Municipality Of Northern Bruce Peninsula Council Meeting Minutes November 9, 2020

109

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, Teresa Shearer, Treasurer, Ryan Deska, Community Services Manager 

OTHERS PRESENT: Jack Van Dorp, Bruce County Planning, Shelia Hunter, Tim Matheson

NOTE: Some 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 1:02 p.m. Council members were reminded to disclose any pecuniary interest and the general nature thereof that may arise during the meeting.

Councillor Golden declared a conflict of interest with respect to Delegation #1 as “I am a Committee member of the Niagara Escarpment Committee (NEC)”. 

Councillor Myles declared a conflict of interest with respect to Public Meeting and Agenda Item #10 as “I own adjacent to 6 and 8 Mill Street”; Agenda Item #2 “because my father is an employee of one of the bidding contractors”; and Agenda Item #14 “because I own/operate a tourism accommodation (hostel/B&B) in the Municipality”. 

Councillor Mielhausen declared a conflict of interest with respect to Agenda Item #14 “because I am affiliated with a business in rentals”. 

APPROVAL OF THE AGENDA

Moved by L. Golden Resolution #42-01-2020 Seconded J. Mielhausen

THAT the content of the agenda be approved as printed. 

Carried

ADOPTION OF THE MINUTES

RE: Special Council Meeting No. 20-39, October 26, 2020 and Council Meeting No. 20-40, October 26, 2020

Moved by D. Myles Resolution #42-02-2020 Seconded by M. Myles 

THAT the minutes of Special Council Meeting No. 20-39, October 26, 2020 and Council Meeting No. 20-40, October 26, 2020 be approved as printed and circulated.

Carried

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

PUBLIC MEETING

1. Public Meeting Notice

RE: Local Official Plan Amendment- L-2020-016

Zoning By-law Amendment- Z-2020-063

Rusk c/o Boddy

6 and 8 Mill Street

Mayor McIver introduced Jack Van Dorp, Planner for Bruce County Planning. Jack Van Dorp stated that there is an opportunity at today’s meeting for the public to provide comments on the subject Local Official Plan and Zoning By-law Amendments. He informed the public that if they wish to receive a notification of the decision, to express such in an emailed addressed to bcplwi@brucecounty.on.ca .

He proceeded to provide a summary of the planning report. The planner indicated that properties described as 6 and 8 Mill Street have merged on title and the property owner wishes to sell the properties separately. He noted that the lots are undersized in accordance with the current operational policies. 

Ian Boddy, the agent for the application, noted his presence at the meeting via Zoom. 

There were no comments/questions from Council relating to Local Official Plan Amendment- L-2020-016 and Zoning By-law Amendment- Z-2020-063.

Moved by J. Mielhausen Resolution #42-03-2020 Seconded by L. Golden

That Council adopt Official Plan Amendment Number L-2020-016 (Option 1) by Rusk c/o Boddy and that the necessary by-law be forwarded to County Council for approval.

That Council approve Zoning By-law Amendment Z-2020-063 by Rusk c/o Boddy as attached and the necessary by-law be forwarded to Council for adoption.

Carried 

Councillor Myles resumed participation in the meeting at this time.

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

DELEGATION

Delegation #1- Shelia Hunter

RE: Request for a letter of support from Council regarding Lots 21 and 22, Plan 3M117 (Troy Hunter, House Encroachment Issue)

Shelia Hunter appeared before Council requesting a letter of support regarding Lots 21 and 22, Plan 3M117 pertaining to an encroachment issue. She provided a detailed overview of the situation. Points addressed by Shelia Hunter included that the Ontario Native Affairs Secretariat confirmed that Lots 21 and 22 would remain in the Hunter family; Troy Hunter was granted a Development Permit from the Niagara Escarpment Commission (NEC) and a Building Permit from the Municipality for the construction of a dwelling and installation of a sewage system and driveway entrance; and following development/permit approvals it was realized that the dwelling was not entirely located on Lot 21. 

Shelia Hunter explained that Ontario Heritage Trust (OHT) had a survey completed of the property that indicated that a portion of the dwelling, driveway entrance and shore well was located on Lot 20. She noted that OHT proceeded to express their concerns to the NEC, therefore the NEC contacted the Hunter’s and requested that lot 20 be restored back to its original state. The restoration must take place prior to OHT granting a time limited easement and the NEC approving a Development Permit approving the current location of the dwelling. 

Shelia Hunter stated that OHT presented the Hunters with an offer to grant the easement under the condition that the Hunters provide a first right of refusal to a future conveyance (allowing OHT to acquire Lot 21 someday). She advised that they refused the offer posed by OHT and have listed their own proposals as follows: purchase Lot 2 or conduct a land exchange of undisturbed woodland on Lot 21 for disturbed land on Lot 20 (two options available regarding land area to be exchanged). Shelia Hunter informed that the Hunters proposals were rejected by OHT.

Shelia Hunter requested that the Municipality of Northern Bruce Peninsula prepare a letter addressed to the NEC asking that they present a reasonable solution to the encroachment issue, specifically the land exchange option. 

Mayor McIver stated that Shelia Hunter proposed a reasonable settlement offer and OHT and NEC should consider the offer to negotiate and resolve the issue. 

Following Council discussion, Shelia asked that Council’s letter(s) of support be provided prior to her meeting next Friday. 

Staff were directed to prepare a letter of support for Shelia Hunter with respect to a negotiated reasonable settlement for the encroachment issue.

Councillor Golden resumed participation in the meeting at this time.

Delegation #2- Parking and Transit Corporation, Tim Matheson

RE: Request for support in negotiating a parking partnership with the Municipality to conduct business as a parking and shuttle bus service in the Lion’s Head area

Tim Matheson appeared before Council proposing to explore a private partnership opportunity between himself and the Municipality. He described the parking issues in the Lion’s Head Area and noted that most cars parking near trail entrances are tourists who are generally not contributing to the local economy. He said that there is a better way for tourists to have a more robust experience.

Tim Matheson stated that traffic is overwhelming, the Municipality has vacant parking areas that are not monitored, visitors to Lion’s Head are underserviced in terms of parking and transportation, there are limited ways for seniors and persons with disabilities to venture outside of the village, and it is important to employ locals. Following the above points, Tim Matheson proposed that the Municipality enter into an agreement to park cars in designated parking lots when they are not in-use for pre-arranged purposes and to operate a shuttle service to and from local places of interest, businesses and hiking trails. He explained that this service would limit the traffic burden on the community while educating visitors with the help of a well-trained employee being located at the parking area welcoming the visitors, collecting payment, and giving general information.

Tim Matheson referred to his business, Camp Celtic, that has a long history of ethical practices.

He noted that the shuttle service would have defined routes and times (mostly around the village of Lion’s Head), he is prepared to purchase two (2) buses and the proposal should operate for about 2-3 years to produce actual results for analysis. 

Considerable Council discussion ensued with respect to the business proposal.

It was noted that a Request for Proposal (RFP) process would be required prior to entering into an agreement and the proposal can be discussed at a Municipal Management Meeting and at a Tourism Advisory Board meeting. 

CONSIDERATION OF AGENDA ITEMS

1. Public Works Manager Report No. PW 20-50

RE: Tobermory Snowmobile Club Request for Use of Unopened Road Allowance

Moved by D. Myles Resolution #42-04-2020 Seconded by L. Golden

THAT Council approves a request from the Tobermory Snowmobile Club to relocate two small sections of the snowmobile trail to the unopened road allowance located north of Little Cove Road.

Carried

2. Public Works Manager Report No. PW 20-51

RE: Swan Lake Municipal Drain Ditch Bottom Cleanout – Main Drain and Branch K

Moved by J. Mielhausen Resolution #42-05-2020 Seconded by D. Myles 

THAT Council award the Swan Lake Municipal Drain Ditch Bottom Cleanout – Main Drain and Branch K Tender to Rydall Contracting for the amount of $10,668.75, excluding HST and contingency.

Carried

3. Public Works Manager Report No. PW 20-52

RE: Encroachment Permit Applications

Applicant: Jason Mair

For access to property legally described as Con 2 WBR Pt Lot 26, Assessment Roll No. 41-09-660-001-07500-0000

Applicant: Susan Edmonstone

For access to property legally described as Con 1 WBR Pt Lot 44 & 45, Assessment Roll No. 41-09-680-003-02400-0000

The CAO confirmed that the draft agreement was reviewed by the Municipality’s legal counsel.

Moved by L. Golden Resolution #42-06-2020 Seconded by J. Mielhausen

THAT Council approves the Encroachment Permit Applications submitted by:

Applicant: Jason Mair

For access to property legally described as Con 2 WBR Pt Lot 26, Assessment Roll No. 41-09-660-001-07500-0000

Applicant: Susan Edmonstone

For access to property legally described as Con 1 WBR Pt Lot 44 & 45, Assessment Roll No. 41-09-680-003-02400-0000

AND THAT Council requires that both applicants are required to enter into an agreement with the Municipality of Northern Bruce Peninsula for said encroachments.

Carried

4. Public Works Manager Report No. PW 20-53

RE: Request for Proposal PW 2020-02, GPS/AVL System

The Public Works Manager confirmed that the GPS/AVL system cost is $20.00-$25.00 per month per unit and if the system is also recording data then the cost is approximately $30.00-$35.00 per month per unit.

Moved by J. Mielhausen Resolution #42-07-2020 Seconded by L. Golden

THAT Council awards Request for Proposal PW 2020-02, GPS/AVL System to Air Automotive Tracking Inc. for a cost of $18,249.50, excluding HST, plus a monthly per device, also excluding HST, for a five-year term.

Carried

5. Chief Building Official Report No. BD 20-29

RE: No Demand for Services Site Plan Control Agreement

Owner: Elli Charles Levene

Part Lot 6, Concession 13 EBR Eastnor Parts 8 and 9 Plan 3R143, 

T/W R321551, S/T interest in R321551, T/W R321552; Northern Bruce Peninsula 137 Georgian Drive, Assessment Roll No. 4109 620 009 11709 (PIN): 33122-0429 (LT) 

Moved by M. Myles Resolution #42-08-2020 Seconded by J. Mielhausen

THAT Council approves the negotiation and registration of a No Demand for Services Site Plan Control Agreement requested by Elli Charles Levene, owner of the property legally described as Part Lot 6, Concession 13 EBR Eastnor Parts 8 and 9 Plan 3R143, T/W R321551, S/T interest in R321551, T/W R321552; Northern Bruce Peninsula and located at 137 Georgian Drive, Municipality of Northern Bruce Peninsula.

Carried 

6. Chief Building Official Report No. BD 20-30

RE: Temporary Placement of a Shipping Container at the Golden Dawn Senior Citizens Home

80 Main Street, D5 Unit 21 Section D-5 PCL 21-1, Northern Bruce Peninsula, Assessment Roll No. 4109 640 001 08200 

Moved by L. Golden Resolution #42-09-2020 Seconded by D. Myles 

THAT Council approves the temporary placement of the shipping container located at the Golden Dawn Senior Citizens Home, on 80 Main Street, known as D5 Unit 21 Section D-5 PCL 21-1, Municipality of Northern Bruce Peninsula for a period of one (1) year from the date of the approval.

Carried

7. Bylaw Enforcement Officer Report No. MLEO 20-14

RE: Paid Parking in Lion’s Head

Council discussion included the distance between parking metre machines, parking metre fees, a parking strategy, consultation with downtown businesses, parking being free for a certain amount of time, insufficient space for parking on side roads, and visitors staying at key attractions all day without paying for parking.

The CAO confirmed that some of the Tourism Advisory Board’s reports will be brought back to Council for information and the Tourism Advisory Board can make comments on paid parking in Lion’s Head and assist the Municipality in consulting with local businesses. 

Moved by M. Myles Resolution #42-10-2020 Seconded by J. Mielhausen

THAT Council receives the report titled Paid Parking in Lion’s Head, AND;

THAT this report is forwarded to the Tourism Advisory Board for review and discussion.

Carried

8. Treasurer Report No. TR 20-25

RE: 2021 OMPF Allocation Notice

Moved by L. Golden Resolution #42-11-2020 Seconded by D. Myles 

That Council receives Treasurer’s Report TR20-25 as information regarding the Ontario Municipal Partnership Fund (OMPF) allocation for 2021 in the amount of $1,556,800.

Carried

9. Treasurer Report No. TR 20-26

RE: 2021 Budget Timetable

Moved by J. Mielhausen Resolution #42-12-2020 Seconded by M. Myles 

That Council receives Treasurer’s Report TR20-26 as information regarding preparation of the 2021 Budget and approves the proposed timetable.

Carried

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

10. Clerk Report No. C 20-47

RE: Owner/Applicants: William John Rusk and Mary Lynne Rusk

Agent: Ian C. Boddy

Area: D6 Unit 60 SEC D6 PCL 60-1, D6 Unit 59 Section D- 6 PCL:50-1, Address: 6 Mill Street – 8 Mill Street, Lion’s Head

File Nos. B-2020-087 (Consent)

Related File Nos.: NBPOPA L-2020-016 (Local Official Plan)

Z-2020-063 (Zoning By-law Amendment)

Moved by J. Mielhausen Resolution #42-13-2020 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 agent, Ian C. Boddy, on behalf of the applicants, William John and Mary Lynne Rusk., for properties legally described as D6 Unit 60 SEC D6 PCL 60-1, D6 Unit 59 Section D-6PCL:50-, (Lion’s Head) known locally as 6 Mill Street and 8 Mill Street, respectively, Municipality of Northern Bruce Peninsula. It is the intention of the application to sever 6 Miller Street and 8 Mill Street which are two developed lots that have merged on title. In order to facilitate the consent applications, 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 (i.e. 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-2020-063 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-2020-16 is in force and effect.

Carried

Councillor Myles resumed participation in the meeting at this time.

11. Clerk Report No. C 20-49

RE: Emergency Management Compliance 2020

Moved by L. Golden Resolution #42-14-2020 Seconded by J. Mielhausen

THAT Council receives Clerk Report C 20-49 as information with respect to the Emergency Management and Civil Protection Act, R.S.O. 1990 and Ontario Regulation 380/04 – 2020 completion of necessary requirements, as information.

Carried

12. Clerk Report No. 20-50

RE: Community Safety Well-Being Plan

Moved by M. Myles Resolution #42-15-2020 Seconded by D. Myles 

THAT Council receives Clerk Report C 20-50 as information, with respect to the updates on the Community Safety Well-Being Plan.

Carried

13. Clerk Report No. C 20-51

RE: Bill 218 – Support Ontario’s Recovery and Municipal Elections Act, 2020

Cathy Addison, Clerk, informed that a decision with respect to voting methods must be made and a corresponding by-law passed by May 1, 2021 at the latest; however, if Bill 218 is passed, then the deadline is extended to May 1, 2022. She indicated that she will be preparing a report for Council’s information regarding pros and cons associated with voting methods. 

Moved by M. Myles Resolution #42-16-2020 Seconded by J. Mielhausen

THAT Council receives Clerk Report C 20-51 as information, with respect to the updates Bill 218: Supporting Ontario Recovery and Municipal Elections Act, 2020.

Carried

Having declared conflicts of interest, Councillors Myles and Mielhausen did not participate in the following portion of the meeting.

14. Chief Administrative Officer Report No. CAO 20-52

RE: Short Term Accommodation Workshop

Councillor Golden requested more explanation relating to the proposed workshop. Peggy Van Mierlo-West stated that the workshop will be beneficial as some members of Council have declared conflicts of interest on the topic of short term accommodations, concerned community groups would like their input to be shared, and residents can listen to the special council meeting (workshop). She indicated that the licensing and staged implementation process will be discussed at the meeting and all applicable staff and consultant reports will be posted on the “Short Term Accommodation” page on the municipal website.

The CAO will contact a facilitator for the virtual meeting. 

Moved by D. Myles Resolution #42-17-2020 Seconded by L. Golden

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

THAT Council approves the development of a Short-Term Accommodation Workshop.

Carried

Councillors Myles and Mielhausen resumed participation in the meeting at this time.

15. Ad Hoc Museum Committee Minutes

RE: Meeting No. 20-01, November 3, 2020

Moved by D. Myles Resolution #42-18-2020 Seconded by J. Mielhausen

THAT Council does hereby adopt the Ad Hoc Museum Committee minutes dated November 3, 2020, as circulated, and approves all actions contained therein.

Carried

16. Accounts Payable Voucher

RE: October 2020

Moved by M. Myles Resolution #42-19-2020 Seconded by J. Mielhausen

THAT Council receives approved Accounts Payable Voucher, October 2020, in the amount of $607,419.05.

Carried

17. Resolution- City of Belleville

RE: Accessibility for Ontarians with Disabilities Act- Web-site Support New Business

Moved by L. Golden Resolution #42-20-2020 Seconded by J. Mielhausen

THAT Council supports a resolution from the City of Belleville with respect to the Accessibility for Ontarians with Disabilities Act- Web-site Support New Business. 

Carried

18. Resolution- Township of Oro-Medonte

RE: Request for Support from Mount St. Louis Moonstone Skyline Horseshoe Resort and Hardwood Ski and Bike for their efforts to Declare Snowsports, Skiing and Snowboarding, Alpine and Nordic Deemed Essential in Stage 2

Moved by J. Mielhausen Resolution #42-21-2020 Seconded by M. Myles

THAT Council supports a resolution from the Township of Oro-Medonte with respect to a request for support from Mount St. Louis Moonstone Skyline Horseshoe Resort and Hardwood Ski and Bike for their efforts to declare snow sports, skiing and snowboarding, Alpine and Nordic be deemed essential in Stage 2.

Carried

OTHER BUSINESS

Councillor Golden questioned if the Christmas parades will be held this year amidst the COVID-19 restrictions. Staff confirmed that Santa will be driving by locations throughout the community on Friday, December 4, 2020, including Bruce Peninsula District School and St. Edmunds Public School. 

Councillor Golden advised that she is receiving complaints regarding the St. Edmunds Landfill being closed on Saturdays, as operations have changed to the winter schedule.

CORRESPONDENCE

1. Andrew and Kelly Burgess- Request for garbage pickup and snow removal at 9 Sunset Drive- Forward to Public Works for review and a staff report

2. Barry J. Robinson- Apparent Vandalism at Cape Chin South Municipal Access- Forward to Bylaw Department for review 

3. Public Health Grey Bruce- Off Road Vehicle Use on Municipal Roads and Highway Traffic Act Changes- Forward to Bylaw Department for review

4. AMO President- Proposed Transition schedule for your Blue Box program to the new Full Producer Responsibility regulation- Noted and filed 

5. Sharron Colter- 72 Hour Family Emergency Kit Contents- October 2020 for Local Food Recipients- Noted and filed

6. Bruce Peninsula Health Services Foundation- Thank you for granting our recent request for our board meetings- Noted and filed

7. Public Health Grey Bruce Media Release- COVID-19 Investigation- Noted and filed

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

Moved by M. Myles Resolution #42-22-2020 Seconded by J. Mielhausen 

Carried

READING OF BY-LAWS

Moved by J. Mielhausen Resolution #42-23-2020 Seconded by D. Myles

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

2020-89 BEING A BY-LAW TO PRESCRIBE MAXIMUM RATE OF SPEED FOR MOTOR VEHICLES DRIVEN ON ANY HIGHWAY OR PORTION OF A HIGHWAY WITHIN THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA

2020-91 BEING A BY-LAW TO ESTABLISH WINTER MINIMUM MAINTENANCE STANDARDS FOR MUNICIPAL ROADWAYS

2020-96 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 [CONCESSION 6 WBR PART LOTS 3, 4, 5, RP 3R422 PART A SEC C3WBR PCL 3-1 RP 3R5968 PARTS 4, 5, 6 (EASTNOR)]

2020-101 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA HELD MONDAY, NOVEMBER 9, 2020

Carried

CLOSED SESSION

There is no Closed Session for Council Meeting No. 2020-42, November 9, 2020.

RECONVENE FROM “CLOSED SESSION” TO RESUME COUNCIL MEETING

There is no Closed Session for Council Meeting No. 2020-42, November 9, 2020.

ADJOURNMENT 

Moved by D. Myles Resolution #42-24-2020 Seconded by L. Golden

THAT the meeting adjourns at 2:30 p.m.

Carried