MNBP Council Meeting Minutes (Electronic) April 14, 2020

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MEMBERS PRESENT: Mayor Milt McIver, Deputy Mayor Debbie Myles, Councillor Laurie (Smokey) Golden, Councillor James Mielhausen, Councillor Megan Myles

STAFF PRESENT: Mary Lynn Standen, Clerk, Cathy Addison, Deputy Clerk, Tessa Swanton, Administrative Assistant, Teresa Shearer, Treasurer, Wilf Barnes, Fire Chief, Wendy Elliott, Chief Building Official, Troy Cameron, Public Works Report, Ryan Deska, Manager of Community Services, Carol Hopkins, By-law Enforcement Officer 

OTHERS PRESENT: Jack Van Dorp, Bruce County Planning, Cavan Harpur, Bruce Peninsula Bird Observatory 

NOTE: In the absence of the ability to vote by a show of hands, in accordance with By-law No. 2018-73, Section 2(dd), Council votes will be recorded for resolutions presented at electronic Council meetings.

DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF

Mayor McIver called the meeting to order at 1:05 p.m. and Council members were reminded to disclose any pecuniary interest and the general nature thereof that may arise during the course of the meeting.

Councillor Mielhausen declared a conflict of interest with respect to the Public Meeting as “I am the owner of the land to be severed”. 

Councillor Myles declared a conflict of interest with respect to Correspondence Item #3 “because I own/operate a tourist accommodation (hostel) in the Municipality”.

APPROVAL OF THE AGENDA

Moved by L. Golden Resolution #20-01-2020 Seconded by M. Myles 

THAT the content of the agenda be approved as presented. 

The Clerk proceeded to call and record the votes of Council:

Councillor Golden Yes

Councillor Mielhausen Yes

Councillor Myles Yes

Deputy Mayor Myles Yes

Mayor McIver Yes 

The Clerk announced that the motion was carried.

Carried

ADOPTION OF THE MINUTES

Re: Special Council Meeting No. 20-18, March 30, 2020; Special Council Meeting No. 20-17, March 25, 2020; Council Meeting No. 20-16, March 23, 2020; Special Council Meeting No. 20-15, March 23, 2020; and Special Council Meeting No. 20-14, March 20, 2020

Moved by J. Mielhausen Resolution #20-02-2020 Seconded by M. Myles 

THAT the minutes of Special Council Meeting No. 20-18, March 30, 2020; Special Council Meeting No. 20-17, March 25, 2020; Council Meeting No. 20-16, March 23, 2020; Special Council Meeting No. 20-15, March 23, 2020; and Special Council Meeting No. 20-14, March 20, 2020 be approved as printed and circulated.

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

Following the vote, Councillor Golden posed a question regarding the minutes of March 30, 2020. Her question related to the Closed Session minutes of March 30, 2020. The Clerk asked if the query related to the actual Open Council Minutes and Councillor Golden advised that it did not to which the Clerk indicated that it would not be appropriate to discuss Closed Session minutes during an open Council Meeting and this matter should be addressed during the next Closed Session meeting. 

Having declared a conflict of interest, Councillor Mielhausen did not participate in the Public Meeting portion of the meeting.

PUBLIC MEETING

 1. Public Meeting Notice 

RE: B-108-19.62 

County Road 9, Not yet assigned 

410962000700501

Mielhausen (Carey) c/o McNamara

Mr. Van Dorp, Planner with Bruce County Planning, was welcomed to the meeting. Mr. Van Dorp stated that public meetings are important and in order to establish your appeal rights, you must have written into Council or speak during the public meeting today prior to Council’s decision being made. He informed that if a member of the pubic wants to receive notification of the decision, they can email bcplwi@brucecounty.on.ca. 

Mr. Van Dorp proceeded to summarize the severance application. He stated that the application proposes to sever a 2-hectare lot which will be used for storage and to retain a 31 hectare lot that will continue to be used for agricultural purposes. He indicated that the subject property is located in the hamlet of Ferndale. 

The Planner noted that, on the severed 2-hectare lot which contains an existing drive shed, a Local Official Plan Amendment is required to add Space Extensive Commercial and Light Industrial uses to the current Highway Commercial uses on the property. The additional uses would then permit storage on the property. Also relating to the severed lot, a Zoning By-law Amendment is necessary to change the zoning to C2 (Hamlet Commercial), limit the permitted uses to indoor and outdoor storage and establish site plan control.

Mr. Van Dorp then spoke to the site plan. He informed that the circle on the map represents a hazard area associated with a propane facility and also detailed on the site plan are two (2) entrances to the property. 

In regard to the Space Extensive Commercial and Light Industrial designations, the Planner advised that the zones do not require downtown or highway exposure. He noted that, due to low visibility, the location would be appropriate for indoor and outdoor storage and that storage would be located towards the rear of the property. 

Mr. Van Dorp stated that the severed parcel has frontage on Bruce Road 9 and also, the Ministry of Transportation (MTO) has requested that all site access be from Bruce Road 9 and the access easement over the adjacent lands be removed in order to obtain an entrance permit and MTO support of the application. 

The Planner advised that, on the severed lot, there seems to be sufficient space for parking and driveways but that this could be further dealt with through the site plan control process. Regarding the site plan control agreement, Mr. Van Dorp recommended that the Zoning By-law Amendment be adopted pending completion of said Municipality. 

Mr. Van Dorp informed Council that the Province has issued an Emergency Order which has suspended appeal deadlines for planning applications and the Order is set to be in effect until at least June 30, 2020. He suggested any members of the public who want to appeal the decision should file their appeal so it can be addressed; however, there is no deadline for appeals in effect at this time due to the Emergency Order. He reminded that, in order to file an appeal, a comment must have been submitted to Council prior to a decision on the application.

Mayor McIver opened the meeting to any members of the public who wished to comment. Mr. Jason McNamara, the Agent for the applicant, indicated that he did not have any further comments on the subject application. 

With no further comments being received, Mr. Van Dorp presented the following recommendation:

Moved by L. Golden Resolution #20-03-2020 Seconded by M. Myles 

THAT Council adopt Official Plan Amendment Number 14 and the necessary by-law be forwarded to Council for adoption and the County of Bruce for approval. 

THAT Council approve Zoning By-law Amendment Z-66-19.62 as attached and the necessary by-law be forwarded to Council for adoption pending Council’s adoption of the local Official Plan Amendment and the applicant’s completion of a site plan control agreement to the satisfaction of the Municipality.

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

 Carried

Councillor Mielhausen resumed participation in the meeting at this time.

DELEGATION

Delegation- Cavan Harpur

RE: Request for approval for Cabot Head Road to be converted to a trail to allow access by Bruce Peninsula Bird Observatory

Mr. Cavan Harpur thanked Council for the opportunity to speak at the meeting and requested that Council consider converting Cabot Head Road to a trail. Mr. Harpur advised that the Bruce Peninsula Bird Observatory (BPBO) is supportive of the idea. If the conversion occurs, Mr. Cavan indicated that the BPBO would like to be granted access to the site via ATV, UTV or similar to allow research scientists and those participating in the stewardship program into the site. He also mentioned that single car access would be preferred. 

Mr. Harpur explained that scientists need to access the site in order to continue the collection of migration data which is critical to predict world impacts such as climate change. He further stated that the BPBO has an agreement with the Province that permits visitors to stay on site for one (1) week in exchange of a $1,000.00. 

Mr. Harpur said that the BPBO has considered other options; however, the location is ideally situated along one of the key Great Lakes migratory corridors and data has been collected there for approximately 20 years. He advised that the stewardship program is a great source of revenue and prevents site vandalism. If the program were to discontinue, Mr. Harpur mentioned that there could be a loss of data for species at risk in the area.

Mr. Harpur suggested that they are willing to work with other organizations and the Municipality to determine additional funding streams that would assist with improving the condition of Cabot Head Road. 

Councillor Myles inquired on the typical timeline for a BPBO operating season. Mr. Harpur stated that they are typically on site from April to mid-June and August to the end of October. The stewardship program begins in June and operates until August each year. Mr. Harpur informed that the Province does not currently want the BPBO on site due to the COVID-19 pandemic.

Councillor Mielhausen questioned if the road is accessible by ATV at this time. Mr. Cameron, Public Works Manager, advised that the road was accessible by ATV the last time he was on site. Mr. Harpur said that ATV access would be sufficient for the research scientists to access the site once permitted by the Province.

Councillor Golden acknowledged the importance of the research as long as the Municipality does not face any issues relating to liability. Councillor Myles was in agreement and additionally suggested that ongoing costs relating to the maintenance of Cabot Head Road, long term planning and alternative access be investigated by working with Staff and the Province. 

Mayor McIver thanked Mr. Harpur for his presentation and directed Mr. Cameron to prepare a staff report once he is able to discuss this proposal with all interested parties.

CONSIDERATION OF AGENDA ITEMS

1. (“Notice of Motion presented by Councillor James Mielhausen

RE: Requested at April 14, 2020 Council Meeting to be brought forward to April 27, 2020 Council Meeting”)

Moved by L. Golden Resolution #20-05 2020 Seconded by M. Myles 

THAT the Municipality of Northern Bruce Peninsula will undertake the cleaning of ditches that drain the roadside water from the Bury Road through Lots 7, 8 and 9, Concessions 1 and 2, EBR, (Eastnor), to Judges Creek on an “as needed” basis as agreed upon by both the affected landowners, as noted below, and the Municipality.

4109 620 004 00700 Lot 7, Concession 1, EBR, (Eastnor)

4109 620 004 00800 Lot 8, Concession 1, EBR, (Eastnor)

4109 620 004 00900 Lot 9, Concession 1, EBR, (Eastnor)

4109 620 008 00700 Lot 7, Concession 2, EBR, (Eastnor)

4109 620 008 00800 Lot 8, Concession 2, EBR, (Eastnor)

4109 620 008 00900 Lot 9, Concession 2, EBR, (Eastnor)

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

 2. Public Works Department Report No. PW 20-15

RE: 2019/2020 Lion’s Head Drinking Water System Inspection Report

Moved by M. Myles Resolution #20-06-2020 Seconded by J. Mielhausen 

THAT Council receives, reviews and discusses Public Works Department Report PW 20-15 as it relates to the Annual Inspection Report for the Lion’s Head Drinking Water System, as conducted and prepared by the Ministry of the Environment, Conservation and Parks;

AND THAT Council directs Staff to advise the system users through the Website and Municipal Ad in The Bruce Peninsula Press that the Inspection Report is available for viewing on the Municipal Website.

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried. 

Carried

 3. Public Works Department Report No. PW 20-17

RE: Tobermory Sewage Treatment System 2019 Annual Performance Report

Moved by J. Mielhausen Resolution #20-07-2020 Seconded by L. Golden 

THAT Council receives Public Works Department Report PW 20-17 as it relates to the 2019 Annual Performance Report for the Tobermory Sewage Treatment System;

AND THAT Council directs Staff to place a notice on the Municipal Website and in the Municipal Ad in The Bruce Peninsula Press indicating that the Annual Report is available for viewing on the Municipal Website.

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

 4. Public Works Department Report No. PW 20-18

RE: Tender PW 2020-01 – Supply and Application of 5/8” Granular “A”

Moved by L. Golden Resolution #20-08-2020 Seconded by M. Myles 

THAT Council, pending discussions and comments from today’s review, awards the 5/8” Granular “A” Tender to Harold Sutherland Construction Ltd. for the amount of $233,962.50, excluding HST.

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried. 

Carried

 5. Public Works Department Report No. PW 20-19

RE: Tender PW 2020-02 – Surface Treatment

Moved by J. Mielhausen Resolution #20-09-2020 Seconded by L. Golden

THAT Council, pending discussions and comments from today’s review, awards the Surface Treatment Tender to Duncor Enterprises Inc. for the amount of $451,850.00, excluding HST.

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

 6. Public Works Department Report No. PW 20-20

RE: Tender PW 2020-03 – Micro Surfacing

Moved by M. Myles Resolution #20-10-2020 Seconded by J. Mielhausen

THAT Council, pending discussions and comments from today’s review, awards the Micro Surfacing Tender to Duncor Enterprises Ltd. for the amount of $197,456.00, excluding HST.

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

 7. Fire Chief Department Report No. FC 20-03

RE: Quarterly Information and Updates for January, February, and March, 2020

Councillor Myles asked the Fire Chief if any emergency responders have been exposed to the COVID-19 virus as a result of an emergency call. Mr. Barnes confirmed that the responders have not been exposed. 

Moved by L. Golden Resolution #20-11-2020 Seconded by J. Mielhausen 

THAT Council receives the Fire Chief’s Report FC 20-03, Fire Department quarterly information and updates for January, February, and March, 2020.

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

 8. By-law Enforcement Officer Report No. MLEO 20-04

RE: Paid Parking in Tobermory

Considerable discussion ensued.

Councillor Mielhausen commented on the high costs associated with reprogramming the machines if sliding rates during the shoulder season and full price rates during the peak season were to be implemented. 

Councillor Myles stated that she was made aware of concerns from the Tobermory Chamber of Commerce regarding nearby businesses being negatively impacted due to visitors requesting change for paid parking machines. She further said that given COVID-19, it may be responsible to consider delayed enforcement of paid parking and the creation of an economic recovery strategy for the Municipality as businesses and tourism are being hugely affected by the pandemic. She suggested an increase in the grace period for quick stops and requested a comprehensive overview of paid parking at season’s end.

Councillor Golden was in agreement with Councillor Myles and recommended that paid parking decisions be put on hold as the 2020 season may be challenging due to the pandemic.

Mayor McIver said that paid parking may be revisited on a monthly basis along with economic development recovery.

Moved by J. Mielhausen Resolution #20-12-2020 Seconded by L. Golden

THAT Council receives MLEO Report No. 20-04 as it relates to the Tobermory 

recommendations about paid parking in Tobermory submitted to Council at its regular meeting Monday, March 23, 2020; 

AND THAT the implementation of paid parking be suspended until further notice is provided by Council.

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

 9. Building Department Report No. BD 20-06

RE: March 2020 Building Report

Chief Building Official, Wendy Elliott, provided an update on Building Department operations during the COVID-19 pandemic. 

Mrs. Elliott indicated that building permit applications are being reviewed and permits are being issued; but, permits issued after April 4, 2020 cannot begin construction while permits issued prior to April 4, 2020 can proceed with construction. Regarding inspections, she advised that the inspectors are not entering any occupied buildings and are only conducting open air inspections. 

Moved by L. Golden Resolution #20-13-2020 Seconded by J. Mielhausen 

THAT Council receives Chief Building Official Report No. BD 20-06, relating to the March 2020 Building Report, as information.

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

10. Building Department Report No. BD 20-07

RE: No Demand for Services Site Plan Control Agreement

KEVIN STATIA 

KATHERINE STATIA

Part Lot 6-7 Concession 13 EBR Eastnor Part 15, R143, T/W R77557

123 Georgian Drive

Assessment Roll No. 4109 620 009 11715 

PIN 33122-0305 (LT)

Moved by J. Mielhausen Resolution #20-14-2020 Seconded by M. Myles 

THAT Council approves the negotiation and registration of a No Demand for Services Site Plan Control Agreement requested by Kevin and Katherine Statia, owners of the property legally described as Part Lot 6-7 Concession 13 EBR Eastnor Part 15, R143, T/W R77557 and located at 123 Georgian Drive, Municipality of Northern Bruce Peninsula.

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

11. Manager of Community Services Report No. CS 20-20

RE: Tobermory Airport Considerations RE: COVID 19

Councillor Myles agreed with the recommendations provided by Mr. Deska, Manager of Community Services, relating to the closure of the Tobermory Airport to tourism related flights at this time. 

Councillor Golden questioned the recommendation to place portable toilets on site. Mr. Deska said, that if the facility located at the Airport is closed, portable toilets should be provided to pilots and further, portable toilets on site may limit pilots venturing into town.

Mr. Deska advised that he spoke with Griffin Salen, Blue Heron Tours, and that Mr. Salen has some questions relating to his current lease at the Tobermory Airport. Mr. Deska noted that leases in all areas should be addressed as the pandemic is likely to affect operations of the Airport, Marinas, Lion’s Head Campground, etc.

Councillor Mielhausen suggested that leases be pro-rated.

Councillor Myles requested a copy of applicable leases and financial implications in order for Council to make an informed decision. 

Councillor Myles recommended that the placing of portable toilets be left up to staff’s discretion and Councillor Golden agreed. 

Moved by M. Myles Resolution #20-15-2020 Seconded by L. Golden

THAT Council receives Manager of Community Services Report CS 20-20 outlining operating scenarios for the Tobermory Airport in light of the Municipality’s ongoing efforts to curb the spread of COVID-19 in MNBP.

AND THAT Council supports the recommendations below, should we remain in a state of emergency, to minimize staff exposure to the public at the Tobermory airport. These recommendations include:

· Credit/debit fuel sales only, 

· Closing on-site facilities to public, 

· Portable toilets provided on site,

· Closure of bike rentals to visitors.

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

12. Manager of Community Services Report No. CS 20-21

RE: Lighthouse Update

Lengthy discussion ensued as follows:

Councillor Myles stated that it appears that the current location is not ideal and she is concerned with the possible impact of high water levels. She recommended that any decision be deferred at this time until further public input is received. She also questioned if Mrs. Elliott, Chief Building Official, is confident with the design. 

Mr. Deska confirmed that Mrs. Elliott has reviewed the plans. He explained that the first draft plans had included an 8 inch masonry siding which contributed to a structure that would be too heavy for the original lighthouse location. Mr. Deska said, that due to weight restrictions, a new siding has been proposed that would contribute to a lighter structure that could be placed in the original lighthouse location. Mr. Deska informed that he is awaiting approval of the new design and location from the Department of Fisheries and Oceans (DFO).

Councillor Golden stated that she is familiar with the proposed siding and it is likely to produce a good look and solution. She said that she is confident in the engineer’s suggestions. 

Mr. Deska advised that he is also waiting on plans from the engineer for a railing/cement wall that is planned to be constructed on the north and east side of the pier, which will act as an additional barrier to wind and waves. Mr. Deska mentioned that the team tasked with the lighthouse reconstruction is recommending more rock be placed for protection. He noted that he would be required to seek three (3) quotes for rocks and contact DFO for funding.

Mayor McIver said that he does not want to slow down the lighthouse rebuild process as there are volunteers committed and if the engineers and DFO approve the proposal, it would be beneficial to proceed.

Councillor Myles commented that the COVID-19 pandemic may be preoccupying people at this time, recommended deferral and requested the collection of more public input and a site plan of the location be presented to Council. 

In response to an inquiry from Councillor Mielhausen, Mr. Deska estimated that if the lighthouse was placed south west of the original location, then an additional $50,000.00 will be required (in order to drill down to bedrock). 

Councillor Myles requested financial implications of both options and said that it is important to construct a structure that would make the community proud.

Moved by J. Mielhausen Resolution #20-16-2020 Seconded by L. Golden 

THAT Council receives Manager of Community Services Report CS 20-21 with an update on lighthouse reconstruction plans.

AND THAT Council selects Option #1, Original Location, consisting of placing the Lion’s Head Lighthouse in its original location and reverting to a lighter structure not including stone walls. 

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

13. Manager of Community Services Report No. CS 20-22

RE: MNBP Harbours’ response to COVID 19

Councillor Myles requested some clarification whether certain Municipal trails are open, specifically the trail from the Lion’s Head Beach to the Harbour. Mr. Deska said that the access would be open for walking purposes provided that social distancing provisions are adhered to; however, he noted that the playground and beach area are closed. 

Councillor Myles inquired on the repair of docks. Mr. Deska said that there are staff who can assist with that task, but he will need to determine if dock repair is an essential service as defined by the Province before proceeding.

Moved by L. Golden Resolution #20-17-2020 Seconded by J. Mielhausen

THAT Council receives Manager of Community Services Report CS 20-22 with an update to the proposed course of action for MNBP’s harbours in response to COVID 19;

AND THAT Council approves the following recommendations:

 • That both Tobermory and Lion’s Head Harbours “remain closed until further notice”;

 • That staff to continue to provide fuel on a call-in basis;

 • That both harbours defer hiring of summer students until there is a clearer understanding of what lies ahead for the summer season;

 • That staff continue preparing for the season wherever possible, without compromising principles of social distancing; and

 • That council consider the possibility of refunds to slip holders if a significant amount of the season is lost.

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried 

14. Deputy Clerk Report No. DC 20-10

RE: COVID-19 Updates

Councillor Myles asked if there is a crisis communications plan in place as part of the Emergency Management Plan and if there have been any comments or concerns regarding the COVID-19 pandemic. 

Cathy Addison, Deputy Clerk/Emergency Management Coordinator, provided the following update:

As of Friday, April 10, 2020, the Grey Bruce Health Unit (GBHU) began identifying the number and location of COVID-19 cases by municipality. As of 3:30 p.m. on Monday, April 13, 2020, there were no cases confirmed in Northern Bruce Peninsula (NBP). As of yesterday afternoon, 39 cases were reported by the Grey Bruce Health Unit.

Mrs. Addison received a telephone call from the Cemetery Manager recommending the possible closure of Municipal Cemeteries. According to the Bereavement Authority of Ontario, many cemeteries are choosing to close to the public while continuing to offer burials. Cemetery operators have the authority to restrict access, under the current circumstances. It is now required that the number of attendees at a burial ceremony be fewer than 10. She noted that, if cemetery staff contract the COVID-19 virus, they will be unable to work for two weeks or more which would threaten/curtail the operation of cemeteries, especially in 

smaller areas like MNBP. Mrs. Addison advised that the operation of cemeteries and cemetery services are even more important with the current conditions while fully understanding that this poses an extra hardship on grieving families but unfortunately, it is a mandatory measure for burials.

Council discussed Mrs. Addison’s update and Deputy Mayor Myles stated that it is important to stop the spread of the virus and is in support of closing the cemeteries to the public with the exception of providing burial services. Councillor Mielhausen was in agreement. 

Councillor Myles mentioned that by-law enforcement can assist the Cemetery Manager if a situation escalates regarding the restrictions. 

Moved by L. Golden Resolution #20-19-2020 Seconded by M. Myles 

THAT Council approves closure of the Municipal Cemeteries, known as Eastnor Cemetery, Stokes Bay Cemetery, Dunks Bay Cemetery and McVicar Cemetery, to the public with the exception of burials; and

THAT the Cemetery Manager has the authority to restrict access to the Municipal Cemeteries and allowing the number of attendees to be fewer than 10 with social distancing measures in place, due to the current circumstances of COVID-19.

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

15. Treasury Department Report No. TR 20-09

RE: 2020 Budget Approval and Tax Rate By-law

Moved by J. Mielhausen Resolution #20-20-2020 Seconded by M. Myles 

THAT Council receives Treasurer’s report TR20-09 regarding the Final Draft of the 2020 budget; and

THAT By-law 2020-33, being a by-law to adopt the estimates of all sums required during the year and set the 2020 tax rates, be presented and considered for passage on April 27, 2020.

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

16. Treasury Department Report No. TR 20-10

RE: Waiving Penalty and Interest

Mrs. Shearer, Treasurer, clarified that interest will be waived for the months of April, May and June, 2020 and will begin accumulating on July 1, 2020. 

Moved by L. Golden Resolution #20-21-2020 Seconded by M. Myles 

THAT Council receives Treasurer’s report TR20-10 regarding penalty and interest charges; and

THAT Council waives the penalty and interest on all accounts until July 1, 2020; and

THAT By-law 2020-44 be presented and considered for passage on April 27th, 2020

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried 

17. Clerks Department Report No. C 20-19

RE: Municipal Clerk Recruitment Process

Mayor McIver advised that the Municipality has successfully recruited a CAO and a more formal announcement will be coming in the near future.

As per a request from Council, Mrs. Standen, Clerk, stated that she would continue working as long as she is needed and extend her retirement date. 

Mayor McIver recommended that the new CAO participate in the clerk recruitment process and the report be deferred until the CAO is able to provide input.

Moved by M. Myles Resolution #20-22-2020 Seconded by J. Mielhausen 

THAT Council receives Clerk Report C 20-19 in response to direction provided at the

Special Council Meeting held Monday, March 16, 2020 in the Council Chambers;

AND THAT further instruction from Council will be addressed upon receipt of this report in order to initiate the Municipal Clerk Recruitment process. 

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Deferred 

18. Clerks Department Report No. C 20-22

RE: Multi-Municipal Wind Turbine Action Group Membership and Appointees

Deputy Mayor Myles stated that she had previously requested information pertaining 

to reasoning why the Municipality had originally joined the Multi-Municipal Wind Turbine Action Group. Mrs. Standen advised that background information is slim and joining the group was a result of turbine discussion at the time when the community was of the belief that large wind turbine installations were planned to be located within the Municipality.

Deputy Mayor Myles questioned if the public would be in agreement with the decision for Council to leave the group as they have not been consulted. 

Councillor Myles said that priorities have changed and Council is able to make these decisions as they were elected to represent the public.

Mayor McIver explained that, at the time of joining the group, MNBP was earmarked for turbines and therefore, it was appropriate at that time to participate in the group. He stated that, based on the government’s position today on turbines, it may not be beneficial to be involved right now as it is not as relevant today and further that it is costing the Municipality a lot of money to participate. 

Moved by J. Mielhausen Resolution #20-23-2020 Seconded by L. Golden

THAT Council has determined that the Municipality no longer wishes to participate as active, voting members of the Multi-Municipal Wind Turbine Action Group;

AND THAT the Group and the appointed citizen member (for the term of 2018-2022) be advised accordingly of Council’s decision. 

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: No

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

19. Clerks Department Report No. C 20-23

RE: Owner: T & P Hayes Investments Ltd. 

Applicant Agent: Ted Hayes

File No.:B-2020-035

Related File No.: B-81-17.62 (Consent for Easement) (lapsed)

Part Lots 53 to 65, Plan 233 (Eastnor) 

Bruce County Road 9

Assessment Roll No. 4109 620 007 09000

In response to an inquiry from Councillor Myles, Mrs. Elliott was asked to provide information regarding the definition of a nitrate loading zone. 

Moved by J. Mielhausen Resolution #20-24-2020 Seconded by M. Myles 

THAT Council directs staff to submit to the County of Bruce Planning and Economic Development Department, the Municipality’s position of no objection to a severance submitted by the applicant/agent, Ted Hayes, on behalf of the owner, T & P Hayes Investments Ltd., for property legally described as Part Lot 53 to 65, Plan 233, (Eastnor) and located on Bruce County Road 9, Municipality of Northern Bruce Peninsula. It is the intention of the application to create an easement for the purpose of nitrate loading for residential uses on a neighbouring property. The application was proposed and approved in 2017 (under Bruce County File No. B-81-17.62) but lapsed before certification. An associated Niagara Escarpment Development Permit (under NEC File No. B/R/2016-2017/9229) was approved on October 20, 2017. 

THAT Council approves the imposition of conditions of granting of consent as follows:

1. THAT, pursuant to Section 53(42) of The Planning Act, the Certificate of Consent be affixed to the deed within one (1) year of the giving of the Notice of Decision. 

[NOTE: Section 53(43) of The Planning Act, 1990, as amended, requires that the transaction approved by this consent must be carried out within two (2) years of the issuance of the certificate–ie. stamping of the deed].

2. THAT the applicant pays the applicable County of Bruce consent certification fee at the time of certification of the deeds. 

3. THAT a reference plan be completed and a copy filed with the Municipal Clerk, the Registrar and two (2) copies filed with the Approval Authority for the County of Bruce. 

4. THAT the Municipal Clerk provides written confirmation to the Approval Authority that the Municipal conditions as imposed herein have been fulfilled.

5. THAT the consent is for the purpose of establishing a nitrate loading area easement as shown on the Site Plan attached to the Request for Comments for the benefit of lands located at Part Unit 1, Plan D7, Part 1, Plan 3R-9240 (55 Hayes Drive) and that Subsection (3) or (5) of Section 50 of the Planning Act apply to any subsequent conveyance. 

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

20. Accounts Payable Voucher 

RE: March 2020

Councillor Golden questioned a payment made to ACN Electric for $5,600.00 for heating and approximately $7,000.00 for network cyber insurance. Mrs. Shearer was directed to provide an explanation to Councillor Golden on these invoice payments. 

Moved by L. Golden Resolution #20-25-2020 Seconded by M. Myles 

THAT Council receives approved Accounts Payable Voucher, March 2020, in the amount of $2,952,213.91.

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes 

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

21. The Corporation of the Town of Midland

RE: Direct Payment of Federal Funds to Municipalities to Waive Property Taxes for the Year 2020- Financial help to alleviate the suffering from COVID-19 Pandemic

Moved by L. Golden Resolution #20-26-2020 Seconded by J. Mielhausen 

THAT Council receives the attached letter, as information.

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

22. Resolution- The Town of Kingsville

RE: Providing Electricity Relief During Covid-19

Moved by M. Myles Resolution #20-27-2020 Seconded by J. Mielhausen

THAT Council receives the attached resolution, as information.

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried 

OTHER BUSINESS

Councillor Mielhausen advised that he has been contacted by residents inquiring on if the landfill sites will be reopening. Councillor Golden indicated that she has also received the same inquiry from residents relating to the landfill sites and said that the closure is inconvenient for residents and garbage is being dumped elsewhere. Mayor McIver asked Mr. Cameron to prepare a report for the April 27, 2020 Council Meeting regarding reopening the landfill sites and operating in a safe manner. The Clerk noted that the landfill closure was approved by Council on a two-week trial basis.

Councillor Mielhausen requested that Mr. Deska have staff extend the snow fence from where it stops in the park area to the boat ramp at the Lion’s Head Harbour as geese are accessing that area.

Councillor Myles said that there may be some neighbourhood COVID-19 enforcement taking place and at this time, it is important to encourage residents to be kind and reassure them that there are by-law enforcement officers enforcing Provincial Orders. Councillor Golden commented that Tobermory was quiet during Easter weekend which suggests that visitors are staying home.

Mr. Cameron asked Council to approve the Public Works Department’s decision to delay the hiring of summer students until the COVID-19 pandemic has been resolved. Mr. Deska confirmed that the Parks and Facilities Department also wishes to do so with its summer student staff hirings. 

There was a break in the council meeting at 3:17 p.m. 

The meeting reconvened at 3:23 p.m. 

CORRESPONDENCE

1. Steve Delong- request for the Municipality to make available the tap at the Lion’s Head Marina to reduce contact with people during the Covid-19 pandemic- Mr. Cameron said that, after speaking with the Ontario Clean Water Agency (OCWA), it has been suggested that it would be unsafe to open the tap to the public as staff are not on site to sanitize the tap – Mr. Delong to be notified accordingly.

2. Ursula Schweiger- request for a discount on Site 39 at the Lion’s Head Campground- Council did not approve the request from Ms. Schweiger at this time and instructed that Mrs. Schweiger be advised accordingly.

Councillor Myles, having declared a conflict of interest with respect to Correspondence Item #3, did not participate in this portion of the meeting.

3. Robert Mallard- we do not support the inclusion of STAs as a permitted use in the Comprehensive Zoning By-law- staff to acknowledge Councillor Myles resumed participation the meeting at this time. 

4. The Meeting Place Tobermory- Information on Responses and Observations from The Meeting Place Tobermory during the first 4 weeks of the COVID-19 crisis- Mayor McIver stated that The Meeting Place is providing a great service 

5. Solicitor General- Emergency Orders made under the Act to contain the spread of COVID-19- noted and filed 

6. Tribunals Ontario- Tribunals Ontario Fee Increases Deferred to July 1, 2020- noted and filed

7. Tribunals Ontario- Emergency Order O.Reg 73/20 and Board Updates- noted and filed

8. Ministry of Natural Resources- thank you for sharing with me your Council’s resolution in support of the Village of Merrickville-Walford’s concerns regarding how Provincially Significant Wetlands are designated – noted and filed

9. Bruce County- Request for Agency Comments- File Z-2020-029 Town of South Bruce Peninsula Zoning By-law- no comments noted 

10. Bruce County- Public Meeting Notice- April 21, 2020 at the Town of South Bruce Peninsula Council Chambers- proposed changes to Zoning By-law 122-2009- noted and filed 

11. Bruce and Grey Community and Safety Well-being Planning- Community Engagement Sessions- all sessions booked for Bruce and Grey municipalities between April 8 and June 4, 2020 are cancelled- noted and filed 

12. Bruce County Historical Notes- April 2020- noted and filed 

13. Multi-Municipal Wind Turbine Working Group- Approved Minutes of January 9, 2020- noted and filed 

Moved by J. Mielhausen Resolution #20-29-2020 Seconded by M. Myles 

THAT the correspondence items be received for information as printed and circulated.

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

READING OF BY-LAWS

Moved by M. Myles Resolution #20-30-2020 Seconded by J. Mielhausen 

THAT the following listed by-laws be given 1st, 2nd and 3rd reading and enacted:

2020-28 BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE AN AGREEMENT REGARDING MUNICIPAL AND AGENCY WEBEOC CONTACT LISTING WITH BRUCE COUNTY

2020-31 BEING A BY-LAW TO APPOINT A MUNICIPAL EMERGENCY CONTROL GROUP FOR THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA EMERGENCY MANAGEMENT PROGRAM

2020-34 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF GRASS CUTTING AND TRIMMING CONTRACTS FOR THE TERM 2020-2022 FOR THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA

2020-36 BEING A BY-LAW TO AMEND BY-LAW NO. 2002-54, AS AMENDED, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA AS IT RELATES TO THE REMOVAL OF THE HOLDING (H) ZONE PROVISION – PART BLOCK C, E PLAN 480 AS IN R196449; NORTHERN BRUCE PENINSULA, 53 ORCHID TRAIL (ST. EDMUNDS) MUNICIPALITY OF NORTHERN BRUCE PENINSULA

2020-48 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA HELD TUESDAY, APRIL 14, 2020

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes 

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

CLOSED SESSION

Mayor McIver advised that Council was moving into Closed Session for the following reasons: b) personal matters about an identifiable individual including municipal or local board members, e) litigation or potential litigation including matters before administrative tribunals affecting the municipality or local board, and f) advice that is subject to solicitor client privilege including communications necessary for that purpose (Native Land Claim).

Moved by J. Mielhausen Resolution #20-31-2020 Seconded by L. Golden

THAT Council move into closed meeting at 3:31 p.m. pursuant to Section 239 of The Municipal Act, 2001, as amended, for the following reasons: b) personal matters about an identifiable individual including municipal or local board members, e) litigation or potential litigation including matters before administrative tribunals affecting the municipality or local board, and f) advice that is subject to solicitor client privilege including communications necessary for that purpose (Native Land Claim).

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes 

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried 

RECONVENE FROM “CLOSED SESSION” TO RESUME COUNCIL MEETING

Moved by J. Mielhausen Resolution #20-32-2020 Seconded by M. Myles

THAT Council reconvenes from Closed Session and resumes the Council meeting at 4:00 p.m.

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes 

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried 

The Mayor reported out of Closed Session and stated that Council has given instruction to staff to proceed accordingly. 

ADJOURNMENT 

Moved by L. Golden Resolution #20-34-2020 Seconded by M. Myles 

THAT the meeting adjourns at 4:04 p.m.

The Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes 

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried