Municipality of Northern Bruce Peninsula Council Meeting Minutes February 22, 2021

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(following Committee of Adjustment (COA) Meeting No. 21-02 at 1:00 p.m.)

Members Present: Mayor Milt McIver, Deputy Mayor Debbie Myles (via Zoom), Councillor Laurie (Smokey) Golden, Councillor James Mielhausen, Councillor Megan Myles (via Zoom)

Staff Present: Cathy Addison, Clerk, Tessa Swanton, Deputy Clerk, Peggy Van Mierlo-West, Chief Administrative Officer, Wendy Elliott, Chief Building Official (via Zoom), Troy Cameron, Public Works Manager (via Zoom), Ryan Deska, Manager of Community Services (via Zoom), Carol Hopkins, By-law Enforcement Officer (via Zoom), Teresa Shearer, Treasurer (via Zoom)

Others Present: Nil

Note: Some members of Council and staff were present in the Municipal Office 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. 2021-08, Section 3- 64.3, 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 1:31 p.m. 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

Resolution #07-01-2021, Moved by L. Golden, Seconded D. Myles 

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

Deputy Mayor Myles: Yes 

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

Adoption of the Minutes

Re: Special Council Meeting No. 21-05, February 8, 2021 and Council Meeting No. 21-06, February 8, 2021

An amendment was noted with respect to Council Meeting No. 21-06, February 8, 2021 where the location of the meeting will be corrected to “Municipal Office Council Chamber”.

Resolution #07-02-2021, Moved by J. Mielhausen, Seconded by M. Myles

That the minutes of Special Council Meeting No. 21-05, February 8, 2021 and Council Meeting No. 21-06, February 8, 2021 be approved as amended. 

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

Public Meeting

1. Treasurer Report No. TR 21-06

Re: 2021 Budget Presentation

Councillor Golden requested clarification that over 2 million dollars will be spent in 2021 from capital reserves. The Treasurer confirmed this is correct. 

Deputy Mayor Myles asked if a specific list indicating roads projects for 2021 will be provided to Council. The Mayor confirmed that the Public Works Manager presented Council with a list depicting priority roads, sidewalks, and bridge projects. He noted that the upcoming Roads Needs Study will further identify projects.

Councillor Myles stated that there is a funding gap for infrastructure spending as illustrated in the Asset Management Plan. She said that it would be beneficial to know the costs associated with maintaining current service levels. 

Mayor McIver indicated that a letter from the St. Edmunds Property Owners is included on the agenda voicing concern with the 2021 Budget.

Council discussed implications of increased project costs, the need to fund infrastructure, and finding new ways to generate revenues.

John Francis joined the public meeting via Zoom and objected to zero based budgeting. He commented on the low taxes in the Municipality and said that paying higher taxes would improve quality of life and fund projects for the future, such as new sewer and water systems, cycling paths, and sidewalks. He recommended that Council consider completing construction projects in-house and new revenue streams be investigated. 

Mayor McIver stated that construction projects that can be completed by municipal staff are limited and local contractors assist in the process.

Council, staff, and Kent Wilkens (via Zoom) discussed the increased cost of sidewalk construction and alternative packed surface options. 

Resolution #07-03-2021, Moved by J. Mielhausen, Seconded by L. Golden

THAT Council receives Treasurer’s report TR21-06 regarding the 2021 Budget;

AND THAT the 2021 Budget be approved as presented;

THAT By-law 2021-18, being a by-law to adopt the estimates of all sums required during the year and set the 2021 tax rates, be presented and considered for passage on March 22, 2021; and

THAT Council authorizes payment of the approved 2021 community grants prior to passing of the by-law.

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

2. St. Edmunds Property Owners Inc. (SEPO) 2021 Budget Draft #2 Concerns

Mayor McIver noted that the letter from SEPO was addressed earlier in the meeting.

Delegation

There is no Delegation for Council Meeting No. 21-07, February 22, 2021.

Consideration of Agenda Items

1. Public Works Manager Report No. PW 21-03

Re: North Shore Road Municipal Class Environmental Assessment

Considerable discussed ensued with respect to the environmental assessment that was complied in 2014 and is effective for ten years. Troy Cameron, Public Works Manager, confirmed that the owners are responsible for construction of their driveways beyond municipal boundaries. He advised that re-opening the environmental assessment may result in additional comments from various agencies and stakeholders. He stated that construction costs will have increased since the last cost estimate and the project is planned for completion in 2021.

Resolution #07-04-2021, Moved by M. Myles, Seconded by J. Mielhausen

THAT Council receives Public Works Department Report PW 21-03 titled North Shore Road Municipal Class Environmental Assessment; 

AND THAT Council approves the re-opening of the North Shore Road Municipal Class Environmental Assessment to consider a Preliminary Revised Preferred Design Solution, being Design Option 1 – Individual Driveway Access; 

AND THAT Council, recognizing completion of recommendations 1 through 3, approves GM BluePlan Engineering proceed with recommendations 4 through 7, brought forth in correspondence dated June 13, 2019 from GM BluePlan Engineering:

· Update background studies, including Natural Environmental Impact Study, and Stage 1 and 2 Archaeological Study

· Resolve with Council and residents that this is the Preliminary Revised Preferred Design Solution

· Circulate a Notice of Proposed Amendment to the Schedule B EA Project File to previously circulated to public members, stakeholders, agencies, utilities and First Nations. 

· Depending on responses received as a result of this Notice of Proposed Amendment circulation, the direction of the project would be reconsidered and resolved.

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

2. Public Works Manager Report No. PW 21-04

Re: Stokes River Municipal Drain Rock Removal Tender, Contract 21-10904-01

Resolution #07-05-2021, Moved by J. Mielhausen, Seconded by L. Golden

THAT Council receives Public Works Department Report PW 21-04 titled Stokes River Municipal Drain Rock Removal Tender, Contract 21-10904-01, as information; 

AND THAT Council awards the Stokes River Municipal Drain Rock Removal Tender to Collins Excavating for the amount of $20,000.00, excluding HST and contingency.

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 

3. Clerk Report No. C 21-06

Re: NEC – Applicant/Owner – Leanne Averbach

Agent – Todd Dowd

Part Lot 25, Concession 8 EBR 

140 Borchardt Road

Municipality of Northern Bruce Peninsula (Lindsay), County of Bruce

Roll No.: 410966000316501

Resolution #07-06-2021, Moved by D. Myles, Seconded by M. Myles

That Council directs staff to submit the Niagara Escarpment Commission (NEC), the Municipality’s position of no objection to the Development Permit application submitted by the owners/applicant; as it relates to the Development Permit application submitted by the owner/applicant, Leanne Averbach, for property known as Part Lot 25, Concession 8 EBR (Lindsay) 140 Borchardt Road, Municipality of Northern Bruce Peninsula, to construct a one storey ± 29 m2 (± 308 ft2) accessory building (detached garage) having a maximum height of ± 5 m (± 18 ft) on a 0.30 ha (0.75 ac) existing lot.

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. Clerk Report No. C 21-07

Re: NEC – Applicant and Owner – T & P Hayes Investments Ltd. 

Part Lot 26, Concession 5 EBR

Municipality of Northern Bruce Peninsula (Eastnor), County of Bruce

Roll No.: 410962000709000

Resolution #07-07-2021, Moved by J. Mielhausen, Seconded by L. Golden

THAT Council directs staff to submit to the Niagara Escarpment Commission, the Municipality’s recommendation of no objection to NEC File No. B/R/2019-2020/9202 for land legally described as Part Lot 26, Concession 5, EBR, (Eastnor) owned by T & P Hayes Investments Ltd. c/o Ted Hayes is seeking approval to provide a nitrate loading area of ± .52 ha (± 1.3 ac) to support the sewage disposal system attenuation zone designed to service the proposed four-unit Townhouse complex proposed on property adjacent to the east within the Lion’s Head Urban Area, outside of the Niagara Escarpment Commission’s area of Development Control.

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. Clerk Report No. C 21-08

Re: 2022 Election Voting Method Recommendations

Cathy Addison, Clerk, informed that all Clerks in Bruce County have received presentations from potential suppliers and two municipalities have approved internet and telephone voting, to date. She indicated that once all Bruce County municipalities have selected their voting methods, the group can consult with suppliers to obtain bids and report back to Council.

Resolution #07-08-2021, Moved by M. Myles, Seconded by D. Myles

THAT Council approves internet and telephone voting methods for the 2022 Municipal and School Board Elections in the Municipality of Northern Bruce Peninsula, and further directs the Clerk to prepare the necessary By-law to come forward.

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. Chief Administrative Officer Report No. CAO 21-05

Re: Sale of Unopened Road Allowance Property

Peggy Van Mierlo-West, CAO, clarified that the proposed policy is applicable to unopened road allowances and does not include water accesses. As an example, she explained that the process would take place for an unopened road allowance within an old subdivision plan where it is not in the best interest of the Municipality to improve or open the road allowance. She stated that property owners abutting the unopened road allowance can request the Municipality sell the unopened road allowance and commence the process.

Peggy Van Mierlo-West confirmed that notification of the request for purchase will be circulated to property owners abutting the unopened road allowance. 

Resolution #07-09-2021, Moved by J. Mielhausen, Seconded by L. Golden

THAT Council receives the report titled, Sale of Unopened Road Allowance Property and;

THAT a draft bylaw be presented to Council at the March 22nd, 2021 Council meeting.

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. Minutes- Climate Action Committee

Re: Meeting No. 21-01, January 12, 2021

Councillor Golden stated that she is appreciative that the Committee is acknowledging the high risk of wildfires.

Councillor Myles offered to circulate a presentation to Council from Scott Parker regarding climate change in Northern Bruce Peninsula. 

Resolution #07-10-2021, Moved by J. Mielhausen, Seconded by M. Myles 

That Council does hereby adopt the Climate Action Committee minutes dated January 12, 2021 and approves all actions contained therein.

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. Minutes- Waste Management and Diversion Committee

Re: Meeting No. 20-02, December 17, 2020

Resolution #07-11-2021, Moved by L. Golden, Seconded by J. Mielhausen

That Council does hereby adopt the Waste Management and Diversion Committee minutes dated December 17, 2020 and approved all actions contained therein.

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- Guelph Eramosa Township

Re: Advocacy for Reform- MFIPPA Legislation

Resolution #07-12-2021, Moved by L. Golden, Seconded by J. Mielhausen

That Council supports a resolution from Guelph/Eramosa Township with respect to advocacy for reform to MFIPPA legislation. 

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

10. Resolution- Conmee Township

Re: Request for clear criminal records to become a candidate in municipal elections and elected officials be disqualified from office upon conviction of a serious criminal offense

Resolution #07-13-2021, Moved by L. Golden, 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: No

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

11. Resolution- Town of Orangeville

Re: Greenhouse Gas Emissions

Resolution #07-14-2021, Moved by M. Myles, Seconded by L. Golden 

That Council supports Resolution #2021-069 from the Town of Orangeville with respect to greenhouse gas emissions. 

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

12. Resolution- City of St. Catharines

Re: Universal Paid Sick Days in Ontario

Resolution #07-15-2021, Moved by M. Myles, Seconded by L. Golden

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

In Other Business, Councillor Golden asked the CAO to obtain clarification on the vaccine rollout process for retirement homes in the Municipality, specifically if residents in senior apartments are included. If they are not included, she requested the CAO bring this to the attention of Dr. Ian Arra at the Grey Bruce Health Unit. 

Councillor Golden spoke on the Lion’s Head Arena remaining open and asked if staff could advertise for free skates this weekend at the Lion’s Head Arena.

Councillor Mielhausen inquired on properties moving into a protected area under NEC jurisdiction. Councillor Golden advised that she would discuss this inquiry at her Niagara Escarpment meeting on Tuesday, February 23, 2021. 

Deputy Mayor Myles commented on the helicopter rescue from the ice floe at the grotto near Tobermory and questioned the Municipality’s financial obligations. The CAO confirmed that the Municipality is not required to pay for the service.

A Special Council Meeting was scheduled for Monday, March 8, 2021 at 9:00 a.m. regarding Parking and Short Term Accommodation Workshop.

Correspondence

1. Isla Carmichael- Friends of the Lion’s Head Library- 2020 Annual Report- noted and filed 

2. Minutes- Municipal Innovation Council- November 19, 2020- noted and filed

3. Public Health Grey Bruce Media Release- Grey Bruce Covid-19 Vaccine Delivery- the CAO to obtain clarification regarding vaccine rollout

4. Ministry of Municipal Affairs and Housing- Consulting on growing the size of the Greenbelt- noted and filed

5. Tobermory Chamber of Commerce- Funding Allocation- Brief discussion ensued regarding operating hours, cost per hour to operate, a one-year term for the agreement being a wise choice and the requested funding being applicable to both the Tobermory and Ferndale Information Centres 

Resolution #07-16-2021, Moved by D. Myles, Seconded by L. Golden

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

Reading of By-Laws

Resolution #07-17-2021, Moved by J. Mielhausen, Seconded by M. Myles

By-law No. 2021-08

Being a By-law to govern the calling, place and proceeding of Municipal Council and the conduct of its members and calling of the meetings of the Corporation of the Municipality of Northern Bruce Peninsula and its Committee

By-law No. 2021-09

A By-Law to Regulate and Control the Movement and time of Movement of Off-Road Vehicles [also known as A.T.V. (s)] on any Highways or Road Allowances under the Control of The Municipality of Northern Bruce Peninsula

By-law No. 2021-13 

A By-Law to Provide for Licencing, Regulate and Governing Owners and Drivers of Taxicabs, Motor or other Vehicles used for Hire for Transportation of Passengers in The Municipality of Northern Bruce Peninsula

By-law No. 2021-14

Being a By-law to amend By-law No. 2002-54, as amended, Being the Comprehensive Zoning By-law for the Municipality of Northern Bruce Peninsula As it relates to the removal of the Holding (H) Zone provision – Lindsay Concession 4 EBR Part Lot 3 RP 3R9799 Part 5; Northern Bruce Peninsula, Municipality of Northern Bruce Peninsula

By-law No. 2021-19

Being a By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula held Monday, February 22, 2021

That the listed by-law(s) be given 1st, 2nd, and 3rd reading, and enacted.

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

Mayor McIver advised that Council was moving into Closed Session pursuant to Section 239 (2) 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, (Fire Chief Recruitment).

Closed Session

Resolution #07-18-2021, Moved by L. Golden, Seconded by J. Mielhausen

That Council move into closed meeting at 2:41 p.m. pursuant to Section 239 (2) 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, (Fire Chief Recruitment).

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

Reconvene from Closed Session to Resume Council Meeting

Resolution #07-19-2021, Moved by M. Myles, Seconded by D. Myles

That Council reconvenes from Closed Session at 3:07 p.m. and resumes the Council meeting.

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

The Mayor advised that Council directed staff to commence negotiations for the hiring of a Fire Chief.

Adjournment 

Resolution #07-20-2021, Moved by J. Mielhausen, Seconded by L. Golden

THAT the meeting adjourns at 3:07 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