the corpo tion of the town of south bruce peninculi

THE CORPO TION OF THE TOWN OF SOUTH BRUCE PENINCULI.

MEETING NUMBER TWENTY-ONE NOVEMBER 69 2012

The Council of the Corporation of the Town of South Bruce Peninsula met on Tuesday November 6, 2012 in the Municipal Council Chambers.

1. CALL TO C17,E ER

Mayor Close called the meeting to order. TIME: 1:00 PM

2. ATTENDANCE AND REGRETS

It was noted that all members of Council were present.

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 will be declaring an interest under Item 4.5 Closed Session (Dynamic Beach By-Law) due to litigation or potential litigation.

4. AUTHORIZE CLOSED SESSION

R-730-2012

It was MOVED by J. Turner, SECONDED by J. Kirkland and CARRIED

THAT the Council of the Town of South Bruce Peninsula be authorized to proceed into "Closed Session on November 6, 2012 in order to address a matter pertaining to:

• Litigation or potential litigation, including matters before administrative tribunals affecting the municipality or local board AND A proposed or pending acquisition or disposition of land by the municipality or local board (Wiarton Keppel Airport)

• Labour relations and employee negotiations (Workplace Conciliation) • Advice that is subject to solicitor client privilege, including communications necessary

for that purpose (Employee Negotiations) • Litigation or potential litigation, including matters before administrative tribunals

affecting the municipality or local board (Dynamic Beach By-Law) • Personal matters about an identifiable individual including municipal or local board

employees (Water Charge)

5. PROCEED INTO CLOSED SESSION

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R-731-2012

It was MOVED by M. Standen, SECONDED by K. Klages and CA ED

THAT Council proceeds into closed session.

6. RECONVENE INTO OPEN SESSION

R-732-2012

It was MOVED by K. Klages, SECONDED by M. Standen and CARRIED

THAT the Council reconvenes to open session.

TIME 1:02 PM

TIME 1:28 PM

7. DIRECTION FROM CLOSED-- CONTINUATION OF CLOSED SESSION

Mayor Close indicated that Council will need to go back into closed session later in the meeting as not all items were completed.

8. PUBLIC NOTICE/GENERAL ANNOUNCEMENTS

Councillor Klages announced that the Accommodation Review Committee public meetings will be held on Monday November 12 at 7:00 pm at the Amabel Sauble Community School, Monday December 10, 2012 at 7:00 pm at the Amabel Sauble Community School, November 26, 2012 at 7:00 pm at the Hepworth Central School and January 21, 2013 at 7:00 pm at the Hepworth Central School. She encouraged everyone to attend all of the meetings as they are important for the community.

Mayor Close reported that there is a Flu Clinic at the Wiarton High School (Peninsula Shores District School) on November 7, 2012 from 4:00 pm to 8:00 pm.

9. ADOPTION OF MINUTES-REGULAR COUNCIL

R-733-2012


THAT the minutes of the October 16, 2012 regular meeting of Council be adopted as received.

10. ADOPTION OF MINUTES-COMMITTEES OF COUNCIL

W734-2012

It was MOVED by J. Kirkland, SECONDED by J. Turner and CARRIED

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THAT the minutes of Committees of Council as listed, be adopted as circulated:

Economic Development Committee-September 12, 2012 Airport Joint Municipal Service Board-September 10, 2012 Airport Joint Municipal Service Board-August 16, 2012 Airport Joint Municipal Service Board-July 19, 2012 Airport Joint Municipal Service Board-March 29, 2012 Municipal Heritage Committee-August 10, 2012 Municipal Heritage Committee-September 21, 2012 Joint Working Committee-September 26, 2012

11. PW24-2012 PRE-BUDGET APPROVAL FOE. 2013 CONVENTIONS AND SEMINARS

R-735-2012

It was MOVED by K. Klages, SECONDED by M. Bowman and CARRIED

THAT Council pre-approve a 2013 budget expenditure of $4,500 for conventions and seminars (10-28-432000).

12. PW25-2012 RECIPROCAL AGREEMENT WITH BLUEWATER DISTRICT SCHOOL BOARD

R-736-2012


THAT the Town of South Bruce Peninsula renew the reciprocal agreement with the Bluewater District School Board for the use of their athletic fields, ball diamonds, classrooms and gymnasia in Peninsula Shores District School and Hepworth Central Public School in return for the use of the Town's athletic fields, ball diamonds, arena floor, tennis courts, aquatic facilities, pavilions and ice surface for a period of five years as negotiated by the Recreation Programmer;

AND THAT the necessary by-law to renew the reciprocal agreement with the Bluewater District School Board be placed on an upcoming Council agenda for consideration.

13. PW26-2012 BLUEWATER PARK CAMPING SEASON

Facilities Coordinator Crain presented the numbers for the trailer sites for the camping season. The sites were well used. He took a survey of the campers for use of the debit machine, 240 were denied the use of the debit machine. There is a one page waiting list for sites. This report does not include seasonal sites, just the overnight campers. Facilities Coordinator Crain did not feel that there was justification for all sites to be services but he felt that there could be room for ten sites to be made trailer accessible. A member of Council felt that there are many people who use the waterfront and the open space is needed. Facilities Coordinator Crain indicated that it

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would be sites 120-130. He did not feel that a fifth wheel trailer would fit on a site; it would need to be tent trailers. Council questioned the additional income which could be generated and the potential costs of changing the sites. Council discussed the backpack/hiking sites.

W737-2012


THAT Council receives and files report PW26-2012 of November 6, 2012;

AND FURTHER THAT staff brings forward a report outlining the feasibility of making changes and cost projections and expected expenses.

14. FC18-2012 OUTDOOR SKATING RINK AT BLUEWATER PARK

A member of Council questioned whether Council would extend this same offer to build a skating park in other communities if Council were approached. Council discussed the comparison of water usage between the splash pad and the ice rink. Manager of Emergency Services Robinson indicated that there is a pump which could be used to pump water out of the Bay but it would mean more work for firefighters. He explained that no projection of cost versus arena users has been taken into account however there has not been an ice rink due to weather in the recent past. The request has been made by the Wiarton Willie Festival for the rink to be used for the Festival itself. Council discussed having the rink throughout the year. They felt that it should be expensed against the recreational budget. The users would shovel and maintain the rink themselves.

Mayor Close left the Council table. Deputy Chair Klages assumed the Chair. TIME 1:53 PM

Council discussed the potential size of the ice rink and the fact that funding should be taken from the Recreation budget.

R-738-2012

It was MOVED by M. Bowman, SECONDED by P. McKenzie and CARRIED

THAT Council provides direction with respect to the creation of the skating rink at Bluewater Park.

W739-2012

It was MOVED by M. Bowman, SECONDED by P. McKenzie and CA ' ED

THAT Council supports the institution of an ice rink in Bluewater Park in 2013 subject to the volunteer of firefighter time to initially flood the rink;

AND THAT Public Works will provide an area for the ice rink;

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AND FURTHER THAT pre-budget approval be granted to fund the water charges for rink flooding, to be funded from the Recreation budget.

BREAK 1:58 PM RECONVENE 2:00PM

Mayor Close assumed the Chair at the reconvene of the meeting.

15. DELEGATIONS-KEN GOLDSMITH-MUNICIPAL WEED INSPECTOR, BRUCE COUNTY FORESTRY-INVASIVE SPECIES UPDATE

Mayor Close welcomed Ken Goldsmith. Mr. Goldsmith indicated that he is the County Weed Inspector and the Provincial Weed Inspector. He explained that this presentation is given to landowners but he is presenting this to Councils first. He will also be speaking with the County Roads Departments. He explained some species which spread including Periwinkle and Bar Berry. The Purple Loosestrife in South Bruce Peninsula has been managed by a beetle which eats the Loosestrife. He explained the Asian Long Horn Beetle and how it came to Canada and how it was found in the Toronto area. It was aggressively addressed in the Toronto area. He explained that anytime you are dealing with an invasive of any kind, you must have five free years with no "finds" of the species in order to consider it eradicated. Mr. Goldsmith indicated that he has publications which can be obtained free of charge with regard to invasive species. He indicated that the County is working aggressively at Buckthorn and Garlic Mustard. One of the only ways to get rid of an invasive is to destroy the root. He indicated that he manages the chemical used and controls how the invasive is destroyed. He explained the difficulty of seed producing plants and the fact that the seeds are more viable and spread quickly. He explained precautions when eradicating invasives and how the workers are asked to leave their clothes so that there is no spread of seeds. He indicated that Phragmites is a problem we have in South Bruce Peninsula but that we are slowly getting a handle on it. He explained the problems with Giant Hogweed and the necessity to look after it for seven to ten years so that it doesn't come back. Contact leads to dermatitis and blistering and can take up to three months to get rid of it. If you scratch the skin, you can be scarred. Mr. Goldsmith indicated that he provides help to landowners and the Municipality to deal with the eradication of Giant Hogweed. He explained that the Emerald Ash Borer was found in Bruce County in the south part of Lucknow. He indicated the Canadian Food Inspection Agency regulations and how the entire County may be regulated. He has a proposal to send to them to see if they will change their mind and regulate south of 86 so that there is no material or movement out of that area only. He explained that there are people who are ready to move wood. It was verified in Manitoulin Island and that area is regulated. There are only three sawmills in Bruce County who use hardwood so there is no reason to move wood anywhere north of those mills. There is a lab in Sault Saint Marie which deals with Emerald Ash Borer only. There is currently nothing which says that the Emerald Ash Borer will be stopped. The people working on eradication must be careful as the trees are in a poor state. In speaking with Bruce County Highways, they have been inventorying road allowances, parks and cemeteries; municipalities should be thinking seriously about performing tree inventories. There is access to the County mapping program to manage an inventory. He explained that there are treatments which can be used to protect the trees and this should be put

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in before the bug gets into the tree. You need an applicators licence to use the treatment (chemical) to treat the tree. Every two to three years, the tree must be retreated. The cost could be more than $200 per tree for treatment. There are now local companies who will be able to treat the problem next spring. He reiterated that this presentation is to inform Council what could be happening.

Mayor Close indicated that Councillor can contact Mr. Goldsmith with any questions. Council discussed the Angelica by the snowmobile bridge on Municipal Road with Mr. Goldsmith. It has been confirmed by Mr. Goldsmith that at the time he investigated, it was not Giant Hogweed.

Mr. Goldsmith left some packages of information for Council. Mayor Close thanked Mr. Goldsmith for his presentation.

16. ED020-2012 SIGNIFICANT EVENT DESIGNATION REQUEST-WIARTON WILLIE

Economic Development Officer Mulasmajic indicated that being a Chamber of Commerce with a mandate to promote business activity, a resolution of Council is required to apply for a liquor license. They are a not for profit however each time they apply, AGCO has asked for clearer definitions.

R-740-2012

It was MOVED by M. Bowman, SECONDED by J. Kirkland and CARRIED

THAT Council designates the 2013 Wiarton Willie Festival taking place in Bluewater Park, Wiarton from February 1-3 as a Significant Municipal Event.

17. ED021-2012 SIGNIFICANT EVENT DESIGNATION REQUEST-WINTERFEST

Councillor Bowman declared a pecuniary interest as an organization she is involved in is helping to organize the event. She moved away from the table and did not participate in discussions or voting.

Councillor Jackson declared a pecuniary interest as an organization she is involved in is helping to organize the event. She moved away from the table and did not participate in discussions or voting.

R-741-2012

It was MOVED by P. McKenzie, SECONDED by J. Kirkland and CARRIED

THAT Council designates the Winterfest event coordinated by the Sauble Chamber of Commerce and taking place January 18th- 19th , 2013 as a Significant Municipal Event.

Councillor Bowman and Councillor Jackson returned to the Council table.

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18. ED022-2012 STRATEGIC PLAN IMPLEMENTATION STEERING COMMITTEE TERMS OF REFERENCE

A member of Council asked about the Logistics items and particularly the "responding to requests for information from the committee members" included in the Terms of Reference. Economic Development Officer Mulasmajic explained that this would mean that it would be information being asked by committee members. Council decided to change this to read "at the direction of the Committee".

A member of Council asked about the composition of the Committee and about the breakdown of representation. Economic Development Officer Mulasmajic indicated that she felt that this would be to take in a broad range of representation. Some members felt that this would be too restrictive while others thought this would be a proper representation mix. The statement will be changed to read that "Council will strive to include representation...".

A member of Council asked about the staff progress report template. Economic Development Officer Mulasmajic indicated that when the Committee is first formed, they can develop a template.

A member of Council questioned an item under Steering Committee responsibility and the bullet on receiving regular progress updates and reporting back to Council. The member indicated that it would not want to be perceived that the Committee would be able to demand a progress report from a staff member contrary to what a supervisor has asked the employee. Economic Development Officer Mulasmajic indicated that this would not change the reporting structure in any way or change the reporting through Department Heads. The phrase "through the reporting template" will be added to this bullet.

R-742-2012

It was MOVED by M. Bowman, SECONDED by K. Klages and CARRIED

THAT Council approves the Terms of Reference for the Strategic Plan Implementation Committee as revised;

AND THAT Council assigns the Department Heads, Council members and an administrative staff person to the Committee.

It was noted by Mayor Close that Council would consider the appointments after the delegation presentation.

19. DELEGATIONS-JOHN FORIS AND DAVID NIXON-ST. JOHN'S UNITED CHURCH-WATER CURBSTOP

Mayor Close welcomed John Foris and David Nixon. Mr. Nixon indicated that they own the St. Johns United Church and the parking lot beside the Church. Mr. Nixon read aloud his letter

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which was uploaded to the Council agenda. The Church is requesting the waiving of water fees. Council discussed the fact that there are two curbstops on the property. Manager of Financial Services Neifer indicated that as there are two services, and under the by-law, there is a charge for a serviced property. The Clerk indicated that removal of the curbstop could cost between $500 and $3000 depending on where the curbstop is located. Mr. Foris asked why this would have to be capped off when he felt it was already capped off. A member of Council explained that staff are following the by-laws provided to them by Council. Council discussed what zoning provisions would fall into place if the parcels were to be required to be separated again in the future. Council discussed the parking situation with the Church representatives. Mayor Close explained that the current curbstop is shut off and is not currently capped off. The Clerk explained the costs and what would be involved in capping off the curbstop. Mr. Foris asked if Council would consider waiving the fees for the Church. He asked about the Grants and Donations program. Mayor Close explained that there is a report further on the agenda to deal with grants. Mayor Close indicated that staff will bring forward a report in answer to the request from Mr. Foris and Mr. Nixon.


Council discussed the assignment of staff to the Committee. They discussed the mandate of the Committee and the fact that Department Heads are responsible for the completion of components of the Plan. Council discussed the Strategic Plan and how the plan requires Department Heads to move forward. Manager of Financial Services Neifer explained that we have the Plan and the fact that it is a check and balance system. She indicated that items can be tracked on a chart which would indicate the goals which are being worked on and when completed. She struggles with the need for a Committee as the role of the Department Head is to bring items forward to Council through the reporting structure. She indicated that our reporting template will be changed to reflect links to Strategic Plans. Council discussed the need for a Steering Committee. The Clerk explained that there are items within the Strategic Plan which require updating and if this is an item which can be changed, there is opportunity to change this. This item will be further discussed after the delegation.

BREAK 3:30 PM RECONVENE 3:34 PM

The Clerk introduced the new Manager of Public Works Tom Gray. Manager of Public Works Gray indicated that he looks forward to the challenges and opportunity.

21. DELEGATIONS-JOHN TENANT-WIARTON SOUTH OPA 30, BRUCE COUNTY OPA 157

Mayor Close welcomed Mr. Tennant. Mr. Tennant asked Council to approve the forward movement of the Official Plan Amendment 30. For the most part, there are no major issues but there are some issues. The County Planners generally agree with the proposal but for the most part they agree with the Provincial Policy Statement (PPS). He indicated that the real test is whether or not the proposal presents good planning and proper policy. He feels that the proposal

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is consistent with the PPS. The County Planners feel that there is too much residential included. The Wiarton area has a slow growth rate. Mr. Tennant feels that his proposal generates its own growth rate and decisions should not be made based on worst case scenarios. It would be better having the lands designated as residential then it would be to leave the lands designated as they are now with no prospects for development. The County Planners feel that there is too much commercial in the proposal. The proposal is not adding anything new; the proposed village centre adds institutional and multi-residential uses which are new. The Developer's position is that this will be complimentary to the downtown and will bring more people to this area. The County Planners say that the proposed expanded boundary is not justified; this is based on the lack of historical growth rate. In response, they have had the Official Plan document modified to help facilitate the servicing requirements. There is a broader indication for water and sewer servicing and storm water management. They are asking for the lands included in their lands to be planned on a comprehensive basis. The County Planners have indicated that the development should not proceed until an EA is completed. Mr. Tennant feels that this is problematic and that they cannot wait the number of years which may be required to complete an EA. They need a commitment from the Town that the development will be able to proceed. They don't know why an EA would be required prior to the re-designation of the plan. He wondered if the EA being completed would change the minds of the County Planner. The EA will identify the service infrastructure and services to be put in place and how to move forward with servicing. He felt that all parties agree that the proposal and change is good and will be good in the long run. Mr. Tennant indicated that all development would be controlled by phasing (site plan approvals, master plans, development agreements, etc.). Mr. Tennant urged Council to proceed with the amendment. He indicated that there are six questions in the letter he provided to Council which the developers would like to see addressed.

A member of Council indicated that as a Council, Council has already given their approval so long as the proposal meets all laws. It is concerning for this Councillor as Bruce County Planning has identified concerns. The member indicated alternate plans have not been given to Council to address some of the concerns put forward by Bruce County Planning. Mr. Tennant indicated that the job of the County Planner is to give advice related to good planning. There are various ways to approach what is good planning. One way is a rigid approach and one way is a flexible approach. It is felt that Bruce County Planning is taking a rigid approach. He indicated to Council that Cuesta was the Town's consultant and they support the growth of the area. He feels that there is no adverse side to this and good planning would help to move this forward. Mr. Tennant indicated that there has been an estimate of $3 million to run services and this would be implemented through their development. He does not feel that the answers are needed primarily. The County Planning report says that they have consulted with the Ministry of Municipal Affairs and that an EA should be performed prior to development. Mr. Tennant feels that the EA is putting the cart before the horse. He indicated that he has seen this happen in this order when it is unknown if the area can be serviced and this may be a reason to step back before the EA is performed.

A member of Council indicated that there is a by-law in place whereby development cannot happen unless the lots are serviced in Wiarton. The member discussed the sewage lagoons and the current zoning of the property and what an EA would be looking at in conjunction with the current zoning. This is an area of potential growth.

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Another member discussed the fact that they thought the whole project was to have moved farther forward than it has. There have been conflicting reports on capacity in the sewage lagoon.

Mayor Close indicated that there would not be negativity of moving forward around the Council table. The process would be to move this information to PAC for further address of the issues.

The Clerk will send this information to PAC for it to be forwarded to their next agenda. The issue of servicing and capacity will be brought forward to the Manager of Public Works.


Council discussed the need for a Strategic Plan Steering Committee. Some members felt that a Committee would keep the Strategic Plan moving forward. It was discussed that staff can make reports to Council and the reports could be on a more frequent basis than the annual proposal in the Plan.

W743-2012

It was MOVED by P. McKenzie, SECONDED by K. Klages and CARRIED

THAT Council directs that a Strategic Plan Steering Committee is not to be established;

AND THAT the Strategic Plan be updated to reflect the fact that a Steering Committee is not required;

AND FURTHER THAT the resolution passed earlier in the meeting is hereby rescinded.

23. C13041-2012 SEPTIC RE-INSPECTION PROGRAM

Chief Building Official House indicated that Genivar is experienced in septic work and they will be doing all of the administrative work. They will not require space in Town Hall but will hold an office in Saugeen Shores. She indicated that a camera was not a part of the general scope of the program. She indicated that one of the proponents had a workplan C whereby a camera would be a component. She indicated that termination clauses would be part of the contract. A member of Council cautioned on proper termination clauses. A member of Council discussed Genivar and the ESR. Councillor Jackson indicated that Garrits sent an email to Council indicating that their proposal had an addition error. Chief Building Official House indicated that price is only one factor and his difference in price did not materially change her decision. She indicated that the Town had been geographically divided into potential areas and the assumption that there would be equal areas included. There will be flexibility with numbers; within each zone, there could be a difference between the high, moderate and low risk systems.

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The Clerk and Mayor Close cautioned a Council member about appropriate comments. Councillor Bowman requested that this item be deferred so that a closed session could be scheduled to discuss this.

Councillor Jackson indicated that she wants another option as she feels that it is crazy for Council to consider hiring the particular company.

Chief Building Official House explained the difference between the Gerrits work plans. She indicated that the Building Department looked at the proposal and followed a comprehensive matrix and assigned scores and this is how they came up with the recommendation.

Councillor Thomas called the question. Mayor Close indicated that every Council member has the privilege of speaking once. No other members requested to speak.

R-744-2012

It was MOVED by J. Kirkland, SECONDED by J. Turner

THAT Council receives and files report CBO41-2012 Septic Re-inspection Program November 6, 2012;

AND THAT pre-budget approval for 2013 be granted to permit the Town to enter into an agreement with Genivar;

AND THAT the by-law regarding the Septic Re-inspection Program be placed on the agenda of an upcoming Council meeting for consideration;

AND FURTHER THAT the Fees By-Law be amended to reflect the cost per household charge for the implementation of the Septic Re-inspection Program.

Councillor Jackson requested a recorded vote. The Clerk/CEMC indicated that members should vote yes in support and no as opposed to the motion.

Bowman No Jackson No Kirkland Yes Klages No McKenzie Yes Standen Yes Thomas Yes Turner Yes Close Yes

Mayor Close declared the resolution to be CARRIED

24. MLEO27-2012 REPORT FOR SEPTEMBER & OCTOBER

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Council discussed the angle parking on Brown Street. By-Law Enforcement Officer/Animal Control Officer Hopkins indicated that the angle parking is not feasible in the area. Council discussed the parking situation around the Arena. By-Law Enforcement Officer/Animal Control Officer Hopkins indicated that one way streets would create congestion and mass confusion and problems with access when the streets have been two way for so many years. The streets could be closed at Fair and Festival time to make room for parking. Council discussed removing shrubs in the Brown Street area. By-Law Enforcement Officer/Animal Control Officer Hopkins indicated that during the Fall Fair, the angle parking was full but the Boat Launch parking lot was empty; the fees could have been waived for the event if required. She indicated that she works with the Chief Building Official to investigate property standards issues. When a member of Council asked about property standards on a particular property, the Clerk explained that Council members should not discuss private property issues in open session as those issues deal with private property owner's information and rights. In response to a question about the ownership of the signs on King Street, By-Law Enforcement Officer/Animal Control Officer Hopkins indicated that signs were placed on Town property on King Street and were removed by her. There were no indications of who placed the signs.

R-745-2012

It was MOVED by M. Bowman, SECONDED by K. Klages and CARRIED

THAT Council notes the content of MLEO27-2012 report of November 6, 2012.

25. FS53-2012 CORRECTION OF INFORMATION REGARDING R-682-2012

Mayor Close indicated that the individual had consented to the item being placed on the agenda. Manager of Financial Services Neifer indicated that it was Council's direction that the rate should be charged from the date of the plumbing rough in. She found that the plumbing rough in was in 2008 and not 2011 as had been previously reported. She has found that six properties were affected in the same manner. Councillor Bowman indicated that she has checked with other municipalities and some had not considered properties water users until the plumbing rough in was done with pressurized water. Manager of Financial Services Neifer indicated that she spoke to the Building Department and there is access to the water regardless of the method of rough in inspection. A member of Council felt that if it was our error, they are not comfortable with back billing. Manager of Financial Services Neifer indicated that she had taken that stance and had not charged for the error and had charged beginning May 1. She had noted that this came to light during the water meter program. It was through this letter coming forward, that back billing was instituted. Another member mentioned the fact that the decision was made based upon what was placed in front of Council. The member indicated that the Treasurer is looking for direction. Council discussed the fact that it may not be fair to the other people on the water system to pay when it is not known if the owner was using the water. Council further discussed the other six properties and the fact that the other properties met the subsidy program. There would have been charges for not having a water meter installed for the period in 2012 when the meters were not installed. It was discussed that there were four years of water charged at a vacant rate for the property in question. Manager of Financial Services Neifer indicated that

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the Building Department has now been instructed to inform the Financial Services Department when the plumbing rough ins happen to initiate the billing. A member of Council felt that people should not be penalized for mistakes. Council discussed what would happen if they permitted the Manager of Financial Services to revert to her original decision to bill effective May 1, 2012.

It was MOVED by J. Kirkland, SECONDED by K. Klages and WITHDRAWN

THAT pursuant to Council's discussion and direction noted by Resolution R-682-2012 that the utility bill be corrected to the date of the plumbing rough-in;

AND THAT staff be directed to proceed with billing corrections for other identified properties.

R-746-2012

It was MOVED by M. Standen, SECONDED by C. Thomas and CARRIED

THAT Council supports the original decision of the Manager of Financial Services to bill effective May 1, 2012 for Mr. Desantis' water usage;

AND FURTHER THAT Council supports the decision of the Manager of Financial Services to bill the other six properties effective May 1, 2012.

BREAK 5:03 PM RECONVENE 5:40 PM

26. CLOSE07-2012 MUNICIPAL GRANTS

Council discussed the fact that the Department would come back with a workplan which would incorporate a grant within the workplan. Council would put an incidental amount in their budget for use at their discretion. Council discussed the definition of "special events" as outlined in the report. Manager of Financial Services Neifer indicated that the list was to identify the events which are currently being funded and that would be brought forward in departmental budgets for Council consideration. She indicated that Council should add items to the list if there are events which should be included in the budgets. Council discussed money which may be required for Canada Day festivities. The "grants" will be built within the business plans of the individual departments. It is felt that staff should contact the individual organizations and groups to find out if there is money which should be included in the departmental budget. Council discussed how they could use the money allocated within their budget for grants.

R-747-2012

It was MOVED by J. Kirkland, SECONDED by K. Klages and CARRIED

THAT all municipal grants be allocated by the Finance Department to the appropriate departments and that each department incorporates the grants into the department work plan and budget;

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AND FURTHER THAT the by-law to amend the Municipal Policy Manual be placed on an upcoming agenda for Council consideration.

27. BOWMAN43-2012 MEETINGS RE AMABEL-SAUBLE WATER RATES

Councillor Bowman thanked the Manager of Financial Services for all of her hard work. She feels that the information she obtained in the meeting was eye opening. She is disappointed in the SCADA project and the water meter project in that it is not funded. She feels that the Amabel-Sauble residents will not be pleased but feels that this is the best information which can be brought forward. Manager of Financial Services Neifer indicated that water could not be brought from Amabel to Oliphant, more trucking charges would have been incurred and there was a capacity issue with taking water from Amabel. Council discussed putting the Fiddlehead well on the general tax levy. A member felt that paid parking revenue could be used to be put toward the costs. Another member felt that the general revenue should not fund the Fiddlehead costs and felt that using paid parking revenue would be funding the projects from general revenue as the paid parking revenues are placed in general revenue. Council discussed the rate which is charged for the bulk water. It is not known if money can be saved with a new operational contract. Councillor Bowman indicated that she has read through the Municipal Act and contacted Municipal Affairs. She has been told that while the Act has not reach Royal Assent, it is not inappropriate to charge all residents (for water costs). Council questioned the consumption rates in Oliphant. Manager of Financial Services Neifer indicated that she did not have the numbers for Oliphant but there had been lower volume of water produced in 2012 in Wiarton. They discussed private residents who are not subsidized for their water maintenance. Council further discussed the paid parking revenues and what could be done with the revenues. They discussed what happened to paid parking revenues in 2012. They discussed the fact that the revenues for paid parking would be decided by Council at budget time. Council discussed the fact that the rates in the report do not assume money is received from general revenues. It was clarified that the costs associated with trucking bulk water are the amounts which are to be considered for alternate funding in the 2013 budget.

R-748-2012

It was MOVED by M. Bowman, SECONDED by J. Kirkland

THAT Council considers the new rate structure as presented in report BOWMAN43-2012;

AND THAT a review of the water rates is completed every 6 months with a staff report and recommendations being brought before Council;

AND THAT water billing clearly identifies the breakdown of the three categories of costs;

AND THAT costs associated with Fiddlehead Well 2013 are transferred to a separate account number, be tracked separately and consider funding through general tax revenues;

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AND FURTHER THAT OCWA be given written notice immediately of the Town's intention to tender the water management contract upon completion of contractual obligations.

Councillor Jackson requested a recorded vote. The Clerk indicated that members should vote yes in support of the motion and no if opposed.

Bowman Yes Jackson Yes Kirkland Yes Klages Yes McKenzie Yes Standen Yes Thomas Yes Turner Yes Close Yes

Mayor Close declared the resolution to be CARRIED

28, CLK129-2012 REVIEW OF APPOINTMENT BY-LAW AND COMMITTEES

The Clerk/CEMC indicated that there was a mistake with her report. The Physician Recruitment Committee is a committee requiring budget money.

Mayor Close indicated that he did not feel that the Economic Development Committee should move forward and wondered about the Heritage Committee. Councillor Bowman indicated that she feels that the Heritage Committee is doing good work and is moving forward with community ideas. Council discussed whether the Committees would continue if they were not Committees of Council. Council discussed mandated Committees. They discussed what would happen if Council is downsized and how representation would occur on the Committees. The Clerk explained that she feels that some focus needs to be brought back to the Heritage Committee if the Committee is to continue. Councillor Bowman indicated that she is now the Chair and wants to see focus. She indicated that there used to be a heritage volunteer group previously. Council discussed tracking staff time spent on Committee work. Council discussed the Economic Development Committee and the staff time which is spent. The Clerk explained that we have an Economic Development Officer and having a Committee has duplicated work. Council discussed the fact that having both a Committee and an Officer confuses people. Council discussed the Property Standards Committee. The Clerk will bring back more information with regard to the Property Standards Committee. Council discussed the Committees which are not Committees of Council and the representatives which are sent in accordance with the Appointment By-Law. Council discussed the fact that we contribute money to the Veterinary Committee and it would be good to have representation on the Committee. In conjunction with talks about the BASWRA representation, Council discussed recycling using large bins.

R-749-2012

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D D ED It was MOVED by M. Bowman, SECONDED by K. Klages and CA

THAT Council receives report CLK129-2012 Review of Appointment By-Law and Committees presented on November 6, 2012.

R-750-2012

It was MOVED by M. Standen, SECONDED by J. Kirkland and CARRIED

THAT Council dissolves the Economic Development Committee effective once a wrap up meeting is held but no later than the end of November 2012.

29. HC11-2012 APPOINTMENT OF NEW MEMBER TO THE MUNICIPAL HERITAGE COMMITTEE

The Clerk explained that some information is not considered private; Mr. Brown runs a Bed and Breakfast business so giving that information is proper. Mr. Brown had provided information freely with regard to his intention to sit on the Heritage Committee.

R-751-2012


THAT the necessary by-law to appoint Mr. Jeffrey Brown to the Municipal Heritage Committee be placed on an upcoming Council agenda for consideration.

30. CLK131-2012 FEE BY-LAW UPDATE

The fee for Working Dogs will be corrected to include that this is an annual fee.

R-752-2012

It was MOVED by M. Bowman, SECONDED by K. Klages and CA ' ED

THAT the necessary by-law to amend the Fee By-Law be placed on an upcoming Council agenda for consideration.

31. CLK132-2012 MUNICIPAL FREEDOM OF INFORMATION COURSE

Council discussed the report. The Clerk will find out if the Information and Privacy Commission could attend to speak to Council or staff will arrange a course put on by staff to further inform Council.

R-753-2012


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THAT Council notes the content of report CLK132-2012 Municipal Freedom of Information Course presented on November 6, 2012.

32. CLK133-2012 EMPLOYMENT LAW AND HUMAN RESOURCE MANAGEMENT COURSE

R-754-2012


THAT Council notes the content of report CLK133-2012 Employment Law and Human Resource Management Course presented on November 6, 2012.

33. ITEMS REFERRED-NOTICE OF MOTION-BOWMAN38-2012 POLICY BARBEQUES ON LAKESHORE BLVD (AUGUST 7, 2012 AND AUGUST 21, 2012)

The Clerk explained that the Manager of Emergency Services was called away to a fire and could not be present for the discussions.

It was MOVED by J. Kirkland, SECONDED by J. Turner and DEFERRED

THAT a by-law specifically dealing with the use of barbeques be developed by staff for the municipal road along Lakeshore Blvd from Main Street to Sauble Falls Road.

34. BY-LAWS-FIRST AND SECOND READING

R-755-2012


THAT the following by-law be read a first and second time:

By-Law 124-2012 Being a By-Law to Designate Lot 3 and Lot 4 PIN 33150-152 (LT) Plan 466, Town of South Bruce Peninsula, County of Bruce, Pursuant to the Provisions of the Planning Act, R.S.O. 1990, c.P.13 as Amended

By-Law 125-2012 A By-Law to License, Regulate and Control Dogs within the Town of South Bruce Peninsula

By-Law 126-2012 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 (Raking and Maintenance of the Sand Beach at Sauble Beach)

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By-Law 127-2012 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 (Reporting Absences and Sick Leave)

35. BY-LAWS-THIRD READING

Mayor Close pulled By-Law 127-2012 for further discussion as he has had Councillors indicate that there was not enough discussion with regard to the proposed policy.

Councillor Bowman questioned the frequency not being in the Beach Raking and Maintenance Policy. A member of Council explained that staff have a good relationship with the MNR and have been working together on beach maintenance. The Clerk explained that placing a frequency in the by-law which may not be able to be adhered to due to the Piping Plover habitat could prove to test the validity of the policy. It was felt that Public Works could put forward a budget with a best estimate of raking requirements.

R-756-2012


THAT By-Law 124-2012, By-Law 125-2012 and By-Law 126-2012 be read a third time and finally passed.

36. BY-LAW 127-2012 THIRD READING

R-757-2012

It was MOVED by M. Standen, SECONDED by C. Thomas and CARRIED

THAT By-Law 127-2012 be deferred to a future Council meeting in order to permit staff to prepare a further report and to permit further Council debate.

37. MATTERS OF URGENCY

No matters of urgency were presented.

38. NOTICE OF MOTION

Councillor Turner introduced a notice of motion.

It was MOVED by J. Turner

THAT Council supports the resolution passed by the Township of Uxbridge regarding equal access to high-bandwidth broadband resolution spectrum licence auction rules and that staff send a letter to the appropriate departments and agencies indicating support by this Council.

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It was MOVED by P. McKenzie, SECONDED by K. Klages

THAT Council waives the provisions of the Procedural By-Law in order to discuss at this meeting the notice of motion presented by Councillor Turner.

The Clerk indicated that waiving the Procedural By-Law requires a recorded vote with 2/3 majority support. She indicated that members should say yes in support and no as opposed to the motion.

Bowman Yes Jackson Yes Kirkland Yes Klages Yes McKenzie No Standen No Thomas Yes Turner No Close No

Mayor Close declared the resolution to be DEFEATED

The notice of motion will be placed on the upcoming Council agenda for discussion.

39. PUBLIC MEETINGS

There were no public meetings.

40. REPORTS FROM COUNCIL MEMBERS

Councillor Standen indicated that the Physician Recruitment meeting schedule for today was cancelled and would be rescheduled.

Mayor Close indicated that the Wardens Banquet was Saturday night. The County bridge report is moving to public meetings. It looks like two of them will be maintained for the next 20 years and decommissioned at that time. The traffic counts are very small and the price of replacement is large.

41. UPCOMING MEETINGS

Council noted the upcoming meetings. Clarification is required to the Airport Joint Municipal Service Board meeting date as there appears to be a typo. The Clerk will clarify the meeting date with the Airport Board Secretary and communicate the date to the Council representatives on the Board.

42. UNFINISHED BUSINESS

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R-758-2012


THAT Council notes the contents of report CLK130-2012 Unfinished Business presented on November 6, 2012.

43. PROCEED INTO CLOSED SESSION

R-759-2012

It was MOVED by M. Standen, SECONDED by P. McKenzie and CARRIED

THAT Council proceeds into closed session. TIME 7:17 PM

44. RECONVENE INTO OPEN SESSION

R-760-2012

It was MOVED by M. Standen, SECONDED by P. McKenzie and CARRIED

THAT the Council reconvenes to open session. TIME 8:47 PM

Mayor Close declared a pecuniary interest for reason of litigation or potential litigation during closed session prior to the discussion of Dynamic Beach By-Law. He left the Council Chambers. Deputy Chair Klages assumed the Chair. TIME 8:12 PM

Mayor Close did not return to the meeting, Deputy Chair Klages continued to Chair the meeting.

45. DIRECTION FROM CLOSED-WIARTON KEPPEL AIRPORT

The Clerk indicated that staff were given direction in closed session.

46. DIRECTION FROM CLOSED- WORKPLACE CONCILIATION

The Clerk indicated that the report will be filed.

47. DIRECTION FROM CLOSED-EMPLOYEE NEGOTIATIONS

The Clerk indicated that staff were given direction in closed session.

48. DIRECTION FROM CLOSED-DYNAMIC BEACH BY-LAW

The Clerk indicated that there was no direction from closed.

49. DIRECTION FROM CLOSED-WATER CHARGE

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The Clerk indicated that staff were given direction to enforce policies already in place.

50. CONFIRMATORY BY-LAW

R-761-2012

It was MOVED by J. Turner, SECONDED by J Kirkland and CARRIED

THAT By-Law 128-2012 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.

51. ADJOURN

R-762-2012

It was MOVED by M. Standen, SECONDED by M. Bowman and CARRIED

THAT the meeting adjourn. TIME 8:50 PM

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the corpo tion of the town of south bruce peninculi

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