Municipality Of Northern Bruce Peninsula Council Meeting Minutes (Electronic) July 13, 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, Wendy Elliott, Chief Building Official 

OTHERS PRESENT: Neda Sarbakhsh, Tobermory and District Chamber of Commerce, Barry Robinson 

NOTE: All members of Council were present in the council chamber and the meeting was held via zoom, an electronic platform, for members of the public to attend. 

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 Myles declared a conflict of interest on Agenda Item #16 “because I own a tourist accommodation (hostel) in the Municipality of Northern Bruce Peninsula.”

APPROVAL OF THE AGENDA

Moved by L. Golden Resolution #29-01-2020 Seconded by M. Myles 

THAT the content of the agenda be approved as presented. 

Carried

ADOPTION OF THE MINUTES

RE: Council Meeting No. Council Meeting No.20-26, June 22, 2020; Special Council Meeting No. 20-27, June 25, 2020 and Special Council Meeting No. 20-28, June 29, 2020

Moved by J. Mielhausen Resolution #29-02-2020 Seconded by L. Golden

THAT the minutes of Council Meeting No.20-26, June 22, 2020; Special Council Meeting No. 20-27, June 25, 2020 and Special Council Meeting No. 20-28, June 29, 2020 be approved as printed and circulated.

Carried

PUBLIC MEETING

There is no Public Meeting for Council Meeting No. 20-29, July 13, 2020.

DELEGATION

Delegation #1- Tobermory and District Chamber of Commerce

RE: 2019 Harbour Area Pilot Project Results

Neda Sarbakhsh appeared before Council on behalf of the Tobermory and District Chamber of Commerce (TCC). She referenced the Downtown Tobermory and Harbourfront Streetscape and Design Alternative Project that was completed in 2013 by the Municipality, consisting of three (3) options for the downtown that were not pursued.

She informed that the TCC asked the Municipality to support the development of a seating area at Little Tub Harbour last year, which was then approved by Council for the TCC to implement the seating area as a 1-year pilot project. The Municipality agreed to supply three (3) parking spaces, picnic tables and planters for the seating area.

Ms. Sarbakhsh proceeded to ask Council to approve the seating area project on a long-term basis, as she has received much positive feedback on the project. She noted that if approved by Council, the TCC would then apply to the County of Bruce for funding that can be used to enhance the seating area. She acknowledged that there was a petition circulated for the seating area with about 59 signatures opposed to the project, but she has received support on the TCC’s petition from 175 people. Ms. Sarbakhsh noted that they are not proposing to enlarge the seating area. She suggested that accessible parking spaces be placed closer to the Foodland Grocery Store in Tobermory as the accessible spaces are currently too far away.

Ms. Sarbakhsh recommended that the brick walkway area parallel to Bay Street be converted to a green space and some of the pine trees be removed to create space for benches. She mentioned that there is some controversy relating to the cutting of the pine trees. Regarding the pine trees, she indicated that business owners had informed her that the trees were planted in the 1990s with the intention that they grow into a bush; now they have grown into tall trees which are blocking the view of the Harbour and an opportunity for a seating area. Ms. Sarbakhsh suggested that professional planners and landscapers be hired to develop a solution for a seating area.

Ms. Sarbakhsh said that it is good to be proactive; street patios can be purchased or leased; with the Foodland Grocery Store moving to a new location, there will be better flow downtown and parking spaces; most people do not like the pine trees downtown; many municipalities are converting their streets to patios areas; the Harbour has more potential; and many individuals want to see a more walkable downtown and more live music. 

Councillor Golden commented on the redacted names on the petition. Ms. Sarbakhsh advised that as there was no disclaimer on the form, therefore the Municipality had to redact the names.

Councillor Myles asked Ms. Sarbakhsh what she would consider to be a reasonable request to be implemented this summer? She stated that the placement of the picnic tables on the south side of the Harbour; the removal of parallel parking and use the space as a patio area; and closing the street to the Blue Bay Hotel and converting the area to a patio. 

Councillor Golden indicated that she has been speaking with people on this issue and recommended that a professional be hired to look at Ms. Sarbakhsh’s requests prior to implementation. She also asked that public consultation be included in the process. 

Mayor McIver asked Ryan Deska, Manager of Community Services, to prepare a report including options for hiring a professional to undertake the project. 

CAO, Peggy Van Mierlo-West, listed the next steps as follows: meet with the TCC for discussion, present a scope of the work, provide citizens with a public consultation process, continue work with the TCC and organize an RFP (request for proposals). She stated that this may be too large of a project to be completed in 2020. 

Mayor McIver stated that there will be a full consultation process before any project proceeds. 

Mayor McIver thanked Ms. Sarbakhsh for her presentation. 

Delegation #2- Barry Robinson

RE: Request for Council to Approve the Listed Requests Pertaining to the Public Access, Fire Access on Carter Road, Cape Chin South

Mayor McIver welcomed Barry Robinson to the meeting and he proceeded to request assistance in dealing with a problem relating to the public/fire access on Carter Road. He expressed concern with the lack of supervision of the access by the Municipality. He indicated that years ago, the former Lindsay Township dedicated this green space area so that visitors could have access to the water. He noted that at that time, signage was placed that stated “public access, no overnight camping and please keep clean”; however, visitors did not abide by the signage. He said that there was also two (2) wooden washroom structures on site that were never maintained, and after a complaint was lodged, the structures were removed. Mr. Robinson advised that visitors/campers would use the property as a public beach, leave garbage behind and human waste, camp overnight, light fires on the beach unsupervised, dump their holding tanks into the water and load shore stone into their vehicles. He also noted that agricultural vehicles were hauling water from the bay. 

As a result of ongoing problems, Mr. Robinson indicated that residents met with the Fire Chief and expressed concerns. Fire Chief Barnes then placed new signage stating “fire access, no parking, no camping and no fires”. Despite the amended signage, the problems continued.

Mr. Robinson said that in March of 2020, the Municipality posted signage stating “no access” due to Public Health measures relating to Covid-19. The problems persisted with many visitors continuing to access the area. He informed that Municipal bylaw officers do their best to respond to calls from Cape Chin South residents, but are oftentimes busy responding to other concerns as they cover a large area. Mr. Robinson explained that residents take it upon themselves to monitor the public/fire access. 

Mr. Robinson referred to a similar situation on the south end of Carter Road on the Ontario Parks property. He noted that a steel gate was installed at that access point which prevents vehicles from entering the access. He requested that Council install a steel gate at the Cape Chin South public/fire access on Carter Road to prevent parking and allow an opening to remain for foot traffic to the water; install new larger signage depicting financial implications relating to garbage, human waste, camping, fires and removing shore stone; and signage stating “fire access only, not a public beach”. Mr. Robinson asked for urgent attention to this matter from the Municipality. The presentation also included numerous resident signatures from Cape Chin South in support of Mr. Robinson’s request of the Municipality.

Mr. Robinson presented the current situation to Council including several fires, dumping in the water, instances of people removing shore stone, attempt to camp overnight and eight (8) vehicles accessing the area at one time. 

Council discussed the request. It was noted that parking would then occur on the side of the road rather than on the access, if a gate were to be installed then the fire department must have a key and the only vehicle permitted would be a fire emergency vehicle. 

Councillor Myles said that there are stakeholders that should be involved, perhaps the Fire Chief can provide Council with a history of the area, the area could be monitored by car counters and it is good to have residents monitoring the area.

In response, Mayor McIver said that there is private ownership on either side of the access. He asked for this matter to be directed to the CAO, Manager of Community Services, Fire Chief and Public Works Manager for a solution. 

Councillor Golden stated that a fire access should not be considered a public access. 

Councillor Myles said that it would be helpful to have a list of the public/fire accesses in the Municipality for future matters.

Mayor McIver advised that the CAO will bring a report back to Council for consideration pertaining to Mr. Robinson’s requests. 

CONSIDERATION OF AGENDA ITEMS

1. Public Works Manager Report No. PW 20-32 

RE: Isthmus Bay Road Reconstruction- Phase 1 Tender

Mayor McIver questioned the financial aspects of the project. 

Troy Cameron noted that $290,000.00 was allocated to the 2020 Budget for general construction projects and some of the funds could be used for Phase 1 of the Isthmus Bay Road Reconstruction project. 

Mayor McIver asked the Public Works Manager to provide a report relating to the project funds. The CAO advised that the Federal Gas Tax funds can be used for roads related projects.

Moved by J. Mielhausen Resolution #20-03-2020 Seconded by M. Myles 

THAT Council awards contract 16-019C for Isthmus Bay Road Reconstruction – Phase I Contract to Bridge Excavating Ltd. at the tender price of $886,575,00, excluding HST, as per letter of recommendation from GSS Engineering Consultants Ltd.;

AND THAT Council authorizes GSS Engineering Consultants Ltd. to oversee the contract administration and site supervision for this contract; 

AND THAT Council allocate $170,000.00 from the 2020 general construction capital budget to the Isthmus Bay Road Reconstruction fund; 

AND THAT Council allocate $340,000 in the 2021 capital budget for the completion of Phase I of the Isthmus Bay Road Reconstruction project.

Carried

2. Public Works Manager Report No. PW 20-34

RE: Request for Ditch Clean Out – Part Lot 5, Concession 1 EBR

Councillor Mielhausen indicated that he is in support of the request.

Moved by M. Myles Resolution #29-04-2020 Seconded by J. Mielhausen

THAT Council receives Public Works Department Report PW 20-34, Request for Ditch Clean Out – Part Lot 5, Concession 1 EBR; 

AND THAT Council approves a request from Richard Forbes of Harvey Forbes Livestock Ltd. for the clean out of the ditch adjacent to lands legally described as Part Lot 5, Concession 1 East of The Bury Road.

Carried

3. Chief Building Official Report No. BD 20-16

RE: Trailer Agreement

Applicant/Owner: Stanislav and Dana Sedlak 

Concession 2 WBR Part Lot 22 RP 3R3353 Part 3 12 Maple Drive Assessment Roll No. 41 09 660 001 06988

Moved by D. Myles Resolution #29-05-2020 Seconded by L. Golden 

THAT Council recommends approval of the Trailer Agreement requested by the property owners, Stanislav and Dana Sedlak, for the property legally described as Concession 2 WBR Part Lot 22 RP 3R3353 Part 3 and located at 12 Maple Drive (Assessment Roll No.41 09 660 001 06988), 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. 

Carried

4. Chief Building Official Report No. BD 20-17

RE: No Demand for Services Site Plan Control Agreement

Owner: David Milton Loney

Part Lot F Concession 4 WBR Eastnor 219 Hardwick Cove Road Assessment Roll No. 4109 620 005 19300 PIN 33116-0113 (LT)

In response to a question from Councillor Myles, Wendy Elliott, Chief Building Official, advised that entering into a No Demand for Services Agreement was a condition of Mr. Loney’s minor variance application that was previously granted by the Committee of Adjustment. The Chief Building Official informed that the property does not have frontage on a public road, but fronts on an unopened road allowance. 

Moved by L. Golden Resolution #29-06-2020 Seconded by M. Myles 

THAT Council approves the negotiation and registration of a No Demand for Services Site Plan Control Agreement requested by David Milton Loney, owner of the property legally described as Part Lot F Concession 4 WBR Eastnor and located at 219 Hardwick Cove Road, Municipality of Northern Bruce Peninsula.

Carried

5. Chief Building Official Report No. BD 20-18

RE: Deeming By-law

William George Kennedy

Tracey Eileen Kennedy

Lot 67, Plan 509; 16 Cardinal Crescent (Lindsay)

Lot 68, Plan 509; Unnumbered Cardinal Crescent (Lindsay) Assessment Roll No. 4109 660 001 25421 (16 Cardinal Crescent) Assessment Roll No. 4109 660 001 25422 (Unnumbered Cardinal Crescent) PIN 33113-0506 (LT) (16 Cardinal Crescent) PIN 33113-0506 (LT) (Unnumbered Cardinal Crescent)

Councillor Myles asked Mrs. Elliott what the rationale is for deeming the lots. Mrs. Elliott indicated that the owners are seeking to obtain a building permit for a detached accessory building to be placed on the vacant lot, and in order for the accessory structure to be placed on the lot, the lots need to be deemed as a garage is not permitted on a vacant lot.

Moved by D. Myles Resolution #29-07-2020 Seconded by J. Mielhausen

THAT Council authorizes the Chief Building Official to proceed to register a by-law to deem Lot 67, Plan 509; 16 Cardinal Crescent (Lindsay) and Lot 68, Plan 509; Unnumbered Cardinal Crescent (Lindsay), Municipality of Northern Bruce Peninsula, not to be parts of a registered Plan of Subdivision pursuant to a request submitted by the owners William George Kennedy and Tracey Eileen Kennedy.

AND FURTHER THAT this deeming by-law be presented to Council for passage at its regular meeting on July 27, 2020.

Carried

6. Chief Building Official Report No. BD 20-19

RE: Trailer Agreement

Applicant/Owner: Bradley Willard Vokes and Heather Lynn Vokes

Plan 3M231 Lot 15 136 Devils Glen Assessment Roll No. 41 09 620 001 18065

Moved by D. Myles Resolution #29-08-2020 Seconded by L. Golden

THAT Council approves the Trailer Agreement requested by the property owners, Bradley and Heather Vokes, for the property legally described as Plan 3M231 Lot 15 and located at 136 Devils Glen (Assessment Roll No.41 09 620 001 18065), 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.

Carried

7. Chief Building Official Report No. BD 20-21

RE: No Demand for Services Site Plan Control Agreement

Owner: Stephen Ross Manske and Patricia Lynn Manske 

Concession 5 WBR Part Lot 44 17 Bobs Harbour Road Assessment Roll No. 4109 680 003 39001 

PIN 33105-0152 (LT)

Mrs. Elliott noted that Bobs Harbour Road is a private road.

Moved by J. Mielhausen Resolution #29-09-2020 Seconded by D. Myles 

THAT Council approves the negotiation and registration of a No Demand for Services Site Plan Control Agreement requested by Stephen Ross Manske and Patricia Lynn Manske, owners of the property legally described as Concession 5 WBR Part Lot 44 and located at 17 Bobs Harbour Road, Municipality of Northern Bruce Peninsula.

Carried

8. Community Services Manager Report No. CS 20-38

RE: Outdoor Dining Opportunities for Downtown Tobermory

Lengthy discussion ensued. 

Councillor Golden indicated that she has received calls from individuals who are not in favour of the recommendations found within the report. She clarified that they were not in support of any options contained within the report as losing parking spaces would not benefit their 

businesses and they believe outdoor dining space is not needed. Councillor Golden stated that the downtown cannot function well if it is closed to traffic, closures of parking spaces for the placement of tables is unmanageable and closing the road would change the dynamics of the town.

Ms. Van Mierlo-West stated that Mr. Deska provided options for Council’s consideration as there was concern relating to social distancing brought to his attention. 

Councillor Myles mentioned that Mr. Deska prepared a good report, the downtown area is dangerous due to parking on both sides of the road, the sidewalks can be congested, she is open to the idea that some right-side parking be removed (dependent on conversation with business owners) if it helps with social distancing. 

Mayor McIver said that he appreciates the information provided by Mr. Deska and the issue needs to be considered on a broader scale. 

Deputy Mayor Myles stated that public consultation is needed prior to any decisions.

In response to an inquiry from Councillor Myles, the CAO advised that the downtown was very busy last weekend with restaurant lines extending to the sidewalk area contributing to limited social distancing. 

Councillor Myles asked if restaurants were consulted with and suggested the closure of parking spaces immediately in front of the restaurants to act as a holding zone for diners. 

Mr. Deska informed that other towns have adopted that strategy where restaurants are given the above-noted offer. He explained that it was not his intention to make large changes to the downtown, but rather to provide options on how to respond to challenges created by Covid-19. Mr. Deska said that he wants to look at how the Municipality can provide the best possible visitor experience.

Councillor Golden requested that a crosswalk be constructed in the downtown. Mr. Deska provided some background information relating to a crosswalk possibility and said that a professional will be able to assist. Mayor McIver said that he appreciates Mr. Deska’s assistance and expertise in this area. Councillor Myles suggested using paid parking revenues for the crosswalk project.

Councillor Mielhausen mentioned that traffic may be better controlled once Foodland relocates. 

Mr. Deska advised that other municipalities have established an application process for permitting parking spaces fronting on restaurant properties to be repurposed as a waiting/patio area. Councillor Mielhausen noted that he would be in support of this effort. 

Ms. Van Mierlo-West recommended that Council defer the report so that further discussion/consideration on this matter can be had in the future.

Moved by M. Myles Resolution #29-10-2020 Seconded by D. Myles 

THAT Council receives Manager of Community Services Report CS 20-38, Outdoor Dining Opportunities for Downtown Tobermory; 

AND THAT Council, pending discussions during today’s meeting, allocate $15,000 in funding to support increased outdoor dining availability in Tobermory.

Deferred 

9. Deputy Clerk Report No. DC 20-24

RE: File No.: NBP OPA-L2020-007 (Local Official Plan Amendment)

Owner: 1374275 Ontario Ltd.

Applicant: Joe Richardson

Agent: Cuesta Planning Consultants Inc.

Property: 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 Related File No: Z-2020-012(Zoning Amendments) BCOPA C-2020-009 (County Official Plan) B-2020-22/24/25/26 (Consents)

Moved by J. Mielhausen Resolution #29-11-2020 Seconded by L. Golden

THAT Council supports consideration of the adoption of By-law No. 2020-56, being a by-law to adopt Amendment No. L-2020-007 to the Municipality of Northern Bruce Peninsula Local Official Plan for the lands described as Part Unit 85, Plan D4, Part 14, Plan 3R-5950 – 3 Sylvia Street, Unit 83, Plan D4 – 8 McNeil Street, Unit 84, Plan D4, Part 1, Plan 3R-414 – 2 McNeil Street, Part Unit 84, Plan D4, Parts 2, 3 and 4, Plan 3R-414 – 4 McNeil Street, Municipality of Northern Bruce Peninsula, at its regular meeting on Monday, July 27, 2020. Carried

10. Deputy Clerk Report No. DC 20-25

RE: COVID-19 Updates

Moved by M. Myles Resolution #29-12-2020 Seconded by J. Mielhausen

THAT Council receives Deputy Clerk Report DC 20-25 as information with respect to the Covid-19 updates.

Carried

11. Deputy Clerk Report No. DC 20-26

RE: Community Safety Well-Being Plan Updates

Moved by D. Myles Resolution #29-13-2020 Seconded by L. Golden

THAT Council receives Deputy Clerk Report DC 20-26 with respect to the Community Safety Well-Being Plan updates, as information. Carried

12. Chief Administrative Officer Report No. CAO 20-25

RE: RFP Legal Services

Councillor Myles questioned if any other criteria other than the lowest bid was reviewed during the RFP process. The CAO informed that the range of law designations was also a requirement that was reviewed. 

Moved by J. Mielhausen Resolution #29-14-2020 Seconded by D. Myles 

THAT, Council receives the report titled RFP Legal Services, and;

THAT, Council approves Middlebro and Stevens for the provision of Municipal Legal Services for the Municipality of Northern Bruce Peninsula for a five (5) year term. Carried

13. Chief Administrative Officer Report No. CAO 20-26

RE: Strategic Plan Survey

Considerable discussion ensued. 

Ms. Van Mierlo-West noted that it was important to keep the survey short in length and include questions pertaining to levels of service, health and safety and words that best describe the Municipality. She said that there is an “other” option included with all survey questions so that different ideas can also be submitted. She stated that the answers received from the survey will assist staff and Council in determining priorities and projects. The CAO advised that the online survey will be posted on the Municipal website and on the “know before you go” media release.

In response to a question from Deputy Mayor Myles, the CAO said that a paper copy can also be made available at the Municipal office, subject to request.

Ms. Van Mierlo-West indicated that the survey will be posted for one month and will be circulated to various community groups for posting on Facebook and placed in the Municipal newspaper advertisement. 

Councillor Myles suggested that a preamble be included on the survey providing context, that all available answers be grammatically consistent, that it be clear to respondents that they can selected multiple answers or use a ranking system, make question #3 more clear and amend the questions to better align with the strategic priorities. Councillor Myles said that she views the survey as an opportunity to have Municipal projects ranked in order of importance by rate payers. She recommended that the CAO have the survey reviewed by the management team prior to releasing the survey to the public. 

Ms. Van Mierlo-West noted that the requested amendments will set back the Strategic Plan by a couple of months.

Mayor McIver asked the CAO to present the survey to the management team for review.

Councillor Myles asked the CAO to circulate the amended survey to Council as a test prior to posting on the website.

Moved by M. Myles Resolution #29-15-2020 Seconded by J. Mielhausen

THAT, Council receives the report titled 

Strategic Plan Survey, and;

THAT, Council approves the Strategic Plan Survey to commence the public comment portion of the strategic plan development, pending approval from the management team. Carried

14. Chief Administrative Officer Report No. CAO 20-27

RE: Q-2 Report

Peggy Van Mierlo-West commended the management team for their contribution to the quarterly report and added that the Municipality has many hardworking staff members.

Mayor McIver thanked staff for the report.

Councillor Golden stated that it is an informative report and commented on the parking aspect of the report. The CAO said that in the report staff examined beaches similar to a facility in terms of capacity. She said that “when a beach is full, it’s full and when a trail is full, it’s full”. Councillor Golden said that enforcement will be brutal.

Councillor Myles said that the Bruce Trail, Ontario Parks and Ontario Alliance of Climbers all need to be contacted regarding parking on Moore Street. She suggested the possibility of an agreement with Bruce Peninsula District School (BPDS) for hikers to use the parking lot, then walk to the Bruce Trail entrance on McCurdy Drive. She also said that paid parking revenues could be used to cover costs associated with portable toilet expenditures. 

Mr. Deska replied to an inquiry from Mayor McIver and advised that garbage cans at McCurdy Drive are still not being used properly. 

The CAO clarified that the 24 calls to bylaw regarding the illegal operation of short term accommodations (STAs) were during when the Provincial order was in effect for Covid-19 reasons.

Councillor Myles said that the “know before you go” media release does not need to be weekly any longer. The CAO was in agreement.

Deputy Mayor Myles was in agreement with Ms. Van Mierlo-West in terms of capacity guidelines for beaches/trails and being environmentally friendly.

Councillor Myles commented on the consistency of building permits issued in the second quarter of 2020 (April, May and June) in comparison to the second quarter of 2020, even though 2020 is being faced with a global pandemic.

Moved by L. Golden Resolution #29-16-2020 Seconded by D. Myles 

THAT, Council receives the report titled Q-2 Report.

Carried

15. Chief Administrative Officer Report No. CAO 20-28

RE: Request for Additional Staffing- Bylaw

Ms. Van Mierlo-West requested that Council approve the hiring of two (2) additional seasonal bylaw officers as the number of crowds are making it difficult for current staff to manage. She also commented on the importance of partnering up on bylaw calls for safety reasons. 

The CAO and Councillor Myles discussed using a temporary agency for hiring.

The CAO indicated that Grand Bend is comparable in size to the Municipality of Northern Bruce Peninsula, and they staff around two (2) year-round officers and four to five (4-5) additional seasonal officers.

Moved by D. Myles Resolution #29-17-2020 Seconded by J. Mielhausen

THAT, Council receives the report titled Request for Additional Staffing Bylaw; and,

THAT, Council approves the hiring of two additional temporary bylaw officers until September 2020.

Carried

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

16. Chief Administrative Officer Report No. CAO 20-29

RE: Short Term Accommodations

Ms. Van Mierlo-West said that after reviewing the recommendations provided by the consultant, staff compiled their recommendations that they think are best for the Municipality. She said that she recommends a consistent price regardless of the number of STA units. 

Mayor McIver stated that there should be a maximum number of units permitted for STA rental as once you reach a certain number, it becomes a commercial operation. This was noted by the CAO.

The CAO referenced that she recommends the first year to be a voluntary registration. Council discussed the registration fee. Councillor Golden proposed that the licencing fee be less than $500.00 if it is to be consistent with all STAs regardless of size/frequency of rentals.

Councillor Myles exited the council chamber at 3:12 p.m.

Ms. Van Mierlo-West said that she will report back to Council regarding the classification system and further noted that a portion of the licencing fee is to cover administration costs and inspection costs relating to sewage systems. The CAO advised that if an STA has municipal services passing their property (water/sewer connection), then there would be a mandatory connection requirement.

Ms. Van Mierlo-West informed that she will discuss inspection responsibilities with respect to STAs with the Building Department.

The CAO commented that if there are reoccurring valid complaints lodged against an STA, then the licence is removed and they are no longer permitted to operate; rather than the proposed deposit system as presented by the consultant. 

The CAO recommended that Council consider implementing a municipal accommodation tax that can be used for instances such as a Tobermory beautification project.

Ms. Van Mierlo-West indicated that the STA reports/correspondence will be posted on the Municipal website rather than on the separate STA website.

Moved by L. Golden Resolution #29-18-2020 Seconded by D. Myles

THAT, Council receives the report titled Short Term Accommodations, as information.

Carried

Councillor Myles returned to the council chamber at 3:21 p.m. and resumed participation in the meeting at this time.

17. Accounts Payable Voucher 

RE: June 2020

Moved by J. Mielhausen Resolution #29-19-2020 Seconded by M. Myles

THAT Council receives approved Accounts Payable Voucher, June 2020, in the amount of $1,104,981.81.

Carried

18. Resolution- Town of Renfrew

RE: Covid19 Pandemic Effect on Economic Development, Employment and Small Business in Ontario 

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

THAT Council supports a resolution from the Town of Renfrew with respect to the Covid-19 pandemic effect on economic development, employment and small business in Ontario. 

Carried

19. Resolution- The Corporation of the City of Sarnia

RE: Long Term Care Improvements

Moved by J. Mielhausen Resolution #29-21-2020 Seconded by M. Myles

THAT Council receives the following resolution, as information.

Carried

20. Resolution- Township of Puslinch

RE: TAPMO Executive Meeting Minutes dates May 28, 2020

Moved by M. Myles Resolution #29-22-2020 Seconded by J. Mielhausen

THAT Council receives the following resolution, as information. Carried

21. Resolution- Town of Kingsville

RE: Rent Assistance Program to include all Businesses in a Lease Agreement Within all Residential-Above-Commercial Properties without a Cap on Commercial/Residential Ratio

Moved by L. Golden Resolution #29-23-2020 Seconded by M. Myles 

THAT Council supports a resolution from the Town of Kingsville with respect to a rent assistance program to include all businesses in a lease agreement within all residential-above-commercial properties without a cap on commercial/residential ratio.

Carried

OTHER BUSINESS

Mayor McIver asked that staff investigate parking at the end of Grant Watson Drive to the entrance of Mermaids Cove. 

Councillor Mielhausen requested that staff allow more than five (5) vehicles into the landfill sites at one time as he experienced a lengthy wait time recently. 

Mayor McIver asked the CAO for an update on high speed internet efforts in the area. Ms. Van Mierlo-West and Mr. Deska said that SWIFT is accepting RFPs; if one is not received then there is the opportunity for municipalities to provide additional funding and cost-share the project with SWIFT. Mayor McIver requested that Mr. Deska provide a staff report with an update on this topic.

The Deputy Clerk left the meeting at 3:30 p.m. and there was also a break in the meeting at this time.

The meeting resumed at 3:36 p.m.

Councillor Golden expressed concern with the cleanliness of the portable toilets in Tobermory. She said that the contractor is required to clean the toilets twice per week, which is not sufficient. Mr. Deska advised that he contacted the contractor and requested that the toilets be cleaned three times per week. Councillor Myles suggested that the Tobermory Harbour staff be tasked with cleaning the toilets as the Lion’s Head Harbour staff clean the public washrooms. Councillor Golden disagreed and said that staff should not be cleaning the portable toilets and the task should be undertaken by the contractor that was hired. The CAO clarified that Municipal staff cannot clean the portable toilets as that would breach the contract with the contractor. Councillor Myles commented on whether the portable toilets are to be cleaned daily and brought up the option of washroom trailers. Mr. Deska informed that the portable toilets located at the Tobermory Community Centre are cleaned Thursdays, Saturdays and Mondays. He also noted that he has added more garbage cans on Moore Street.

In response to a question from Councillor Golden on how to respond to people taking water out of Cameron Lake, the CAO said that the Ministry of Environment would be the best contact for that matter.

CORRESPONDENCE

1. Alison Hunter Stewart- The Gap- Concerns for Summer- Staff to reply 

2. Nancy Bourgeois- Comments on Recommendations for Short Term Accommodations Dated June 2020 and December 2019- Letter to be forwarded to the STA consultant 

3. Tim Lang- Alexander Street Concerns- Public Works Department to reply

4. Arni Stinnissen- Request for Two Composters to be donated to the Lakewood Community- Council agreed that they do not want to set the precedent of donating composters to various community groups, staff to reply to Mr. Stinnissen

5. Public Health Grey Bruce Media Release- Swimmer’s Itch- A common concern- noted and filed 

6. Public Health Grey Bruce Media Release- Public Assistance Request Dog Bite- noted and filed

7. Public Health Media Release- Overdose Prevention- noted and filed

8. Public Health Media Release- Public Health Interventions to Support Safe Re- opening- noted and filed

9. Grey Sauble Conservation Authority- Board Meeting Highlights May 27, 2020- noted and filed

10. Lisa Thompson and Bill Walker Media Release- Delivering High Speed Internet to More People in Southwestern Ontario- noted and filed

11. Minister Steve Clark-Legislated Changes to the Planning Act to Make the Necessary Regulation to Suspend Decision-Making Timelines- noted and filed

12. Tribunals Ontario- Assessment Review Board Fee Increase on July 1, 2020- noted and filed

13. Ministry of Finance- OPTA System, Education Reports and the Deferral of the June 20 or September 30 Education Property Tax Remittance to School Boards- noted and filed

14. AMO Communications- AMO Policy Update- Provincial Emergency Extended and Tribunals Ontario- noted and filed

15. Ministry of Government and Consumer Services- Moving Towards a More Digital-Focused Service Model for Land Registration Services- noted and filed

16. Public Health Grey Bruce Media Release- Grey Bruce Top Doctor Giving Notice of Intent to Mandate Face Covering Order in Grey Bruce- noted and filed

17. Public Health Grey Bruce Media Release- Covid-19 Case in West Grey- noted and filed

18. Grey County, Bruce County Media Release- Local Immigration Partnership Underway in Grey and Bruce- noted and filed

19. Ministry of Municipal Affairs and Housing- on July 8, 2020 our Government Introduced the Covid-19 Economic Recovery Act, 2020 to Help Get Ontario Back on Track- noted and filed

20. Ministry of the Environment, Conservation and Parks- Environmental Assessment Modernization- noted and filed

21. Terry and Louise Julian- Request for the Placement of Rocks on a Small Portion of the Road Allowance at the Westerly End of Julian Drive- Staff to present a staff report on this matter for the July 27, 2020 Council meeting

Moved by D. Myles Resolution #29-24-2020 Seconded by J. Mielhausen

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

Carried

READING OF BY-LAWS

Moved by J. Mielhausen Resolution #29-25-2020 Seconded by M. Myles 

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

2020-61 BEING A BY-LAW TO AMEND THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA BY-LAW NO. 2002-54, AS AMENDED, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA [PART LOT 45, CONCESSION 1, EBR, (ST. EDMUNDS) – 8 LITTLE COVE ROAD]

2020-63 BEING A BY-LAW TO ESTABLISH AND APPOINT MEMBERS TO A CLIMATE ACTION COMMITTEE FOR THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA

2020-69 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA HELD MONDAY, JULY 13, 2020

Carried

CLOSED SESSION

There is no Closed Session for Council Meeting No. 20-29, July 13, 2020.

RECONVENE FROM “CLOSED SESSION” TO RESUME COUNCIL MEETING

There is no Closed Session for Council Meeting No. 20-29, July 13, 2020.

ADJOURNMENT 

Moved by J. Mielhausen Resolution #29-26-2020 Seconded by L. Golden

THAT the meeting adjourns at 3:53 p.m.

Carried