Ih@ Corporation ©f the Town of South Bruee Peninsula Meeting Number Two

February 18, 2014

The Council of the Corporation of the Town of South Bruce Peninsula met on Tuesday February 18, 2014 in the Municipal Council Chambers.

1. Call to Order

2. Att©ndane© and Regrets

It was noted that all members of Council were present except Mayor Close. Councillor Jackson and Councillor Thomas arrived later in the meeting.

3. Declaration o f Pecuniary Interest and General Nature Thereof

Deputy Chair Turner asked Council to declare any pecuniary interest at this point in the meeting or when required and state the general nature of the pecuniary interest. No interests were noted at this time.

4„ Aythorize Closed Session

R-52-2014

It was Moved by K. Klages, Seconded by M. Bowman and Carried

That the Council of the Town of South Bruce Peninsula be authorized to proceed into "Closed Session on February 18, 2014 in order to address a matter pertaining to:

• Litigation or potential litigation including matters before administrative tribunals affecting the municipality or local board (Litigation Update)

5. Proceed into Closed Session

R-53-2014

It was Moved by K. Klages, Seconded by M. Bowman and Carried

That Council proceeds into closed session. Time 1:01 pm

6. Reeonwene into Open Session

Deputy Chair Turner called the meeting to order. Time 1:00 pm

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R-54-2014

It was Moved by K. Klages, Seconded by M. Standen and Carried

That the Council reconvenes to open session. Time 1:31 pm

Break 1:31 pm Reconvene 1:34 pm

Councillor Thomas arrived at the meeting. Tim© 1:31 pm

7. Publie Notice/General Announcement-Prohibition on Recording and Electronic Devices

Deputy Chair Turner explained that members of the public are not permitted to make recordings of Council proceedings. The use of electronic devices is not permitted during proceedings unless permitted by Council.

8. Direction from Closed-Litigation Update

Deputy Chair Turner reported that direction was given to staff in Closed Session.

9. Direction from Closed - Continuation of Closed Session

Deputy Chair Turner indicated that not all items from Closed Session were completed and Council will move into Closed Session later in the meeting.

10. Public Notice/General Announcement-Family Day Activities

Councillor Bowman indicated that Family Day was a success. She felt that there should be public congratulations extended to the Recreation Programmer and staff. The events including the spaghetti dinner were very well attended. Councillor Klages indicated that she agreed and that there were many people out in the community. Deputy Chair Turner indicated that he concurs.

11. Adoption of minutes-Regular Council

R-55-2014

It was Moved by K. Klages, Seconded by M. Bowman and Carried

That the minutes of the February 4, 2014 regular meeting of Council be adopted as received with amendments.

12. JACKSON01-2014 Paid Parking

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Upon consensus of Council, this item was deferred until later in the meeting as Councillor Jackson was not in attendance at this point.

13. CLK11-2014 Procedural By-Law Update

Upon consensus of Council, this item was deferred until later in the meeting as Councillor Jackson had wanted to be present for discussion and she was not in attendance at this point.

14. FC02-2014 Fire Statistics

R-56-2014

It was Moved by M. Standen, Seconded by J. Kirkland and Carried

That Council receives and files report FC02-2014 of February 18, 2014.

15. FC03-2014 Renewal o f Ministry o f Natural Resources Fire Agreement

Council questioned the training of the air attack and any costs which would be incurred.

Council questioned who pays whom in a year. It is felt that we take care of the Ministry properties.

Council questioned stand by and if the Ministry pays a stand by fee. The Ministry used to have their own fire fighting force on the Peninsula.

In the absence of the Manager of Emergency Services, the member of Council asking questions will either ask the questions directly of the Manager of Emergency Services or at the next meeting, the by-law can be pulled for discussion prior to third reading.

R-57-2014

It was Moved by M. Standen, Seconded by J. Kirkland and Carried

That the Town of South Bruce Peninsula renews the Municipal Forest Fire Management Agreement with the Ministry of Natural Resources;

And further that the necessary by-law be placed on the upcoming Council meeting for consideration.

16. PW02-2014 South Bruce Peninsula ATW Club Request for New Trails on Town Land

Council questioned the agreement with the ATV Club. Manager of Public Works Gray explained that the ATV Club approached the Town to use the unopened road

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allowances. These are requirements which would be required; this has been presented to the ATV Club in letter format. The Manager of Public Works is not aware of any objection by the Club.

Council questioned the legal surveys and indicated that this could cost the ATV Club quite a lot of money. Manager of Public Works Gray indicated that the Town wants property lines identified so that they are staying within road allowance and are not on private property. He indicates that a legal survey is not required if they can find the property bars. A member of Council indicated that one of the trails is through the swamp and they may need to go on adjacent private property. Manager of Public Works Gray explained that if the ATV Club cannot stay on the road allowance, they can approach the private property owner; this would not affect our agreement with them.

Council questioned the $5,000,000 liability requirement and wondered if the municipality would reduce the liability amount. Manager of Public Works Gray explained that the $5,000,000 is the recommendation of our insurance company.

Council further discussed the survey requirements. Manager of Public Works Gray explained that if the road allowance cannot be identified, a surveyor would need to identify the corner properties.

R 58-2014

It was Moved by J. Kirkland, Seconded by M. Standen and Carried

That Council receives Report PW2-2014 as information;

And that the Council of the Town of South Bruce Peninsula endorses the South Bruce Peninsula ATV Club's proposed trail network provided that they meet all of the following expectations:

Obtain legal surveys for each road allowance to be used if the property bars cannot be located which define the road allowance. If a legal survey is required, it would be the responsibility and cost of the ATV Club; Consult with the Saugeen Ojibway Nation (SON) Environment Office to ensure they do not object to the proposed trail use; Consult with the Grey Sauble Conservation Authority and abide by their requirements; Consult with the Ministry of Natural Resources and abide by their requirements;

• Inform all adjacent landowners of the proposed work and trail use; Obtain liability insurance in the minimum amount of $5,000,000 with the Town listed as additional insured on the policy; and Submit their plan of action for Town approval.

17. Items Referred-CLKI 2-2014 Items Referrecf-OPASO

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On the consensus of Council, this item will be deferred until after the delegations are heard.

18. By-Laws

There were no by-laws for consideration.

19. Matters o f Urgency

No matters of urgency were presented.

20. Notiee of Motion

No notices of motion were presented.

21. Public Meetings

There were no public meetings.

22. Reports from Council Members

Councillor Standen reported that with respect to the Physician Recruitment and Retention Committee, we need to recognize the contribution to locums and residents who fill in for residents who are absent. This is an educational based hospital and thanks is needed to recognize their efforts.

23. Upcoming Meetings

Council noted the upcoming meetings.

24. Unfinished Business

Council discussed the Road Needs Study and the Septic Re-Inspection program and why these are not on the report. The Clerk/CEMC explained that staff are given a budget or a program is approved and if there is to be a report at the end, it is not brought forward under unfinished business unless Council makes a specific resolution to place it on unfinished business.

R-59-2014

It was Moved by K. Klages, Seconded by M. Bowman and Carried

That Council notes the contents of report CLK3-2014 Unfinished Business presented on February 18, 2014.

R 60-2014

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It was Moved by M. Bowman, Seconded by K. Klages and Carried

That Roads Needs and Septic Re-Inspection reports be placed on unfinished business.

Break 2:05 pm Reconvene 2:11 pm

25. Proceed into Closed Session

R 81-2014

It was Moved by M. Bowman, Seconded by K. Klages and Carried

That Council proceeds into closed session. Time 2:12 pm

26. Reconvene into Open Session

R-62-2014

It was Moved by M. Bowman, Seconded by K. Klages and Carried

That the Council reconvenes to open session. Time 2:27 pm

27. Direction from Closed-Litigation Update

Deputy Chair Turner indicated that a report was received in Closed Session for information.

28. Delegations-Roberta Brignali, Community Foundation Grey Bruce-Smart and Caring Community Education Fund

Councillor Standen declared a pecuniary interest as his employer has received funding from this organization. He left the Council Chambers. Time 2:31 pm

Deputy Chair Turner welcomed Roberta Brignali to the meeting. Ms. Brignali played a message from Governor General David Johnston regarding the "Smart & Caring Community Fund for Education & Scholarships". Ms. Brignali indicated that the donor profile is Percy and Kathleen Noble. The endowed fund is in honour of their parents. It was the hope that no child be denied the opportunity to participate in sports due to their economic position. Ms. Brignali explained the grants given in 2013. She invited Council to consider starting a community fund in South Bruce Peninsula. This would mean that the funds raised in our area would stay in our area. There are already three established funds in South Bruce Peninsula. To celebrate their 20th anniversary, they are inviting all residents to become part of the Community Foundation. Over the next year, communities will have story boards, print outs and special events. The ambassador for

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South Bruce Peninsula is Bill Walker MRP and Linda Thorn. The first display will be at the Wiarton Echo. The Community Foundation Grey Bruce has chosen education and is trying to establish a fund for Grey and Bruce Counties. They would like to keep the youth living and working in Grey Bruce. Ms. Brignali encouraged Council to join the Foundation and help with the goal of $1,000,000. She explained the plans for grants in 2014. Ms. Brignali explained that it takes $5,000 to create an endowed fund but it doesn't grant out until it reaches $10,000.

Council questioned the granting out amount. Ms. Brignali indicated that they don't begin grants until the fund reaches $10,000.

Council questioned how the public applies for money. Ms. Brignali indicated that on their website there is a section. They have day sessions in conjunction with the Ontario Trillium Foundation; notice is sent by e-blast to not-for-profits.

Council questioned the determining factor for grants. Ms. Brignali indicated that the criteria is on the grant form and there is a grant review team. They cannot grant to promote politics or religion. The recipients must be a registered charity or have a partner with a charitable number.

Council asked what is being asked from Council. Ms. Brignali indicated that she is trying to get the municipality on board with the centennial project. It means that we would help to promote it including permitting them to speak at events and organizing within the community.

A staff report will be brought forward giving Council options with respect to this proposal.

Break 2:49 pm Reconvene 3:00 pm

Councillor Kirkland did not return immediately after the break. Time 3:00 pm

Councillor Standen returned to the meeting. Time 3:00 pm

29. Delegations-John Tennant and Paul Shaw-OPASO

Deputy Chair Turner welcomed John Tennant. Mr. Tennant indicated that Mr. Shaw would be joining him later.

Mr. Tennant referred to his letter from January 29, 2014. He indicated that he hopes that we can make a move forward. He indicated that he is not thrilled with the revised amendment which eliminated his village core area and eliminated what was in his opinion as good planning.

Councillor Kirkland returned to the meeting. Time 3:02 pm

Mr. Tennant asked if they would be able to proceed with the first phase of their development with the newly proposed amendment. He indicated that the propane and TSSA requirements are not development restrictions. He wants this clearly understood. Related to the highway commercial/industrial areas, it only allows for single use commercial uses within a single building. This poses difficulty for them. They would like to see allowance to have multiple uses in the same building. The reason this exercise started with the Town was because the highway commercial/industrial designation is considered employment lands under the PPS and the only way to re­designate the lands is for the Municipality to do a study; this has to be done by the Town. They would like an acknowledgement that the study showed that the lands were not needed as employment lands as was shown in the Cuesta plan. That would allow them in the future to bring forward an amendment initiated on their own. Without the acknowledgement, the Town would have to start this process all over again. The last point on the revision is that the one supported by the developer had improved designations for the lands generally (for the commercial strip). It included buffering, landscaping and required full services. With the County revision, this was taken out. Mr. Tennant wants to ensure that this is appropriate. He hopes that he can get the clarifications and proceed in a progressive way. Mr. Tennant says that he has seen the County report which says what it always has said and he doesn't feel that this is appropriate and it solves nothing. If that were to happen, this would not change the County position. He feels that they are opposed to this development. He understands that the Town is concerned about servicing and the process. Mr. Tennant indicated that he wants to work with the Town and wants to do everything he can to make the servicing strategy a reality. He feels that it is not necessary to hold up the amendment to do the servicing strategy. He indicated that he will participate and accommodate and there is no need to delay the process for that.

Council questioned the comments about employment lands and them not being required and asked what Mr. Tennant would like to see. Mr. Tennant indicated that the Official Plan before Council should have a sentence added to indicate that the lands not be considered employment lands.

Council questioned whether the developer could proceed if the sentence was added. Mr. Tennant indicated that if the answers are received, they can put together a proposal and try to move forward. They need the cooperation from the Town.

Council questioned the commitment of hook ups that the Town thinks but doesn't know they have and asked if the developer was asking for the services to be committed to the south of Town development. Mr. Tennant indicated no. He said that the allocation within the plant has been determined based on the existing, proposed and future hook ups. Taking this into account, there would still be a surplus of available capacity that the developer would require.

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Council questioned the statement in the letter from Mr. Tennant about private services. Mr. Tennant indicated that one of the deleted policies was the requirement for servicing of the area. The existing policy does allow for infilling on septic systems.

Mr. Shaw joined Mr. Tennant.

Council questioned the study and re-designation of lands and indicated that we did undertake the review. We determined that we had excess employment lands. The OPA30 does take into account the re-designation of lands from employment and is expanding the Town boundary. Mr. Tennant indicated that the circle is based on the Sparlings set back. The portion of the property is retained highway commercial. In the previous version, it was removed and contained the village centre designation. In the future, if the highway commercial area was to be changed, the Town would need to perform another study. They would like a clarification sentence that the highway commercial lands are remaining not because they are needed but because of the propane facility. Mr. Shaw indicated that this would be another amendment required by the Town should the developer want a re-designation. Mr. Tennant indicated that they want the previous version of OPA30. If the current version is to be considered, they would like to proceed with Phase 1 subject to servicing arrangements.

Councillor Jackson arrived at the meeting. Time 3:20 pm

Mr. Tennant indicated that they would like positive allowances. Mr. Shaw indicated that these types of things should be articulated in the OPA and not just discussed around the table. Mr. Shaw indicated that the full servicing which was to happen for the entire area did not happen. The developer needs a comfort level where they know that they will rely on certain things. The framework is required to safely proceed with the development. The letter from Mr. Tennant requires responses and that needs to be articulated in the OPA.

Deputy Chair Turner thanked Mr. Tennant and Mr. Shaw for their presentation.

30. Delegations-Jack WanOorp, Chris LaForest, Denis® Whaley, Bruce County Pianning-Deweiopment, EA's, Infilling and Planning Process

Deputy Chair Turner welcomed Bruce County Planning staff.

Chris La Forest introduced the Bruce County staff and indicated that they would be talking about planning in general and specifics and making recommendations.

Denise Whaley explained the Ontario planning framework which starts from the Planning Act and moves down to the Zoning By-Law. The Niagara Escarpment Plan supersedes the local policies. The Planning Act provides the ground rules. The process is similar between municipalities as there are the same tools and responsibilities under the Act. When a developer wants to develop, they need to conform to the planning tools or amend the local policies or by-laws. We cannot amend

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the Provincial tools. The Planning Act encourages pre-consultation; all municipalities have to allow for pre-consultation. Ms. Whaley explained the development process by showing a flow chart beginning at "idea" and ending in "Council deliberation and decision". Staff reviews the "idea" for completeness including studies or information which may be missing. The public meeting or public consultation process can bring forward ideas not previously thought of. The Council decision should be made based on the question "does the proposal support the policies and goals"?

Council asked if they have to listen to staff. Jack VanDorp indicated that they don't have to listen. Staff brings forward the best information and Council makes the best decision they can.

Council asked about the County Official Plan and being overridden. Jack VanDorp indicated that there are certain types of agreements (minor variance, site plan control, zoning by-law amendments) which are the approval of the specific body. An Official Plan Amendment must be approved by the County. A plan of subdivision is approved by the County although the public meeting is held locally. Consents are approved by the County.

Council asked what the current status of the development south of Town is on the flow chart (presented by Bruce County Planning). Jack VanDorp indicated that the application is made by the Town. There was pre-consultation and studies were identified as being required. There have been public meetings and issues identified.

Jack VanDorp explained that the lands south of Town were annexed from Amabel in the 1990's. There was a proposal for a mall which did not move forward. The area was assigned Phase 2 and Phase 3 priority for servicing. Servicing came to the attention of Council in 2007 with the OPP station. At the time, Council was confident that a five year time horizon for servicing was achievable. When the proponents came forward, the Town commissioned a comprehensive review to assess the supply and demand for residential lands and employment lands over the next 20 years. Council requested that their consultant work with the developers as opposed to a blank amendment. The amendment included a village core designation, boundary extension and large scale re-designation. Staff had concerns as there wasn't information about infrastructure. Applications were filed and we held a public meeting. The proposed designation included adding lands to rural and having room for stormwater management. Issues from Sparling Propane came to light. Bruce County OPA157 was deferred in the absence of water, sewer and stormwater management information. The MMAH is the authority responsible for Provincial policies. They had concerns with the comprehensive review and indicated that there was insufficient information to assess feasibility. There is a risk within the Sparling Propane area. Brough and Whicher has a class 2 facility that the MOE recommends a buffer around and it is not recommended to have sensitive uses within the buffer.

Council asked who would be responsible for buffering (propane facility) when the regulations change. Jack VanDorp indicated that a risk safety management plan would

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be required and must be approved. Without approval, the facility would not function. The risk safety plan for the facility is based on what it there. If new things are introduced, they would have to alter their plan accordingly. If they could not alter their plan, the business would no longer function. It was clarified that their business may be at risk based on what is approved across the road.

Jack VanDorp indicated that there are 150 units of sewage capacity on paper. The application was forwarded to Council based on the 150 unit capacity. There is a note in the Official Plan that a municipal servicing plan is a requirement. There is a hierarchy that says that Phase 1 must have capacity well into the future. Phase 2 should be fully serviced before looking at large blocks of land. Phase 3 does not yet have servicing and have natural constraints. The subject lands are a mix of Phase 2 and 3. Bruce County staff met with Public Works staff and there were 494 new connections available in 2009. In looking at the assignment of servicing, there are 180 units not committed. The Wiarton south area had 50 units committed to the entire area. They could not figure out if the connections included multiple units on single lots (soccer fields). These are based on the theoretical capacity. Where semi-detached houses, town house clusters and severances are concerned, there is no allowance made for those developments. We have had those applications in the past five years. Storm events create 7x the capacity which can be handled in the lines. We have issues with individual roof drains being connected to the sanitary lines. There is no room for additional sewage flow. There are some pre-approved developments on hold due to the issues with respect to waste water.

Council discussed the Town capacity problem and questioned developing existing lots. Manager of Public Works Gray indicated that Council has passed that there is no new development in Town. The water is ok but there is no sewer. Council discussed that if there was a single unit, it could be built.

Jack VanDorp explained that the 2009 study had some rough costs for services. Development in the Wiarton south area would need a new sewer line from Elm Street to Pump Station 2. A pump station would be required in the Elm Road area. Stormwater was not part of the scope of the study. Bruce County Planning is recommending a master servicing strategy be undertaken which can undertake water, sewer, stormwater, road networks and costs. This would be one part of the municipal wide stormwater master plan. We have had issues from residents downstream from this property regarding flooding. We have seen problems with respect to stormwater in the south of Town area already as landowners cannot handle the water on their own property. The Environmental Assessment Act allows a master servicing study. Putting pipes in would require an EA. The master servicing study would be a first step and would be used toward the servicing. Expansion of the lagoons would require a Class C EA and the master servicing study would not come into play in this regard. The Manager of Public Works was involved in a master servicing study in the City of Owen Sound and is familiar with the requirements.

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Council asked if a master servicing study overrides an EA. Jack VanDorp indicated that the master servicing study is the EA for all of the pipe which needs to be laid. Manager of Public Works Gray explained that Owen Sound's master servicing study took around a year to complete. Once the study is completed, it is a plan on where to develop and where to put the Town's money to develop. It looks at all of the implications of stormwater management.

Council asked if the master servicing study was for everything or just for south of Town. Jack VanDorp indicated that this would be for the new pipes. Manager of Public Works Gray indicated that we need to look at the whole Town. The study would look at the existing infrastructure so we know what can be added.

Council asked about development and indicated that we have land with no services to offer people.

Council asked why the Town should pay for the study. Jack VanDorp indicated that the circumstances have changed; the Province has given less money for infrastructure. One of the challenges is the unknowns. Attracting development is exceedingly difficult.

Council asked how long the servicing study is good for. Manager of Public Works Gray explained that the study looks at infrastructure. It is good until we are fully developed. The consultant can look at any window. As long as we follow what is recommended as far as connectivity to the system, it is good. If people jump all over the place, it will throw the study out and a new study will be required.

Council indicated that sewage is holding everything up. The capacity of the sewage lagoon due to stormwater infiltration is the problem. There was a large initiative previously to have the businesses put their stormwater in the sewage system. This has become a problem.

Deputy Chair Turner indicated that we have three problems: the infrastructure is failing, the lagoons are undersized and stormwater is infiltrating. Council discussed the existing infrastructure challenges.

Jack VanDorp indicated that the Wiarton Plan was developed in 1991. It indicated that storwmater was an issue to be addressed prior to development. The plan was a good plan and was adopted into the South Bruce Peninsula OP. The Town OP needs to be looked at to ensure that it serves our needs. The Town has budgeted for an update to the OP. Bruce County will work on this in 2014. Mr. VanDorp indicated that we review urban area policies and conduct a neighbourhood-based exercise for Wiarton south. We can hold public meetings in conjunction with the servicing study. Bruce County is also recommending the deletion of the rural policies as they are lengthy due to the Town and Bruce County approval process. Mr. VanDorp indicated that the circumstances today are not the same when Council first considered OPA30. Bruce County feels that the amendment is premature and should be withdrawn to give a clean slate. They recommend the major servicing study and wish for staff to work with Bruce

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County Planning to initiate the RFP for the servicing study. Once the stormwater and i infiltration issues are dealt with, we would open the door for development.

Council asked about the commercial allowance in the area south of Town. Jack VanDorp explained that the purpose of the Official Plan update is to ensure that the policies continue to make sense. Discussion can take place but it is not a cut and paste.

Council asked about the Sparlings situation when we are looking at the Official Plan. Jack VanDorp indicated that it is about siting and sizing. We have a plan where Sparlings has no problem with the current uses. Introducing more sensitive uses could become a problem. It makes sense to look at what belongs beside different types of uses. You try to cluster appropriate uses together. Even in a separate municipality, industrial uses can cluster with other industrial uses.

Council asked about the Bruce County recommendation and asked about the length of time which has lapsed and it seems like we are throwing out the entire thing. We have an adjusted OPA3Q which deals with the original request to re-designate the employment lands and adjust the Town boundaries. It was asked if there was anything in the OPA3Q which would not meet with County approval. Chris La Forest indicated that nothing has been able to move forward without the servicing. Re-designating the lands at this point with potential conflict is not moving us further ahead. The proposal is a Town amendment but is heavily flavoured to a single development. If it were removed

S from the table, it would give breathing room. Looking at the Official Plan update, it is the same process. Bruce County Planning's concern is that it is premature in the absence of major decisions on sewer and water. Part of this is educational. The Town is not in the game without the servicing strategy; this would be a playbook for developers. Developers would know that they are buying unserviced land and how they would fall into that. In terms of the seven years, there was support from planning and community to re-designate the lands for another use. In the interim, we have found out that we have problems with our infrastructure.

Council asked who would be paying for the studies. Manager of Financial Services Humble indicated that money has been set aside in the 2014 reserve budget which was originally intended for the EA. We would not debenture such a small amount.

Council indicated that if we want Wiarton to grow, we have to invest in the plan.

Council commented on what would happen if we don't proceed with what is in the plan. We now have no plan if developers come to us. Council had commissioned this study to be done two years ago and it was not done.

Council questioned shelving OPA30 for now and not withdrawing the application.

Break 4:43 pm \ Reconvene 4:53 pm

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31. Items Referred-CLK12-2014 items Referrei-OPASO

R-63-2014

It was Moved by M. Bowman, Seconded by K. Klages and Carried

That Council defers OPASO;

And that Town staff work with Bruce County Planning staff to perform a Secondary Plan for the area South of Wiarton in 2014;

And further that the Manager of Public Works brings forward a report detailing the costs, timing and expected outcome in preparation of a Master Servicing Study.

32. JACKSONOI-2014 Paid Parking

Councillor Jackson indicated that the Chamber did not ask for this to be eliminated; they asked for it to be reduced. She explained parking costs in other municipalities and indicated that she does not know of any tourist areas where there is free parking. This would be meeting the Chamber half way. The taxpayers would be getting money back. She indicated that Georgina and Barrie offer free passes. She showed an example of their pass. They offer a free pass to any car that lives at the address. If the driver's licence shows the address, they get a free pass. Accessible drivers get a free pass that is transferable to any vehicle. They have not had any trouble with their program. Councillor Jackson does not see any reason why we can't do this. She has tried to get a free pass for residents for four years. The tourists would be chipping in to help maintain the Beach that they are using. She does not understand why anyone would vote against this; it would be an injustice to the taxpayers as this motion appeases everyone.

Council questioned the revenue stream which is estimated to be $87,000 and wondered if it costs anything to issue the passes. Councillor Jackson indicated that it costs next to nothing to issue the passes.

Council indicated that the 2014 revenue presented in the budget was overstated by $40,000. This was based on no change in the cost of the tickets.

Council questioned the 5% resident visitors to the Beach included in the report. Councillor Jackson indicated that these are her estimations. She indicated that there are not many residents who pay day to day. Manager of Financial Services Humble indicated that Councillor Jackson asked him to work through the numbers with her. They looked at the 2013 numbers and not the 2014 numbers.

Council asked if the trailer owners were considered in the numbers. Councillor Jackson indicated that they are not taxpayers. Manager of Financial Services Humble indicated

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that the trailer owners pay a rent to the landowner. Council indicated that there are many trailer owners who are eligible voters and their licences have that address. Deputy Chair Turner indicated that the trailers are assessed by MPAC and are collected by trailer park owners.

Deputy Chair Turner discussed the 2014 draft budget and the potential lost revenue which was quoted. We would need to put the expenses of updating the machines, restarting the contract and telephone lines in the budget. Manager of Financial Services Humble indicated that the numbers in Councillor Jackson's report are based on 2013 actual numbers. Deputy Chair Turner indicated that we need to look at replacement cost of the existing machines.

Deputy Chair Turner indicated that Mayor Close left some points for consideration. When questioned by a member of Council, the Clerk/CEMC indicated that all members of Council have indicated what others want said when they are not present and this is acceptable. They are only points for discussion. Deputy Chair Turner read the points from Mayor Close including the unknown economic impact, the age of users and the costs to issue and enforce free passes.

Councillor Jackson indicated that the 2013 costs for machine maintenance were already figured into the numbers presented. She feels that $10 of revenue to help maintain the Beach and giving a free pass is helping the residents.

A member of Council indicated that no one asked for free parking and Council should not be giving free parking. No one has free parking. The machine replacement will be an issue when it comes around.

A member of Council indicated that we have free parking everywhere else in the municipality. Another member felt that Sauble Beach can't be compared to other areas.

A member of Council felt that the staff time was being underestimated in the costing. We will be able to have more staff on the Beach enforcing the by-laws and educating the public. We have a two tiered system at Sauble now and there is nothing in the report which addresses the two tier system. Councillor Jackson indicated that the proposal is $10 period.

A member of Council felt that giving free passes has a cost. Tourism is the second largest thing in our municipality and has been dropping off. We used to be one of the biggest areas of building in Bruce County. A member of Council questioned support for development. The original member indicated that we can still have development if people were here in all areas of the Town and not just Wiarton. The member is willing to give free parking a try.

Councillor Jackson indicated that we made money when the cost was $10.00. She read from the Sauble Bulletin where the Chamber announced the revenue brought in

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annually. She indicated that the only thing we would be adding would be the paper pass.

Deputy Chair Turner explained that Saugeen Shores does not charge for parking and has a large growth factor. There is no business plan being presented. We have never tracked how many people are residents or tourists.

Councillor Jackson indicated that because we don't have the specifics of the numbers is not a reason to throw the program out.

Councillor Bowman indicated that Councillor Jackson accused her of politicking. Councillor Jackson had said that people at Carson's Camp don't vote and are not eligible to vote. Councillor Bowman indicated that people in the campground are eligible and that she is not running for Council. Deputy Chair Turner asked for decorum to be maintained.

It was Moved by J. Kirkland, Seconded by M. Standen

That Council reinstates the Paid Parking Program;

And further that the Paid Parking fee will be $10 per day maximum in addition to supplying each tax paying household in the Town of South Bruce Peninsula with one free parking pass.

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

Close Absent Bowman No Jackson Yes Kirkland No Klages No McKenzie Yes Standen Yes Thomas Yes Turner No Deputy Chair Turned declared the resolution to be Defeated.

33. CLK11-2014 Procedural By-Law Update

Council had discussion with respect to the following sections of the proposed by-law:

A12.1 -Staff Reports

The Clerk/CEMC explained that some members of Council are having difficulty with the reporting process. In the last round of Procedural By-Law updates, clarification had

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been made that incomplete reports would be returned to the individual for completion, the reasoning behind having Council make reports. The Clerk/CEMC is not to fix people's reports and it is not for her to put words in people's mouths. This is a consideration for Council. She explained the options available under Notice of Motion. She explained the pros of Council members making staff reports.

A member of Council indicated that they like the opportunity to place staff reports on the table. There are benefits and it saves staff time. There is more detail.

A member of Council indicated that on discussion at the table, Council as a whole can ask staff to make a report. Deputy Chair Turner indicated that removing the staff reporting provision takes away the provisions which gives a member of Council the option of making a report to notify and convince other members of Council of your position. Another member of Council agreed with this statement.

A member of Council indicated that some members of Council may have been unaware of the Notice of Motion provisions.

Council discussed having staff members assist them and indicated that it is staff's mandate to help Council. The member indicated that if staff would send an email indicating that items were missing it would be appreciated. Deputy Chair Turner explained that if Council submitted reports with all sections completed regardless of content, that would qualify as a completed report. The Clerk/CEMC explained that with respect to the report in question, she had sent an email prior to leaving for vacation. She had taken the liberty of changing the report format and added the titles which were missing and sent it back to the member of Council asking for the areas to be completed. If the member of Council had asked for help, the Clerk/CEMC would have helped. It is not the job of the Clerk/CEMC to indicate the content of the report, she is just to ensure a complete report; this is the way the Procedural By-Law is written now. After discussion the member of Council indicated that they appreciated the update to the report in question.

Consensus of Council was achieved that the staff reporting section will not eliminate the Council reporting.

A2.3.10 Deputy Chair Assumption o f Responsibilities

Council asked if there should be a reference to the Deputy Mayor. The Clerk/CEMC indicated that she had thought about this but was not sure about the accuracy when the position is not currently in place.

The Clerk/CEMC will further consider this request.

A14.1.2 Delegations-Bruce County Planning Staff

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Council asked about the Bruce County Planning Staff references and felt that they should be treated as staff. The Clerk/CEMC indicated that this is what she has done. If Council specifically invites them, they need to be scheduled as a delegation because they do not make staff reports. The provision is worded such that Bruce County Planning Staff would be permitted to speak to any item on the agenda in the same manner as Town staff.

A7.2 Posting of Agendas

Council asked about the posting of the agenda at 4:30pm on the Friday preceding the meeting. When there is a holiday Monday, it is impossible to get answers prior to the meeting. The member wondered if the provision could be changed to a noon posting. The Clerk/CEMC explained that the reports are received in the Clerk's Department on Wednesday at noon, and must be sent back if they are not completed. The reports would then need to be reconsidered by the Manager of Financial Services and Administrator. The agenda is also reviewed with the member operating as Chair prior to posting. Staff will take Council direction with respect to the posting time. The agenda is not held until 4:30 pm on Friday and is posted as soon as possible. A member of Council indicated that this was just brought forward for discussion.

A7.4 Confidential Reports

Council questioned the provision on confidential materials being in paper format. Council discussed the reports received on white paper and in verbal format. The Clerk/CEMC indicated that the meaning had been that confidential reports would not be presented by email or on USB keys. Council felt that receiving a written report is appreciated and gives Council something to fall back on. After discussion, it was determined that Council and staff will follow the by-law as written.

A9.1 Order o f Business

Council questioned whether we were following this provision. The Clerk/CEMC explained that we are following this. We may not be getting a show of hands but all members nod their heads. Delegations are not skipped over; they are scheduled at certain times and heard at those times.

A member of Council indicated that in another organization, they approve their agenda at the beginning of the meeting. The Clerk/CEMC indicated that this method is not open and accountable.

A member of Council indicated that Council is following the provision. It was suggested by a member that it be more formal and that the show of hands is used.

A11.4.4 Recordings and Use o f Electronic De¥ices

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A member of Council asked if something could be added to permit Council to use cameras during presentations. Deputy Chair Turner indicated that the section mentioned members of the public but it did not mention staff or Council members.

The Clerk/CEMC will review the by-law and place wording as required.

A12.1 Staff Reports and Chairs o f Committees

A member of Council indicated that it can be difficult for Chairs of Committees to attend at Town Hall to sign reports. The Clerk/CEMC accepts scans and faxed signatures.

A14.6 Delegation Tim© Allotment

Council asked about delegations and the 10 minute restriction. The member does not always understand why some of the delegations receive 10 minutes while others receive more time. The Clerk/CEMC explained that she has to schedule a meeting and that Council can extend the time at the meeting if required. Deputy Chair Turner indicated that he did not cut the speaker off today but allowed them to finish. A member of Council indicated that it is difficult to schedule a meeting. Another member indicated that it seems when staff invites someone to Council, they get extra time. The Clerk/CEMC indicated that when scheduling delegations, if someone requests more time, she discusses their presentation with them and can allot more time. She begins with the standard 10 minute offer. If someone has been invited by Council, she gives more time because Council has invited the delegation. She books the delegations every half hour so that there is time between the delegations and in case there is extra discussion. A member of Council indicated that Council does allow people to finish reading or talking and sometimes extends the time. There are some municipalities where the time line is strictly adhered to or the microphone is turned off.

A15.1 Public Notice and General Announcements

A member of Council questioned making announcements during other parts of the agenda and wondered about being called out of order. The Clerk/CEMC explained that if a member of Council is reporting under Reports from Council Members, they could tie in an announcement with their Committee reporting because it would be germane to the conversation. Either would be correct.

A16.3 Time Allotment to Speakers at Public Meetings

Council asked if members of the public should be restricted to speaking more than 3 times. It is felt that in a public meeting, the public should be able to communicate as many times as they feel are necessary.

On the consensus of Council, the last sentence will be removed to take away the number of times to speak.

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A19J1 Leaving the Chair During Debate

Council discussed having the Mayor leave the Chair if wishing to participate in debate. Administrator Farrow-Lawrence indicated that the section says "may". The Clerk/CEMC indicated that Section A19.12 says that if all members have spoken or plan to speak, the Mayor shall remain in the Chair. Deputy Chair Turner indicated that we have had times when the Mayor has removed himself from the Chair to participate in debate. A member of Council indicated that there have been many times when the Mayor has remained the Chair and participated in debate. The Clerk/CEMC explained that this provision provides clarification with respect to guidelines and Parliamentary Procedures. A member of Council indicated that this provision needs to be restated because the individual should be removing themselves from the Chair. The Clerk/CEMC indicated that this provision goes hand in hand with Section A19.12.

Public Comment Opportunity

A member of Council questioned having a public comment opportunity at the end of the meeting. The member feels that this is beneficial to the public. Administrator Farrow-Lawrence indicated that where she has worked there were procedures in place and it was in the control of the Mayor. A member of Council indicated that in the past, during recess there was a period of general discussion between Council and members of the public with staff being able to leave the room and no minutes taken. Council discussed having a quorum. The Clerk/CEMC explained that this took place in the past and it got out of hand and people were circumventing the delegation process. A member of Council indicated that there are members of the public who attend Council and are biting their tongues because they have things to say. Council discussed allowing the public to speak at the first of the meeting. A member felt that this should be handled as a delegation and if the delegation is not possible, the item should be deferred until they can attend. They discussed the fact that people call members of Council regarding issues. A member indicated that in the past things have gotten out of order in the public comment period. Council discussed knowing what is going on with members of the public. The Clerk/CEMC indicated that a clear understanding of expectation is required. Council discussed guidelines. It was indicated that if a member of Council or staff felt strongly about what was said, they would initiate a report. Otherwise, it would just be the member of the public sounding off with no response. People will need to follow decorum.

On the consensus of Council, the Clerk/CEMC will add provisions where there would be three people permitted, first come first served, sign up at the podium, three minutes each with no expectation of a response from Council or staff and no discussion between the presenter and Council or staff.

A23.1 Reports from Council Members

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Council discussed reports of conferences, meetings and seminars. A written report is permitted but would be included under Staff Reports. Currently Council makes written reports of conferences attended.

On the consensus of Council, written reports will be permitted as will verbal reports.

Procedural By-Law Consideration

A member of Council asked when the new Procedural By-Law would come into effect. The Clerk/CEMC indicated that it would probably not be until March or April. A public meeting is required and she will probably bring back the changes to Council prior to the public meeting depending on the magnitude of the changes.

R-64-2014

was Moved by J. Kirkland, Seconded by M. Standen and Carried

That in accordance with the Municipal Notice By-Law (110-2013), a public meeting be scheduled to hear public comments with respect to the proposed Procedural By-Law;

And further that the necessary by-law to provide for the rules of order and procedures for the Council for the Town of South Bruce Peninsula be placed on an upcoming Council agenda for consideration.

34. Confirmatory By-Law

R-65-2014

It was Moved by M. Bowman, Seconded by K. Klages and Carried

That By-Law 21-2014 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.

35. Adjourn

R-66-2014

It was Moved by M. Standen, Seconded by K. Klages and Carried

That the meeting adjourn. / / / / / /

*</

Time 6:18 pm

Mayor

Clerk

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