are seeking an exemption from the Tent & Trailer By-law No. 2018-66, for the property described as Plan 777 Lot 66 Part Lot 69 and located at 810 Pike Bay Road, as follows:

1. Seven (7) tents and one (1) trailer on the subject property, Wednesday, July 1, 2020 to Sunday, July 5, 2020; Friday, July 31, 2020 only to Monday, August 3, 2020 and Friday, August 28, 2020 to Monday, August 31, 2020 for the purpose of two (2) family reunions and a birthday celebration. 

AND THAT Council supports a family reunion on the subject property temporarily accommodating seven (7) tents and one (1) trailer for the timeframe of Wednesday, July 1, 2020 to Sunday, July 5, 2020 only in order that the nature and intent of By-law No. 2018-66 is maintained. Carried

5. Building Department Report No. BD 19-39

RE: November 2019 Building Report

Moved by L. Golden Resolution #38-08-2019 Seconded by J. Mielhausen THAT Council receives Chief Building Official Report No. BD 19-39, relating to the November 2019 Building Report, as information. Carried

6. Building Department Report No. BD 19-40

RE: Review of permit fees charged for Solar Panels (Roof Mounted)

Councillor Myles questioned how many solar permits are issued per year and that a reduction in the fee for solar permits may be worth a small net loss to show encouragement for solar power.

Moved by M. Myles Resolution #38-09-2019 Seconded by D. Myles

THAT Council receives Chief Building Official Report No. BD 19-40, relating to the Fees & Charges for roof mounted solar panels, which recommends that the fee in the Fees and Charges By-law for Solar Panel installation on existing and new buildings remain status quo. Carried 

7. Facilities Supervisor Report No. FS 19-14

RE: Facility Agreements

Councillor Myles asked why the “for office use only” portion of the agreements had been removed. Mr. Tigert, Facilities Supervisor, advised that the portion was seldom used as the Municipality has only kept a security deposit twice to his knowledge. 

Councillor Golden commented on the requirement for Food Handlers Certification for those serving food to the public in Municipal facilities. Mr. Tigert noted that the certification is available online and by in-person instruction. 

Councillor Myles said that the fee structure on the agreements does not specify if the rates are per day. She recommended that there be a daily and hourly rate offered for each section of each facility in order to allow for reasonable pricing and the opportunity for different user groups to utilize different portions of facilities at the same time.

Mr. Tigert advised that there are currently no overlaps in bookings at facilities. 

Moved by J. Mielhausen Resolution #38-10-2019 Seconded by L. Golden

THAT Council receives Facilities Department Report FS 19-14 as it relates to the proposed 2020 Rental Agreements and the Grey Bruce Health Unit Information Package, as Information; and

THAT Council approves the 2020 Rental Agreements for the; Tobermory Community Centre, Lindsay Hall, Lions Head & District Community Centre, and the Lions Head Rotary Hall. Carried 

8. Facilities Supervisor Report No. FS 19-15

RE: Arena Concession Booth Operations New Lease Agreement

Councillor Myles recommended that the contract between Pepsi and the Municipality be reviewed once the contract expiration nears as it restricts the opportunity for the leasor for revenues on drinking products. She also mentioned that it could be encouraged that single use plastics be reduced and limited in Municipal facilities.

Moved by J. Mielhausen Resolution #38-11-2019 Seconded by L. Golden

THAT Council receives Facilities Supervisor Report FS 19-15 as information relating to the Arena Concession Booth Operations at the Lion’s Head & District Community Centre and Arena; and

THAT Council, pending discussions and comments from today’s review, awards the Arena Concession Booth Operations to Mary Robbins for the amount of $1950.00 for a nine-month period, excluding HST; and

THAT Council, recommends that By-law No. 2019-100 authorizing a Lease Agreement for the Arena Concession Booth, as presented, be adopted at the December 9, 2019 Council meeting. Carried

9. Deputy Clerk Department Report No. DC 19-10

RE: Municipality of Northern Bruce Peninsula Health and Safety Policy Statement Annual Council Endorsement

Moved by D. Myles Resolution #38-12-2019 Seconded by M. Myles 

THAT Council receives Deputy Clerk Report DC-19-10 as information with respect to the Municipality of Northern Bruce Peninsula Health and Safety Policy Statement; and

THAT Council endorses the Municipality’s Health and Safety Policy Statement and authorizes the Mayor and Chief Administrative Officer to sign this document;

AND FURTHER THAT Council recognizes that health and safety is an integral part of our organization’s everyday business; 

AND FURTHER THAT it is in the best interests of all to practice proven health and safety principles in all work activities. Carried

10. Deputy Clerk Department Report No. DC 19-11

RE: Community Safety & Well-Being Plan Advisory Committee Appointment

Moved by D. Myles Resolution #38-13-2019 Seconded by M. Myles 

THAT Council receives Deputy Clerk Report DC-19-11 as information with respect to the Community Safety & Well-Being Plan (CSWBP) Advisory Committee Appointment; and

THAT Council authorizes the appointment of Cathy Addison, Deputy Clerk and Martin Murray, Inspector-Detachment Commander Grey Bruce Ontario Provincial Police or designate to the Community Safety & Well-Being Plan Advisory Committee. Carried

11. Treasury Department Report No. TR 19-34

RE: Capital Expenditures for Docks – Lion’s Head and Tobermory

In response to a comment from Councillor Myles, Mr. Jones, CAO, advised that fluctuations in the capital expenditures for docks does not seem to show a direct correlation between costs and high-water levels. Mr. Jones noted that the fluctuations can be a result of whether or not government funding was received. 

Moved by M. Myles Resolution #38-14-2019 Seconded by L. Golden

THAT Council receives Treasurer’s Report TR19-34 as information regarding the capital expenditures on docks in Lion’s Head and Tobermory for the Years 2008 to 2018. Carried

12. Treasury Department Report No. TR 19-35

RE: 2019 PAID PARKING REPORT

Councillor Golden expressed her concerns with the report. She questioned the amount of time that the By-law Enforcement Officer spends on paid parking and the transfer of paid parking revenue to the Parks and Facilities Department. Councillor Golden said that she believes that the paid parking expenses are too high. She also stated that she has been told by business owners that paid parking should begin later and end earlier in the year.

Mr. Jones informed that there will be a project option presented to Council soon for consideration that would be funded by paid parking revenues.

Councillor Myles acknowledged that being a tourism destination is expensive and costs will only continue. She noted that paid parking revenues are only to be used in Tobermory and a project needs to be selected sooner than later that can hopefully be of benefit to residents and tourists. 

Moved by J. Mielhausen Resolution #38-15-2019 Seconded by D. Myles 

THAT Council receives Treasurer’s Report TR19-35, prepared by the Treasurer and By-law Enforcement Officer, as information regarding 2019 Paid Parking. Carried

13. Treasury Department Report No. TR 19-36

RE: Audit Planning Report

Moved by M. Myles Resolution #38-16-2019 Seconded by J. Mielhausen

That Council receives the Audit Planning Report from BDO Canada LLP that contains their engagement letter and outlines their plans for completing the 2019 external audit. Carried

14. Clerks Department Report No. C 19-67

RE: Adoption of Municipal Facility/Property Alcohol Policy

Moved by L. Golden Resolution #38-17-2019 Seconded by J. Mielhausen

THAT Council acknowledges that the original Municipal Alcohol Use Policy was established in 2011 and subsequently revised for housekeeping purposes in 2013 and 2016;

AND THAT Council supports reviewing Municipal policies and procedures, as appropriate, every three to five (3-5) years or as may become necessary due to changes in legislation and standards;

AND THAT Council supports the revisions/update of this document, now to be called the Municipality Facility/Property Alcohol Policy, and will give consideration of passage of By-law No. 2020-04 being a being to adopt a Municipal Facility/Property Use Policy for the Municipality of Northern Bruce Peninsula on Monday, January 13, 2020. Carried

15. Clerks Department Report No. C 19-69

RE: Bruce County File No. B-87-19.66 – Consent

Related File No.: Z-56-19.66 (Zoning By-law Amendment)

Catherine M. Ceaser c/o Cuesta Planning Consultants Inc. 

2026 The Bury Road

Lot 3, Concession 1, (EBR), Lindsay

Assessment Roll Nos. 4109 660 002 03900

Moved by D. Myles Resolution #38-18-2019 Seconded by J. Mielhausen

THAT Council supports Clerk Report C 19-69 as it relates to a severance which proposes to sever a surplus farm dwelling on a 1.18 hectare parcel from a 39.36 hectare parcel legally described as Lot 3, Concession 1, EBR, (Lindsay) and situated locally at 2026 The Bury Road, Municipality of Northern Bruce Peninsula; 

AND THAT Council acknowledges that the property is the subject of a Zoning By-law Amendment application under Bruce County File No. Z-56-19.66; 

AND FURTHER THAT the consent shall be, if granted, subject to imposition of the following conditions:

1. THAT the owner provides a One Thousand ($1,000.00) Dollar cash-in-lieu of parkland contribution to the Municipality.

2. THAT a reference plan be completed and a copy filed with the Municipal Clerk and two (2) copies filed with the Approval Authority.

3. THAT the Municipality provides written confirmation to the Approval Authority that the Municipal conditions as imposed herein have been fulfilled.

4. THAT, pursuant to Section 53(42) of the Planning Act, the Certificate of Consent be affixed to the deed within one (1) year of the giving of the Notice of Decision. [NOTE: Section 53(43) of the Planning Act requires that the transaction approved by this consent must be carried out within two (2) years of the issuance of the certificate (ie. stamping of the deed.)]

5. THAT the applicant pays the applicable County of Bruce consent certification fee at the time of certification of the deeds.

6. THAT the Clerk of the Municipality provides written confirmation to the Approval Authority that the zoning amendment by-law (under File No. Z-56-19.66) is in force and effect. Carried 

16. Clerks Department Report No. C 19-70

RE: Bruce County File No. Z-56-19.66 – Zoning By-law Amendment

Related File No.: B-87-19.66 (Consent)

Catherine M. Ceaser c/o Cuesta Planning Consultants Inc.

2026 The Bury Road

Lot 3, Concession 1, EBR, (Lindsay)

Assessment Roll Nos. 4109 660 002 03900

Moved by J. Mielhausen Resolution #38-19-2019 Seconded by L. Golden

THAT Council supports the passage of By-law No. 2020-06, 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 Lot 3, Concession 1, EBR, (Lindsay) situated locally at 2026 The Bury Road (Assessment Roll No. 4109 660 002 03900), Municipality of Northern Bruce Peninsula to rezone the subject lands from RU1 General Rural and EH Environmental Hazard to RU1-06-2020a – General Rural Special, RU1-06-2020b – General Rural Special, RU1-06-2020b-H – General Rural Special Holding and Environmental Hazard Holding, EH-H; 

AND THAT Council acknowledges that the property is the subject of a Consent Application under Bruce County File No. B-87-19.66; 

AND THAT Council supports consideration of the passage of By-law No. 2020-06 at its regular meeting on Monday, January 13, 2020. Carried

17. Clerks Department Report No. C 19-71

RE: By-law No. 2020-05, being a by-law to regulate the use of Municipal property and resources by Council and Staff Policy

Councillor Myles recommended that the previous policy title be kept in order to better reflect the policy. 

Moved by M. Myles Resolution #38-20-2019 Seconded by L. Golden 

THAT Council acknowledges that the current Policy to regulate the use of Municipal property and resources by Council and Staff was approved by By-law No. 2008-56 on November 24, 2008; 

AND THAT Council supports reviewing Municipal policies and procedures, as appropriate, every three to five (3-5) years or as may become necessary due to changes in legislation and standards;

AND THAT Council supports the revisions/update of this document, now to be called the Information Technology Acceptable Use for Council and Staff Policy, and will give consideration of passage of By-law No. 2020-05 being a by-law to adopt the Information Technology Acceptable Use for Council and Staff Policy at its regular meeting on Monday, January 13, 2020. Carried

18. Chief Administrative Officer Report No. CAO 19-39

RE: Request for Funding for Repairs to the Big Tub Lighthouse

Mr. Jones made a correction to his report and said that the Friends of the Bruce District Parks Association have raised an additional $8,751.00. 

Mr. Jones confirmed that Parks Canada could not contribute a dollar amount to the project but will provide in-kind work when possible.

In response to an inquiry from Councillor Myles, Mr. Jones advised that there have been no formal discussions regarding transferring the lighthouse to the Municipality.

Moved by L. Golden Resolution #38-21-2019 Seconded by D. Myles 

THAT the Municipality contributes $15.000.00 toward the restoration of the Big Tub Lighthouse; 

AND THAT the Municipality agrees to cover any project funding shortfalls relating to the restoration of the Big Tub Lighthouse to an upset limit of $30,000.00 all of which shall be repaid by December 31, 2020. Carried

19. Chief Administrative Officer Report No. CAO 19-41

RE: Tobermory Water- Investing in Canada Infrastructure Program Green Stream Grant

Mr. Jones stated that the infrastructure will be constructed knowing that there is the capability for new service connections to the water system in the future.

Moved by J. Mielhausen Resolution #38-22-2019 Seconded by M. Myles 

THAT the Municipality of North Bruce Peninsula submits a funding application to the Investing in Canada Infrastructure Program- Green Stream for upgrades to the Little Tub Water Treatment Plant and the installation of a watermain to connect to the Bradley Davis Senior Apartments, Tobermory Community Centre, ball diamond washrooms and Tobermory Fire Hall and EMS Station. Carried

20. Chief Administrative Officer Report No. CAO 19-42

RE: 11 Bay Street Drainage Issue

Moved by J. Mielhausen Resolution #38-23-2019 Seconded by L. Golden

THAT the Municipality of Northern Bruce Peninsula authorizes the owners of 11 Bay Street to divert drainage to the Municipal stormwater system;

AND THAT if the above-mentioned connection to the stormwater system creates a “surcharging” issue, the owners of 11 Bay Street will be required to disconnect immediately from the Municipal stormwater system upon written notification from the Municipality. Carried

21. Accounts Payable Voucher 

RE: November 2019

Councillor Golden questioned costs for accessibility at the School Bell Park, Bruce Peninsula Septic Service, elevator install, financial licence, generator testing and Bob Cat. 

Cathy Addison, Deputy Clerk, advised that Council previously budgeted for accessible swings at the Park and the elevator install fee is an annual fee for the use of the elevator at the Lion’s Head Arena. She also said that generator testing is performed annually on generators in emergency evacuation centres.

Mrs. Shearer, Treasurer, indicated that the financial licence fee is for office software. 

Moved by J. Mielhausen Resolution #38-24-2019 Seconded by D. Myles 

THAT Council receives approved Accounts Payable Voucher, November 2019, in the amount of $897,946.55. Carried

22. Occupational Health and Safety Minutes

RE: Meeting No. 19-03, December 3, 2019

Moved by L. Golden Resolution #38-25-2019 Seconded by D. Myles 

THAT Council does hereby adopt the Occupational Health and Safety Committee minutes dated December 3, 2019, as circulated, and approves all actions contained therein. Carried

23. Cemetery Committee Minutes

RE: Meeting No. 19-03, November 27, 2019

Moved by M. Myles Resolution #38-26-2019 Seconded by J. Mielhausen

THAT Council does hereby adopt the Cemetery Committee minutes dated November 27, 2019, as circulated, and approves all actions contained therein. Carried

24. Resolution- Town of Amherstburg

RE: Declare Climate Emergency

Moved by J. Mielhausen Resolution #38-27-2019 Seconded by M. Myles

THAT Council receives the attached resolution, as information. Carried

25. Resolution- Township of Larder Lake

RE: Main Street Revitalization Grant- Extension request

Moved by L. Golden Resolution #38-28-2019 Seconded by D. Myles

THAT Council receives the attached resolution, as information. Carried

OTHER BUSINESS

Deputy Mayor Myles requested that Council be permitted to view all staff expense reports. Councillor Myles asked Deputy Mayor Myles for reasoning behind her request as it may send the message that staff is not trusted. Clerk, Mrs. Standen, is to look into the Deputy Mayor’s request. 

Councillor Myles inquired on the status of the ROMA delegation requests for the 2020 conference. Mr. Jones advised that he submitted three (3) delegation requests for discussions on OPP costing formulas, Lion’s Head Arena funding grant and the MTO property. He informed that he has received confirmation that ROMA received the requests and will notify the Municipality in January if a delegation has been granted.

CORRESPONDENCE

1. William Rydall- objection to Council’s November 12, 2019 decision regarding my ditch cleaning request- refer to Public Works Department

2. Ryan Matheson- support for the Climate Change Declaration motioned by Councillor Myles- noted and filed 

3. Stephen Woeller- NpCoWork- request for the waiving of fees for the use of the Rotary Hall from 6 p.m. to 10 p.m. on Jan 10, Feb 14, Mar 13, Apr 17, May 15 and June 15, 2020 for Harbourside Inside

Moved by J. Mielhausen Resolution #38-29-2019 Seconded by M. Myles

THAT Council approves the request submitted by Stephen Woeller to waive the fees applicable at the Rotary Hall with respect to holding the Harbourside Inside initiative from 6:00 p.m. to 10:00 p.m. on January 10, February 14, March 13, April 17, May 15 and June 15, 2020. Carried

4. Ruth Bainbridge- Ad Hoc Museum Committee- St. Edmund’s Museum Report to Council- noted and filed 

5. Kevin Doyle- More trouble on the Horizon- Heritage Designation Property Devaluations- noted and filed 

6. Scott Matthews and Donna Beatty- request for snow removal at 222 Cameron Lake Road- refer to Public Works Department 

7. Grey Bruce We CARE Project- please join us for our quarterly meetings scheduled for 2020

Moved by M. Myles Resolution #38-30-2019 Seconded by L. Golden

THAT Council selects Councillor Golden to attend the We C.A.R.E Committee meetings on April 2, 2020 and Councillor Myles on June 4, 2020 as designates from the Municipality of Northern Bruce Peninsula. Carried 

8. Hahn Broadcast Engineering- Proposed Antenna Tower at 7032 Highway 6- noted and filed 

9. Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA)- request for support of proposed legislation regarding trespassers on farms and at food processing facilities and interference with livestock transportation

Moved by J. Mielhausen Resolution #38-31-2019 Seconded by L. Golden 

THAT Council supports legislation introduced by Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs in regards to trespassers on farms and at food processing facilities and interference with livestock transportation. Carried 

10. Tribunals Ontario- ARB Upcoming Changes- Effective January 2020- noted and filed

11. Lynn Szymezko- Article by Ethan Huff- Harvard study finds that wind turbines create more global warming than the fossil fuels they eliminate and the same is true for scooters and electric cars- noted and filed 

Moved by D. Myles Resolution #38-32-2019 Seconded by M. Myles 

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

READING OF BY-LAWS

Moved by J. Mielhausen Resolution #38-33-2019 Seconded by D. Myles

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

2019-99 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA HELD MONDAY, DECEMBER 9, 2019

2019-100 BEING A BY-LAW TO AUTHORIZE A LEASE AGREEMENT BETWEEN MARY ROBBINS AND THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA. 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 collective agreement), and f) advice that is subject to solicitor-client privilege including communications necessary for that purpose (Native Land Claim).

Moved by L. Golden Resolution #38-34-2019 Seconded by D. Myles 

THAT Council move into closed meeting at 3:54 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 collective agreement), and f) advice that is subject to solicitor-client privilege including communications necessary for that purpose (Native Land Claim). Carried

RECONVENE FROM “CLOSED SESSION” TO RESUME COUNCIL MEETING

Moved by L. Golden Resolution #38-35-2019 Seconded by J. Mielhausen

THAT Council reconvenes from Closed Session at 5:39 p.m. and resumes the Council meeting. Carried

In addition to Council giving direction to staff regarding the Native Land Claim and Collective Agreement matters, the following resolution was presented:

Moved by J. Mielhausen Resolution #38-36-2019 Seconded by M. Myles

THAT Council agrees to execute an Employment Agreement with the Chief Administrative Officer, Bill Jones, for the year 2020. Carried

ADJOURNMENT 

Moved by L. Golden Resolution #38-37-2019 Seconded by D. Myles 

THAT the meeting adjourns at 5:41 p.m. Carried