Municipality of Northern Bruce Peninsula Council Meeting Minutes August 9, 2021

163

Members Present: Mayor Milt McIver, Deputy Mayor Debbie Myles, 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, Kara Smith, GIS/IT Coordinator, Jack Burt, Fire Chief, Ryan Deska, Community Services Manager, Wendy Elliott, Chief Building Official 

Others Present: Nil

Note: 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.

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 Myles declared a pecuniary interest with respect to Agenda Item #7 and #10 because I own/operate a hostel/B&B in the Municipality”. 

Councillor Mielhausen declared a pecuniary interest with respect to Agenda Item #7 and #10 “as I am a part owner in a STA”. 

Approval of the Agenda

Resolution #25-01-2021, Moved by L. Golden, Seconded by D. Myles 

That the content of the agenda be approved as printed.

Carried

Adoption of the Minutes

Re: Council Meeting No. 21-24, July 26, 2021

Resolution #25-02-2021, Moved by J. Mielhausen, Seconded by M. Myles 

That the minutes of Council Meeting No. Council Meeting No. 21-24, July 26, 2021 be approved as printed and circulated.

Carried

Public Meeting – Nil

Delegation – Nil

Consideration of Agenda Items

1. Chief Building Official Report No. BD 21-25

Re: Trailer Agreement

Applicant/Owner (s): Francis Gerald Van Dongen, Sandra Jane Van Dongen 

Concession 7 Pt Lot 18 RP3R 5894 Part 2, 131 Bradley Drive, Municipality of Northern Bruce Peninsula, County of Bruce

Assessment Roll No. 41 09 660 001 23020

Resolution #25-03-2021, Moved by D. Myles, Seconded by M. Myles 

THAT Council recommends approval of the Trailer Agreement requested by the property owners, namely Francis Gerald Van Dongen and Sandra Jane Van Dongen for the property legally described Concession 7 Pt Lot 18 RP3R 5894 Part 2; 131 Bradley Drive (Assessment Roll No. 41 09 660 001 23020) Municipality of Northern Bruce Peninsula. 

AND THAT the owner acknowledges 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. 

Carried

2. Community Services Manager Report No. CS 21-18

Re: Arena Concession Booth Lease Agreement

Ryan Deska, Community Services Manager, will review the current Agreement with Pepsi and discuss the Agreement with Mary Robbins.

Resolution #25-03-2021, Moved by J. Mielhausen, Seconded by L. Golden

THAT Council receives Manager of Community Services report CS 21-18, Arena Concession Booth Lease Agreement

THAT Council renews the lease for the Concession Booth Operations for the Lion’s Head and District Community Centre and Arena with Mary Robbins in the amount of $2850.00 per season, excluding HST, for a two-year period.

Carried 

3. Community Services Manager Report No. CS 21-19

Re: Arena Pro Shop Lease Agreement

Resolution #25-04-2021, Moved by M. Myles, Seconded by J. Mielhausen

THAT Council receives Manager of Community Services report CS 21-19, Arena Pro Shop Lease Agreement

THAT Council renews the lease for the Pro Shop Operations for the Lion’s Head and District Community Centre and Arena with Rob Kelly in the amount of $554.17 (HST included) for a period of seven (7) months, from September 1, 2021 to March 31, 2022.

Carried

4. Deputy Clerk Report No. DC 21-04

Re: Consultation Process-Multi-Year Accessibility Plan 2022-2026

Resolution #24-05-2021, Moved by D. Myles, Seconded by L. Golden

That Council receives Deputy Clerk Report DC 21-04 titled Consultation Process- Multi-Year Accessibility Plan 2022-2026 as information;

And that Council supports utilizing Let’s Talk NBP, the Municipality’s online public engagement tool, to gather public feedback regarding accessibility for the Multi-Year Accessibility Plan 2022-2026.

Carried

5. Clerk Report No. C 2021-45

Re: Bruce County File No. Z-2021-062 (Kerton/Corcoran)

Legal Description: 528 Forty Hill Rd (former Lindsay)

Concession 5 EBR, Part Lot 5 RP 3R4351 Part 1, Municipality Northern Bruce Peninsula 

Roll Number: 410966000235101

Resolution #25-06-2021, Moved by M. Myles, Seconded by L. Golden

THAT Council supports the passage of By-law No. 2021-81, 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, 528 Forty Hill Rd (former Lindsay) Concession 5 EBR, Part Lot 5 RP 3R4351 Part 1, Municipality Northern Bruce Peninsula, to rezone to permit a commercial kitchen as a Home-Based Business to be located within an accessory structure, where the by-law requires a Home-Based Business be located within the main dwelling.

AND THAT Council supports consideration of the passage of By-law No. 2021-56 at its regular meeting on Monday, August 9, 2021. 

Carried

6. Clerk Report No. C 21-46

Re: Bruce County File No. Z-2021-023 (Reimer-Catteau)

Legal Description: 59 Burma Road (former Eastnor), Concession 3 WBR, Part Lot 25 RP 3R8893 Part 2, Municipality Northern Bruce Peninsula 

Roll Number: 410962000416802

Resolution #25-07-2021, Moved by J. Mielhausen, Seconded by D. Myles 

THAT Council supports the passage of By-law No. 2021-81, 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, 59 Burma Road (former Eastnor) Concession 3 WBR, Part Lot 25 RP 3R8893 Part 2, Municipality Northern Bruce Peninsula, to rezone the property from Restricted Rural (RU2) to Rural Commercial & Industrial Zone Special Exception to permit a contractor’s yard, accessory detached dwelling and permitted accessory uses.

AND THAT Council supports consideration of the passage of By-law No. 2021-82 at its regular meeting on Monday, August 9, 2021. 

Carried

Having declared pecuniary interests, Councillor Myles and Councillor Mielhausen did not participate in the following portion of the meeting.

7. Chief Administrative Officer Report No. CAO 21-30

Re: Short Term Accommodation Bylaw

Mayor McIver requested that it be noted within the by-law that only one short term accommodation unit is permitted per property. 

Councillor Golden asked that the rows for Class A and B be amalgamated under Determining Class and Fees.

Peggy Van Mierlo-West, CAO, advised that the next step of the process involves holding a Public Meeting on August 23, 2021. She noted that the public can send a letter to the Clerk, request a delegation, or attend the virtual Public Meeting to share their comments. Following the meeting, Council can provide direction to staff regarding changes, if any. The CAO indicated that the by-law is scheduled for passage on September 27, 2021. Further, Peggy Van Mierlo-West stated that all staff reports, consultant reports, and draft by-laws are available on the Short Term Accommodation page on the Municipal website.

Resolution #25-08-2021, Moved by D. Myles, Seconded by L. Golden

THAT Council receives the report titled Short Term Accommodation Bylaw;

That Council hold a public meeting August 23, 2021 at the regular Council meeting;

And that Council adopt the bylaw on Monday, September 27, 2021 at the regular Council meeting.

Carried

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

8. Chief Administrative Officer Report No. CAO 21-31

Re: Cabot Head Trail Presentation

Peggy Van Mierlo-West, CAO, stated that the Cabot Head Trail group requested assistance from Municipal staff to complete the project of converting the Cabot Head Road to an active hiking and cyclist trail. She noted that the Municipality does not have a Trails Department and staff are not trained in trail management. She recommended that the group consider hiring a consultant for engineering, design, and risk management work. The CAO advised that there is an issue with staff capacity and the amount of work being requested by the group. 

Councillor Golden commented on the large workload of Municipal staff and need for broader consultation. She questioned whether the project is sustainable. 

Mayor McIver noted the involvement from staff, lack of financial forecast, Municipal liability, and barriers to people with disabilities accessing Cabot Head.

Deputy Mayor Myles expressed some concern with the project affecting private properties. 

Councillor Myles stated her support for the project. She mentioned that the grant must be used by December 2021 and the trail could be a pilot project. She said that staff requirements are not mandatory and suggested future opportunities for the trail. 

The CAO recommended that she prepare a further report to Council regarding the project. She suggested that Council review a business plan and the Municipality requires firm approval from the affected property owners.

Resolution #25-09-2021, Moved by J. Mielhausen, Seconded by M. Myles 

THAT Council receives the report titled Cabot Head Trail Presentation;

That Council provide direction to Administration regarding next steps. 

Carried

9. Chief Administrative Officer Report No. CAO 21-32

Re: Climate Action Committee Request

The CAO advised that the Bruce Peninsula Biosphere Association will be preparing a Corporate/Community Climate Action Plan for the Municipality.

Resolution #25-10-2021, Moved by L. Golden, Seconded by M. Myles

THAT Council receives the report titled Climate Action Request;

THAT Council approves the proposed change of scope for the Climate Action Committee; AND;

THAT Council approves entering into an Agreement with the Bruce Peninsula Biosphere as attached.

Carried

Councillor Myles and Councillor Mielhausen did not participate in the following portion of the meeting.

10. Chief Administrative Officer Report No. CAO 21-33

Re: Municipal Accommodation Tax Bylaw

Resolution #25-11-2021, Moved by D. Myles, Seconded by L. Golden

THAT Council receives the report titled Municipal Accommodation Tax Bylaw;

That Council hold a public meeting Monday, August 23, 2021 during the regular Council meeting.

And that Council pass the By-law 2021-83 be adopted on Monday, September 27, 2021.

And that the Municipal Accommodation Tax be implemented January 1, 2022. 

Carried

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

11. 21-01 July 6 2021 Ad Hoc Museum Committee Minutes

Councillor Golden informed that the St. Edmunds Museum has reopened for outside visits only, weather permitting. The Carvers and Spinners groups will be attending the Museum on certain days to conduct demonstrations pertaining to their talents.

Councillor Myles suggested that seasonal Municipal staff perform maintenance work on the Museum if skills and capacity allow.

Resolution #25-12-2021, Moved by M. Myles, Seconded by J. Mielhausen

That Council approves Ad Hoc Museum Committee minutes dated July 6, 2021 and approves all actions contained therein.

Carried

12. 21-03 Attainable Housing Task Force- July 8, 2021 Minutes

Resolution #25-13-2021, Moved by L. Golden, Seconded by D. Myles 

That Council approves Attainable Housing Task Force minutes dated July 8, 2021 and approves all actions contained therein;

That the Committee approves the Municipality of Northern Bruce Peninsula’s Attainable Housing Strategy Request for Proposals (RFP) as presented by the Manager of Community Services, subject to minor amendments;

That the Attainable Housing Task Force sends a letter of response to the Tobermory Seniors Association inviting the group to participate in stakeholder consultations that will occur once a consultant is hired by the Municipality to prepare a housing strategy.

Carried

13. July 2021 Accounts Payable Voucher

Deputy Mayor Myles asked staff to raise the limits on Municipal employee credit cards to avoid overlimit charges. 

Resolution #25-14-2021, Moved by J. Mielhausen, Seconded by M. Myles 

That Council receives approved Accounts Payable Voucher, July 2021, in the amount of $873,303.99.

Carried

14. Proclamation- Child Care Worker and Early Childhood Educator Appreciation Day

Resolution #25-15-2021, Moved by L. Golden, Seconded by D. Myles

Whereas years of research confirms the benefits of high-quality child care for young children’s intellectual, emotional, social, and physical development and later life outcomes; and 

Whereas child care promotes the well-being of children and responds to the needs of parents and the broader community by supporting quality of life so that citizens can fully participate in and contribute to the economic and social life of the community; and 

Whereas trained and knowledgeable Early Childhood Educators and child care staff are the key to quality in early learning and child care programs and champions for children;

Therefore it be resolved that October 21, 2021 be designated the 21st annual Child Care Worker and Early Childhood Educator Appreciation Day in recognition of the education, dedication and commitment of child care workers to children, their families and quality of life of the community. 

Carried

Other Business

Under Other Business, Councillor Golden expressed urgency in relocating the Primary Place Tobermory Daycare to a different building due to its poor condition. A delegation is scheduled for the August 23, 2021, Council meeting from the Primary Place Tobermory Daycare. The CAO will also contact Jane Thomson, Chair of the Bluewater District School Board and ask that she attend a Council meeting. The CAO will email the Bluewater District School Board for an update regarding funding and relocation of the Primary Place Tobermory Daycare to the St. Edmunds Public School. Councillor Myles suggested that other facilities may be available in the case that the Tobermory Daycare is unsafe. 

Council tentatively scheduled a Council Road Tour for Wednesday, September 15, 2021 at 9::00 a.m.

Deputy Mayor Myles advised that there is an abundance of wild parsnip along Highway 6 and the Ministry of Transportation (MTO) has yet to spray this year.

Staff were directed to prepare a report for the August 23, 2021, Council meeting outlining paid parking revenues for 2021 to date.

The Community Services Manager advised that the new washrooms in Tobermory will be operational shortly.

Correspondence

1. Bonnie Ashcroft- Paid Parking- Information

2. Grey Sauble Conservation Authority Board Meeting Highlights 06 23 2021- Information

3. Melis van Harten- Request to build a house smaller than the minimum habitable and ground floor area as outlined in the Zoning By-law- Information- Council will be addressing some housekeeping amendments to the Zoning By-law soon, one being reducing the minimum square footage requirement for dwellings.

4. Downtown Business Owners in Lion’s Head- Issues with paid parking in Lion’s Head- Action or report- Council will be discussing paid parking this fall including any amendments that should be made to the paid parking program.

5. Joe and Deb Rosart- Speeding on McNeil Street- Action or report- Public Works to respond. 

6. Peter ten Cate- Burma Road public dock closed at 9pm- Action or report- Council will be reviewing signage, parking, paid parking, etc. in the fall when they review the Parking By-law.

7. Peter ten Cate- Electronic paid parking in Lion’s Head- Action or report- – Council will be reviewing signage, parking, paid parking, etc. in the fall when they review the Parking By-law.

8. Niagara Escarpment Biosphere- Agreement signed between the Niagara Escarpment Biosphere and Plenty Canada- Information

Note: Correspondence provided to Council through the Council agenda package will be classified into one of the following sub-categories:

Information Correspondence; Correspondence to be received and referred to staff for action or report; Correspondence for Council direction.

Resolution #25-16-2021, Moved by M. Myles, Seconded by J. Mielhausen

That the correspondence be received as information as printed and circulated.

Carried

Reading of By-Laws

Resolution #25-17-2021, Moved by L. Golden, Seconded by J. Mielhausen

By-law No. 2021-76

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 – Plan 630 Pt Lot 15 (Eastnor), Municipality of Northern Bruce Peninsula 

By-law No. 2021-77

Being a By-Law to Appoint Grey Sauble Conservation Authority, as the Risk Management Official and Risk Management Inspector for the Corporation of The Municipality of Northern Bruce Peninsula in Accordance with the Clean Water Act, 2006 

By-law No. 2021-78

Being a By-law to Authorize an Agreement with Her Majesty the Queen in Right of Ontario as Represented by the Minister of Agriculture, Food (Rural Economic Development Program) By-law No. 2021-78

By-law No. 2021-81

A by law to amend the Municipality of Northern Bruce Peninsula By-law 2002-54, as amended. (Kerton/Corcoran Zoning Amendment) 

By-law No. 2021-82

A by law to amend the Municipality of Northern Bruce Peninsula By-law 2002-54, as amended. (Reimer-Catteau) 

By-law No. 2021-87

Being a By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Monday, August 9, 2021 

Carried

Mayor McIver advised that Council was moving into closed meeting 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, e) litigation or potential litigation including matters before administrative tribunals affecting the municipality or local board, and f) advice that is subject to solicitor client privilege including communications necessary for that purpose (Native Land Claim).

Closed Session

Resolution #25-18-2021, Moved by D. Myles, Seconded by M. Myles

That Council moves into closed meeting at 2:17 p.m. pursuant to Section 239 (2) of The Municipal Act, 2001, as amended, for the following reasons: a) the security of the property of the Municipality or local board f) advice that is subject to solicitor-client privilege including communication necessary for that purpose (Shouldice Lake Road); f) advice that is subject to solicitor-client privilege including communication necessary for that purpose (Update on Municipal legal matters for 2021); b) personal matters about an identifiable individual including municipal or local board members and e) Litigation or potential litigation including matters before administrative tribunals affecting the Municipality or local board (former Accounts Receivable Clerk).

Reconvene from Closed Session to Resume Council Meeting

Resolution #25-19-2021, Moved by D. Myles, Seconded by L. Golden

That Council reconvenes from Closed Session at 2:51 p.m. and resumes the Council meeting.

Carried

Mayor McIver advised that Council received an update from the Municipal Solicitor regarding the Native Land Claim. 

Adjournment 

Resolution #25-19-2021, Moved by L. Golden, Seconded by J. Mielhausen

That the meeting adjourns at 2:52 p.m. Carried