Municipality Of Northern Bruce Peninsula Council Meeting Minutes (Electronic) June 22, 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: Peggy Van Mierlo-West, Chief Administrative Officer, Cathy Addison, Deputy Clerk, Tessa Swanton, Administrative Assistant, Troy Cameron, Public Works Manager, Ryan Deska, Manager of Community Services, Carol Hopkins, By-law Enforcement Officer, Wilf Barnes, Fire Chief, Wendy Elliott, Chief Building Official 

OTHERS PRESENT: Neda Sarbakhsh, Tobermory and District Chamber of Commerce, Traci Smith, BDO, Jack Van Dorp, County of Bruce 

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 1:04 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 Golden declared a conflict of interest with respect to Correspondence Item #12, Brent Robins, Bruce Anchor Motel and Cruises – Shuttle Bus Parking Exemption as “Brent Robins is my brother”. 

APPROVAL OF THE AGENDA

Moved by L. Golden Resolution #26-01-2020 Seconded by J. Mielhausen

THAT the content of the agenda be approved as presented. 

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried

ADOPTION OF THE MINUTES

RE: Council Meeting No. 20-25, June 8, 2020

Moved by M. Myles Resolution #26-02-2020 Seconded by J. Mielhausen

THAT the minutes of Council Meeting No. 20-25, June 8, 2020 be approved as printed and circulated.

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried

PUBLIC MEETING

There is no Public Meeting for Council Meeting No. 20-26, June 22, 2020. 

DELEGATION

Delegation #1- Tobermory and District Chamber of Commerce

RE: Findings from a Survey on the Paid Parking Program for the 2020 Season

Neda Sarbakhsh appeared before Council on behalf of the Tobermory and District Chamber of Commerce (TCC). She presented survey results on the topic of paid parking in Tobermory. She revealed that the short survey consisted of five (5) questions, thirty-eight (38) responses were received and 74% of responses were from individuals who are both residents and business owners in Tobermory.

Regarding the question asking if the Municipality should charge for paid parking, 40% of respondents said there should be no charge in 2020 and 15% suggested there should be a charge and revenues should be used to fund Covid-19 recovery or another project. They recommended a shorter paid parking season. 

In regard to paid parking in the future, 42% of respondents suggested paid parking be enforcement from July-August only. 

Question 4 revealed that public washrooms, green space, community events and more by-law enforcement were some of the areas where respondents want to see paid parking funds being allocated. 

The final question requested any suggestions for improving paid parking. Ms. Sarbakhsh highlighted the following responses: more green space and more pedestrian friendly, paid parking on Big Tub Road is a safety hazard, paid parking on the Park Road (Chi-Sintubdik Road) is terrible and more change machines are needed. 

Ms. Sarbakhsh summarized her findings by saying that 40% of respondents do not want paid parking to be implemented in 2020; and for subsequent years, paid parking to be in effect for July and August only. 

Ms. Sarbakhsh said that 2020 is so unpredictable and changes can be made as the year progresses, if needed.

Councillor Golden said that she wants to support small business owners and stated that she supports implementing paid parking after June 30, 2020. 

Councillor Myles suggested that downtown Tobermory have paid parking in effect and other lots towards the outside of town be free. She noted that this method may direct parking away from the downtown core.

Manager of Community Services, Ryan Deska, said that the parking lot at the Tobermory Community Centre is mostly full at all times of day. He commented that if the lot is not charging for paid parking, then revenue potential is being lost. 

Councillor Golden mentioned that downtown Tobermory was packed this past weekend with visitors; however, there are limited activities for tourists to engage in as boat tours and the Grotto are closed. 

Councillor Myles thanked Ms. Sarbakhsh for her presentation and useful feedback. 

Ms. Sarbakhsh indicated that people would like to see more transparency pertaining to where paid parking revenues are being used, and when projects are not being completed, it gives the impression that community members are unsure of where the money is being allocated. 

Ms. Sarbakhsh then spoke to the results from the TCC’s 2019 pilot project of the seating area at the Tobermory Harbour. She informed Council that she can gather data on the project and present that to Council when convenient. She indicated that approximately two hundred (200) individuals were in favour of the pilot project and sixty (60) were not in favour. 

Mayor McIver thanked Neda Sarbakhsh for her presentation from the TCC. 

Delegation #2- BDO, Traci Smith

RE: Request for Approval of the 2019 Audited Financial Statements by BDO Canada LLP

Mayor McIver welcomed Traci Smith to the Council Meeting. Ms. Smith began by summarizing the Audit Report. She said that the Draft Financial Statements require approval from Council before being released. In regard to the audit strategy, Ms. Smith advised that there are no changes, issues or additional risks. With respect to internal control matters, she indicated that during the audit no weaknesses in the design of internal controls were found. Ms. Smith informed that the BDO team did not identify any issues or concerns with the 2019 audit that was performed for the Municipality of Northern Bruce Peninsula (MNBP). She encouraged Council to contact her directly with any questions.

Financial Statements were then reviewed by Ms. Smith. She said that it is the responsibility of Management to prepare draft Financial Statements and the auditors review the draft statements and determine in they are in accordance with Canadian public sector accounting standards. Ms. Smith emphasized the “opinion” paragraph and stated that this is the highest level of assurance BDO can provide that the Municipality is meeting standards. 

Ms. Smith presented a balance sheet displaying historic records of 2019 transactions. She highlighted that there is $12.1 million dollars in financial assets, $10.1 million dollars of that being cash and temporary investments. From 2018 to 2019, there was an increase of $2.3 million dollars in cash and temporary investments. An increase in accounts payable and accrued liabilities was the result of the purchase of a grader. Deferred revenue of $296,111 includes unspent gas tax funds which sit as a liability until they are spent. Ms. Smith stated that net financial assets equal $9.4 million dollars. Ms. Smith explained that the positive number indicates that the Municipality has resources available for the future, is not in debt and reserves have been increasing. She noted that non-financial assets total $43.9 million dollars. 

Ms. Smith then presented the Consolidated Statement of Operations and Accumulated Surplus. Ms. Smith highlighted the revenues of the Municipality at $13.2 million dollars. She also commented on capital grants, expenses, annual surplus and operating surplus. Ms. Smith clarified that the operating surplus is short-term and affects the budget and tax rate. The annual surplus was presented at $2.1 million dollars.

The Cash Flow Statement was summarized by Ms. Smith. She indicated that there is a positive cash flow that is increasing. 

Councillor Myles questioned if the operating surplus is appropriate for the size of the Municipality. Ms. Smith said that there is some analysis provided in the Year End Report and there was specific reason that generated the surplus. Ms. Smith also commented that past debts have been paid, resources are available for the future and Municipal roads accompany the largest section of tangible capital assets. Ms. Smith referred to the Tangible Capital Assets graph and explained the relation between the purchase and amortization. 

Ms. Smith indicated that the Municipality underspent in 2019 and the flexibility to purchase assets exists, if needed. 

In regard to taxation, Ms. Smith clarified that the tax rate has not been increasing enough to account for inflation. She noted that this indicates that the Municipality has been able to generate sufficient revenues without substantially increasing the tax rate. 

Mayor McIver thanked Traci Smith, BDO, for her presentation. 

Moved by J. Mielhausen Resolution #26-03-2020 Seconded by L. Golden

THAT Council approves the 2019 Draft Financial Statements, as prepared by BDO Canada LLP, and presented at the Regular Meeting on June 22nd, 2020.

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried

CONSIDERATION OF AGENDA ITEMS

1. Planning Report- Jakob Van Dorp

RE: L-2020-009, Z-2020-012 Richardson

Local Official Plan Amendment, Zoning By-law Amendment

Mr. Van Dorp, Bruce County Planning, was welcomed to the Council Meeting. He proceeded to explain that the above noted application was reviewed previously by Council at the May 11, 2020 Council Meeting where an issue related to servicing and development arose. The planner informed that the issue has been resolved.

Mr. Van Dorp referred to Lot A, which will be expanding in size and acting as a mixed-use lot, permitting a residential and commercial use or two (2) commercial uses. Lot B was then discussed and Mr. Van Dorp stated that the lot will be decreasing in size and will only permit one (1) use: commercial or residential (home based business is permitted).

Mr. Van Dorp advised that Lots C and D are similar and permit one (1) use: commercial or residential (home based business is permitted). The lots also contain existing dwellings and are not large enough in size to permit two (2) uses. 

The Planner indicated that the lot boundaries and sizes are appropriate for the permitted uses and the proposed changes are consistent with the Local Official Plan. He said that the changes do not require further notice under the Planning Act. 

Councillor Myles thanked Mr. Van Dorp for his work on the file and noted that a good compromise was reached. She noted a minor error in the by-law and Mr. Van Dorp said that it would be corrected prior to passing.

Moved by M. Myles Resolution #26-04-2020 Seconded by D. Myles 

That Council approve Northern Bruce Peninsula Official Plan Amendment Number L- 2020-007 Richardson as attached and the necessary by-law be forwarded to Council for adoption and then to the County of Bruce for approval;

That Council approve Zoning By-law Amendment Z-2020-012 Richardson and the necessary by-law be forwarded to Council for adoption pending Council’s adoption of Local Official Plan Amendment L-2020-007; and

That Council determine that no further notice is to be given of the changes to zoning amendment Z-2020-012 prior to adoption of the amendment.

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried

2. Public Works Department Report No. PW 20-28

RE: Traffic Safety Message Sign

Councillor Myles commented on the amount of text on the sign and said that she was surprised by the choice of image as it may appear slightly aggressive to some viewers. 

Moved by J. Mielhausen Resolution #26-05-2020 Seconded by L. Golden

THAT Council supports the installation of a traffic safety message sign at the Municipal works yard located at 7045 Highway 6, Tobermory, by the Grey Bruce OPP and Bruce Peninsula Safe Communities Committee.

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried

3. Public Works Department Report No. PW 20-29

RE: Tender PW 2020-04 – Winter Sand

Moved by D. Myles Resolution #26-08-2020 Seconded by J. Mielhausen 

THAT Council awards the Winter Sand Tender to Hunter Haulage and Excavating Inc. for the amount of $59,781.00, excluding HST.

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried

4. Public Works Department Report No. PW 20-30

RE: RFP PW 20201-01 One New Gas ½ Ton, 4X4 Extended Cab Pick-up Truck

Discussion ensued in regard to the colour of the vehicle. Council was in agreement that the truck that is purchased should be white or blue to stay consistent with the current fleet. 

Councillor Golden stated that a full-size truck is not required for the by-law department. CAO, Peggy Van Mierlo-West, informed that some staff are using their personal vehicles and mileage for garbage pick up, etc. She said that a Vehicle Asset Management Plan will be presented to Council in the future and agreed that smaller vehicles are preferred for by-law enforcement. 

Councillor Myles suggested adding an electric vehicle to the fleet in the future to be both fiscally and environmentally friendly. 

Moved by J. Mielhausen Resolution #26-09-2020 Seconded by M. Myles 

THAT Council approves staff to negotiate with Hal Wright Chevrolet Buick GMC Cadillac, Grogan Ford Lincoln Inc. and Niagara Motors Ltd. for the purchase of a white or blue pick-up truck at an upset limit of $37,370.00, excluding HST.

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried

5. Building Department Report No. BD 20-14

RE: Trailer Agreement

Applicant/Owner: Matthew George Townsend

Aimee Elizabeth Townsend

Plan M-108 Lot 23

29 Forbes Road

Assessment Roll No. 41 09 620 001 06423

Moved by L. Golden Resolution #26-10-2020 Seconded by D. Myles 

THAT Council recommends approval of the Trailer Agreement requested by the property owners, Matthew George Townsend and Aimee Elizabeth Townsend, for the property legally described as Plan M-108 Lot 23 and located at 29 Forbes Road (Assessment Roll No. 41 09 620 001 06423), Municipality of Northern Bruce Peninsula. 

AND THAT the owners acknowledge that the building being constructed will be substantially completed and ready for occupancy within one (1) year from date of signing of the Trailer Agreement. 

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried

6. Building Department Report No. BD 20-15

RE: Trailer Agreement

Applicant/Owner: Lori Lynn Lockhart and James Edward Uniac

Concession 7 WBR Pt Lot 9

24 Purgatory Road

Assessment Roll No. 41 09 620 001 17635

Moved by J. Mielhausen Resolution #26-11-2020 Seconded by M. Myles 

THAT Council recommends approval of the Trailer Agreement requested by the property owners, Lori Lynn Lockhart and James Edward Uniac, for the property legally described as Concession 7 WBR Pt Lot 9 and located at 24 Purgatory Road (Assessment Roll No.41 09 620 001 17635), Municipality of Northern Bruce Peninsula. 

AND THAT the owners acknowledge that the building being constructed will be substantially completed and ready for occupancy within one (1) year from date of signing of the Trailer Agreement. 

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried

7. Manager of Community Services Report No. CS 20-34

RE: Lion’s Head Lighthouse Update

Moved by M. Myles Resolution #26-12-2020 Seconded by L. Golden

THAT Council receives Manager of Community Services Report CS 20-34, Lion’s Head Lighthouse Update, as 

information on the current status of the reconstruction efforts.

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried

8. Manager of Community Services Report No. CS 20-35

RE: Lion’s Head Beach Park Campground Repairs & Reopening

Moved by J. Mielhausen Resolution #26-13-2020 Seconded by M. Myles 

THAT Council receives Manager of Community Services Report CS 20-35, Lion’s Head Beach Park Campground Repairs & Reopening, as information on the campground repairs and reopening plans.

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried 

9. Manager of Community Services Report No. CS 20-36

RE: Tobermory Business Consultations

Councillor Myles stated that it is important to find a solution that will work for the majority of individuals. Manager of Community Services, Ryan Deska, said that there is an opportunity to try new things and adapt/change when necessary. He noted that the season is very unique and it is good to see these proactive conversations occurring. Mr. Deska mentioned that change is hard and a Downtown Revitalization Plan may be beneficial. On another note, Mr. Deska spoke on the public parking area acting as a nice opportunity to provide a seating area this summer and he has yet to receive any negative feedback on the seating area thus far. 

Councillor Golden advised that the bathrooms are very busy in Tobermory and that it needs to be remembered that the Tobermory Harbour is a working harbour and she is not fully committed to the seating area.

Councillor Myles said that there may be two (2) other options for a seating area: the row at the head of the Harbour and from Bay Street to the Blue Bay Hotel. Mr. Deska indicated that he had discussed the head of the Harbour area with staff and the placement of picnic tables and planters was suggested. Councillor Myles said that some restaurants in Tobermory are interested in expanding their footprint. 

In response to a suggestion from Councillor Myles with respect to a walkable downtown only, Mr. Deska informed that other communities have explored the concept and extensive planning would be required to ensure the idea is a success including placing signage. Councillor Golden emphasized that the Harbour is still a working harbour is not just dedicated to tourism.

Mayor McIver noted that Dr. Arra is currently not in support of requiring the wearing of face masks before entering businesses. Councillor Golden said that visitors are not always prepared with face masks when travelling, but it would be beneficial to communicate with tourists that face masks may be required by some businesses in Northern Bruce Peninsula. Mayor McIver noted that social distancing is the first and foremost important measure to be taken to avoid contracting Covid-19. 

Councillor Myles questioned if a Communications Plan has been undertaken. CAO, Peggy Van Mierlo-West, advised that she will speak more on the Communications Plan at the Special Council Meeting on Thursday, June 25, 2020. She said that staff are relying heavily on email and the media to communicate important messages to the public. She elaborated that social media platforms have been sharing the content and notices have been emailed to cottage and short term accommodation (STA) associations. Regarding press releases from the Municipality, the CAO indicated that the releases will be shifted more to focus on “know before you go”, responsibilities of STA owner/operators pertaining to Covid-19 and the community. Ms. Van Mierlo-West mentioned that further discussion can be had relating to the pros and cons of a Municipal social media account and what departments would most benefit from the account.

Councillor Myles stated that pre-trip messaging is key. 

Moved by L. Golden Resolution #26-14-2020 Seconded by D. Myles 

THAT Council receives Manager of Community Services Report CS 20-36, Tobermory Business Consultations, as information on feedback received from consultations taking place June 11, 2020.

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried

10. By-law Enforcement Officer Report No. MLEO 20-08

RE: Reinstating Paid Parking

Considerable discussion ensued pertaining the options pertaining to paid parking for the 2020 season.

Carol Hopkins, By-law Enforcement Officer, confirmed that by-law enforcement officers were present in Tobermory this past weekend.

Councillor Golden said that the downtown area will be easier to manage if paid parking is enforced starting June 30, 2020.

Mayor McIver mentioned that the goal is to improve the washroom facilities in the downtown area. 

Councillor Myles said that there would be a loss of revenue if paid parking is not reinstated and that would only contribute to the reinstating of the program in 2021 more difficult. She advised that she is in favour of reinstating the program for the months of July and August or July, August and September. She said that free parking lots could be available farther away from town. Councillor Myles indicated that she is not in favour of charging for parking on road sides. 

Councillor Golden suggested a parking area where the public can park for longer periods of time. 

Councillor Myles spoke on the results from the survey conducted by the Tobermory and District Chamber of Commerce (TCC) and highlighted the findings asking for more public washrooms. She recommended that Council rent a washroom trailer facility as business owners see the lack of washrooms as an issue. Councillor Golden commented that the four (4) portable washrooms are working well. Councillor Myles suggested that the washroom trailer would better preserve the integrity of the destination and would prove that Council is listening to the concerns of business owners and residents.

Mayor McIver recommended that paid parking be implemented for the months of July and August, 2020. 

Councillor Myles suggested that a survey from the Municipality be distributed to obtain more information on how to make the paid parking program a success. 

Moved by J. Mielhausen Resolution #26-15-2020 Seconded by L. Golden

THAT, Council receives MLEO Report No. 20-08; 

AND THAT Council approves the reinstating of paid parking commencing on June 30, 2020 and re-evaluates, if necessary. 

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried

11. Deputy Clerk Report No. DC 20-19

RE: Zoning By-law Amendment 

Owners/Applicants: Teresa and Nicola Palmisano

Agent: Ron Davidson Land Use Planning

File No.: Z-2020-011

Related File Nos.: C-2020-007 (BCOPA) and B-2020-01 (Consent)

8 Little Cove Road

Part Lot 45, Concession 1, EBR, (St. Edmunds)

Assessment Roll No. 4109 680 006 08407

Moved by J. Mielhausen Resolution #26-16-2020 Seconded by D. Myles 

THAT Council supports the passage of By-law No. 2020-61, 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 45, Concession 1, EBR, (St. Edmunds), located at 8 Little Cove Road. The zoning amendment is required to zone from RU2 Restricted Rural to R1 Detached Residential and R1-61-2020 Detached Residential Special and EH Environmental Hazard to permit the severed and retained lots to R1 Detached Residential and define a building envelope for the severed lot.

AND THAT Council will consider passage of By-law No. 2020-61 at its regular meeting on Monday, July 13, 2020.

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried

12. Deputy Clerk Report No. DC 20-20

RE: COVID-19 Updates

Moved by L. Golden Resolution #26-17-2020 Seconded by M. Myles

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

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried

13. Deputy Clerk Report No. DC 20-21

RE: Owner: T & P Hayes Investments Ltd. 

Applicant Agent: Ted Hayes

File No.: B-2020-037 (Consent)

Related File No.: Z-2020-027 (Zoning)

Plan 233 Pt Lots 53 to 65 Eastnor

Plan D& Pt Unit 1 RP3R9648 Part 1 Lion’s Head 

Assessment Roll No. 4109 620 007 09000 – 4109 640 001 01609

Moved by J. Mielhausen Resolution #26-18-2020 Seconded by D. 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 proposed project includes one (1) building comprising of a total of four (4) one-bedroom senior dwelling units with associated nitrate loading to be permitted by easement on the abutting agricultural lot. The related files are Easement Consent B-2020-037 and Zoning Amendment Z-2020-027 

An associated Niagara Escarpment Development Permit (under NEC File No. File No. B/R/2019-2020/9202) with part of this application. 

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

1. That the owner enter into an Agreement with the Municipality, if deemed necessary by the Municipality, to satisfy all the requirements, financial or otherwise of the Municipality, which may include, but shall not be limited to, the provision of parkland (or cash-in-lieu of land), roads, installation of services, facilities, drainage and the timing and payment of a development charge. 

2. That a Reference Plan (survey that is registered) be completed and a copy filed with the Municipal Clerk and a digital copy and hard copy be filed with the Approval Authority, or an exemption from the Reference Plan be received from the Approval Authority. 

3. That the Municipal Clerk provide written confirmation to the Approval Authority that the municipal conditions as imposed herein have been fulfilled. 

4. 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) requires that the transaction approved by this consent must be carried out within two years of the issuance of the certificate–(ie. stamping of the deed). 

5. That the applicant pays the applicable County of Bruce consent certification fee at the time of certification of the deeds. 

6. That the Niagara Escarpment Commission confirm that Development Permit Application B/R/2019-2020/9202 has been approved. 

7. That the consent is for the purpose of establishing a nitrate loading area easement as shown on the Site Plan attached Schedule for the benefit of lands located at Plan D7 Part Unit 1 RP 3R9648 PART 1 and that Subsection (3) or (5) of Section 50 of the Planning Act apply to any subsequent conveyance.

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried

14. Clerk 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 L. Golden Resolution #26-19-2020 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 the owner enter into an Agreement with the Municipality, if deemed necessary by the Municipality, to satisfy all the requirements, financial or otherwise of the Municipality, which may include, but shall not be limited to, the provision of parkland (or cash-in-lieu of land), roads, installation of services, facilities, drainage and the timing and payment of a development charge.

2. That a Reference Plan (survey that is registered) be completed and a copy filed with the Municipal Clerk and a digital copy and hard copy be filed with the Approval Authority, or an exemption from the Reference Plan be received from the Approval Authority.

3. That the Municipality provide written confirmation to the Approval Authority that the municipal conditions as imposed herein have been fulfilled.

4. That, pursuant to Section 53(42) of the Planning Act, the ‘Certificate of Consent’ be affixed to the deed within one year of the giving of the Notice of Decision.(Note: Section 53(43) of the Planning Act) requires that the transaction approved by this consent must be carried out within two years of the issuance of the certificate (ie. Stamping of the deed).

5. That the applicant pays the applicable County of Bruce consent certification fee at the time of certification of the deeds.

6. That the Clerk of the Municipality provide written confirmation to the Approval Authority that Zoning Amendment Z-2020-012 is in force and effect.

7. That the Clerk of the County of Bruce provide written confirmation of the Approval Authority that Northern Bruce Peninsula Official Plan Amendment L-2020-007 is in force and effect.

8. That the Clerk of the County of Bruce provide written confirmation to the Approval Authority that Bruce County Official Plan Amendment BCOPA C-2020-009 is in force and effect.

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

9. That the Chief Building Official provide 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 (Lot 3) only:

9. That the applicant’s solicitor submits all deeds for certification for files 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.

10. That the Chief Building Official provide written confirmation that the existing residence is connected to municipal water to the satisfaction of the Municipality

11. That the applicant’s solicitor provide an undertaking to inform any future purchaser of Lot 3 that an on site sewage disposal system in accordance with building code and zoning provisions is required prior to occupancy of a dwelling.

12. That the Chief Building Official of the Municipality provide written confirmation to the Approval Authority that the four accessory buildings (*3* sheds, 1 cabin) shown on Lots 3, 4, and 5 of the December 5, 2019 site plan have been removed or demolished.

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

9. That the applicant’s solicitor submits all deeds for certification for files 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.

10. 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.

11. That the Chief Building Official of the Municipality provide written confirmation to the Approval Authority that the four accessory buildings (*3* sheds, 1 cabin) shown on Lots 3, 4, and 5 of the December 5, 2019 site plan have been removed or demolished.

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried

10. Chief Administrative Officer Report No. CAO 20-19

RE: Parkbus – Parking Fee Waiving Request

Councillor Myles stated that she supports the motion and Parkbus provides a great service.

Moved by M. Myles Resolution #26-20-2020 Seconded by L. Golden 

That Council receives the report titled Parkbus – Parking Fee Waiving Request;

And that Council approves the waiving of fees for an annual commercial paid parking pass for the 2020 year for Parkbus.

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried

11. Chief Administrative Officer Report No. CAO 20-21

RE: Request a Letter of Support to the Alcohol and Gaming Commission of Ontario (AGCO) – Rachel’s Restaurant

Councillor Golden praised businesses who are adapting/changing their operations during the Covid-19 pandemic. 

In response to an inquiry from Councillor Myles, Wendy Elliott, Chief Building Official, advised that she reviews seating capacity by taking into account occupant load. She said that the liquor license is based on the number of washrooms available and if the owner would like to expand the seating capacity then a review of the current arrangement would need to be completed prior to approval of any additional seating units. 

Moved by L. Golden Resolution #26-21-2020 Seconded by M. Myles 

That Council receives the report titled Request a Letter of Support to the Alcohol and Gaming Commission of Ontario (AGCO) – Rachel’s Restaurant, and;

That a letter of support regarding the expansion of the seating area be submitted to the AGCO.

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried

12. Chief Administrative Officer Report No. CAO 20-22

RE: Clerk Hiring Committee

Moved by J. Mielhausen Resolution #26-22-2020 Seconded by D. Myles 

THAT Council receives CAO Report No. 20-22 titled Clerk Hiring Committee for information.

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried

13. Resolution- The Municipality of Kincardine

RE: Support the County of Bruce reconsidering the option of paramedicine in the County 

Moved by J. Mielhausen Resolution #26-23-2020 Seconded by L. Golden

THAT Council receives the attached resolution, as information.

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried

14. Resolution- The County of Grey

RE: Call to champion the implementation of broadband in the unserviced and under-serviced areas of Grey County

Moved by M. Myles Resolution #26-24-2020 Seconded by J. Mielhausen

THAT Council supports Resolution No. CW93-20 from The County of Grey in regard to a call to action to Premier Ford; Minister of Infrastructure, Minister Scott; Ministry of Agriculture, Food and Rural Affairs, Minister Ernie Hardeman and Associate Minister of Energy & MPP Walker to champion the implementation of broadband in the unserviced and under-services areas of Grey County.

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried

15. Resolution- Tay Township

RE: Great Lakes water level

Moved by M. Myles Resolution #26-25-2020 Seconded by J. Mielhausen

THAT Council receives the attached resolution, as information.

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried

16. Resolution- Town of Orangeville

RE: Diversity training program

Councillor Myles suggested that cultural sensitivity training and reconciliation training be considered for Municipal staff. 

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

THAT Council receives the attached resolution, as information.

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried

17. Resolution- The Corporation of the Town of Bracebridge

RE: Establishment of a Municipal Financial Assistance Program to offset the financial impact of the COVID-19 pandemic

Moved by J. Mielhausen Resolution #26-27-2020 Seconded by L. Golden

THAT Council supports Resolution No. 20-TC-089 from The Corporation of the Town of Bracebridge in regard to the establishment of a Municipal Financial Assistance Program to offset the financial impact of the COVID-19 pandemic.

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried

There was a break in the Council Meeting at 3:16 p.m.

The Council Meeting reconvened at 3:25 p.m.

OTHER BUSINESS

There was no Other Business for Council Meeting No. 20-26, June 22, 2020. 

CORRESPONDENCE

1. Mark Janke, Pike Bay Boat Launch Group- gathering names on a petition regarding a public boat launch in Pike Bay- Direct to Administration 

2. Municipality of Chatham-Kent- Long Term Care and Retirement Home Partners- noted and filed 

3. The Municipality of Chatham-Kent- Government Commission on Long Term Care- noted and filed

4. Psychosocial and Emotional Wellbeing of Long Term Care Homes- ask that immediate attention and allocated resources be applied to LTC homes to support the psychosocial and emotional wellbeing of residents- noted and filed

5. The County of Bruce Media Release- Bruce County offers 100,000 dollars in grants to support tourism businesses, part of 1.75 million dollar Sustainability Fund- noted and filed

6. The County of Bruce Media Release- Bruce County joins ShopHERE powered by Google program, offering local businesses and artists free online selling option- noted and filed

7. Steve Clark, The Minister of Municipal Affairs and Housing Ontario- call for urgent federal action to provide immediate funding for reliable broadband access across Ontario- The CAO advised that she can send a letter to Mr. Bill Walker, MPP, if requested. She indicated that she has had some communication with Eastlink

8. Phil Whitton, Municipal Policing Bureau- Change in security check and revenue distribution processes- noted and filed 

9. Hannah Evans, Ministry of Municipal Affairs and Housing- deadline extended for Municipal Modernization Program project- noted and filed- the CAO to circulate the final report to Council 

10. The Corporation of the Town of Fort Erie- Request Proclamation of March 17 as Essential Workers Day- noted and filed 

11. Township of Puslinch- Mapleton Resolution 2020-04-14 to request the Province review the Farm Property Class Tax Rate Programme, dated May 27, 2020- noted and filed 

12. Brent Robins, Bruce Anchor Motel and Cruises- Shuttle Bus Parking Exemption- Direct to the By-law Department for a report to Council

Moved by J. Mielhausen Resolution #26-28-2020 Seconded by L. Golden

THAT the correspondence items #1-11 be received for information, as printed and circulated.

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried

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

Moved by J. Mielhausen Resolution #26-29-2020 Seconded by D. Myles 

THAT the correspondence item #12 be received for information, as printed and circulated.

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

Councillor Golden: In conflict 

Councillor Mielhausen: Yes

Councillor Myles: Yes 

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Deputy Clerk announced that the motion was carried. Carried

Councillor Golden resumed participation in the meeting at this time.

READING OF BY-LAWS

Moved by L. Golden Resolution #26-30-2020 Seconded by D. Myles 

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

2020-62 BEING A BY-LAW TO AUTHORIZE AN EMERGENCY PLAN WHICH INCLUDES AN EVACUATION PLAN, PANDEMIC INFLUENZA PLAN, WARMING/COOLING CENTRE GUIDELINES, GUIDELINES FOR A MUNICIPAL FOREST FIRE EMERGENCY PLAN ANIMAL CARE EMERGENCY RESPONSE PLAN AND FLOODING AND/OR HIGH-WATER PLANNING GUIDE FOR THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA

2020-65 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA HELD MONDAY, JUNE 22, 2020

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried

CLOSED SESSION

Moved by J. Mielhausen Resolution #26-31-2020 Seconded by D. Myles 

THAT Council move into closed meeting at 3:39 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 (Personnel).

The Deputy 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 Deputy Clerk announced that the motion was carried. Carried

RECONVENE FROM “CLOSED SESSION” TO RESUME COUNCIL MEETING

Moved by J. Mielhausen Resolution #26-32-2020 Seconded by M. Myles

THAT Council reconvenes from Closed Session at 3:52 p.m. and resumes the Council meeting.

The Deputy 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 advised that the CAO provided a verbal update on a human resources