MUNICIPALITY OF NORTHERN BRUCE PENINSULA COUNCIL MEETING No. 10-09 MINUTES at 1:00 P.M. MEMBERS PRESENT: Mayor Milton McIver Deputy Mayor Edward Hayes Councillors Jeff Mielhausen Ray Burns Tom Boyle STAFF PRESENT: Chief Administrative Officer, Cathy Robins Clerk, Mary Lynn Standen Treasurer, Teresa Shearer Deputy Clerk, Cathy Addison Public Works Manager, William Rydall Assistant Public Works Manager, Troy Cameron Chief Building Official, Don Johnstone Facilities Supervisor, Marshall Tigert Fire Chief, Michael Henderson Secretary, Charlotte Martindale OTHERS PRESENT: Evelyn Dean Gayle Graham Jeremy Thorn Elizabeth Thorn Bonnie Lendrum Marg Rouse Owen McManamon Clara Lutomski Bill Lutomski Jack Schenk Don Scott DISCLOSURE OF PECUNIARY INTEREST Mayor McIver called the meeting to order and Council members were reminded to disclose any pecuniary interest that may arise during the course of the meeting. No disclosures of pecuniary interest were expressed at this time. APPROVAL OF THE AGENDA Moved by J. Mielhausen Resolution # 09-01-2010 Seconded by E. Hayes THAT the content of the Agenda be approved with an amendment to the following By-law: READING OF BY-LAWS 2010-28 BEING A BY-LAW TO AMEND BY-LAW NO. 2008-37 BEING A BY-LAW TO AUTHORIZE THE APPOINTMENT OF LIVESTOCK VALUERS FOR THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA ADOPTION OF MINUTES Re: Council Meeting No. 10-08- March 22, 2010 Moved by R. Burns Resolution # 09-02-2010
Council Meeting No. 10-09 2 DELEGATIONS THAT the minutes of Regular Council Meeting No. 10-08, March 22, 2010, be approved as printed and circulated. 1. Gayle Graham, Owen Sound Family YMCA, C.E.O. Evelyn Dean, Cabinet Member Re: YMCA Campaign Presentation Ms. Evelyn Dean introduced herself and Ms. Gayle Graham and discussed the importance of the YMCA and how it contributes to the community. Ms. Dean is requesting support in principle for the construction of the YMCA aquatic facility at the Regional Recreation Centre that may help in future funding applications. Ms. Graham reviewed the power point presentation of the Regional Recreation Centre in Owen Sound including the amenities that would be housed within. The YMCA will operate the aquatic facility and the City of Owen Sound will operate the ice surface. The YMCA is a self sufficient organization thanks to the support of the community (user pay) and service clubs in the area. The Facilities Supervisor asked how the rates were set and he was informed that every user is charged the same rate. On behalf of Council and Staff, Mayor McIver would like to thank the delegation for the YMCA update. 2. Greenough Harbour Landowners Re: Greenough Harbour Issues Mr. Jeremy Thorn reviewed presentation regarding the Greenough Harbour underground telephone service and lack thereof. Mr. Thorn noted that there are permanent residents living there and that it is crucial that a telephone service be available in case of emergencies, etc. Mayor McIver noted that he understands that the developer is in discussion with Grey Bruce Telecom regarding a wireless system. Mr. Thorn advised that they have tried the route of a wireless system through Mr. John Schnurr in 2008 and that did not work. Mr. Thorn noted that they will be addressing another wireless option through Grey Bruce Telecom in the near future, but do prefer having the underground lines as promised in the Subdivision Agreement. Councillor Boyle suggested asking Eastlink (Amtelecom) to provide basic service. Mayor McIver thanked Mr. Thorn for his presentation.
Council Meeting No. 10-09 3 CONSIDERATION OF AGENDA ITEMS 1. Public Works Department Report PW 10-27 Re: 2009 Annual Report Operation and Maintenance Report for Tobermory Sewage Works Moved by R. Burns Resolution # 09-03-2010 THAT Council receives PW 10-27 report as information as it relates to the 2009 Annual Report Operation and Maintenance of Tobermory Sewage Works System. 2. Public Works Department Report PW 10-28 Re: 3rd Party Commitment Agreement Health, Safety and Environment Moved by T. Boyle Resolution # 09-04-2010 Seconded by E. Hayes THAT Council receives PW 10-28 report as information as it relates to the 3 rd Party Commitment Agreement for Health, Safety and Environmental information. 3. Public Works Department Report PW 10-30 Re: 5/8" Crushed Gravel Tender Moved by J. Mielhausen Resolution # 09-05-2010 THAT Council received Public Works Report PW-10-30 as information regarding the gravel tender; and THAT Council awards the 5/8" crushed gravel tender to Harold Sutherland Construction in the amount of $240,141.15 including taxes. 4. Public Works Department Report PW 10-31 Re: Surface Treatment Tender Moved by R. Burns Resolution # 09-06-2010 THAT Council received Public Works Report PW-10-31 as information; and THAT Council awards the Surface Treatment Tender to MSO Construction Limited in the amount of $371,931.00 including taxes.
Council Meeting No. 10-09 4 5. Public Works Department Report PW 10-32 Re: Amendments for Construction Budget 2010 Mayor McIver noted that this report be addressed during the Spring Road Tour. Moved by E. Hayes Resolution # 09-07-2010 THAT Council defers Public Works Report PW-10-32 with regards to amendments for the construction budget for 2010 until after Council has reviewed during the Spring Road Tour. 6. Fire Chief Report FC 10-10 Re: Information and Updates Moved by T. Boyle Resolution # 09-08-2010 THAT Council receives the Fire Chief's Report FC 10-10, as information regarding the Fire Chief and Community Emergency Management Coordinator and Fire Department activities for the month of March. 7. Chief Building Official Report CBO 10-06 Re: March 2010 Building Report Moved by J. Mielhausen Resolution # 09-09-2010 Seconded by E. Hayes THAT Council receives the March 2010 Building Report, as information. 8. Facilities Supervisor Report FS 10-14 Re: Olympia Ice Resurfacer Advertising Information The Facilities Supervisor noted that the Fees and Charges By-law would need to be amended once a rate is established for advertising on the ice resurfacer. It was noted that the opportunity for advertising on the ice resurfacer can be advertised via the Municipal Notice Board and the Municipal Website. Moved by T. Boyle Resolution # 09-10-2010 THAT the Council receives the Facility Supervisor's report No. 10-14 as information regarding Olympia Ice Resurfacer Advertising.
Council Meeting No. 10-09 5 9. Clerk Report C 10-10 Re: Potential Trillium Funding Rotary Hall 59 Main Street The Clerk reviewed the report and noted that funding would be more favourable if the Rotary Hall was seen as a multi-use building, with focus on arts/culture and/or sports/recreation such as choirs, theatre group, etc. The funding is not available for any cosmetic work on the building. Moved by T. Boyle Resolution # 09-11-2010 THAT Council recommends the development of the dynamics of the Rotary Hall located at 59 Main Street, Lion's Head, namely, to local arts and cultural organizations/groups for the purposes of special presentations and productions and to also encourage the establishment of health, wellness and recreational programming in this facility; and FURTHER THAT assigned Staff collaborate with said organizations and groups to ascertain their interest in this proposal; and FURTHER THAT the Lion's Head Rotary Club will be an integral part of this exercise to broaden the activity base of the facility; and FURTHER THAT Council supports the submission of a request for capital funding from the Trillium Foundation once it has been determined the area of the Rotary Hall facility to form the basis of the application and including the naming of the partnering stakeholders. 10. Clerk Report C 10-11 Re: Lion's Head Farmer's Market 2010 Moved by T. Boyle Resolution # 09-12-2010 Seconded by E. Hayes THAT Council supports Clerk Report C 10-11 as it relates to the return of the Lion's Head Farmer's Market to the community for the 2010 season; AND THAT the Clerk be instructed to notify Tina Chladny accordingly. 11. Clerk Report C 10-12 Re: 2010 Municipal Election - Vote By Mail - Optical Scanning Vote Tabulators Moved by R. Burns Resolution # 09-13-2010 THAT Council endorses "Vote by Mail" (VBM) as the preferred method of conducting the 2010 Municipal Election in this Municipality in conjunction with the use of Optical Scanning Vote Tabulators; and THAT Council authorizes the Mayor and Clerk to enter into agreements to effect same; and THAT the necessary by-laws be prepared for Council's consideration of passage at the April 26, 2010 Council meeting.
Council Meeting No. 10-09 6 12. Clerk Report C 10-13 Re: Shores of Bruce Peninsula Draft Plan of Subdivision File No. 41T-2009-04.62 Owner: William Tyler Related Report: C 09-67 Municipal Matters Council discussed and felt that this application should be dealt with at the planning level; however, that an aerial photo of the subject lands be obtained. Moved by T. Boyle Resolution # 09-14-2010 THAT Clerk Report C 10-13 relating to Municipal matters associated with the Shores of Bruce Peninsula draft plan of subdivision (File No. 41T-2009-04.62) be deferred. 13. Clerk Report C 10-14 Re: 2010 Municipal Elections Establishment of Compliance Audit Committee Moved by E. Hayes Resolution # 09-15-2010 THAT Council approves the establishment of a Compliance Audit Committee as set out in Clerk Report C 10-14 and in accordance with the Municipal Elections Act, 1996, as amended (MEA); and THAT the Clerk be instructed to commence the recruitment process for three (3) Compliance Audit Committee members and bring forth a recommendation to Council upon completion of this process; and THAT the rate of remuneration for the Compliance Audit Committee members shall be paid at the rate of $30.00 per hour/member/sitting; and THAT Fees and Charges By-law 2010-07 be amended accordingly to reflect the remuneration rate for the Compliance Audit Committee members; and THAT Council will approve the passage of the Compliance Audit Committee appointment by-law no later than October 1, 2010. 14. Clerk Report C 10-15 Re: Proposed 2010 Summer Field Lacrosse Program (Organizers: Tanya Swanton and Cheryl Liverance) Moved by T. Boyle Resolution # 09-16-2010 THAT Council supports the request from Tanya Swanton and Cheryl Liverance to organize a summer field lacrosse program at the Bruce Peninsula District School; AND THAT Council endorses this being considered as a Municipal program for insurance purposes provided that the organizers obtain the necessary authorization from the Bluewater District School Board for the use of the Bruce Peninsula District School facility in Lion's Head.
Council Meeting No. 10-09 7 15. Clerk Report C 10-16 Re: T & P Hayes Preferred Holdings (c/o Cuesta Planning Consultants) File No. B-11-2010.64 Units 1, 51, 52 and 53, Plan D-7 Parts 1 and 2, RP 3R-8242 Bury Street (Roll Nos. 640-1-016) Municipality of Northern Bruce Peninsula Related File Nos.: Z-10-2010.64 Deputy Mayor Hayes declared conflict of interest, vacated his chair and left the council chambers. Moved by T. Boyle Resolution # 09-17-2010 THAT Council defers Clerk Report C 10-16 as it relates to a request for comments on a Consent File No. B-11-2010.64. At this time, Deputy Mayor Hayes resumed his place in the meeting. 16. Clerk Report C 10-17 Re: Spruce the Bruce Community Economic Development Initiative Councillor Boyle spoke to the inclusion of Ferndale in the first phase. The Clerk advised that the downtown and harbor areas of Lion s Head and Tobermory will form the basis of Phase 1; however, Ferndale and other similar centres may be considered in future initiatives. Moved by R. Burns Resolution # 09-18-2010 Seconded by E. Hayes THAT Council receives Clerk Report C 10-17 (Summary Report from Meeting #2-6APR10) as information as it relates to the Spruce the Bruce initiative which is a partnership between our Municipality and the County of Bruce Planning and Economic Development Department. 17. Chief Administrative Officer Report CAO 10-09 Re: Ontario Municipal Internship Program The Chief Administrative Officer noted that interviews will commence on Monday, April 19, 2010. Moved by E. Hayes Resolution # 09-19-2010 That Council receives CAO Report 10-09 relating to the Ontario Municipal Internship Program; That Council authorizes passage of By-law2010-33 to enter into an agreement with the Association of Municipal Managers, Clerks and Treasurers of Ontario concerning the Ontario Municipal Internship Program at the April 26, 2010 meeting of Council.
Council Meeting No. 10-09 8 18. Chief Administrative Officer Report 10-10 Re: Cabot Head Lighthouse Leases It was noted that contained within the Cabot Head Lease, under Definitions #4, Township of Lindsay should be replaced with the Municipality of Northern Bruce Peninsula. Moved by R. Burns Resolution # 09-20-2010 That Council receives CAO Report 10-10 concerning renewal of leases for the Cabot Head Lighthouse; That Council authorizes passage of By-law 2010-34 to renew the lease agreement for the Cabot Head Lighthouse with the Department of Fisheries and Oceans at the April 26, 2010 meeting of Council; That Council authorizes passage of By-law 2010-35 to renew the lease agreement for the Cabot Head Lighthouse with the Friends of Cabot Head at the April 26, 2010 meeting of Council. 19. Chief Administrative Officer Report CAO 10-11 Re: Land Acquisitions - Johnsons Harbour Road Moved by J. Mielhausen Resolution # 09-21-2010 That Council receives CAO Report 10-11 concerning land acquisitions for the Johnsons Harbour Road; That Council authorizes the passage of By-law 2010-36 to authorize the acquisition of Part of Lot 10, Concession 3, W.B.R. (former St. Edmunds) being Part 4 of Plan 3R-4726 at their meeting today. 20. History Committee Meeting No. 10-02, March 3, 2010 Moved by E. Hayes Resolution # 09-22-2010 THAT Council adopt History Committee Meeting No. 10-02, March 3, 2010. 21. Occupational Health & Safety Committee Meeting 10-01, March 17, 2010 Moved by R. Burns Resolution # 09-23-2010 THAT Council adopt Occupational Health & Safety Committee Meeting No. 10-01, March 17, 2010.
Council Meeting No. 10-09 9 22. Fire Advisory Committee Meeting No. 10-02, March 23, 2010 Moved by R. Burns Resolution # 09-24-2010 THAT Council adopt Fire Advisory Committee Meeting No. 10-02, March 23, 2010. 23. Emergency Management Program Committee Meeting No. 10-01, March 26, 2010 Moved by E. Hayes Resolution # 09-25-2010 THAT Council adopt Emergency Management Program Committee Meeting No. 10-01, March 26, 2010. 24. MNBP Cemetery Board Meeting No. 10-01, March 30, 2010 Moved by J. Mielhausen Resolution # 09-26-2010 THAT Council adopt MNBP Cemetery Board Meeting No. 10-01, March 30, 2010. 25. National Parks Community Committee Meeting No. 10-03 Re: April 1, 2010 Councillor Burns noted that the National Parks Community Committee does not want the ATV s within the Parks Canada area and feel it would be a great benefit for the ATV users to use Highway 6. Council suggested that information be forwarded to the Parks Advisory Committee asking for support to request that ATV s be allowed to operate on Highway 6 400 metres north of the Dyers Bay Road to Tobermory. Council suggested that correspondence be sent to the Parks Advisory Committee, Bruce County and the Ministry of Transportation requesting ATV access and attaching the Municipality s ATV by-law. Moved by E. Hayes Resolution # 09-27-2010 THAT Council adopts National Parks Community Committee Meeting No. 10-03, April 1, 2010. Moved by R. Burns Resolution # 09-28-2010 THAT Council request Staff to correspond with the Parks Advisory Committee, County of Bruce and The Ministry of Transportation requesting access for ATV s along Highway 6, north of the Dyers Bay Road.
Council Meeting No. 10-09 10 26. Source Protection Committee Meeting #24, February 26, 2010 Moved by E. Hayes Resolution # 09-29-2010 THAT Council receives Source Protection Committee Meeting #24, February 26, 2010, as information. 27. March 2010 Account Payable Voucher #3 Councillor Mielhausen declared a conflict of interest with respect to cheque #17595 in the amount of $641.80. Mayor McIver asked that the invoices regarding the Lion s Head Harbour contract for installation/repairs to docks for 2009 be discussed at the next Council Meeting by way of a Staff Report. OTHER BUSINESS Moved by E. Hayes Resolution # 09-30-2010 THAT Council approves March 2010 Accounts Payable Voucher #3, in the amount of $2,328,336.73. 1. The Public Works Manager suggested scheduling a date for the Spring Road Tour and it was noted April 19, 2010 at 9:00 a.m., commencing at the Municipal Office was agreeable. 2. The Deputy Clerk noted the Public Meeting will be held at the St. Edmunds Community Centre on May 11, 2010 at 1:00 p.m. regarding communal water in the Downtown core area in Tobermory. Council requested Staff to distribute maps of the area at the next Council meeting. A notice will be mailed to all property owners currently in the sewage collection area in Tobermory. 3. The Public Works Manager noted that the County of Bruce has lifted the half load limits on County Roads. He advised that the Municipality will take the half load limits off next week. 4. Councillor Burns noted that he received an e-mail from the Meeting Place regarding an application for funding from United Way, submitted through the United Church, to help with expenses, material, etc. that is not covered within the municipal budget. 5. Councillor Burns noted that he attended the Grey Bruce Economic Partnership meeting and it was noted that there are 20 applications available for grants/projects. CORRESPONDENCE a) The Clerk noted the correspondence received by Principal Matt Pickett, Bruce Peninsula District School challenging Council to participate in the Cops for Cancer Shave Off on May 12, 2010 at 10:15 a.m. at the school. b) Mayor McIver noted correspondence received from Rick Salen, Director, Tobermory Chamber of Commerce regarding the underwater repairs to the federal dock by the Chi- Cheemaun loading area and the economic loss in wharfage fees as well as the loss of dockage space. Staff was requested to respond to the correspondence and prepare a Staff Report for the next Council meeting. It was noted letters be sent to the proper agencies relaying this information and explaining the detrimental effects caused to the Tobermory Harbour and area.
Council Meeting No. 10-09 11 READING OF BY-LAWS Moved by J. Mielhausen Resolution # 09-31-2010 THAT the correspondence be received for information, as printed and circulated. Moved by E. Hayes Resolution # 09-32-2010 THAT the following listed by-laws be given 1 st, 2 nd, and 3 rd reading, and enacted: 2010-17 BEING A BY-LAW TO ACCEPT A CONVEYANCE OF PROPERTY BEING THE TOBERMORY MEDICAL CLINIC AND DOCTOR S RESIDENCE 2010-28 BEING A BY-LAW TO AMEND BY-LAW NO. 2008-37 BEING A BY-LAW TO AUTHORIZE THE APPOINTMENT OF LIVESTOCK VALUERS FOR THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA 2010-29 BEING A BY-LAW TO AMEND BY-LAW #2009-69, AS AMENDED, BEING A BY-LAW TO ESTABLISH AND REGULATE A FIRE DEPARTMENT IN THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA 2010-30 BEING A BY-LAW TO AUTHORIZE THE MUNICIPALITY TO ENTER INTO AN AGREEMENT FOR THE PROVISION OF CLEANING AND MAINTENANCE SERVICES AT SANDY BEACH FOR THE 2010 SEASON 2010-36 BEING A BY-LAW TO ACCEPT A CONVEYANCE OF PROPERTY BEING PART OF LOT 10, CONCESSION 3, W.B.R. (ST. EDMUNDS) BEING PART 4 OF PLAN 3R4726 2010-37 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA HELD MONDAY, APRIL 12, 2010 CLOSED SESSION Moved by T. Boyle Resolution # 09-33-2010 THAT Council move into closed meeting at 4:08 p.m. pursuant to Section 239 of The Municipal Act, 2001, as amended, for the following reasons: 1) Personal matters about an identifiable individual including employees; 2) Litigation or potential litigation; 3) The security of property of the Municipality.
Council Meeting No. 10-09 12 RECONVENE FROM CLOSED SESSION TO RESUME COUNCIL MEETING Moved by E. Hayes Resolution # 09-34-2010 THAT Council reconvene from Closed Session at 4:54 p.m. and Resume the Council meeting. As a result of business arising from Closed Session discussions, the following recommendations were made; 1. Chief Administrative Officer Report CAO 10-09 Re: Disposal of Municipal Property Unopened Road Allowance between Lots 15 and 16, Plan 427, Dyers Bay (Gord Lawson) Moved by J. Mielhausen Resolution # 09-35-2010 THAT Council receives Chief Administrative Officer Report CAO 10-09 relating to disposal of Municipal property to Gord Lawson; and THAT Council declares the subject lands being the unopened road allowance between Lots 15 and 16, Plan 427 at Dyers Bay to be surplus to Municipal needs and authorizes disposal of these lands in accordance with the Municipal By-law governing the sale and disposition of land with half of the subject road allowance being offered to the owners of Lot 15 and Lot 16, Plan 427. 2. Chief Administrative Officer Report CAO 10-10 Re: Disposal of Municipal Property Walkway between Lots 24 and 25, Plan 417 (Marie Cartwright) ADJOURNMENT Moved by E. Hayes Resolution # 09-36-2010 THAT Council receives Chief Administrative Officer Report CAO 10-10 relating to disposal of surplus property to Marie Cartwright; and THAT Council declares the walkway between Lots 24 and 25, Plan 417 to be surplus to Municipal needs and authorizes disposal of these lands to Marie Cartwright in accordance with the Municipal By-law governing the sale and disposal of land. Moved by R. Burns Resolution # 09-37-2010 THAT the meeting adjourn at 4:58 p.m. Mayor Milt McIver Clerk Mary Lynn Standen