Municipality of Northern Bruce Peninsula Council Meeting Minutes March 8, 2021

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

Staff Present: Cathy Addison, Clerk, Tessa Swanton, Deputy Clerk, Peggy Van Mierlo-West, Chief Administrative Officer, Troy Cameron, Public Works Manager, Ryan Deska, Manager of Community Services (via Zoom)

Others Present: Mandi Lamb and Andy McKee, Big Brother Big Sisters Grey Bruce (via Zoom)

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 1:00 p.m. and Council members were reminded to disclose any pecuniary interest and the general nature thereof that may arise during the meeting.

Councillor Golden declared a pecuniary interest with respect to “Closed Session Item 2. Bruce Anchor/Municipality/Commercial Zoning – have not been able to get advice from Integrity Commissioner to date, so will declare on conflict as abundance of caution at this time”. 

Approval of the Agenda

Resolution #10-01-2021, Moved by J. Mielhausen, Seconded M. 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: Council Meeting No. 21-07, February 22, 2021 and Special Council Meeting No. 21-08, March 3, 2021

Resolution #10-02-2021, Moved by D. Myles, Seconded by L. Golden

That the minutes of Council Meeting No. 21-07, February 22, 2021 and Special Council Meeting No. 21-08, March 3, 2021 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

Deputy Mayor 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. 21-10, March 8, 2021.

Delegation

Mandi Lamb and Andy McKee- Big Brothers Big Sisters Grey Bruce

Re: Discuss the presence of our programs in your communities and the desire to partner with your community members

Mayor McIver welcomed Mandi Lamb and Andy McKee from Big Brothers Big Sisters Grey Bruce who appeared before Council via Zoom. 

Andy McKee indicated that the purpose of their delegation is to boost awareness of the agency in Northern Bruce Peninsula. He emphasized the importance of the program for children, youth, and their families. Andy McKee advised that Council could support fundraisers and assist in recruiting volunteers. He requested that Council direct staff to link the Big Brother Big Sisters Grey Bruce website on the municipal website. 

Mandi Lamb provided some background information on the organization noting that their goal is that every youth has a caring adult in their corner. She presented an overview of their various programs, such as One to One and Couples Match. The program objectives are to have a caring adult assisting children and youth by being by their side, shining a positive light on their life, helping them make good life decisions, working towards goals in school, and providing overall support. Mandi Lamb stated that the program serves children from 6 to 16 years of age (also known as the “littles”) and the adults giving support must be at least 18 years of age unless they are participating in the program though cooperative education (also known as the “bigs”). 

In terms of residents participating in the program in the Municipality, Mandi Lamb indicated that there are four participants, two of which are in the intake stage. She explained that once a match is created, the pair meets on a regular basis doing activities that may otherwise be unavailable to the child/youth based on family circumstances. She explained that studies prove that mentoring is successful as the results show that school becomes more enjoyable for youth, they are less likely to engage in bullying and substance abuse, they are happier, they have stronger social networks, and make more money throughout their lifetime. 

Councillor Myles suggested that the organization include an article in the Bruce Peninsula Press and connect with the Tobermory Meeting Place.

Mayor McIver thanked Mandi Lamb and Andy McKee for their presentation and directed staff to correspond with the presenters. 

Consideration of Agenda Items

1. Public Works Manager Report No. PW 21-05

Re: Encroachment Permit Application

Applicant: 1415747 Ontario Inc. 

For encroachment on Municipal property: Plan 351, Lot 19

Assessment Roll No. 41-09-680-004-07300-0000

Troy Cameron, Public Works Manager, advised that the Site Servicing/Easement Agreement stipulates that the owner must connect to sanitary sewer if/when a municipal connection becomes available.

The Public Works Manager confirmed that the diagonal position of the sewer line is based on topography in the area. He also noted that the sewer line will be servicing a marine building at 22 Legion Street with the potential for the Municipality to connect an additional sewer line to service a portable washroom facility. Troy Cameron said that there may be interest/potential for more hookups on Legion Street.

Resolution #10-03-2021, Moved by J. Mielhausen, Seconded by M. Myles

THAT Council receives Public Works Department Report PW 21-05 titled Encroachment Permit Application, as information; 

AND THAT Council approves the Encroachment Permit Application submitted by 1415747 Ontario Inc.;

AND THAT Council requires that the applicant enter into a Site Servicing/Easement Agreement prior to entering into an Encroachment Agreement with the Municipality.

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 21-07

Re: 2020 Lion’s Head Drinking Water System and Tobermory Primary Place Daycare Centre Drinking Water System Annual Reports

Resolution #10-04-2021, Moved by L. Golden, Seconded by D. Myles 

THAT Council receives Public Works Department Report PW 21-07 titled 2020 Lion’s Head Drinking Water System and Tobermory Primary Place Daycare Centre Drinking Water System Annual Reports, as information; 

AND THAT Council directs Staff to place notice in the Municipal Ad in the Bruce Peninsula Press indicating that the Annual Reports are available for viewing at the Municipal Office.

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. Community Services Manager Report No. CS 21-08

Re: Municipal Lease Policy

Ryan Deska, Community Services Manager, indicated that the adoption of the Municipal Lease Policy will not affect any outstanding leases. He said that the policy creates a consistent framework and rationale for future leases and leases that require updates.

He clarified insurance requirements, the Community Lease option, and the allocation of costs.

Mayor McIver stressed the importance that not all organizations using the Market Value rate would be applicable for our area.

Resolution #10-05-2021, Moved by J. Mielhausen, Seconded by M. Myles 

THAT Council receives Manager of Community Services report CS 21-08 Municipal Lease Policy; AND

THAT, Council adopt the Municipal Lease Policy as presented herein.

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 21-03

Re: Bruce County File No. Z-2020-074(Rydall/McLay)

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

(Eastnor) Municipality Northern Bruce Peninsula 

Roll Number: 410962000617800

Resolution #10-06-2021, Moved by J. Mielhausen, Seconded by L. Golden

THAT Council supports the passage of By-law No. 2020-06, 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 Concession 5 EBR Part Lot 35 RP:3R7860 Part 1(Eastnor) Municipality Northern Bruce Peninsula known as 239 Isthmus Bay Road, to rezone the subject lands from “Travel Trailer Park and Commercial Campground (C4)” to “Resort Residential Special (R2-10-2021a, R2-10-2021b)”;

AND THAT Council supports consideration of the passage of By-law No. 2021-10 at its regular meeting on Monday, March 22, 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

5. Clerk Report No. C 21-10

Re: Fees and Charges By-law No. 2021-01 – proposed amendments

It was noted that the Fees and Charges By-law will be further amended once new parking fees are established.

Deputy Mayor Myles inquired on fees for the Lion’s Head and Tobermory Marinas. The Mayor stated that the Community Services Manager will be distributing a survey later this year to receive input on fees and will present recommendations in the 2022 Fees and Charges By-law.

Discussion included keeping the Marina fees affordable for residents and the Marinas being self-sustainable and not relying on municipal taxation revenues.

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

That Council supports holding a Public Meeting on Monday, March 22, 2021 at 1:00 p.m. with respect to the proposed amendments and additions to the Municipality’s Fees and Charges By-law; 

And further that, should no comments arise with respect to these amendments and additions, Council will consider passage of the enacting By-law No. 2021-21 at its regular meeting on Monday, April 12, 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. Clerk Report No. C 21-11

Re: Community Safety Well-Being Plan (CSWBP)

Resolution #10-08-2021, Moved by L. Golden, Seconded by J. Mielhausen

That Council receives Clerk Report C 21-11 as information as it relates to Community Safety Well-Being Planning – Engagement Survey.

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 21-12

Re: DRAFT Memorandum of Understanding (MOU) between the County of Bruce and the Municipality of Northern Bruce Peninsula 

Cathy Addison, Clerk, stated that the MOU between the County and each lower-tier municipality allows for a specific agreement outlining each municipality’s emergency services from the Red Cross.

Resolution #10-09-2021, Moved by D. Myles, Seconded by M. Myles 

That Council receives Clerk Report C 21-12 as information as it relates to a Memorandum of Understanding between the County of Bruce and the Municipality of Northern Bruce Peninsula related to the provision of Emergency Social Services.

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. Clerk Report No. C 21-13

Re: Municipal Office Closure – 2021 Christmas Holidays

Peggy Van Mierlo-West stated that staff have the option to work when Municipal Office is closed for the holidays, as there may be year end requirements to complete. 

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

THAT Council supports the closure of the Municipal Office during the 2021 Christmas Holidays as follows: 

Friday, December 24, 2021 Close at 12 Noon

Monday, December 27, 2021 Closed (in lieu of Christmas Day falling on a Saturday)

Tuesday, December 28, 2021 Closed (in lieu of Boxing Day falling on a Sunday)

Wednesday, December 29, 2021 Closed

Thursday, December 30, 2021 Closed

Friday, December 31, 2021 Closed 

Monday, January 3, 2022 Closed (in lieu of New Year’s Day falling on a Saturday)

AND THAT Council supports the return to regular business hours, 8:30 a.m. to 4:30 p.m., at the Municipal Office on Tuesday, January 4, 2022.

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- Township of Archipelago

Re: Request that Minister Clark review the Municipal Elections Act

Resolution #10-11-2021, Moved by J. Mielhausen, Seconded by L. Golden

That Council supports Resolution #21-033 from the Township of Archipelago regarding requested amendments to the Municipal Elections Act.

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- Municipality of St. Charles

Re: Support for the Municipality of Tweed’s resolution regarding the Cannabis Act

Resolution #10-12-2021, Moved by L. Golden, Seconded by M. Myles

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

11. Resolution- Township of Lake of Bays

Re: Capacity Limits for Restaurants in Stage 2 under the Reopening Ontario Act, 2020

Resolution #10-13-2021, Moved by M. Myles, Seconded by J. Mielhausen

That Council supports Resolution #8(b)/03/02/21 from the Township of Lake of Bays with respect to capacity limits for restaurants in Stage 2 under the Reopening Ontario Act, 2020.

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- Canadian Union of Postal Workers

Re: Request for Support for Delivering Community Power

Resolution #10-14-2021, Moved by J. Mielhausen, 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: No

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

Other Business

Councillor Golden indicated that there have been changes to Niagara Escarpment Commission (NEC) mapping in the Dyers Bay area only. She asked staff to advertise for future free skates at the Lion’s Head Arena.

Councillor Myles requested that no parking be implemented on Borchardt Road leading to Devils Monument and that staff investigate if paid parking would be operational in that area based on cellphone reception. 

Correspondence

1. AMCTO President Robert Tremblay- Thank you for your service during these difficult times- noted and filed 

2. Grey Bruce Public Health Media Release- COVID-19 Vaccine Update- noted and filed

3. Grey Bruce Public Health Media Release- COVID-19 Provincial Response Framework- Grey Bruce Moving to Green- noted and filed

4. Grey Bruce Public Health Media Release- New Provincial COVID-19 Vaccine Booking System Trial in Grey Bruce- noted and filed

5. Grey Bruce Public Health Media Release- COVID-19 Non-Essential Travel- noted and filed

6. Grey Bruce Public Health- COVID-19 Vaccine Information Update for Those 80 Years and Older- noted and filed

7. Grey Bruce Public Health- Grey Bruce Provides Vaccine Freezer to Windsor-Essex County Health Unit- noted and filed

8. Catherine McKinnon- Safety and Environmental Concerns- Consider for future parking discussions

9. Grey Sauble Conservation Authority- Annual General Meeting Minutes- January 27, 2021- noted and filed

10. Grey Sauble Conservation Authority- Minutes- January 27, 2021- noted and filed

11. AMO Policy Update- New 2021 COVID-19 Relief Funding- noted and filed

Resolution #10-15-2021, Moved by L. Golden, Seconded by J. Mielhausen

That Council receives the attached correspondence 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 #10-16-2021, Moved by L. Golden, Seconded by M. Myles

By-law No. 2021-26

Being A By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Monday, March 8, 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: f) advice that is subject to solicitor-client privilege including communications necessary for that purpose (Big Tub Harbour Citizens Committee), and b) personal matters about an identifiable individual including municipal or local board members and d) labour relations or employee negotiations (By-law Enforcement Staff) b) personal matters about an identifiable individual including Municipal or local board (Appointment of Attainable Housing Taskforce members), and b) personal matters about an identifiable individual including municipal or local board members and d) labour relations or employee negotiations (Fire Chief Recruitment Update).

Closed Session

Resolution #10-17-2021, Moved by J. Mielhausen, Seconded by M. Myles 

That Council move into closed meeting at 2:07 p.m. pursuant to Section 239 (2) of The Municipal Act, 2001, as amended, for the following reasons: : f) advice that is subject to solicitor-client privilege including communications necessary for that purpose (Big Tub Harbour Citizens Committee), and b) personal matters about an identifiable individual including municipal or local board members and d) labour relations or employee negotiations (By-law Enforcement Staff b) personal matters about an identifiable individual including Municipal or local board (Appointment of Attainable Housing Taskforce members)), and b) personal matters about an identifiable individual including municipal or local board members and d) labour relations or employee negotiations (Fire Chief Recruitment Update).

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 #10-18-2021, Moved by L. Golden, Seconded by M. Myles

That Council reconvenes from Closed Session at 3:02 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

Mayor McIver advised that Council provided direction to staff with respect to the Big Tub Harbour Citizens Committee, By-law Enforcement Staff, appointment of Attainable Housing Taskforce members and Fire Chief recruitment update.

Adjournment 

Resolution #10-19-2021, Moved by J. Mielhausen, Seconded by M. Myles 

THAT the meeting adjourns at 3:03 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