Municipality of Northern Bruce Peninsula Council Meeting Minutes October 13, 2020

93

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, Clerk, Tessa Swanton, Deputy Clerk, Troy Cameron, Public Works Manager, Ryan Deska, Community Services Manager, Teresa Shearer, Treasurer, Carol Hopkins, Bylaw Enforcement Officer 

OTHERS PRESENT: Nil

NOTE: Members of Council and Staff 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 1:00 p.m. 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 with respect to Agenda Item #13 as “I am declaring pecuniary interest on item #13 (STAs) because I own/operate a tourist accommodation in the Municipality (B&B/hostel)”. 

Councillor Mielhausen declared a conflict of interest with respect to Agenda Item #13, “I am declaring pecuniary interest on item #13 because I am affiliated with a business in rentals”. 

APPROVAL OF THE AGENDA

Cathy Addison, Clerk, advised that there is an amendment to the Agenda. Mr. Don Scott and Mrs. Shelia Hunter send their regrets as they are unable to attend the meeting today. The delegation will be rescheduled to a later date. 

Moved by L. Golden Resolution #38-01-2020 Seconded D. Myles

THAT the content of the agenda be approved, as amended. 

Carried

ADOPTION OF THE MINUTES

Deputy Mayor Myles requested that on page 6, paragraph 3 under Agenda Item #8, the phrase “and referred to a past engineer’s report” be amended to read “and referred to an engineer’s report”. 

Deputy Mayor Myles requested further detail relating to Agenda Item #8, Lion’s Head Harbour Policy Update – Maximum Hull Length. The Clerk referenced Section 84 of the Procedural By-law No. 2020-79: “The Clerk shall record the following: d) all resolutions, decisions and other proceedings of the meeting, without note or comment whether it is closed to the public or not”. The CAO commented that Clerks are trained to record motions and approvals in minutes and further that the audio-visual upgrades to the council chamber should be completed by year end, which will allow for audio-visual recordings of meetings for further public information. 

RE: Council Meeting No. 20-37, September 28, 2020

Moved by J. Mielhausen Resolution #38-02-2020 Seconded by M. Myles 

THAT the minutes of Council Meeting No. 20-37, September 28, 2020 be approved, as amended. 

Carried

PUBLIC MEETING

There is no Public Meeting for Council Meeting No. 20-38, October 13, 2020.

DELEGATION

There was no Delegation for Council Meeting No. 20-38, October 13, 2020. 

CONSIDERATION OF AGENDA ITEMS

1. Public Works Manager Report No. PW 20-45

RE: Speed Limit By-law

Councillor Golden commented that the by-law update is very timely as she has received requests for speed limit reductions in various areas. She questioned if the Ontario Provincial Police (OPP) are notified of changes to municipal speed limits and noted the need for additional OPP enforcement on municipal roads.

Troy Cameron, Public Works Manager, indicated that the OPP will be notified of speed limit changes and speed limits come into effect once signage is posted.

Councillor Myles questioned the process and rationale for speed limit changes and recommended that some roads in proximity be consistent in their speed limits, such as in downtown Lion’s Head.

Troy Cameron advised that most requests are from cottage areas and his rationale is based on personal knowledge, requests, pedestrian traffic, proximity to water, road width and existence of proper sidewalks. He noted that a policy can be drafted including criteria for speed limits.

Troy Cameron mentioned that the three (3) new traffic speed signs record valuable data and have demonstrated that speeding is not the trend on some roads. He said that the new speed limit signs will be installed from now until spring of 2021 as winter is approaching. 

Moved by L. Golden Resolution #38-03-2020 Seconded by M. Myles

THAT Council supports passage of By-law 2020-89, being a by-law to prescribe the maximum rate of speed for motor vehicles driven on any highway or portion of a highway under the jurisdiction of the Municipality of Northern Bruce Peninsula, at its regular meeting of November 9, 2020.

Carried

2. Public Works Manager Report No. PW 20-47

RE: Lion’s Head Drinking Water System Financial Plan # 250-301, 2020-2026

Troy Cameron stated that a financial plan is a requirement when renewing a licence and the water rate has not increased since 2008. He noted that the Municipality is halfway through paying off a 1.5-million-dollar loan with a 4.84% interest rate. The Treasurer was directed to investigate if the loan can be paid off anytime.

Councillor Myles stated that the water system needs more water hookups to make the system financially viable. She mentioned that high water levels are presenting issues with shore wells and more seasonal cottages are being used as year-round residences. Councillor Myles suggested a flexible hookup policy and noted that the approaching Isthmus Bay Road reconstruction project poses an opportunity for more water hookups.

Troy Cameron commented that the system has few users, therefore increasing the water rate a significant amount would cause financial strain on the users. Mayor McIver agreed that the water rate needs to remain as low as possible.

Troy Cameron informed that the Ontario Clean Water Agency (OCWA) is currently working on developing a Master Servicing Plan for both water and sewer that will be an asset. 

Moved by M. Myles Resolution #38-04-2020 Seconded by J. Mielhausen

THAT Council approves the Lion’s Head Drinking Water System Financial Plan #250-301, 2021-2026;

AND THAT Council approves the recommendation of a water rate increase of 2% on both the flat and metered rates from 2021 onward.

Carried

3. Public Works Manager Report No. PW 20-48

RE: Heron Point Road Bridge

Troy Cameron confirmed that an archaeological assessment would likely be a requirement for both Options 1 and 2 based on the river system and closeness to water. The study is to be completed before the ground freezes with a public meeting planned for the spring of 2021.

Moved by D. Myles Resolution #38-05-2020 Seconded by L. Golden

THAT Council chooses Option 1, C1.1, as its preferred option for the location of the Heron Point Road, while also providing authorization to WSP to proceed with a survey based on this option;

AND THAT Council further authorizes WSP to proceed with the Stage 2 archaeological assessment report, to fulfil the requirements to complete a Municipal Class Environmental Assessment, at a cost of $25,725.00, excluding HST.

Carried

4. Community Services Manager Report No. CS 20-49

RE: Release and Waiver of Liability, Assumption of Risk and Indemnity for MNBP Facilities

Ryan Deska, Community Services Manager, advised that the legal team and insurance companies assisted with the documents.

Moved by J. Mielhausen Resolution #37-06-2020 Seconded by M. Myles

THAT Council receives report CS 20-49 Release and Waiver of Liability, Assumption of Risk and Indemnity for MNBP Facilities.

AND THAT Council approve the Group Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement.

Carried

5. Community Services Manager Report No. CS 20-50

RE: Terms of Reference – Tourism Advisory Board

Councillor Golden commented that the Tourism Advisory Board is not a committee of council.

Ryan Deska said that the committee is a great opportunity to build relationships with the Saugeen Ojibway Nation (SON) and Bruce County.

Councillor Golden recommended that a commercial business perspective be included in the committee, such as the Tobermory and District Chamber of Commerce.

Mayor McIver noted that the Bruce Trail should be included in the committee.

Regarding frequency of meetings, Ryan Deska said that the Terms of Reference states that the meetings will be held quarterly, or at the discretion of the chair. He stated that more frequent meetings would be favoured.

Moved by M. Myles Resolution #38-07-2020 Seconded by J. Mielhausen

THAT Council accept as information and provide comment on the Draft Terms of Reference for the Tourism Advisory Board.

Carried 

6. Treasurer Report No. TR 20-21

RE: OPP Annual Billing Statement

Peggy Van Mierlo-West, CAO, indicated that a different OPP billing model may be underway that would eliminate the “per household cost”. 

Councillor Myles said that being charged per household is expensive in Northern Bruce Peninsula (NBP) as there are many seasonal properties. She questioned if Council is satisfied with the current level of OPP presence in NBP.

Councillor Golden commented on the lack of OPP presence on municipal roads. 

Mayor McIver suggested that the CAO bring back a report regarding additional information on the new OPP billing model. 

Moved by D. Myles Resolution #38-08-2020 Seconded by L. Golden

That Council receives Treasurer’s Report TR20-21 as information regarding the 2021 OPP Annual Billing Statement.

Carried

7. Treasurer Report No. TR 20-22

RE: Provincial Funding for COVID-19 Costs

Moved by J. Mielhausen Resolution #38-09-2020 Seconded by L. Golden

THAT Council receives Treasurer’s Report TR20-22 as information regarding Phase 2 of the federal-provincial Safe Restart Agreement.

Carried

8. Treasurer Report No. TR 20-23

RE: 2020 Municipal Funding Policy

Councillor Myles suggested removing the $2,000.00 funding cap for funding applications but requesting that groups provide financial reports and indicate how they are measuring the success of their initiative. She asked that the application be made available on the municipal website and that groups be informed of when they can expect to receive the funds. Councillor Myles stated that there are options to improve the process and said that there are other ways the Municipality can assist other than financially, such as assist with administrative work, recruiting board members and best practices. She also discussed in what cases a presentation is necessary. 

The CAO confirmed that groups should be notified regarding funding approvals by the end of January 2021. 

Mayor McIver and Councillor Golden recommended that the process remains the same as it seems to be working well. 

Moved by D Myles Resolution #38-10-2020 Seconded by M. Myles

THAT Council receives Treasurer’s Report TR20-23 as information regarding an updated Municipal Funding Policy; and

THAT By-law 2020-93, being a by-law to adopt a Municipal Funding Policy, be presented and considered for passage on October 26, 2020.

Carried

9. Clerk Report No. C 20-44

RE: COVID-19 Updates

Moved by L. Golden Resolution #38-11-2020 Seconded by D. Myles

THAT Council receives Clerk Report C 20-44 as information with respect to the Covid-19 updates.

Carried 

10. Clerk Report No. C 20-45

RE: Rescheduling 2021 Regular Council Meetings

Moved by J. Mielhausen Resolution #38-12-2020 Seconded by D. Myles

THAT Council approves the rescheduling of specific regular Council meetings for 2021 as follows:

Monday, May 24 rescheduled to Tuesday, May 25 (Victoria Day)

Monday, October 11 rescheduled to Tuesday, October 12 (Thanksgiving)

Monday, December 27 rescheduled to Monday, December 20 (Christmas holiday-related)

Carried

11. Chief Administrative Officer Report No. CAO 20-42

RE: Parkland Dedication, Development Charges and Community Benefits Authority

Peggy Van Mierlo-West said that development charges would be a benefit to the Municipality as significant residential growth is being experienced. She noted that 60-70% of municipalities enforce development charges, and it is an effective means of paying for the cost of infrastructure that is required because of new development, such as community centres, arenas, and roads. 

The CAO stated that the Municipality should be prepared if a hotel development is proposed in the area. She recommended a study be conducted on development charges to determine if they would be a good option for NBP. 

Councillor Myles requested further information on development charges and community benefits. She questioned if the charges would apply to subdivisions and residential/cottage builds.

The CAO confirmed that development charges apply to larger developments and that a consultant could assist in determining the feasibility of these fees. 

Peggy Van Mierlo-West was instructed to provide additional information regarding a development charges study in November for Council’s review prior to 2021 budget considerations.

Moved by L. Golden Resolution #38-13-2020 Seconded by D. Myles

THAT Council receive the report titled Parkland Dedication, Development Charges and Community Benefits Authority, and;

THAT the discussion regarding a proposed Development Charge Study and a Community Benefit Charge Study be brought forward during the 2021 Budget discussions.

Carried

12. Chief Administrative Officer Report No. CAO 20-44

RE: Retirement and Recruitment of the Fire Chief

Mayor McIver and Councillor Golden stated that the Fire Chief will be greatly missed. 

Councillor Myles inquired if the Fire Chief position could take on the Emergency Management Coordinator role as they may be busy during an emergency. The CAO clarified that the Fire Chief will always be inside the Emergency Operations Centre during an emergency, rather than on site.

A brief discussion ensued regarding the format of the hiring committee.

Moved by J. Mielhausen Resolution #38-14-2020 Seconded by M. Myles

THAT, Council receive the report titled Retirement and Recruitment of Fire Chief, AND;

THAT, Council approve the recruitment process for the Fire Chief – CEMC.

Carried

Having declared a conflict of interest, Councillor Myles and James Mielhausen refrained from participating in the following portion of the meeting.

13. Chief Administrative Officer Report No. CAO 20-45

RE: Short Term Accommodation

Councillor Golden expressed concern with the removal of the classification system and $3,000.00 registration fee for all STAs including a $1,500.00 annual licencing fee. She said that this regulation will force small STA operators underground. She suggested that the initial Class A remain with a licencing fee of $500.00 or less. Councillor Golden said that small cottages are not causing issues. She continued to state that Class B would accompany a $1,000.00 registration fee and $500.00 annual licencing fee and Class C a $1,500 registration fee and $750.00 licencing fee. Councillor Golden proposed that no new Class C STAs be permitted except for when located in commercially zoned areas. 

Peggy Van Mierlo-West said that the classification system was removed as it would be impossible for staff to manage. She noted that the original licencing fee is to offset staff costs associated with creating files, conducting inspections, record keeping, etc. She advised that a gradual implementation approach is an option.

Councillor Myles exited the council chamber at 2:32 p.m.

Mayor McIver requested that a Special Council Meeting be arranged for some time in November regarding STAs and the Strategic Plan.

The CAO clarified that Council is only approving the licencing of STAs, not the attached report.

Moved by D. Myles Resolution #38-15-2020 Seconded by L. Golden

THAT, Council receive the report titled Short Term Accommodation, AND;

THAT, Council approve moving forward with licensing of Short Term Accommodations.

Carried

Councillor Myles returned to the council chamber at 2:36 p.m. 

14. Chief Administrative Officer Report No. CAO 20-46

RE: Strategic Plan Update and Next Steps

Councillor Myles requested that the comments section of the Strategic Plan survey be complied, and community working groups be developed for further discussion. She also asked that the new strategic priorities be included in relevant documents.

Regarding trends presented from the survey, Peggy Van Mierlo-West said that improving community liveability would include determining what full-time residents need, such as affordable housing. She stated that additional information can come from the staff/Council workshop and discussion with community groups. The CAO noted that meetings with community groups and the new Tourism Advisory Board can be held online via Zoom.

Councillor Myles suggested that rather than creating an online map for the submission of community safety problem areas, that the public be directed to the “report a problem” section on the website. 

The CAO requested an extension on the Strategic Plan project until the end of December to complete meetings with community groups.

Moved by J. Mielhausen Resolution #38-16-2020 Seconded by D. Myles

THAT, Council receive the report titled Strategic Plan Update and Next Steps, AND;

THAT, Council approve the amended project and update public engagement plan.

Carried

15. Chief Administrative Officer Report No. CAO 20-47

RE: Q-3 Report

Councillor Myles recommended that an “outlook/projections” column be added to the Capital Project Tracker spreadsheet. 

Peggy Van Mierlo-West advised that administration will be completing a reserve contribution report indicating projects that will not be completed by the end of the quarter.

Moved by L. Golden Resolution #38-17-2020 Seconded by D. Myles

THAT, Council receives the report titled Q-3 Report.

Carried

16. Chief Administrative Officer Report No. CAO 20-48

RE: Northern Bruce Peninsula Community Support Advisory Action Committee – Council on Aging Grey Bruce

Council discussed the need for the CAO to attend all meeting as a liaison and suggested that meeting attendance be optional. 

Moved by M. Myles Resolution #38-18-2020 Seconded by J. Mielhausen

THAT Council receive the report titled Northern Bruce Peninsula Community Support Advisory Action Committee.

THAT Council support; 

1. Waiving rental fees at municipal building on the second Wednesday of the month 

2. Support an application to the GB Community Foundation for projector, laptop and screen for meetings. 

3. Approve the representative liaison as the Chief Administrative Officer.

Carried

17. Resolution- City of St. Catherines

RE: Development Approval Requirements for Landfills- Bill 197

Moved by L. Golden Resolution #38-19-2020 Seconded by M. Myles 

THAT Council receives the attached resolution, as information.

Carried

18. Resolution- Township of Asphodel-Norwood

RE: Cannabis Production

Moved by J. Mielhausen Resolution #38-20-2020 Seconded by L. Golden

THAT Council supports a resolution from the Township of Asphodel-Norwood regarding cannabis production. 

Carried

19. Accounts Payable Voucher

RE: September 2020

Councillor Golden requested information from the Tobermory and District Chamber of Commerce relating to $20,000 that was allocated to the group during months in which the Information Centre was not operational. 

Other items that were discussed included security, septic pump outs and the fuel lock system. 

Moved by J. Mielhausen Resolution #38-21-2020 Seconded by D. Myles

THAT Council receives approved Accounts Payable Voucher, September 2020, in the amount of $3,553,423.74.

Carried

OTHER BUSINESS

Councillor Golden suggested a staff report with respect to Carter Road’s public/fire access. She questioned if the implications of installing a gate on the access could be considered. She commented that she is still receiving complaints regarding the area.

Councillor Myles suggested that a policy of guiding principles for making decisions on public/fire accesses be prepared.

Carol Hopkins, Bylaw Enforcement Officer, informed that bylaw officers visit the Carter Road access approximately 3-4 times each shift. She said gating off the access would cause issues and direct parking onto the roadway. Mayor McIver suggested that staff continue to monitor the area. 

CORRESPONDENCE

1. Grant and Karen Murray- Proposal to make McNeil Street and Bruin Street a pedestrian only road- Staff to respond and note that the request is unrealistic due to the roads being the primary access to the Lion’s Head Marina

2. Rob Davis, St. Edmunds Bruce Peninsula Museum- Concerns with the Norgoma being brought to Tobermory- Noted and filed 

3. Sheryl Roberts, Lion’s Head Skating Club- Request for a financial donation from the Municipality and a reduction in ice time fees- Staff to reply and direct the group to participate in the Community Funding Grants process 

4. Heather Hanson, Traffic Supervisor West Region- Replacement and Installation of No Parking Signs- Noted and filed

5. Elizabeth Thorn, Bruce Peninsula Biosphere Association- Request for a letter of support indicating a willingness to work with the BPBA in the development of our community’s action plan

Moved by D. Myles Resolution #38-22-2020 Seconded by J. Mielhausen

THAT Council submits a letter of support indicating a willingness to work with the BPBA in the development of their community’s action plan. 

Carried 

6. The Royal Canadian Legion- Legion Conducted Remembrance Ceremonies- November 11, 2020- Noted and filed

7. Grey Sauble Conservation Authority- Minutes- August 26, 2020- Noted and filed

8. Grey Bruce Public Health Media Release- COVID-19 Community Clusters- Noted and filed

9. Public Health Grey Bruce Media Release- Addressing COVID-19 Assessment Centre Capacity- Noted and filed

10. Public Health Grey Bruce Media Release- Mandatory Face Covering in Indoor Public Places- Noted and filed

11. County of Bruce- COVID-19 Tourism Response Fund- Noted and filed

12. Nina Bifolchi, Mayor of the Town of Wasaga Beach- Recent Car Rally- Noted and filed

13. Solicitor General- Anti-racism Initiatives- Noted and filed

THAT the correspondence items #1-4 and #6-13 be received for information, as printed and circulated.

Moved by D. Myles Resolution #38-23-2020 Seconded by L. Golden

Carried

READING OF BY-LAWS

Moved by J. Mielhausen Resolution #38-24-2020 Seconded by M. Myles

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

2020-54 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 UNIT 1, PLAN D7, PART 1, PLAN 3R-9648 – UNNUMBERED HAYES DRIVE)

2020-86 BEING A BY-LAW TO APPOINT HAROLD G. ELSTON AS THE INTEGRITY COMMISSIONER FOR THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA

2020-94 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA HELD TUESDAY, OCTOBER 13, 2020

Carried

CLOSED SESSION

Mayor McIver advised that Council was moving into Closed Session for the following reasons: b) personal matters about an identifiable individual including Municipal or local board members, and d) labour relations or employee negotiations (Performance Review for six (6) months – Chief Administrative Office), and f) advice that is subject to solicitor-client privilege including communications necessary for that purpose (Update on Municipal Legal matters).

Moved by L. Golden Resolution #38-25-2020 Seconded by J. Mielhausen

THAT Council move into closed meeting at 3:21 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, and d) labour relations or employee negotiations (Performance Review for six (6) months – Chief Administrative Office), and f) advice that is subject to solicitor-client privilege including communications necessary for that purpose (Update on Municipal Legal matters).

Carried 

RECONVENE FROM “CLOSED SESSION” TO RESUME COUNCIL MEETING

Moved by J. Mielhausen Resolution #38-26-2020 Seconded by D. Myles

THAT Council reconvene from “Closed Session” at 4:53 p.m. and resume the Council meeting.

Carried

The Mayor advised that the Municipal Solicitor had provided an update on municipal legal matters and a performance review at the six (6) month period was conducted and discussed for the CAO.

ADJOURNMENT 

Moved by L. Golden Resolution #38-27-2020 Seconded by M. Myles

THAT the meeting adjourns at 4:53 p.m.

Carried