Municipality of Northern Bruce Peninsula Council Minutes May 11, 2020

85

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

STAFF PRESENT: Peggy Van Mierlo-West, Chief Administrative Officer, Mary Lynn Standen, Clerk, Cathy Addison, Deputy Clerk, Tessa Swanton, Administrative Assistant, Wendy Elliott, Chief Building Official, Troy Cameron, Public Works Manager, Ryan Deska, Manager of Community Services, Carol Hopkins, By-law Enforcement Officer 

OTHERS PRESENT: Jack Van Dorp, Bruce County, Darryl Robins, DMR Consulting, Genevieve Scott, Cuesta Planning, Ted Hayes, Rod Layman

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 1:03 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 By-law No. 2020-49 as “I am the owner of the property relating to the by-law”. 

APPROVAL OF THE AGENDA

Moved by L. Golden Resolution #22-01-2020 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: Council Meeting No. 20-21, April 27, 2020

Moved by J. Mielhausen Resolution #22-02-2020 Seconded by M. Myles 

THAT the minutes of Council Meeting No. 20-21, April 27, 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

PUBLIC MEETING

1. Public Meeting Notice- Online Public Meeting

RE: 2 McNeil Street, 4 McNeil Street, 8 McNeil Street and 3 Sylvia Street Northern Bruce Peninsula Official Plan Amendment 

Zoning By-law Amendment

Official Plan Amendment

L-2020-009, Z 2020-012 Richardson

Mr. Van Dorp stated that the public meeting will include a brief planning report highlighting aspects of the application. He said that the agent has also joined the meeting and the public is able to make comments if they wish. The planner advised that he has received some comments on the application submitted via email which he will read at the end of the public meeting. Further, he said that if an individual wants to receive a notice of Council’s decision. then a written request must have been received.

Mr. Van Dorp advised that the subject property has an area of 7,764 square meters and the application proposes to create five lots from four lots, four of which have frontage on McNeil Street and one on Sylvia Street.

The planner then addressed the Northern Bruce Peninsula (NBP) Official Plan Amendment and Zoning By-law Amendment required to facilitate the proposal. He indicated that the NBP Official Plan Amendment would result in the removal of Special Policy Area 4, permit residential uses on Lots 2 and 3 and permit the required nitrate study. Mr. Van Dorp stated that the Zoning By-law Amendment would require advanced sewage disposal systems on all lots (other than the one existing traditional system that can remain until a new system is required) and zone two proposed lots as commercial where one commercial use and accessory residential use is permitted on each. 

Mr. Van Dorp then reviewed planning considerations. He stated that the severance is taking place in the settlement area of Lion’s Head, a secondary urban community where growth and development is directed. In regard to servicing, the planner explained the application of the D5-4 guidelines, evaluating the development as a whole as opposed to as individual lots, increasing development potential using advanced sewage disposal systems and the total development potential for the site. Mr. Van Dorp also explained issues relating to seven “units” generating wastewater as that is not supported by the D5-4 assessment; therefore, staff cannot recommend the provision of two uses on a lot. He then presented two alternative options that could accommodate two uses on a lot. 

Mr. Van Dorp indicated that public comments have been supportive of the residential uses on the properties, but not the commercial uses. He advised that some concerns stem from the risk of economic impacts to the business community resulting from the COVID-19 pandemic, the residential character of the neighbourhood and the visual impact of larger commercial structures. 

With respect to site plan control, Mr. Van Dorp said that a Site Plan Control Agreement should be created when a development proposal is brought forward.

Mr. Van Dorp informed that staff are withdrawing any recommendations at this time pertaining to the application. 

In response to an inquiry from Councillor Myles, Mr. Van Dorp indicated that the proposed zoning for the lot on Sylvia Street is residential. He also noted that there is no public consultation process for the Site Plan Control aspect. 

Genevieve Scott, Cuesta Planning, provided a detailed summary of the planning application including a history of the process leading up to today’s public meeting.

Darryl Robins joined the meeting and did not have any further comments to provide.

Rod Layman questioned if the current residential uses on 6 and 8 McNeil Street would be grandfathered if they do not comply with the requirements in the current Zoning By-law. He then asked if the buildings were to be replaced with new structures would they be required to comply with setbacks outlined in the Zoning By-law. The planner confirmed that any new development would be required to comply with the corresponding zone provisions. 

Mr. Layman inquired if commercial uses are permitted on 6 and 8 McNeil Street. The planner said that there is a proposed commercial zone in that location. Mr. Layman expressed concerns with expanding the commercial district onto McNeil Street as there are opportunities for commercial developments on Main Street.

Mr. Van Dorp presented comments from Dona Ashcroft where she stated that she does not want to see commercial uses permitted on the lot on the corner of Helen and McNeil Street. She also mentioned that the existing cabins do not meet setback requirements.

Moved by J. Mielhausen Resolution #22-03-2020 Seconded by L. Golden

THAT Council approves Northern Bruce Peninsula Official Plan Amendment Number L-2020-007 Richardson as attached and the necessary by-law be 

forwarded to Council for adoption pending adoption of the County Local Official Plan Amendment and forwarded to the County of Bruce for approval. 

THAT Council approve Zoning By-law Amendment Z-2020-023 Richardson and the necessary by-law be forwarded to Council for adoption pending confirmation of a development flow rate and Council’s adoption of the Local Official Plan Amendment.

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 deferred. Deferred 

2. Public Meeting Notice- Online Public Meeting 

RE: County Road 9A, Not Yet Assigned

Bury Street, Not Yet Assigned

Zoning By-law Amendment 

File No. Z-2020-37 Hayes

Mr. Van Dorp requested that any individuals interested in receiving a notice of Council’s decision relating to the application should speak during the public meeting today or email comments to bcplwi@brucecounty.on.ca. 

Mr. Van Dorp stated that the application was submitted by Ted Hayes and proposes to construct a building consisting of four (4) one-bedroom senior dwelling units. The subject property is located north of the Bethel Church on a vacant lot in Lion’s Head to be accessed from Hayes Drive and Tackabury Street.

In regard to water and sewer services, Mr. Van Dorp indicated that the proposed development does not meet the drinking water standard within the boundaries of the lot; however, an easement is proposed that would solve this problem by increasing the area under the control of the development to provide for greater dilution of wastewater.

The planner advised that the area is a good location for townhouses and the application is consistent with the Ministry of Environment D5-4 guidelines.

In response to an inquiry from Councillor Myles, Mr. Van Dorp noted that he is recommending that Council pass a resolution for the necessary by-law to be placed on an upcoming Council agenda after the easement has been registered and the site plan control agreement completed. 

Mayor McIver opened the meeting to any questions/comments from the public. No public input was received at this time. 

Moved by L. Golden Resolution #22-04-2020 Seconded by D. Myles 

THAT Council approves zoning by-law amendment Z-2020-027 and that the necessary by-law be placed on an upcoming agenda for adoption pending:

Completion of a site plan control agreement between the owner and the Municipality;

Issuance of a Niagara Escarpment Commission development permit for the nitrate loading area easement; and 

Certification of the nitrate loading area easement.

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 

DELEGATION

There is no Delegation for Council Meeting No. 20-22, May 11, 2020.

CONSIDERATION OF AGENDA ITEMS

1. Public Works Department Report No. PW 20-24 

RE: Parks Canada Infrastructure

Councillor Golden commented that the gatehouse facility to be placed at Emmett Lake Road is removable. 

Councillor Myles stated that, as more washrooms are created, it is important to determine how they fit into a longer vision or plan. 

Mr. Cameron, Public Works Manager, stated that he met on site with Mr. Brandon Golden from Parks Canada to look at the gatehouse facility and items at Little Cove Road. He noted that the Chief Building Official has reviewed the gatehouse construction plans. 

Councillor Myles asked who performs maintenance of the parking lot at Little Cove. Mr. Cameron indicated that the Municipality is responsible for the maintenance. 

Mr. Golden advised that the Municipality has the option to charge for parking at the Little Cove parking area if they wish. He also mentioned that Parks Canada will assume responsibility over the composter, garbage bins and traditional maintenance activities. 

Mayor McIver thanked Mr. Golden for the improvements Parks Canada has been undertaking. 

Moved by M. Myles Resolution #22-05-2020 Seconded by J. Mielhausen 

THAT Council provides consent to the Parks Canada Agency to erect a gatehouse facility with control structures at Emmett Lake Road, in accordance with the Agreement for Parks Canada Infrastructure (plants) on Municipal Roads;

AND THAT Council provides consent to the Parks Canada Agency to formalize a parking lot; install a control structure; conduct road repairs; and install a removable composting toilet facility, garbage and recycling units at Little Cove Road, in accordance with the Agreement for Parks Canada Infrastructure (plants) on Municipal Roads.

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 20-25 

RE: Bruce Peninsula Biosphere Association Tree Planting Proposal

Councillor Myles suggested an annual or long-term tree planting program be implemented. She thanked Mr. Cameron for working with the Bruce Peninsula Biosphere Association to establish an appropriate site for tree planting initiative. 

Moved by L. Golden Resolution #22-06-2020 Seconded by D. Myles 

THAT Council receives Public Works Department Report PW 20-25 as information as it relates to a tree planting proposal received from the Bruce Peninsula Biosphere Association.

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. Building Department Report No. BD 20-10

RE: April 2020 Building Report

Moved by J. Mielhausen Resolution #22-07-2020 Seconded by M. Myles 

THAT Council receives Chief Building Official Report No. BD 20-10 relating to the April 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

4. Deputy Clerk Report No. DC 20-12

RE: COVID-19 Updates

Councillor Myles asked Mrs. Addison, Emergency Management Coordinator, if the Wednesday, May 13, 2020 Emergency Management Committee Meeting is the first time the group has met since the COVID-19 pandemic. 

Mrs. Addison informed that she has been sending out frequent emails and incident summaries to the Committee members in order to keep everyone updated on the situation. Mrs. Addison indicated that the Emergency Operation Centre is too small for everyone to meet in-person due to social distancing guidelines. She stated that the meeting on Wednesday is being held virtually via the ZOOM platform. 

Moved by M. Myles Resolution #22-08-2020 Seconded by L. Golden

THAT Council receives Deputy Clerk Report DC 20-12 as information with respect to the COVID-19 updates.

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. Deputy Clerk Report No. DC 20-13

RE: Cancellation of Municipal Cemeteries Decoration Day Services

Moved by J. Mielhausen Resolution #22-09-2020 Seconded by D. Myles 

THAT Council receives Deputy Clerk Report DC 20-13 as information with respect to the Municipal Cemeteries Decoration Day Services; and

THAT Council approves cancellation of Eastnor Cemetery, Stokes Bay Cemetery and Dunks Bay Cemetery Decoration Day Services for 2020, in light of the current COVID-19 pandemic situation.

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. Deputy Clerk Report No. DC 20-14

RE: Request for Proposals (RFP) Cemetery Manager and Groundskeeper Services

Councillor Myles questioned the reasoning behind allowing flexibility for bids to be received for cemetery manager, cemetery groundskeeper or a combination of both services. She further asked if the main criteria for selecting a submission relates to the contractor’s ability to provide both services. 

Mrs. Addison, Deputy Clerk, stated that the contracts have always been separate as not everyone is as interested in performing the cemetery manager contract. She noted that the flexibility allows other parties to place bids. Councillor Golden asked about Mr. Ironmonger to which Mrs. Addison confirmed that the Municipality has worked with Owen Sound Vault Works, Gord Ironmonger, in the past and he has held the contract since 2008.

Moved by L. Golden Resolution #22-10-2020 Seconded by M. Myles 

THAT Council receives Deputy Clerk Report DC 20-14 as information with respect to the Request for Proposals for Cemetery Manager and Groundskeeper Services for the four (4) Municipal Cemeteries; and

AND THAT Council, pending discussions and comments from today’s review, recommends that By-law No. 2020-52, as presented, be approved at the June 8, 2020 Council meeting.

THAT the contract for the Cemetery Manager and Groundkeeper Services be awarded to Owen Sound Vault Works Limited-Gord Ironmonger for a total fee of $200.120.83 for a four (4) year period, plus H.S.T., concluding June 30, 2024.

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. Treasury Department Report No. TR 20-12

RE: County Levy Deferral of Levy Due Dates

Councillor Golden commented that the 

County levy deferral of levy due dates is a good idea. She questioned how many ratepayers deferred payment of taxes in NBP on April 30, 2020. 

Peggy Van Mierlo-West, CAO, advised that the Treasurer is working on a report for the next Council meeting regarding the Municipality’s financial standing during the COVID-19 pandemic. Further, Ms. Van Mierlo-West said that she does not anticipate there will be a great loss in tax revenues as a result of the pandemic. She stated that the Treasurer is in support of the County’s request. 

Moved by D. Myles Resolution #22-11-2020 Seconded by J. Mielhausen

That the Council of the Municipality of Northern Bruce Peninsula supports the County of Bruce Corporate Services Committee Report that recommends that the Bruce County levy due dates be deferred to match the deferral in the Education tax due dates recently announced by the Province as follows:

Installment 1 – Due March 31, 2020 be deferred to June 30, 2020

Installment 2 – Due June 30, 2020 be deferred to September 30, 2020

Installment 3 – Due September 30, 2020 be deferred to December 15, 2020

Installment 4 – Due December 15, 2020 continues to be due on that date

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 

8. Clerk Department Report No. C 20-27

RE: Owner: 1374275 Ontario Ltd.

Applicant: Joe Richardson

Agent: Cuesta Planning Consultants Inc.

Part Unit 84, Plan D4, Parts 2, 3 and 4, Plan 3R-414 – 4 McNeil Street 640-1-346

Part Unit 85, Plan D4, Part 14, Plan 3R-5950 – 3 Sylvia Street 640-1-375-12

Unit 84, Plan D4, Part 1, Plan 3R-414 – 2 McNeil Street – 640-1-34501

Unit 83, Plan D4 – 8 McNeil Street – 640-1-351

File Nos. B-2020-22/24/25/26 (Consents)

Related File Nos.: NBPOPA L-2020-007 (Local Official Plan)

BCOPA C-2020-009 (County Official Plan)

Z-2020-012 (Zoning By-law Amendment)

Moved by M. Myles Resolution #22-12-2020 Seconded by J. Mielhausen

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 agent, Cuesta Planning Consultants Inc., on behalf of the applicant, Joe Richardson, and the owner, 1374275 Ontario Ltd., for properties legally described as Part Unit 84, Plan D4, Parts 2, 3 and 4, Plan 3R-414, Part Unit 85, Plan D4, Part 14, Plan 3R5950, Unit 84, Plan D4, Part 1, Plan 3R-414 and Unit 83, Plan D4, (Lion’s Head) known locally as 4 McNeil Street, 3 Sylvia Street, 2 McNeil Street and 8 McNeil Street, respectively, Municipality of Northern Bruce Peninsula. It is the intention of the application to create five (5) lots from four (4) lots that merged on title. In order to facilitate the consent applications, a Bruce County Official Plan Amendment, a Local Official Plan Amendment and a Zoning By-law Amendment are required. 

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 Zoning Amendment, under Bruce County File. No. Z-2020-012, is in force and effect pursuant to the provisions of the Planning Act, 1990, as amended.

5. THAT the County of Bruce provides written confirmation to the Approval Authority that Northern Bruce Peninsula Local Official Plan Amendment, under File No. L-2020-007, is in force and effect pursuant to the provisions of the Planning Act, 1990, as amended.

6. THAT the County of Bruce provides written confirmation to the Approval Authority that the County of Bruce Official Plan Amendment, under File No. BCOPA C-2020-009, is in force and effect pursuant to the provisions of the Planning Act, 1990, as amended.

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

8. THAT a Municipal water service connection is installed to service each of the proposed lots (proposed Lots 1, 2, 3, 4 and 5) and that said cost shall be borne by the owner.

For Application B-2020-024 (proposed Lot 2) only: 

9. THAT the Chief Building Official provides written confirmation that the existing residence is connected to Municipal water and that the existing cased well in the basement of the residence has been decommissioned in accordance with applicable standards.

For Application B-2020-025 (proposed Lot 3) only:

10. THAT the owner’s solicitor submits all deeds for certification for File Nos. B-2020-025 and B-2020-026 to the Approval Authority at the same time and that the Approval Authority apply certification to all deeds consecutively.

11. THAT the Chief Building Official provides written confirmation that the existing residence is connected to Municipal water to the satisfaction of the Municipality.

12. THAT the Chief Building Official of the Municipality provides written confirmation that an on-site sewage disposal system which is certified to the Can-BNQ 3680-600 NI standard (50% nitrogen removal) has been installed and connected to the residential use to the satisfaction of the Municipality.

13. THAT the Chief Building Official of the Municipality provides written confirmation to the Approval Authority that the four (4) accessory buildings [three (3) sheds, one (1) cabin)] shown on proposed Lots 3, 4 and 5 as of December 5, 2019 site plan have been removed or demolished.

For Application B-2020-026 (proposed Lot 4) only:

14. THAT the owner’s solicitor submits all deeds for certification for File Nos. B-202-025 and B-2020-026 to the Approval Authority at the same time and that the approval Authority apply certification to all deeds consecutively.

15. THAT the owner provides an appraisal of the subject lands to the Municipality. Said appraisal shall be the basis of the 2% cash in lieu of parkland contribution.

THAT the Chief Building Official of the Municipality provides written confirmation to the Approval Authority that the four (4) accessory buildings [three (3) sheds, one (1) cabin)] shown on proposed Lots 3, 4 and 5 as of December 5, 2019 site plan have been removed or demolished. 

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 deferred. Deferred 

9. Clerk Department Report No. C 20-28

RE: Zoning By-law Amendment 

Owner: Sara Jane Martin/Clinton Kay Martin Estate

Applicant/Agent: Michael Browne

Part Lot 26, Concession 8, WBR, (Lindsay) 

Part 31, Plan 3R-6540

Unnumbered – Sadler Creek Road

Bruce County File No. Z-35-19.66 

Roll No. 4109 660 001 32200

Councillor Myles questioned if Council proceeding with the recommendation would result in Council ignoring the comments of the Saugeen Ojibway Nation (SON). Mr. Van Dorp explained that Council would be considering the comments from SON and making a decision that Council believes is best for the Municipality.

Councillor Myles stated that the Municipality needs to work with SON at developing a healthy government to government relationship as SON is an important stakeholder. She further noted that SON does not comment on many applications and their direction is quite explicit. 

Moved by L. Golden Resolution #22-13-2020 Seconded by J. Mielhausen

THAT Council supports the passage of By-law No. 2020-09, being a by-law to amend the Municipality of Northern Bruce Peninsula Comprehensive Zoning By-law No. 2002-54, as amended, as it relates to property legally described as Part Lot 26, Concession 8, WBR, (Lindsay), Part 31, Plan 3R-6540 and located on Sadler Creek Road, Municipality of Northern Bruce Peninsula. The amendment is required to rezone the subject land from PD Planned Development to R2 Resort Residential Special and EH Environmental Hazard to permit the construction of a single detached dwelling and accessory structure(s). 

AND THAT Council will consider passage of By-law No. 2020-09 at its regular meeting on Monday, June 8, 2020.

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

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: No

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried. Carried

10. Clerk Department Report No. C 20-29

RE: Chief Administrative Officer Appointment By-law

Peggy Van Mierlo-West

Councillor Myles commented on how Council had discussed updating the CAO job description; however, the job description is part of the employment agreement. She requested that it be revisited at a later date. 

Moved by J. Mielhausen Resolution #22-14-2020 Seconded by L. Golden

THAT, pursuant to Section 229 of the Municipal Act, 2001, c.25, as amended, a Municipality may appoint a Chief Administrative Officer who shall be responsible for exercising general control and management of the affairs of the municipality for the purpose of ensuring the efficient and effective operation of the municipality and performing such other duties as are assigned by the municipality;

AND THAT Council deems it advisable to enact By-law No. 2020-51, being a by-law to establish the office and define, limit determine the duties and responsibilities of the Chief Administrative Officer and to appoint a Chief Administrative Officer, at this regular meeting of Council on Monday, May 11, 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

11. Clerk Department Report No. C 20-30

RE: Municipal Office Closure – 2020 Christmas Holidays

Moved by M. Myles Resolution #22-15-2020 Seconded by J. Mielhausen

THAT Council supports the closure of the Municipal Office during the 2020 Christmas Holidays as follows: 

Thursday, December 24, 2020 Close at 12 Noon Monday

December 28, 2020 Closed (in lieu of Boxing Day falling on a Saturday)

Tuesday, December 29, 2020 Closed

Wednesday, December 30, 2020 Closed

Thursday, December 31, 2020 Closed

Friday, January 1, 2021 Closed (New Year’s Day – Statutory Holiday)

AND THAT Council supports the return to regular business hours, 8:30 a.m. to 4:30 p.m., at the Municipal Office on Monday, January 4, 2021. 

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. Chief Administrative Officer Report No. CAO 20-11

RE: Recruitment Process — Clerk Vacancy

Mayor McIver informed that Mary Lynn Standen, Clerk, is retiring on Friday, May 29, 2020.

Councillor Myles questioned if advertising via AMCTO is sufficient or other on-line will do and wondered about outside expertise. She asked Mrs. Van Mierlo-West to speak to the pros and cons of including a councillor on the hiring committee.

Mrs. Van Mierlo-West indicated that trained clerks generally seek out employment opportunities via AMCTO postings. Regarding the hiring committee, she stated that a scoring sheet will be provided to the hiring committee members pertaining to resume review and the Committee will have set interview questions. She noted that staff is well trained. Mrs. Van Mierlo-West said that she has heard that having a councillor on a hiring committee may result in the selection of an individual that is not the “right fit”; however, she stated that sometimes a councillor is included on the committee if there is a second interview process. 

Councillor Golden recommended that the Mayor be included on the hiring committee to which Ms. Van Mierlo-West advised that she, Teresa Shearer and Troy Cameron will form the Committee. Councillor Golden commented that the Mayor has long term experience whereas others have not been on board that long. 

Moved by M. Myles Resolution #22-16-2020 Seconded by J. Mielhausen

THAT Council receives CAO Report No. CAO 20-11 titled Recruitment Process — Clerk Vacancy;

AND THAT, the recruitment process commences upon approval.

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. Chief Administrative Officer Report No. CAO 20-12

RE: Human Resource Administration Implementation

Councillor Myles noted that the purchase of HR Downloads is a good start noting that outside expertise may be required at some point and asked if performance management is included in the program. Mrs. Van Mierlo-West informed that there is a module dedicated to performance management and review, and further that managers will be trained on this aspect. She mentioned that the 2021 Budget will include funds for additional training. 

Deputy Mayor Myles commented that it is too bad this had not occurred sooner.

In response to an inquiry from Councillor Golden, Mrs. Van Mierlo-West advised that her intent is to develop a communications plan for human resources and train managers to regulate human resource processes. She stated that they will be working on an orientation plan for summer students this year. 

Councillor Myles enquired if the HR program is available for councillors. Mrs. Van Mierlo-West indicated that there are some tools from the program that can be provided to Council. She listed training requirements for staff and Council, such as performance reviews, Bill 132 and 168 and accessibility training. She also proposed speaking with other municipalities and grouping together to facilitate combined training sessions for Council. 

Moved by M. Myles Resolution #22-17-2020 Seconded by J. Mielhausen

THAT Council receives CAO Report No. CAO 20-12 titled Human Resource Administration Implementation;

AND THAT, Council approves the implementation process and the purchasing of HR Downloads as part of this process;

AND THAT, the funds be allocated from the Modernization Grant Reserve.

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. Chief Administrative Officer Report No. CAO 20-13

RE: Six Month Work Plan

Deputy Mayor Myles stated that she likes the CAO’s report. 

Mrs. Van Mierlo-West indicated that the Municipality is lacking a social media presence and in order to utilize a social media platform to relay information certain policies are required. She clarified that the social media involvement will be strictly for information purposes as the Municipality lacks a communications staff member to constantly monitor the account(s).

Councillor Myles commented that the more barriers that can be removed to relay information, the better. She then asked Mrs. Van Mierlo-West about the modernization grant. The CAO informed that the grant can be used for customer service efficiencies and consultation can occur with the public regarding what they wish to see performed differently in relation to customer service operations. 

Councillor Golden questioned the e-bid process and if all bids have to be submitted in this format. Mrs. Van Mierlo-West noted that if contractors have difficulty submitting bids online then Municipal staff can assist with uploading their submissions. 

Moved by L. Golden Resolution #22-18-2020 Seconded by D. Myles

THAT Council receives CAO Report No. 

CAO 20-12 titled Six Month Work Plan;

AND THAT, Council approves the work plan provided within this report.

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. Accounts Payable Voucher

RE: April 2020

Moved by J. Mielhausen Resolution #22-19-2020 Seconded by L. Golden

THAT Council receives approved Accounts Payable Voucher, April 2020, in the amount of $416,652.89.

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. Resolution- City of Hamilton

RE: Request to regulate and enforce odour and lighting nuisances related to the cultivation of cannabis plants

Moved by M. Myles Resolution #22-20-2020 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

17. Resolution- Township of Armour

RE: High speed internet connectivity in rural Ontario

Moved by L. Golden Resolution #22-21-2020 Seconded by M. Myles 

THAT Council supports Resolution #6 from the Township of Armour with respect to the need to make substantial investments in high speed internet connectivity in the rural areas of Ontario. 

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

18. Resolution- Town of Gravenhurst

RE: Support for the adding of Community Gardens, Garden Centres and Nurseries to the essential services list

Moved by M. Myles Resolution #22-22-2020 Seconded by L. Golden

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 Golden noted that she is recommending for the third time that Municipal boat launches be opened to residents. Mr. Deska, Manager of Community Services, stated that there may be a concern with congestion if the launches open before the Victoria Day long weekend; however, it can be done. Councillor Golden asked for the launches to be open to all ratepayers and a system utilizing parking passes could be implemented based on land ownership in the Municipality. Mr. Deska commented on the burden for By-law staff to police the boat launch areas, but also mentioned that signage could be installed to relay information relating to Provincial guidelines. 

Clerk, Mary Lynn Standen, informed that, in order to reconsider a previously approved resolution, a member of Council has to present a notice of motion. Councillor Golden advised that she will bring forward a notice of motion to the next Council meeting in regard to the reopening of Municipal boat launches to ratepayers within the Municipality.

Mrs. Addison, Deputy Clerk, advised that the cemetery manager is comfortable with the reopening of Municipal cemeteries; however, to facilitate the reopening of the cemeteries a notice of motion is also required. Councillor Myles said that she would bring a notice of motion regarding the reopening of cemeteries to the public while adhering to social distancing measures outlined by the Province to the next Council meeting.

Mr. Deska expressed some concern with the current closure of Municipal Harbours creating a conflict with the May 24, 2020 lift in date for the Lion’s Head Harbour.

In order to address the above concerns in a timely manner, the CAO suggested a Special Council Meeting be called for the end of the week. Mayor McIver called a Special Council Meeting for Friday, May 15, 2020 at 9:00 a.m.

Councillor Mielhausen requested that the website be updated to reflect that the summer landfill hours will be in effect as of May 15, 2020. 

Mr. Cameron, Public Works Manager, informed that the Eastnor Waste Disposal Site still requires wireless internet updates in order for the new debit/credit machines to operate as there are concerns with the lack of cellular service. Councillor Myles suggested that a staff member be placed at the landfill entrance and only allow entry to a set number of vehicles into the landfill site at any given time to limit crowding issues.

CORRESPONDENCE

1. Richard Gils, GBTEL Inc. – A Grey Bruce Telecom Company- request for a letter of  support from Mayor and Council

Moved by M. Myles Resolution #22-23-2020 Seconded by L. Golden

THAT the Council of the Corporation of the Municipality of Northern Bruce Peninsula supports GBTEL Inc.’s funding application to bring advanced fibre to the 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

2. Sylvia Jones, Solicitor General- the government passed the Coronavirus (COVID-19) and Protection Act, 2020- noted and filed 

3. County of Bruce- Request for Agency Comments- proposed change to amend the definition of Eating Establishment in section 10.7- Glossary of Terms in the Town’s Official Plan (SBP)- Council discussed the option of permitted food trucks in certain areas of the Municipality and what plan amendments would be required- Councillor Myles mentioned that Council should address housing affordability and alternative housing options 

4. County of Bruce- Public Meeting Notice- May 19, 2020 at 1 pm- Town of South Bruce Peninsula Council Chambers, 315 George Street, Wiarton ON- noted and filed

5. Honourable Mary Ng, Minister of Small Business, Export Promotion and International Trade- Grey County Committee of the Whole’s resolution to support the excise duty exemption for 100 percent Canadian wine- noted and filed 

6. Lynn Szymezko- National Post- Terence Corcoran- The hottest doc of the year kills green energy- noted and filed 

Moved by J. Mielhausen Resolution #22-24-2020 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

Councillor Myles: Yes 

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried. Carried

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

READING OF BY-LAWS

Moved by M. Myles Resolution #22-25-2020 Seconded by L. Golden 

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

2020-49 BEING A BY-LAW TO ADOPT AMENDMENT NO. 14 TO THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA OFFICIAL PLAN

FOR LANDS DESCRIBED AS PART LOT 25, CONCESSION 2, EBR, (EASTNOR), BRUCE ROAD 9, MUNICIPALITY OF NORTHERN BRUCE PENINSULA

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

Councillor Golden: Yes

Councillor Mielhausen: In conflict

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.

Moved by L. Golden Resolution #22-26-2020 Seconded by D. Myles 

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

2020-51 BEING A BY-LAW TO ESTABLISH THE OFFICE AND DEFINE, LIMIT AND DETERMINE THE DUTIES AND RESPONSIBILITIES OF THE CHIEF ADMINISTRATIVE OFFICER AND TO APPOINT A CHIEF ADMINISTRATIVE OFFICER

2020-53 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA HELD MONDAY, MAY 11, 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

There is no Closed Session for Council Meeting No. 20-22, May 11, 2020.

RECONVENE FROM “CLOSED SESSION” TO RESUME COUNCIL MEETING

There is no Closed Session for Council Meeting No. 20-22, May 11, 2020.

ADJOURNMENT 

Moved by L. Golden Resolution #22-27-2020

Seconded by M. Myles 

THAT the meeting adjourns at 3:20 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