THE CORPO TION OF THE TOWN OF SOUTH BRUCE PENINSULA MEETING NUMBER TWO FEBRUARY 5, 2013 The Council of the Corporation of the Town of South Bruce Peninsula met on Tuesday February 5, 2013 in the Municipal Council Chambers. 1 CALL TO ORDER Mayor Close called the meeting to order. TIME: 1:00 PM Mayor Close congratulated the organizers of the Wiarton Willie Festival on an amazing event. He indicated that he was interviewed by many new stations and people visited from all over the world. 2. ATTENDANCE AND REGRETS It was noted that all members of Council were present except Councillor Bowman. 3. DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF Mayor Close asked Council to declare any pecuniary interest at this point in the meeting or when required. Mayor Close indicated that he does not have a pecuniary interest with the delegation but as he is a member of the Rotary Club, he will be removing himself from the meeting for transparency purposes. 4. AUTHORIZE CLOSED SESSION R-55-2013 It was MOVED by K. Klages, SECONDED by J. Jackson and CA ED THAT the Council of the Town of South Bruce Peninsula be authorized to proceed into "Closed Session on February 5, 2013 in order to address a matter pertaining to: Personal matters about an identifiable individual, including municipal or local board employees (Council/Staff Considerations) Litigation or potential litigation, including matters before administrative tribunals affecting the municipality or local board AND Advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Sauble Medical Clinic) 1
Litigation or potential litigation, including matters before administrative tribunals affecting the municipality or local board AND Personal matters about an identifiable individual, including municipal or local board employees (Outstanding Invoices) 5. PROCEED INTO CLOSED SESSION R-56-2013 It was MOVED by K. Klages, SECONDED by M. Standen and CARRIED THAT Council proceeds into closed session. TIME 1:02 PM 6. RECONVENE INTO OPEN SESSION R-57-2013 It was MOVED by K. Klages, SECONDED by M. Standen and CARRIED THAT the Council reconvenes to open session. TIME 1:25 PM 7. DIRECTION FROM CLOSED-COUNCIL/STAFF CONSIDERATIONS Mayor Close indicated that this was for information purposes. 8. DIRECTION FROM CLOSED-CONTINUATION OF CLOSED SESSION Mayor Close indicated that Council will proceed into closed session later in the meeting as not all items for closed session were completed. 9. PUBLIC NOTICE/GENERAL ANNOUNCEMENTS-BUDGET MEETINGS Clerk/CEMC Cathrae read the public notice regarding the upcoming budget meetings. It was noted that budget meetings will be held on January 30, 2013 from 9am-4pm, February 4, 2013 from 9am-4pm and February 8, 2013 from 9am-4pm. 10. PUBLIC NOTICE/GENERAL ANNOUNCEMENTS-PUBLIC MEETING TO CONSIDER TAX RATE BY-LAW Clerk/CEMC Cathrae read the public notice regarding the public meeting prior to Council considering the Tax Rate By-Law. It was noted that it will be held on February 19, 2013 at 6:00 pm. 11. ADOPTION OF MINUTES-REGULAR COUNCIL R-58-2013 2
It was MOVED by K. Klages, SECONDED by M. Standen and CA ED THAT the minutes of the January 15, 2013 regular meeting of Council be adopted as received. 12. ADOPTION OF MINUTES-COMMITTEES OF COUNCIL R-59-2013 It was MOVED by M. Standen, SECONDED by K. Klages and CARRIED THAT the minutes of Committees of Council as listed, be adopted as circulated: Physician Recruitment and Retention Committee-January 8, 2013 Wiarton BIA-April 10, 2012 Police Services Board-December 19, 2012 Airport Joint Municipal Service Board-December 20, 2012 Municipal Heritage Committee-December 14, 2012 Planning Approval Committee-November 28, 2012 13. INTRODUCTION OF ADMINISTRATOR Mayor Close welcomed Jacquie Farrow-Lawrence as the new Administrator. 14. MHC01-2013 PRE-BUDGET APPROVAL TO ATTEND HERITAGE NETWORKING Council discussed the fact that the Heritage Committee was to decide on how to spend their budget. The mileage would be for an approved seminar. R-60-2013 THAT Council grants pre-budget approval in the amount of $60.00 plus mileage to permit members of the Municipal Heritage Committee to attend the Heritage Networking Forum on February 21, 2013; AND FURTHER THAT the registration fee of $60.00 be coded to GL account 10-06-544. 15. PRRC01-2013 APPOINTMENT OF NEW MEMBER TO THE PHYSICIAN RECRUITMENT AND RETENTION COMMITTEE R-61-2013 3
THAT Dr. Shiv Grewal be appointed as a member of the Physician Recruitment and Retention Committee; AND FURTHER THAT the Clerk be directed to prepare a report and appointment by-law for Council consideration. 16. CB003-2013 REQUEST FOR COMMENTS, CONSENT TO SEVER LAND-FILE B-02-2013.54 EVAN STEACY R-62-2013 It was MOVED by J. Kirkland, SECONDED by J. Turner and CA ED THAT the Town of South Bruce Peninsula municipal requirements for the consent application are as follows: when and if required, all applicable permits will be obtained and the owner shall pay the $300.00 administration fee. 17. MLE002-2013 REMOVAL OF SNOW AND ICE FROM SIDEWALKS R-63-2013 THAT a by-law respecting the removal of snow and ice from sidewalks be placed on an upcoming Council agenda for consideration. 18. MLE003-2013 ANIMAL CONTROL BY-LAW (DOLRA) R-64-2013 THAT a by-law respecting Animal Control be placed on an upcoming Council agenda for consideration. 19. FCO2-2013 EXTENSION OF LEASE AGREEMENT AT 21 SAUBLE FALLS PARKWAY Council discussed the fact that the lease is to the province however we pay through the OPP contract. R-65-2013 THAT Report FCO2-2013 be received; 4
AND THAT Council agrees to a further 5 year extension to the lease with Her Majesty the Queen for the property located at 21 Sauble Falls Parkway; AND THAT the new lease price be $12 per square foot for 2013, $13 per square foot for 2014, $14 per square foot for 2015, $15 per square foot for 2016 and $16 per square foot for 2017; AND THAT the lease provide 2 further options to extend the lease subject to market rates, 6 months prior written notice and no real estate commission to be paid by the Town; AND THAT resolution R-688-2012 is hereby rescinded; AND FURTHER THAT a by-law to authorize the Mayor and Clerk to enter into an agreement with Her Majesty the Queen be placed on an upcoming Council agenda for consideration. 20. FCO3-2013 OPEN Am URING BY-LAW Manager of Emergency Services Robinson indicated that the by-law has been redrafted and is entirely new. Since he has been here, he has been monitoring the effects of the existing by-law. He has identified changes which will make enforcement easier and make it easier for the residents. He outlined the changes to the by-law including non-recreational burning and recreational burning. The recreational burning is limited to a burning area of 2 feet x 2 feet. He explained the zones where burning is not permitted. He showed a map which outlined the areas including cottage and high density residential. 90% of the complaints come from the Sauble area where the lots are small and cannot support non-recreational fires. Also included in the by-law are provisions in response to the question about BBQ's on Lakeshore Blvd. BBQ's are not permitted in this by-law on any municipal property including road allowances unless permitted by the Town. Also prohibited is the setting off of "flying lanterns". These have become a problem in many tourist areas. Council discussed the "flying lanterns" and the complaints received. Manager of Emergency Services Robinson indicated that there is no regulation on the "flying lanterns". Complaints must be filed with Health Canada who will monitor the complaints over a number of years prior to making a decision on legislation. Council discussed the fact that the retailers in Sauble sell the "flying lanterns". Manager of Emergency Services Robinson indicated that there is no method of stopping sales but a public education program will be implemented to discuss the dangers of the "flying lanterns" with retailers. He indicated that the public education program could extend to neighbouring municipalities where the lanterns are also sold. Enforcement will be important. Council discussed parks where BBQ's are currently permitted. Manager of Emergency Services Robinson indicated that he will sit with the Manager of Public Works and decide what areas BBQ's could be used in and appropriate signage will be placed. Council discussed sending the by-law to the Crown Law Office to have a critique of the by-law for enforcement purposes. By-Law Enforcement/Animal Control Officer Hopkins indicated that the by-law should be sent prior to passing so that any corrections can be made. R-66-2013 5
THAT report FCO3-2013 be received; AND THAT that by-law to regulate open air burning be placed on an upcoming Council meeting for consideration. AND FURTHER THAT the by-law be sent to the Crown Law Office prior to it being placed on an agenda for consideration. 21. FC04-2013 PURCHASING POLICY AND EMPLOYEE INTERESTS R-67-2013 It was MOVED by J. Kirkland, SECONDED by J. Turner and CA ' ED WHEREAS the Council of the Town of South Bruce Peninsula have passed By-Law 44-2009 which adopted the Manual Governing the Policies and Procedures for the Corporation of the Town of South Bruce Peninsula; AND WHEREAS Policy TR.17.1 Clause 2.3 prohibits the Town of South Bruce Peninsula from purchasing or accepting a tender or quotes from any individual when an appointed officer or employee of the town has an interest directly or indirectly with the contracting party; AND WHEREAS the Town's Manager of Financial Services is desirous of maintaining present relationships with the various contracting parties; NOW THEREFORE the Council of the Town of South Bruce Peninsula recommends that the following individual be added to the listing as indicated: Name Department Services/Goods Add Adam Mahy All Departments/Fire Electrician Department Employee 22. DELEGATION-MIKE MASON, ROTARY CLUB OF WIARTON AND SALVATION ARMY-WIARTON FOOD BANK Mayor Close indicated that he does not have a pecuniary interest but for transparency, he will leave the room during the delegation as he is a member of the Rotary Club. Deputy Chair McKenzie assumed the Chair. TIME 1:55 PM BREAK 1:55 PM RECONVENE 2:00 PM Deputy Chair McKenzie welcomed Mr. Mason from the Rotary Club. Mr. Mason made a correction to his document and indicated that "poverty" should be defined as "low income cut- 6
off'. He explained that the food bank use is at an all time high. Access to fruits, vegetables, lean meats and dairy have become expensive. Mr. Mason explained that the Salvation Army operates the local food bank. People in the community recognize the need for adequate perishable food storage. Storage upgrades have become a priority. Mr. Mason explained the fact that donations are mostly non-perishable products. A membership of $2,500 is paid (by the Food Bank) to the Ontario Association of Food Banks which provides product including frozen product. Clients are allowed to visit the local Food Bank once per month with one emergency visit in extreme cases. This past Christmas, 400 Christmas hampers were distributed in addition to the regular monthly visit. 80% of the people on the numbers list are regular users. Mr. Mason explained that the local Food Bank can only accept 5% of fresh foods and 20% of frozen foods. The target beyond 2013 is to try to increase the frozen and fresh food distributed which will increase the nutritional value of the food distributed. The cost of the project is $35,000 which is the purchase of a freezer and refrigerator, both are a walk in. There is limited equipment available. The price is delivered and installed. The units are portable so they can be relocated if necessary. The current location requires building upgrades including site set up and electrical. Mr. Mason thanked Council and asked for considered support of the project. Council discussed the partners the Food Bank has which helps to provide the Food Bank with food. Council asked about grants. Mr. Mason indicated that he has not looked into grants at this time. Part of the ongoing project will be partnerships with corporations. Council discussed Trillium grants and applications and Bruce Power funding. Council asked about the ability to differentiate between those who need and those who don't need the Food Bank. Mr. Mason indicated that the discussions with the Salvation Army have been that the applicants go through a rigorous application process to qualify to use the Food Bank. Council asked about the statistic of 70% of children attending school being low income; this is higher in our area. Mr. Mason indicated that at PSDS the number is 57%, Sauble is 16% and Hepworth is 32%. The low income cut-off numbers after taxes, based on 2011 for a single person is $14,454 for an urban area. A rural family low income cut-off is around $23,000. Mr. Mason explained parameters which explain a low income household. The low income cut-off is reached at 63% of the family spending on food, shelter and clothing; there is very little left over for heat, hydro, telephone, gas and other spending. Mr. Mason indicated that he can steer Council to the Stats Canada site and the Ontario Food Bank website to verify the figures in the presentation. Deputy Chair McKenzie thanked Mr. Mason for his presentation and indicated that Council would consider his request during budget deliberations. Mayor Close returned to the Council table and assumed the Chair. TIME 2:20 PM 23, PW04-2013 ALBEMARLE QUARRY-HSC AGGREGATES LTD. 7
Manager of Public Works Gray indicated that there are a couple of quarries who want to develop. The residents are not in favour of them going to the County Road. This would be built to be full loads and would bring the truck traffic to the Highway. Council discussed the fact that other quarries may use this road as well and the fact that residents are in support. Council discussed opening the road allowance onto the Highway. Manager of Public Works Gray indicated that the developers would be responsible for working out all of the issues. In essence there is already an intersection there. R-68-2013 THAT Council approve for HSC Aggregates Ltd. to proceed with the development of a road on the unopened road allowance described which runs from Kings Crescent to the intersection of Limberlost Road and Provincial Highway 6; AND THAT HSC Aggregates Ltd. pay all associated fees and charges associated with opening the road; AND FURTHER THAT HSC Aggregates Ltd. be responsible for all permits, reports, studies and consultation at their own expense. 24. CLK07-2013 SERVICE AGREEMENT FOR ANIMAL CONTROL/BY-LAW ENFORCEMENT WITH NORTHERN BRUCE PENINSULA W69-2013 THAT the necessary by-law to authorize the Mayor and Clerk to sign a service agreement with Northern Bruce Peninsula for the provision of by-law enforcement and animal control services be placed on an upcoming Council agenda for consideration. 25. ITEMS REFERRED-SAUBLE WATER AND SEWER ENVIRONMENTAL STUDY REPORT (JANUARY 15, 2013) Council discussed the Ad Hoc Committee report and the findings that the water table is relatively safe. There was a precaution to test the ditches for e-coli and caffeine. The Clerk/CEMC explained that Council would need to decide if they are accepting recommendations in the Environmental Study Report or if they are withdrawing the sewer project. Manager of Financial Services Neifer indicated that there are over one million dollars in financing costs which must be discussed. Mayor Close indicated that those costs could be discussed at budget deliberations. R-70-2013 It was MOVED by J. Jackson, SECONDED by K. Klages and CA ED 8
THAT in accordance with the recommendations of the Sauble Sewer Ad Hoc Committee, the Sauble Sewer Project will not continue; AND FURTHER THAT the Town will not move forward with the ESR recommendations. 26. BY-LAWS-FIRST AND SECOND READING R-71-2013 It was MOVED by K. Klages, SECONDED by C. Thomas and CA ' ED THAT By-Law 8-2013 Being a By-Law to Amend By-Law Number 44-2009 Being a By-Law to Adopt the Manual Governing the Policies and Procedures for the Corporation of the Town of South Bruce Peninsula (Statutory Holidays) be read a first and second time 27. BY-LAWS THIT'D READING R-72-2013 It was MOVED by C. Thomas, SECONDED by K. Klages and CARRIED THAT By-Law 8-2013 be read a third time and finally passed 28. MATTERS OF URGENCY No matters of urgency were presented. 29. NOTICE OF MOTION No notices of motion were presented. 30. PUBLIC MEETINGS There were no public meetings. 31. REPORTS FROM COUNCIL MEMBERS Mayor Close explained that the County is moving into budget meetings. The Wiarton Willie Festival was a great success. 32. UPCOMING MEETINGS Council noted the upcoming meetings. 33. UNFINISHED BUSINESS 9
R-73-2013 It was MOVED by J. Jackson, SECONDED by K. Klages and CARRIED THAT Council notes the contents of report CLK06-2013 Unfinished Business presented on February 5, 2013. 34. PROCEED INTO CLOSED SESSION R.-74-2013 It was MOVED by K. Klages, SECONDED by M. Standen and CA ED THAT Council proceeds into closed session. TIME 2:38 PM Mayor Close indicated that closed session could be half to one hour in length. 35. RECONVENE INTO OPEN SESSION R-75-2013 It was MOVED by M. Standen, SECONDED by K. Klages and CARRIED THAT the Council reconvenes to open session. TIME 3:42 PM 36. DIRECTION FROM CLOSED-COUNCIL/STAFF CONSIDERATIONS Mayor Close indicated that the item was received for information purposes. 37. DIRECTION FROM CLOSED-SAUBLE MEDICAL CLINIC Mayor Close indicated that staff have been given direction in closed session. 38. DIRECTION FROM CLOSED-OUTSTANDING INVOICES R-76-2013 It was MOVED by K. Klages, SECONDED by P. McKenzie and CARRIED THAT staff are directed to pay the outstanding account to Cuesta Planning in the amount of $12,882 in payment of 2011 work performed on the Wiarton South Settlement Area Study and the Sauble Beach Core Area Study. 39. CONFIRMATORY BY-LAW 10
R-77-2013 It was MOVED by K. Klages, SECONDED by M. Standen and CA I " Ell THAT By-Law 9-2013 Being a By-Law to Confirm the Proceedings of the Council of the Corporation of the Town of South Bruce Peninsula be read a first, second, third time and finally passed. 40. ADJOURN R-78-2013 It was MOVED by K. Klages, SECONDED by M. Standen and CA 10 ED THAT the meeting adjourn. TIME 3:45 PM 11