Municipality of Northern Bruce Peninsula Council Meeting Minutes (Electronic) July 27, 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 

OTHERS PRESENT: Nil

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. 

Councillor Golden declared a conflict of interest with respect to Agenda Item #2, By-law Enforcement Officer Report No. MLEO 20-10 regarding Shuttle Bus Parking as the “owner of Bruce Anchor is my brother, I have no pecuniary interest, but in the interest of appearance of non partiality”. 

DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF

Mayor McIver called the meeting to order at 1:01 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.

APPROVAL OF THE AGENDA

Moved by L. Golden Resolution #30-01-2020 Seconded by M. Myles

THAT the content of the agenda be approved as presented.  Carried

ADOPTION OF THE MINUTES

RE: Council Meeting No. 20-29, July 13, 2020

Moved by D. Myles Resolution #30-02-2020 Seconded by J. Mielhausen

THAT the minutes of Council Meeting No. 20-29, July 13, 2020 be approved as printed and circulated. Carried

PUBLIC MEETING

There is no Public Meeting for Council Meeting No. 20-30, July 27, 2020.

DELEGATION

There is no Delegation for Council Meeting No. 20-30, July 27, 2020.

CONSIDERATION OF AGENDA ITEMS

1. Public Works Manager Report No. 20-35

RE: Hidden Valley Road

Mayor McIver inquired if a survey of the road has been completed. Peggy Van Mierlo-West, CAO, indicated that the completion of a survey was a requirement as part of the agreement. She also noted that the County of Bruce has extended the deadline for approval by ninety days due to the pandemic. The CAO advised that the cost for the survey is approximately $45,000.

Mayor McIver questioned the number of culverts needed for the road. Troy Cameron, Public Works Manager, said that two larger culverts were recommended by Shirley Johnstone and the engineer is reviewing this recommendation to see if the two large culverts will suffice, as opposed to the engineer’s suggestion of five culverts. Mr. Cameron indicated that the agreement states that the culverts are to be placed prior to the road being assumed. 

In response to an inquiry from Councillor Mielhausen regarding fencing, Mr. Cameron said that the Municipality will be responsible for fencing around McVicars Cemetery. 

Councillor Golden mentioned that this file accompanies a long history. She noted that there may be items that the Municipality has to budget for in the future relating to Hidden Valley Road. Mr. Cameron commented that the road currently receives winter maintenance and snow removal to the entrance of McVicars Cemetery. 

Following a comment from Mayor McIver, Mr. Cameron said that it is good practice to “clean up” trespass roads whenever possible. 

Moved by J. Mielhausen Resolution #30-03-2020 Seconded by L. Golden

THAT Council receives Public Works Department Report PW 20-35 as information as it relates to Hidden Valley Road. Carried

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

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

RE: Shuttle Bus Parking

Lengthy discussion ensued. 

Councillor Mielhausen questioned the reasoning behind the report being brought forward to Council at this time. The CAO advised that “no parking” signs were installed this year as the area is included in the Parking By-law as a “no parking” zone. She further said that there have recently been some concerns brought to the attention of staff relating to parking at the Gap. 

Bylaw Enforcement Officer, Carol Hopkins, stated that parking at the Gap has caused congestion to the point where emergency vehicles are unable to access the area. She said that in the past, Bruce Anchor Cruises has used the site to access their property, not for the loading and unloading of shuttle buses. Ms. Hopkins said that since signage has been posted at the Gap, parking enforcement has been easier.

Councillor Myles said that Bruce Anchor and Blue Heron are offering a shuttle service that results in reduced congestion and she is in support of Bruce Anchor continuing to load and unload at the Gap as congestion is being lessened. She suggested that a mutually agreeable solution be determined in conversation with stakeholders. Councillor Myles requested a chronological background on the parking issue at the Gap and questioned when changes were made to the Parking By-law. She also acknowledged that the signs were placed during a pandemic when strain is already being placed on businesses.

Ms. Hopkins confirmed that the Gap is a 66-foot road allowance.

Deputy Mayor Myles noted that Bruce Anchor was never granted permission to use the Gap to load and unload passengers, and further that if there are Parking By-law restricts in that area, then the by-law should be enforced accordingly. She said that permitting this use to Bruce Anchor would set a precedent for other requests of a similar nature.

Bylaw Enforcement Officer, Ms. Hopkins, informed that Parking By-law 2017-19 states that loading and unloading of passengers at the Gap is not permitted. Councillor Myles questioned why enforcement of the by-law was just occurring now amidst a pandemic. She commented that this creates an unclear situation for the community regarding by-law enforcement. 

Deputy Mayor Myles mentioned that by-law enforcement needs to be consistent and enforcing the “no parking” area at the Gap is a good start.

Mayor McIver recommended that the decision be deferred until the fall. 

Council and Ms. Hopkins continued to discuss the matter, specifically how Bruce Anchor is to proceed with the loading and unloading of their shuttle buses at the Gap this summer.

Ms. Hopkins referenced the following Resolution #29-03-2019, passed at the December 13, 2010 Council Meeting: “THAT Council supports the recommendations of Municipal staff as set out below for the property owned by 1415747 Ontario Inc., known located as Town Plot Bury EBR Lot 61 and located at 61 Front Street, as amended: … 10) Existing access from the unopened road allowance is permitted at this time”. Mayor McIver noted that there was an exemption granted. Councillor Myles said that Council granted Bruce Anchor access of the unopened road allowance also known as the Gap. Ms. Hopkins also indicated that a few years ago the Hay Bay parking lot was designated as a “bus loading and unloading zone” in hopes of reducing congestion, and at that time the Parking By-law was also amended to state “no person shall park a bus in any area where signs are posted prohibiting such bus parking”. 

Councillor Golden left the council chamber at 1:22 p.m.

Council was in agreement to defer the report and reconsider in the fall when more information becomes available and there has been sufficient time for review.

Councillor Golden returned to the council chamber at 1:24 p.m.

Moved by M. Myles Resolution #30-04-2020 Seconded by J. Mielhausen

THAT Council receives MLEO Report No. 20-10 as it relates to Bruce Anchor Motel & Cruises (Brent Robins) Shuttle Bus Parking within the Gap and Hay Bay Road submitted to Council at its regular meeting Monday, June 22, 2020;

AND THAT Council maintain the ‘No Parking’ and ‘No Loading and Unloading of Buses and Shuttles’ at the Gap and the north portion of Hay Bay Rd from Highway 6 to Legion Street.

Deferred 

Councillor Golden resumed participation in the meeting at this time.

3. By-law Enforcement Officer Report No. MLEO 20-11

RE: 60 Carter Rd, Public Access

Councillor Myles asked staff if they had any context on the public access of Carter Road. Cathy Addison, Deputy Clerk, informed that the access was dedicated as a green space in the former Township of Lindsay and washrooms were removed decades ago by the former Township of Lindsay. She said that a neighbour in the past had requested additional land from the lot to increase their lot size and the remaining parcel was always intended to be a green space.

Councillor Myles stated that the space is large with a good size buffer on each side. She said that she is in agreement with the proposed signage and bylaw officers continuing to monitor the area. She requested that Ms. Hopkins provide Council with an annual update on the public/fire accesses within the Municipality that may be “priority areas” for Council to consider.

Mayor McIver commented that the absence of washroom facilities on site does pose an issue.

Councillor Golden stated that it is important to consider the opinions of the surrounding property owners. She said that if the Municipality is not going to implement the appropriate controls, then it is unfair to ratepayers to permit access. Councillor Golden asked if more bylaw staff have been hired.

The CAO advised that resumes are currently under review and bylaw is a difficult position to recruit.

Councillor Myles suggested that car counters be placed strategically to gather data for public/fire accesses. She said that a program can be implemented to identify problematic areas with a high volume of cars, that would allow Council to prioritize public/fires accesses. 

Bylaw Enforcement Officer, Carol Hopkins, indicated that the current signage states “no camping, fire access”. She advised that bylaw enforcement gets to the area three times in an 8-hour shift. The new signs will read “day use, no fires, no camping”. 

Moved by L. Golden Resolution #30-05-2020 Seconded by M. Myles 

THAT Council receives MLEO Report No. 20-11 as it relates to the July 13th, 2020, delegation presentation from Mr. Barry Robinson, Cape Chin South; and 

THAT the entrance to 60 Carter Road from Cape Chin South Road easterly to the water’s edge be posted as a Fire Access; and

THAT the circle area will be posted as day-use only, no camping, and no fires. The By-law Department will post signage that will indicate the fines for failing to comply. Carried

4. By-law Enforcement Officer Report No. MLEO 20-12

RE: Being a By-law to Regulate Paid Parking and Control Traffic and More Particularly the Parking, Stopping or Standing of Vehicles and the Use of Municipal Parking Lots Within the Municipality of Northern Bruce Peninsula

Councillor Golden asked if bylaw has the capacity/resources for this project. 

Councillor Mielhausen questioned where signage will be placed for Moore Street. Ms. Van Mierlo-West said that board signage will be placed asking visitors to park at the Lion’s Head Arena. She informed that she contacted the Bluewater District School Board and is awaiting a response regarding parking in the Bruce Peninsula District School (BPDS) parking lot.

Mayor McIver questioned if the Little Cove parking lot size has been increased. Mr. Cameron, Public Works Manager, advised 

that the parking lot was enlarged as per the agreement with Parks Canada and has capacity for approximately 25 vehicles. 

Deputy Mayor Myles mentioned that she recently counted 142 cars on parked on the side of the road on Moore Street. 

Councillor Myles said that Council may wish to consider no parking on Moore Street during certain times of the year as an alternative to no parking year-round.

Councillor Mielhausen said that he is in support of no parking permitted on Moore Street and asked if the parking lot could be expanded down the road allowance off of McCurdy Drive. 

Mayor McIver recommended that Council/staff sit down with Ontario Parks and the Bruce Trail Association to discuss options. 

Councillor Myles stated that constant bylaw enforcement is needed and a further problem is created redirecting parking to different areas. She recommended that a long-term plan be established as there are too many people on the Peninsula during peak times. She stated that methods for enforcement of the influx of people is needed, a conversation with Parks Canada should be had and tourists are visiting hidden gems on the Peninsula now more than ever before.

Councillor Golden said that when areas such as Parks Canada advertise that they have no availability and are operating at capacity, then the overflow of visitors find other areas and the Municipality is left to accommodate the excess people.

Deputy Mayor Myles commented on the environment at Moore Street and said that it will take decades to return back to its original state. She requested that limits be placed on the number of people permitted to visit these areas, rather than constructing a larger parking lot to accommodate large amounts of visitors. She mentioned the idea of purchasing a ticket to visit sites. The Deputy Mayor also referred to the Strategic Plan including a priority to protect the natural environment.

Moved by J. Mielhausen Resolution #30-06-2020 Seconded by D. Myles

THAT Council receives MLEO Report No. 20-12 as it relates to CAO Report No. 20-27 Q-2 submitted at Council’s regular meeting on July 13, 2020, Parking Concerns:

AND THAT Council will consider the passage of By-law No. 2020-71 at its regular Council meeting on August 24, 2020. Carried

5. Deputy Clerk Report No. DC 20-23

RE: Zoning By-law Amendment Z-2020-012 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

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

BCOPA C-2020-009 (County Official Plan)

B-2020-22/24/25/26 (Consents)

Moved by J. Mielhausen Resolution #30-07-2020 Seconded by M. Myles 

THAT Council supports the passage of By-law No. 2020-54, 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 Unit 84, Plan D4, Parts 2, 3 and 4, Plan 3R-414 – 4 McNeil Street, Part Unit 85, Plan D4, Part 14, Plan 3R-5950 – 3 Sylvia Street, Unit 84, Plan D4, Part 1, Plan 3R-414 – 2 McNeil Street and Unit 83, Plan D4 – 8 McNeil Street, Municipality of Northern Bruce Peninsula. The amendment is required to rezone the subject land from R1 Detached Residential and PD Planned Development to Residential Special for 3 Sylvia Street and numbers 2, 4, and 8 McNeil Street and an unnumbered McNeil Street lot to Business District Commercial Special to create a total of five (5) lots.

AND THAT Council will consider passage of By-law No. 2020-55 at its regular meeting on Monday, August 10, 2020. Carried

6. Deputy Clerk Report No. DC 20-28

RE: Niagara Escarpment Commission Request for Comments

NEC File No. B/R/2020-2021/121

Owner: Bo & Roberta Rushton

Part Lot 8 Concession 9, EBR 59 Hopeness Road Assessment Roll No. 620-009-02600

Moved by L. Golden Resolution #30-08-2020 Seconded by M. Myles

THAT Council directs staff to submit to the Niagara Escarpment Commission, the Municipality’s position of “no objection” to the request for comments, with the Development Permit application submitted by the for the applicant/owners, Bob & Roberta Rushton, for property known as Part Lot 8, Concession 9, EBR, (Eastnor), and situated locally at 8 Hopeness Road, Municipality of Northern Bruce Peninsula, who is seeking approval to construct a 1-story, 392 square foot accessory structure (storage shed) with a maximum height to a peak of approximately 10 feet on an existing 97 acre lot, a property which currently supports an existing single dwelling with private servicing. Carried

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

RE: Request for Rental – 5 Heron Point Road

Ms. Van Mierlo-West advised that the rental is year-round and the building is currently sitting vacant. She confirmed that the Residential Tenancies Act governs the agreement and the agreement is expected to last at least one year. The CAO said that the rent is $750.00 per month which is based on a monthly rental fee for a 3-bedroom house in the area.

Moved by M. Myles Resolution #30-09-2020 Seconded by D. Myles 

THAT Council receives the report titled Request for Rental – 5 Heron Point Road, and;

THAT the Municipality enters into a month by month rental agreement with the Nature Conservancy of Canada for the building located at 5 Heron Point Road. Carried

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

RE: Proposed Expanded Parking Areas

Councillor Myles recommended that the report be deferred or received as information only. She requested more time to investigate the parking area options provided and said that the proposed parking area on Cemetery Road is located too far away from the Moore Street trail access and would not solve the problem. Councillor Myles noted that spreading out the impacts of parking does not alleviate the issue itself.

The CAO confirmed that she has yet to begin conversation with Parks Canada regarding parking at Little Cove as she has not yet received direction from Council. 

Council discussed the possibility of discussing parking areas in September or October at a Special Council Meeting.

Moved by J. Mielhausen Resolution #30-10-2020 Seconded by M. Myles

THAT Council receives the report titled Proposed Expanded Parking Areas. Carried 

9. Resolution- Municipality of Chatham-Kent

RE: Emancipation Day

Moved by L. Golden Resolution #30-11-2020 Seconded by M. Myles 

THAT the Council of the Municipality of Northern Bruce Peninsula supports a resolution from the Municipality of Chatham-Kent with respect to Emancipation Day. Carried

OTHER BUSINESS

Councillor Myles questioned if staff have a plan in place for bylaw enforcement during the upcoming long weekend.

Mrs. Addison, Deputy Clerk, left the meeting at 1:59 p.m. 

Councillor Myles suggested that Parks and Facilities staff alert bylaw officers of any issues occurring at the Black Creek Provincial Park and on Moore Street while they are on site conducting maintenance duties.

Mrs. Addison returned to the meeting at 2:01 p.m.

Ms. Hopkins stated that the current two (2) bylaw officers in addition to herself are prepared to work all weekend and the night shift ends at midnight with after-hour calls being directed to Ms. Hopkin’s cellphone. She indicated that the OPP can arrive on site after their presence is requested within 10-15 minutes, depending on the area.

Councillor Myles brought up the discussion previously had by Council relating to allowing businesses to dedicate parking space adjacent to their restaurants as a patio/waiting area; however, further discussion with the public is necessary. 

CORRESPONDENCE

1. Debbie Dover, Pike Bay Community Association- Fireworks in Pike Bay- Request for additional signage- Refer to Fire Department- Councillor Myles noted that signage is only one form of communicating information and other forms of communication can be investigated in the Communications Plan

2. Lindsey Griffith- Response to CS 20-38 Outdoor Dining Opportunities for Downtown Tobermory- Noted and filed, can be referred to for future planning considerations

3. Linda Godhue- Request for Council to Pass a By-law for mandatory face coverings in indoor settings- Noted and filed

4. Philip Servos- Concerns with Short Term Accommodations report from July 13, 2020 Council meeting- Forward to the STA consultant 

5. Garry Williams- Request for a functioning public telephone in Tobermory- Council discussed the request and stated that urgent phone calls can be accommodated by the Tourism Centre or by call phone, staff to respond to Mr. Williams

6. Petition to change Moore Street in Lion’s Head to NO PARKING on both sides of the Street- Refer to By-law Enforcement Officer Report No. MLEO 20-12

7. Catherine McKinnon- Concerns with parking on Moore Street- Refer to By-law Enforcement Officer Report No. MLEO 20-12, and staff to reply to Ms. McKinnon

8. Ron Coughlin and Mary Barr- Moore Street issues and requests Refer to By-law Enforcement Officer Report No. MLEO 20-12, and staff to reply to Mr. Coughlin and Ms. Barr

9. Alison Knight- Concerns and suggestions for Moore Street- Refer to By-law Enforcement Officer Report No. MLEO 20-12, and staff to reply to Ms. Knight 

10. Greg Wilson, Ontario Parks- Please accept this letter as support for the Municipality of Northern Bruce Peninsula to install no parking signs and enforce no parking on Moore Street- Refer to By-law Enforcement Officer Report No. MLEO 20-12, and staff to reply to Mr. Wilson

11. John Grandy, Peninsula Bruce Trail Club- No objection to parking restrictions on Moore Street- Refer to By-law Enforcement Officer Report No. MLEO 20-12, staff to reply to Mr. Grandy

12. Ron Knight and residents on Hawthorne Drive- Request for garbage collection on Hawthorne Drive- Public Works to investigate and reply 

13. Niagara Escarpment Commission- Staff Report- Recommendation of Hearing Officer- Proposed NEC Amendment PB 208 15- Noted and filed

14. Grey Bruce Public Health Media Release- Wearing of face coverings in certain indoor public spaces- Noted and filed

15. Grey Bruce Public Health Media Release- Medical Officer of Health Order- Face Coverings in Indoor Public Spaces in Grey Bruce- Noted and filed

16. Grey Bruce Public Health Media Release- Fake COVID-19 Face Mask Medical Exemption Card- Noted and filed

17. Grey Bruce Public Health Media Release- International Visitor Failed to Self-Quarantine- Noted and filed

18. Grey Bruce Public Health Media Release- Opioid Overdose Alert- Noted and filed

19. AMO President- Thank you for your resolutions with preferred timing for transition of your Blue Box Program- Noted and filed

20. The County of Bruce Media Release- 11 Bruce County tourism businesses selected to receive Special Edition Spark grants and mentorships- Noted and filed

21. Ministry of Natural Resources and Forestry- Community Toolkit- Fire Prevention- Noted and filed

22. The County of Bruce- Household Hazardous Waste Collection Program 2020 Event Schedule- Noted and filed, advertised on the Municipal website 

Moved by L. Golden Resolution #30-12-2020 Seconded by D. Myles 

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

READING OF BY-LAWS

Moved by D. Myles Resolution #30-13-2020 Seconded by J. Mielhausen

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

2020-68 BEING A BY-LAW TO DEEM REGISTERED PLAN LOTS NOT TO BE REGISTERED (LOTS 67 AND 68, PLAN 509, 16 CARDINAL CRESCENT) MUNICIPALITY OF NORTHERN BRUCE PENINSULA

2020-56 BEING A BY-LAW TO ADOPT AMENDMENT NO. L-2020-007 TO THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA OFFICIAL PLAN FOR 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

2020-72 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA HELD MONDAY, JULY 27, 2020. Carried

CLOSED SESSION

Moved by L. Golden Resolution #30-14-2020 Seconded by J. Mielhausen

THAT Council move into closed meeting pursuant at 2:13 p.m. 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, and d) labour relations or employee negotiations (Performance Review Interim for the Chief Administrative Officer and Municipal Clerk Recruitment Update), and f) advice that is subject to solicitor-client privilege including communications necessary for that purpose (Georgian Drive). Carried

RECONVENE FROM “CLOSED SESSION” TO RESUME COUNCIL MEETING

Moved by L. Golden Resolution #30-15-2020 Seconded by J. Mielhausen

THAT Council reconvenes from Closed Session at 4:03 p.m. and resumes the Council meeting. Carried

The Mayor advised that the Municipal Solicitor had provided a verbal update on a Georgian Drive litigation matter, the CAO provided a verbal update on the Clerk Recruitment matter, and a verbal update was provided for the Chief Administrative Officer interim performance review during this session. 

ADJOURNMENT 

Moved by L. Golden Resolution #30-16-2020 Seconded by M. Myles

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