MEMBERS PRESENT: Mayor Milt McIver, Deputy Mayor Debbie Myles, Councillor Laurie (Smokey) Golden, Councillor James Mielhausen, Councillor Megan Myles
STAFF PRESENT: Chief Administrative Officer, Bill Jones, Clerk, Mary Lynn Standen, Deputy Clerk, Cathy Addison, Treasurer, Teresa Shearer, Administrative Assistant, Tessa Swanton, Public Works Manager, Troy Cameron, Manager of Community Services, Ryan Deska, Chief Building Official, Wendy Elliott
OTHERS PRESENT: Douglas Sloan, Will Meneray, Friends of Cabot Head, Ron Wheeler, Friends of Cabot Head
DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF
Mayor McIver called the meeting to order at 1:00 p.m. and Council members were reminded to disclose any pecuniary interest and the general nature thereof that may arise during the course of the meeting.
Councillor Myles declared a conflict of interest in respect to Correspondence Items #1-8 as “I own and manage a tourist accommodation (hostel) in the Municipality of Northern Bruce Peninsula”.
APPROVAL OF THE AGENDA
Moved by J. Mielhausen Resolution #03-01-2020 Seconded by L. Golden
THAT the content of the agenda be approved as presented.
ADOPTION OF THE MINUTES
Re: Council Meeting No. 20-01, January 13, 2020
Councillor Golden expressed a concern with Item #13, page 9, paragraph 2 relating to the word, Manager, being replaced with Council.
Moved by D. Myles Resolution #03-02-2020 Seconded by L. Golden
THAT the minutes of Council Meeting No. 20-01, January 13, 2020 be approved as printed and circulated.
There is no Public Meeting for Council Meeting No. 20-03, January 27, 2020.
Delegation #1- Ron Wheeler- Friends of Cabot Head (FOCH)
RE: request to renew lease, approve community grant and support maintenance and repairs at Cabot Head Lighthouse
Ron Wheeler and Will Meneray appeared before Council requesting that Council renew the Friends of Cabot Head’s (FOCH) lease for the Cabot Head Lighthouse, approve their community funding grant request and support site maintenance and repairs.
Mr. Wheeler stated that FOCH are aware that there is a need for change due to a lack of capacity to continue operating as they had previously and considering the added tourism concerns. He stated that FOCH are flexible and cooperative and want to keep the gem, Cabot Head Lighthouse, open to both locals and visitors.
In regards to operational costs, Mr. Wheeler advised that FOCH’s funds have been depleted, they have limited human resources (volunteers) and there may be some damage to address in the spring relating to the road and lighthouse building itself.
Mr. Meneray listed the objectives of FOCH including maintaining public access and providing an interactive and informative experience. He said that they wish to embrace the history of the site. Mr. Meneray then presented two strategic options for consideration. Option 1 was described as the current model that has been used in the past by FOCH. Option 2, the preferred option, was defined as the partnership model. Mr. Meneray went into further detail and said that partners could host special events on the property, there could be multiple partners or a single partner and FOCH has had discussion with some groups/individuals who may have an interest in partnering to offer workshops, etc. Mr. Meneray suggested that Option 2, the partnership model, is the most sustainable and the best way to achieve FOCH’s objectives.
Mr. Meneray said that 2020 will be a transition year for FOCH. He then presented their business plan consisting of five main themes. He emphasized volunteer recruitment, noting that there is always a need for more volunteers, and site maintenance, some of which may be federal.
Mr. Meneray informed that FOCH is intending to be open two days a week only in 2020. He acknowledged there is a transportation/traffic issue with Dyers Bay residents and being open two days per week may satisfy this. Mr. Meneray suggested that there may not be a need for a shuttle service at this time with the limited hours of operation. He also brought up paid parking on site, as was discussed back in 2017, and proposed that paid parking revenue received from the Cabot Head location could be given to FOCH to pay for the machine.
Mr. Wheeler commented on the “horrendous” state of the site, ruts in the roadway and need for grass and driveway repairs. He proposed that the Municipality could perform groundwork at the site.
Councillor Myles said that FOCH has provided a good start and the partnership concept along with limited hours of operation are good ideas. She asked how partners would be selected as she believes the process should be fair and transparent. Councillor Myles also inquired on the length of the lease and cost estimates associated with the Municipality maintaining Cabot Head Road.
Mayor McIver agreed with Councillor Myles regarding the partnership option. He expressed concern with hydro costs, specifically the potential hydro bill for the site and the condition of the hydro lines. Mayor McIver requested FOCH provide the overall cost for the Municipality to be involved.
Councillor Golden commended FOCH for their well-done business plan and proposed solutions. She questioned how FOCH would control/manage the public accessing the site on their own. Mr. Wheeler proposed a gate on the road as a potential solution.
Mr. Wheeler requested that Council approve FOCH’s community funding request.
Councillor Myles asked FOCH to provide Council with comprehensive costs associated with the proposed operations (and capital) including any work that may be asked of by Municipal staff, such as grass cutting/maintenance, and further what portion of costs could be recovered based on revenues through partnerships and users, the intentions of DFO for further remediation, hydro, etc.
Council directed FOCH to return to a subsequent Council meeting with the above requested information for Council’s consideration.
Delegation #2- Douglas G. Sloan
RE: ensure that any climate change discussion include a scenario in which global cooling is the trend and ensure the committee include representatives of the local farming community
Douglas Sloan was welcomed to the Council meeting and began by providing a background of his qualifications.
Mr. Sloan then presented the mandate of The Intergovernmental Panel on Climate Change (IPCC). He said that the IPCC was formed in the 1980’s when there was a shift in the idea of nature-caused climate change to human-caused climate change. Mr. Sloan also quoted Professor Paul Reiter and Richard S. Lindzen.
Mr. Sloan suggested that climate change will see shortened growing seasons with crops covered in snow and an all time cold being experienced.
Carbon dioxide was then addressed by Mr. Sloan. He stated that global cooling is a real possibility and predicted that we can prepare for seriously cold and devastating conditions, such as summer frosts, hail storms and failing crops.
Mr. Sloan recommended that the Climate Action Committee consider strategies for a cold weather future rather than a warm weather future.
Councillor Myles thanked Mr. Sloan for his research and explained that the term “global warming” was abandoned long ago in order to account for other effects. She stated that she chooses to believe the majority of scientists and protect citizens from risks and prepare the community for what is to come.
Mayor McIver thanked Mr. Sloan for his presentation.
CONSIDERATION OF AGENDA ITEMS
1. Public Works Manager Report No. PW 20-05
RE: Heron Point Road Bridge Alternatives
Moved by L. Golden Resolution #03-03-2020 Seconded by M. Myles
THAT Council receives the Public Works Manager’s Report, PW 20-05, as information relating to the Heron Point Road Bridge Alternatives;
AND THAT Council direct staff to authorize WSP to proceed with the Municipal Class EA for the Heron Point Road Bridge Project.
2. Manager of Community Services Report No. CS 20-01
RE: Lease Agreement for Stokes Bay Community Centre Group
Councillor Myles commented that it is interesting that there is such a wide range of lease agreements for different facilities noting that she had addressed this before. She requested that Council be provided with a strategic overview of facilities that are used by community groups including what types of groups are using certain facilities and how facilities can operate better.
Mayor McIver stated that Council expects Ryan Deska, Manager of Community Services, to converse with community groups and report back to Council with his findings as part of his position.
Moved by J. Mielhausen Resolution #03-04-2020 Seconded by D. Myles
THAT Council receives Manager of Community Services Report CS 20-01 as information relating to the Stokes Bay Community Centre Group; and
THAT Council, pending discussions and comments from today’s review, approves the lease agreement for renting the Stokes Bay Community Centre Building to Stokes Bay Community Centre Group, commencing May 1, 2020 for a three (3) year period; and
THAT Council, recommends that By-law No. 2020-14 authorizing a Lease Agreement for the Stokes Bay Community Centre Group, as presented, be adopted at the March 9, 2020 Council meeting.
3. Manager of Community Services Report No. CS 20-02
RE: Updates to Policies and Procedures for Registration and Use of the Lion’s Head Campground
Councillor Golden questioned the recommendation of $5 million liability insurance being a requirement for campground users. Mr. Jones advised that insurance is increasing based on costs associated with settlements and lawsuits across the board.
Councillor Myles asked how the increase in liability insurance may be affecting insurance premiums of campground users. She also recommended that the reason for the increased liability coverage be communicated well to campground users.
Councillor Myles said that there may be an opportunity to modernize the process of taking bookings and processing payments for the campground as the Municipality was awarded a modernization grant. Mr. Jones indicated that he will hear back in a few weeks regarding if the funding was approved to be used for campground booking efficiencies.
Councillor Golden requested a response regarding the reasoning behind the increased liability insurance and that this be brought back to a subsequent Council meeting.
Moved by D. Myles Resolution #03-05-2020 Seconded by L. Golden
THAT Council receives Manager of Community Services Report CS 20-02 outlining the proposed updates to Lion’s Head Beach Park Campground’s Policies and Procedures; and,
THAT Council, pending discussions and comments from today’s council meeting, approves the proposed updates, as presented.
4. Manager of Community Services Report No. CS 20-03
RE: Updates to Policies and Procedures for MNBP Harbours and Marinas
Councillor Golden questioned if transient boaters would also be required to obtain liability insurance up to $5 million. Mr. Jones is to report back regarding Councillor Golden’s inquiry.
Ryan Deska, Manager of Community Services, noted an error on page 13, Item 26 of the Lion’s Head Harbour Policies and Procedures 2020 Boating Season document. He noted that the document reflects that the section is to be removed, however that is an error and the section is intended to remain in the document.
Mayor McIver asked if boat weight should be considered in addition to boat length. Mr. Deska said that he would research other marinas and report back to Council with his findings.
Councillor Myles requested that the report be deferred until Council receives more information. She also asked that rationalization for the maximum boat length be provided as she has had numerous inquiries.
Mr. Deska also mentioned that the definition of resident versus non resident may need to be looked at further in a following report.
Moved by M. Myles Resolution #03-06-2020 Seconded by J. Mielhausen
THAT Council receives Manager of Community Services Report CS 20-03 outlining the proposed updates to MNBP’s Harbours Policies and Procedures; and,
THAT Council, pending discussions and comments from today’s council meeting, approves the proposed updates, as presented.
5. Manager of Community Services Report No. 20-04
RE: Update on Lion’s Head Lighthouse Restoration Efforts
Deputy Mayor Myles asked why the lighthouse replacement is not being covered by insurance. Mr. Jones advised that there is a $50,000 deductible for flood insurance and costs to rebuild the lighthouse should be well under the deductible cost.
Mr. Deska provided a brief overview of his report including timelines, clean up efforts, the inclusion of Doug Hill and Brian Swanton in the rebuild process, construction materials, location of the lighthouse, a meeting with Jeff Graham (Engineer), communication and fundraising efforts and volunteers that may be helpful in the project.
Doug Hill advised that the drawings have been revised as a result of the meeting that took place with Engineer, Jeff Graham, on Friday, January 24, 2020. Mr. Hill stated that the design is based on the 1911 lighthouse with a slightly larger footprint of 14 inches in each direction and 6-inch veneer stone.
Councillor Myles thanked everyone for their involvement in the lighthouse rebuild process, acknowledged there is an emotional attachment to the structure and recommended that a process to obtain public input and feedback from the community be implemented. Mr. Deska advised that a website and email specific to the lighthouse has been created to gather ideas, donations and stories about the lighthouse. He also informed that the Municipality has received $1,575.00 in donations, not including materials being contributed in-kind, for the lighthouse to date.
Mr. Hill indicated that the lighthouse is meant to withstand high water levels, is proposed to be painted white with red accents and roof to maintain a similar look to the old lighthouse, there are contractors already committed to pouring the foundation and supplying the stone and the process will be prolonged if there is a lengthened opportunity for public input.
Councillor Golden stated that if the rebuild project is open for public comment then the process will be lengthier and she has heard that most want the lighthouse to be rebuilt quickly.
Considerable discussion ensued regarding the lighthouse rebuild including the process/timeline for the Department of Fisheries and Oceans (DFO)/Coast Guard approval and the extent of involvement from the public on the design of the lighthouse.
Mr. Swanton stated that the lighthouse is a navigational aid, the Coast Guard has the best expertise regarding structural design and is the approving authority for lighthouse structures.
Mayor McIver said that he sincerely appreciates the time, commitment and love that Messrs. Hill and Swanton have for the Lion’s Head Lighthouse.
Moved by L. Golden Resolution #03-07-2020 Seconded by J. Mielhausen
THAT Council receives Manager of Community Services Report CS 20-04 as background information outlining the current status of restoration efforts for the Lion’s Head Lighthouse.
6. Deputy Clerk Report No. 20-02
RE: Flooding and/or High-Water Planning Guide- A Guide to Protecting Your Family and Property
Councillors Golden and Myles praised Mrs. Addison on her report. Councillor Myles said that it is important that shoreline property owners are informed on the risks of flooding and highwater and that there may be an opportunity to provide this information in alternate formats, such as infographics, videos, etc.
Moved by L. Golden Resolution #03-08-2020 Seconded by J. Mielhausen
THAT Council receives Deputy Clerk Report DC 20-02 as information as it relates to development of Flooding and/or High-Water Planning Guide.
7. Clerks Department Report No. 20-04
RE: Niagara Escarpment Commission
Request for Comments
NEC File No. B/R/2019-2020/9173
Owner: Thomas Boyle
Part Lot 14, Concession 7, EBR
2395 Bruce Road 9
Assessment Roll No. 620-8-14600
Councillor Myles commented that shipping containers are under future consideration.
Moved by M. Myles Resolution #03-09-2020 Seconded by D. Myles
THAT Council directs staff to submit to the Niagara Escarpment Commission, the Municipality’s position of “asking NEC to have regard” for the Comprehensive Zoning By-law No. 2002-54, as amended, with the Development Permit application submitted by the agent, Thomas Boyle Sr., for the applicant/owner, Thomas Boyle, for property known as Part Lot 14, Concession 7, EBR, (Eastnor), and situated locally at 2395 Bruce Road 9, Municipality of Northern Bruce Peninsula, who is seeking approval to construct a 1-story, 1,720 square foot accessory structure (drive-in storage shed) consisting of two steel storage containers and a steel arch with a maximum height to a peak of approximately 19 feet on an existing 78.35 acre lot, a property which currently supports an existing single dwelling and a gravel/paved driveway.
8. Clerks Department Report No. C 20-05
RE: Sarah Bolton request to utilize an unopened road allowance to access the subject property known as Part 51, Plan 3R-143, located fronting on said unopened road allowance which intersects with Georgian Drive
Roll No. 4109 620 009 11750 0000
Moved by J. Mielhausen Resolution #03-10-2020 Seconded by L. Golden
THAT Council approves a request from Ms. Sarah Bolton, owner of the property legally described as Part 51, Plan 3R-143 and fronting on an unopened road allowance that intersects with Georgian Drive, to utilize said unopened road allowance for the purposes of accessing the subject property;
AND THAT Council directs that Ms. Bolton enter into a No Demand for Municipal Services and Access Agreement with the Municipality and submit the required fee to the Municipality.
9. Chief Administrative Officer Report No. CAO 20-01
RE: Climate Action Committee
Deferred to January 27, 2020 Council Meeting from January 13, 2020 Council Meeting
Discussion ensued regarding whether Council wishes the Climate Action Committee to be a Committee of Council appointed by by-law.
Councillor Myles stated that she and others were under the impression that the committee was going to be a Committee of Council.
The question of two members of Council sitting on the Committee was also raised.
Mayor McIver advised that other municipalities are reducing the number of Committees of Council.
Mrs. Standen, Clerk, expressed concern with the amount of staff time and Municipal resources that would be required. She also mentioned impacts to staffs’ schedules, the legislated process of recruiting members for the committee, time spent working on the committee taking minutes, preparing agendas, researching and communicating with members. Mrs. Standen also commented on the dollar value associated with a Committee as this was recently a discussion in a neighbouring municipality.
Mayor McIver recognized Mrs. Standen’s comments and concerns regarding staff limitations. He noted concern with mentions of the CAO and Clerk in the proposed Terms of Reference which were presented to Council.
Councillor Golden noted that the Climate Action Committee may be able to include members from the public with more expertise than Municipal staff.
Councillor Myles stated that the group is only requesting a recording secretary and information to be sent from some Municipal staff when needed. She said that she was unaware of issues with staff capacity prior to this discussion noting that this aspect was not included in the CAO’s Staff Report. She stated that she believes the Climate Action Committee is worth the resources in order to be a Committee of Council.
The Mayor, Deputy Mayor and Councillor Mielhausen when asked by Councillor Myles advised that their concerns lie with both the staff commitment required and the establishment of the Climate Action group as a committee of Council. The CAO commented that any member of Council appointed to an ad hoc committee by by-law receives remuneration for attendance at said meetings which translates to another cost to the Municipality.
Mr. Jones said that staff could prepare a breakdown of costs associated with the committee for the February 10, 2020 Regular Council Meeting.
Councillor Myles said that the committee would be working at finding ways to save the Municipality money, therefore, committee costs should not be an issue.
11-2020 Seconded by D. Myles
THAT Council supports the establishment of a Climate Action Committee;
AND THAT Council selects two (2) members to sit on the Climate Action Committee;
AND THAT Council approves the draft Terms of Reference of the Climate Action Committee;
AND THAT Council provides direction regarding the Climate Action Committee’s request to have a Municipal staff member serve as a recording secretary;
AND FURTHER THAT Council provides direction pertaining to the declaration of a “Climate Emergency”.
10. Chief Administrative Officer Report No. 20-05
RE: Municipal Legal Services
Moved by L. Golden Resolution #03-12-2020 Seconded by D. Myles
THAT Council directs to staff undertake a Request for Proposal (RFP) process for the provision of legal services for the Municipality of Northern Bruce Peninsula.
11. Accounts Payable Voucher
RE: December 2019
Moved by D. Myles Resolution #03-13-2020 Seconded by M. Myles
THAT Council receives approved Accounts Payable Voucher, December 2019, in the amount of $3,191,218.22.
12. Resolution- The Town of Deep River
RE: Develop Nuclear Reactor Technology
Moved by L. Golden Resolution #03-14-2020 Seconded by J. Mielhausen
THAT Council receives the attached resolution, as information.
Councillor Golden requested an update on the ROMA Conference delegations. Mayor McIver said the delegation on the purchase of the “closed” MTO maintenance yard on Hay Bay Road and intersection improvements in Tobermory resulted in some discussion including the possibility of a long-term lease option. Regarding the Lion’s Head Community Centre and Arena delegation, Mayor McIver said that they received a positive response. Councillor Myles suggested that the draft conference delegation documents be brought before Council for approval prior to any conference.
Deputy Mayor Myles inquired on the status of the vacant union position. Mr. Jones said Mr. Cameron, Public Works Manager, will receive some direction after the negotiation process concludes.
Councillor Mielhausen informed that the fall bear hunt in NBP is proposed to be eliminated and requested that Council communicate with Mr. Bill Walker, MPP, in this regard. Mr. Jones said that further information on this topic can be brought to the February 10, 2020 Council Meeting.
Mayor McIver read a letter of resignation from Bill Jones, CAO. Mayor McIver stated that the Municipality has benefitted from his knowledge and expertise. Mr. Jones indicated that he will be happy to assist through the transition process. Council agreed that an emergency Special Council Meeting be scheduled to discuss CAO recruitment. Council called a Special Council Meeting for Thursday, January 30, 2020 at 9:00 a.m.
Having declared a conflict of interest, Councillor Myles took her place in the audience at this time.
1. Ministry of Heritage, Sport, Tourism and Culture Industries- 2019-20 Tourism Development Fund- Implementation of the Sustainable Tourism Action Plan Project your application for a grant of $80,000 has been approved- Council acknowledged the good news of receiving this funding
2. Wayne R. Bumstead- request for Council to demand survey results with a confidence level of closer to 90% in regards to the STA survey by increasing the sample size- noted and filed
3. Paul Belisle- concerns with draft STA regulations and considering whether I should continue renting out my cottage- noted and filed
4. Laurie Ristmae- request for Council to consider a voluntary community member managed cottage rental group- noted and filed
5. Michael Jaworski- concerns and disappointment with the STA process survey- noted and filed
6. Colleen Naylor- objections to recent actions of Council in relation to the regulation of STA’s in the Municipality- noted and filed
7. Shari Chambers- request Council deliberate on behalf of all affected rate payers in NBP, not just a small portion of complainers- noted and filed
8. Linda Lovegrove- concerns with the process being undertaken to address complaints in the municipality against owners of rental properties- noted and filed
Councillor Myles resumed her place at the Council table at this time.
9. Harold G. Elston- letter addressed to Deputy Mayor Myles dated January 20, 2020- Request for Advice- Gifts, Benefits and Hospitality- Council thanked the Deputy Mayor for requesting the advice noting that it had been read. Councillor Myles commented that the information is good to know for the future
10. Ewa Pedziwilk- 2019 Ontario Economic Outlook and Fiscal Review- A Plan to Build Ontario Together- Chapter 2- noted and filed
11. Ewa Pedziwilk- Ontario Community Infrastructure Fund recipients- Datasets-Ontario Data Catalogue- noted and filed
12. Ewa Pedziwilk- Building Rural Ontario Together- bring this correspondence to Mr. Deska’s attention
13. Minister of Transportation- letter addressed to Mayor McIver dated January 17, 2020- Draft Transportation Plan for Southwestern Ontario- noted and filed
14. MPAC- 2019 Year-End Assessment Report- noted and filed
15. OPP- New Year- New OPP Efficiency- January 2020- noted and filed
16. Human Trafficking Community Awareness Sessions- Lucknow Sports Complex- January 23, 2020 from 6 30 p.m. to 9 30 p.m. and February 20, 2020 from 10 00 a.m. to 2 00 p.m. – noted and filed
17. Public Health Grey Bruce- National Non-Smoking Week- Start Your Quit Story- noted and filed
18. Congratulations to Cheri Hofstrand on her successful completion of the Parliamentary Meeting Protocol Course- Mayor McIver congratulated Mrs. Hofstrand on her accomplishment noting that the Municipality is pleased to see staff advance themselves
19. Teresa Gowan- Approved Minutes of Multi-Municipal Wind Turbine Working Group of November 14, 2019, Introduction read by Chair Randy Roppel and letter to Bill Walker and Lisa Thompson- noted and filed
Moved by L. Golden Resolution #03-15-2020 Seconded by D. Myles
THAT the correspondence be received for information, as printed and circulated.
READING OF BY-LAWS
Moved by L. Golden Resolution #03-16-2020 Seconded by J. Mielhausen
THAT the following listed by-laws be given 1st, 2nd and 3rd reading and enacted:
2020-11 BEING A BY-LAW TO AUTHORIZE A LEASE AGREEMENT BETWEEN THE BRUCE PENINSULA SOCIETY OF ARTISTS AND THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA
2020-15 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA HELD MONDAY, JANUARY 27, 2020
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, e) litigation or potential litigation including matters before administrative tribunals affecting the municipality or local board (Georgian Drive), and b) personal matters about an identifiable individual including municipal or local board members, and f) advice that is subject to solicitor client privilege including communications necessary for that purpose (outstanding legal matters) and (Native Land Claim).
Moved by L. Golden Resolution #03-17-2020 Seconded by D. Myles
THAT Council move into closed meeting at 3:37 p.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, e) litigation or potential litigation including matters before administrative tribunals affecting the municipality or local board (Georgian Drive), and b) personal matters about an identifiable individual including municipal or local board members, and f) advice that is subject to solicitor client privilege including communications necessary for that purpose (outstanding legal matters) and (Native Land Claim).
RECONVENE FROM “CLOSED SESSION” TO RESUME COUNCIL MEETING
Moved by J. Mielhausen Resolution #03-18-2020 Seconded by L. Golden
THAT Council reconvenes from Closed Session at 4:05 p.m. and resumes the Council meeting.
The CAO was given direction to proceed accordingly.
Moved by L. Golden Resolution #03-19-2020 Seconded by D. Myles
THAT the meeting adjourns at 4:07 p.m. Carried