Municipality Of Northern Bruce Peninsula Council Meeting (Electronic) January 11, 2021

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Members Present: Mayor Milt McIver, Deputy Mayor Debbie Myles (joined at 1:03 p.m.), 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, Teresa Shearer, Treasurer, Carol Hopkins, Bylaw Enforcement Officer, Ryan Deska, Community Services Manager, Troy Cameron, Public Works Manager

Others Present: Nil 

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.

Note: In the absence of the ability to vote by a show of hands, in accordance with By-law No. 2018-73, Section 2(dd), Council votes will be recorded for resolutions presented at electronic Council meetings.

Disclosure of Pecuniary Interest and General Nature Thereof

Mayor McIver called the meeting to order at 1:00 and Council members were reminded to disclose any pecuniary interest and the general nature thereof that may arise during the meeting.

Approval of the Agenda

Moved by M. Myles Resolution #02-01-2021 Seconded J. Mielhausen

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

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

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

Adoption of the Minutes

Re: Council Meeting No. 20-47, December 21, 2020 

Moved by L. Golden Resolution #02-02-2021 Seconded by J. Mielhausen

THAT the minutes of Council Meeting No. 20-47, December 21, 2020 be approved as printed and circulated.

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

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

Public Meeting

There is no Public Meeting for Council Meeting No. 21-02, January 11, 2021.

Delegation

 There is no Delegation for Council Meeting No. 21-02, January 11, 2021.

CONSIDERATION OF AGENDA ITEMS

1. Fire Chief Report No. FC 21-01

Re: Year End Report Summary from the Office of the fire Marshal – 2020 

Moved by M. Myles Resolution #02-03-2021 Seconded by L. Golden

THAT Council receives the Fire Chief’s Report FC 21-01, as information, regarding the Northern Bruce Peninsula Fire & Emergency Services year-end report summary from the Office of the Fire Marshal – 2020.

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

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

2. Chief Building Official Report No. BD 21-01

Re: Trailer Agreement

Applicant/Owner: Rita Jesus

Plan M86 Lot 29 SEC M86 PCL; 29-1

8 Fowlie Road

Assessment Roll No. 41 09 620 001 26100

Moved by J. Mielhausen Resolution #02-04-2021 Seconded by M. Myles

THAT Council recommends approval of the Trailer Agreement requested by the property owners, Rita Jesus, for the property legally described as Plan M86 Lot 29 SEC M86 PCL; 29-1; 8 Fowlie Road (Assessment Roll No.41 09 620 001 26100), Municipality of Northern Bruce Peninsula.

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

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

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried 

3. Manager of Community Services Report No. CS 21-01

Re: Tobermory Public Washroom Upgrades

Deputy Mayor Myles joined the meeting in-person at 1:03 p.m.

Council discussed the proposed purchase of the modular washroom units. It was noted that some businesses in Tobermory do not offer washrooms and the Municipality should not be providing washrooms on behalf of businesses.

In response to a question from the Deputy Mayor, the Manager of Community Services advised that the base of the portable washrooms units would be constructed to accommodate a more permanent structure in the future. Ryan Deska noted that the units would be winterized.

Councillor Myles suggested that the portable washroom units be placed in a few locations for next season as a start. She mentioned the importance of aesthetics as a tourist location and commented that the beautification grant could be a resource.

Ryan Deska advised that Parks and Facilities staff could clean the washrooms. He noted that an additional summer student could be hired to assist in duties for the 2021 season. 

The CAO noted that any new municipal sewer connections would be an additional capital cost.

Moved by L. Golden Resolution #02-05-2021 Seconded by M. Myles 

THAT Council receives Manager of Community Services report CS 21-01 Tobermory Public Washroom Upgrades, as information; 

AND THAT Council approve the allocation of funds from the Tobermory Parking Reserve to purchase modular washroom units and install servicing, as outlined below.

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

4. Manager of Community Services Report No. CS 21-02

RE: RED Grant Applications

Ryan Deska, Manager of Community Services, confirmed that there are two separate applications for the Rural Economic Development (RED) grant. One of the applications is for funds to better insulate the Rotary Hall. 

Moved by J. Mielhausen Resolution #02-06-2021 Seconded by D. Myles 

THAT Council receives Manager of Community Services report CS 21-02 RED Grant Applications, as information.

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

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

5. Bylaw Enforcement Officer Report No. MLEO 20-16

Re: Paid Parking Machines – 2021 Capital Expenditure

Deputy Mayor Myles suggested that the machines be ordered in time for the 2021 season and discussions regarding locations can occur at a subsequent meeting.

The CAO confirmed that staff would develop a reserves policy for funds generated from the parking machines in Lion’s Head.

Further discussion is required regarding the streets where the parking machines will be placed, interacting with businesses, using Bang the Table for public input, and the parking fees.

Moved by M. Myles Resolution #02-07-2021 Seconded by D. Myles 

THAT Council receives By-law Enforcement Officer Report MLEO 20-16 as information regarding the purchase of paid parking machines for Lion’s Head; and

THAT Council approves the purchase of ten (10) DG7 Parking Meters in the amount of $117,170.00 plus HST from Precise Parklink for delivery in April of 2021.

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

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

6. Treasurer Report No. TR 21-02

Re: 2021 Exempt Properties

Moved by J. Mielhausen Resolution #02-08-2021 Seconded by L. Golden

THAT Council receives Treasurer’s Report TR21-02 regarding 2021 exempt properties, as information.

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

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

7. Clerk Report No. C 21-01

Re: Owner: 1653123 Ontario Ltd. c/o Wes Rydall

Applicant: Doug McLay

File Nos.: B-2020-113, B-2020-114055 (Consents) and Z-2020-074 

(Zoning) and C-2020-017 (County OPA)

Legal Description: Concession 5 EBR Part Lot 35 RP:3R7860 Part 1(Eastnor) 

Municipality: Northern Bruce Peninsula 

Roll Number: 410962000617800

Moved by J. Mielhausen Resolution #02-09-2021 Seconded by M. Myles 

THAT Council directs staff to submit to the County of Bruce Planning and Economic Development Department, noting the following Municipal comments; 1) Ensure there is no restrictions for maintenance or easement of the municipal drain; 2) Septic systems to be decommissioned, existing shower house and toilets to be removed; to create two new residential lots on private services submitted by the applicant, Doug McLay, on behalf of the owner, 1653123 c/o Wes Rydall, for the property legally described as Concession 5 EBR Part Lot 35 3R RP;3R7860 Part 1(Eastnor), 239 Isthmus Bay Road in the Municipality of Northern Bruce Peninsula. 

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

1. That the owner enters into an Agreement with the Municipality, if deemed necessary by the Municipality of Northern Bruce Peninsula, to satisfy all the requirements, 

financial or otherwise of the Municipality, which may include, but shall not be limited to, the provision of parkland (or cash-in-lieu of land), roads, installation of services, facilities, drainage and the timing and payment of a development charge.

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

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

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

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

6. That the Clerk of the Municipality provide written confirmation to the Approval Authority that zoning amendment Z-2020-074 is in force and effect.

7. That the Clerk of the County of Bruce provide written confirmation to the Approval Authority that Official Plan amendment C-2020-017 is in force and effect.

8. That the applicant’s solicitor submits all deeds for certification for files B-2020-113 and B-2020-114 to the Approval Authority at the same time, and that the Approval Authority apply certification to all deeds consecutively.

9. That the owner provides written confirmation that:

a. An Archaeological Assessment by an archaeologist licensed in the province of Ontario has been completed and confirmed by the appropriate Ministry to have been accepted into the Ontario Public Register of Archaeological Reports; and

b. That the recommendations of the archaeological assessment (if any) have been implemented.

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

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

8. Chief Administrative Officer Report No. CAO 21-01

Re: Organizational Review

Peggy Van Mierlo-West, CAO, confirmed that certain staff members can work from home at times to conserve valuable office space. She stated that some municipally-owned buildings could be renovated to create space for employees to work in other areas of the Municipality.

Moved by D. Myles Resolution #02-10-2021 Seconded by M. Myles 

THAT Council receives the report titled Organizational review;

AND THAT, Council approves the plan for implementation of the Organizational Review pending annual operational approval.

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

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

9. Resolution- Town of Kingsville

Re: Letter of Support for Small Businesses

Moved by L. Golden Resolution #02-11-2021 Seconded by J. Mielhausen

THAT Council receives the attached resolution, as information.

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

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

Other Business

Councillor Golden suggested that the short term accommodations process move forward so regulations can be in place for the upcoming season.

Correspondence

Deputy Mayor Myles declared a conflict of interest with respect to Correspondence Item #1 “as the letter is written by my husband”.

1. E.J. Ted Phillips- Lion’s Head Harbour Concerns- Forward to Manager of Community Services for review and noted and filed

Moved by J. Mielhausen Resolution #02-12-2021 Seconded by L. Golden

THAT the correspondence item #1 be received for information as printed and circulated.

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

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: In conflict 

Mayor McIver: Yes 

The Clerk announced that the motion was carried. 

Carried

Deputy Mayor Myles resumed participation in the meeting at this time.

2. Steve Clark, Minister of Municipal Affairs and Housing- Allocation of $64,000 under the municipal operating stream due to the impacts of COVID-19- Noted and filed

3. Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs- Ontario Wildlife Damage Compensation Program- Noted and filed 

4. Municipal Innovation Council Minutes- October 15, 2020- Noted and filed 

5. Tourism Advisory Board Minutes- November 20, 2020- Noted and filed 

Moved by M. Myles Resolution #02-13-2021 Seconded by L. Golden

THAT the correspondence items #2-5 be received for information as printed and circulated.

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

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried. 

Carried

Reading of By-Laws

Councillor Mielhausen declared a conflict of interest with respect to By-law No. 2021-05 “because I am owner of the property to be severed”. 

Moved by D. Myles Resolution #02-14-2021 Seconded by M. Myles 

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

2020-01 Being a By-Law to Set Fees and Charges for the Municipality of Northern Bruce Peninsula

2021-02 Being a By-Law to Provide for the Levy and Collection of an Interim Tax for the Year 2021 

2021-03 Being a By-Law to Amend the Municipality of Northern Bruce Peninsula By-Law No. 2002-54, as Amended, for the Properties Described as Part of Farm Lot 14 West Bury Road, RP 3R8963 Part 4 (Not Yet Assigned, Matheson Drive) and Part of Farm Lot 14 West Bury Road, RP 3R8963 Part 3 (Not Yet Assigned, Matheson Drive) – St. Edmunds, Municipality of Northern Bruce Peninsula

2021-04 A By-Law to Establish a Routine Disclosure and Active Dissemination of Information Policy for the Municipality of Northern Bruce Peninsula

2021-06 Being a By-Law to Confirm the Proceedings of the Council of the Corporation of the Municipality of Northern Bruce Peninsula Held Monday, January 11, 2021

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

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

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

Moved by D. Myles Resolution #02-15-2021 Seconded by L. Golden

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

2021-05 Being a By-Law to Amend the Municipality of Northern Bruce Peninsula By-Law No. 2002-54, as Amended, for the Properties Described as Part of Concession 2 EBR Part Lot 25 – Eastnor, Municipality of Northern Bruce Peninsula

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

Councillor Golden: Yes

Councillor Mielhausen: In conflict 

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried 

Councillor Mielhausen resumed participation in the meeting at this time. 

Closed Session

There is no Closed Session for Council Meeting No. 21-02, January 11, 2021.

Reconvene from Closed Session to Resume Council Meeting

There is no Closed Session for Council Meeting No. 21-02, January 11, 2021.

Adjournment 

Mayor McIver advised that Council would now be reconvening Special Council Meeting No. 21-01 that commenced at 9:00 a.m. this morning. 

Moved by D. Myles Resolution #02-16-2021 Seconded by J. Mielhausen

THAT the meeting adjourns at 1:43 p.m.

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

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried