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, Teresa Shearer, Treasurer, Ryan Deska, Community Services Manager, Wendy Elliott, Chief Building Official, Carol Hopkins, Bylaw Enforcement Officer
Others Present: Doctor Brian Taylor, Barb Harron, Manager of Medical Imaging at the Lion’s Head Hospital, Kathy Beattie, Corporate Director of Medical Imaging & Cardiology at Grey Bruce Health Services, April Patry, Executive Director, Bruce Peninsula Hospitals Foundation, Ethan Meleg, Acting Parks Canada Superintendent, Brian McHattie, Acting Parks Canada Partnership and Engagement Officer
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 1:01 p.m. and Council members were reminded to disclose any pecuniary interest and the general nature thereof that may arise during the meeting.
Councillor Mielhausen declared a conflict of pecuniary interest on Agenda Item #11 and Correspondence Item #9 as he is a “part owner in a STA”.
Councillor Myles declared a conflict of pecuniary interest on Agenda Item #11 and Correspondence Item #9 “because I own/operate a hostel/B&B in the Municipality”.
Approval of the Agenda
Resolution #27-01-2021, Moved by J. Mielhausen, Seconded by M. Myles
That the content of the agenda be approved as printed.
Carried
Adoption of the Minutes
Re: Council Meeting No. 21-26, August 23, 2021
Resolution #27-02-2021, Moved by D. Myles, Seconded by L. Golden
That the minutes of Council Meeting No. 21-26, August 23, 2021 be approved as printed and circulated.
Carried
Public Meeting
Nil
Delegation
Delegation #1
Bruce Peninsula Hospitals Foundation, April Patry
Re: Replacement of Diagnostic Imaging equipment at Grey Bruce Health Services, Lion’s Head Site
Doctor Brian Taylor; Barb Harron, Manager of Medical Imaging at the Lion’s Head Hospital; Kathy Beattie, Corporate Director of Medical Imaging & Cardiology at Grey Bruce Health Services; and April Patry, Executive Director, Bruce Peninsula Hospitals Foundation; joined the meeting via Zoom.
Brian Taylor emphasized the need for a new x-ray machine at the Lion’s Head Hospital. He advised that he has been in contact with a radiologist in Owen Sound, ER staff in Lion’s Head, and family doctors regarding the need for new equipment. He noted that the quality of the x-ray equipment in Lion’s Head should be improved; there is an opportunity for higher quality images; there has been an exponential increase in the volume of ER cases in Lion’s Head; patient care slows down with poor quality equipment; and if the imaging is not satisfactory then x-rays must be repeated.
Barb Harron indicated that there has been an influx in tourists in the area resulting in increased ER visits for broken ankles and other inquiries sustained when hiking. She stated that medical imaging is available 24/7 at Grey Bruce sites and they are currently operating a hybrid system with permanent and portable x-ray units but are striving for standardized equipment and better image quality for all hospitals.
Barb Harron described the future state of hospitals with the new equipment as having lower radiation doses, higher image quality, integrated workflows for staff and wireless information transfer, and better access to quality images and immediate access to reference the images for physicians. Potential future advancements include artificial intelligence integration and advanced imaging. Barb Harron advised that the roll-out scheduled is prioritized based on operational need and Lion’s Head is planned for 2022/23.
Councillor Myles questioned the ER visit case numbers and commented on investigating how tourism affects local healthcare.
Mayor McIver thanked Doctor Brian Taylor, Barb Harron, Kathy Beattie, and April Patry for their presentation and advised that Council will consider their request during budget deliberations.
Delegation #2
Parks Canada- Fathom Five National Marine Park, Ethan Meleg and Brian McHattie
Re: Applications to Transport Canada under their Vessel Operating Restriction Regulations within the Canada Shipping Act for changes in Big Tub Harbour
Ethan Meleg, Acting Parks Canada Superintendent, and Brian McHattie, Acting Parks Canada Partnership and Engagement Officer, presented regulatory and policy updates for Big Tub Harbour, Fathom Five National Marine Park. It was noted that the changes are being proposed to improve safety.
Ethan Meleg identified growth in Flowerpot Island visitation noting a 600% increase over 10 years and increased congestion and safety concerns. He commented on business licensing, the Comprehensive Visitor Use Management Tool, Call for Applications, and compliance monitoring.
The Vessel Operating Restriction Regulations (VORRs) were described by Ethan Meleg as Transport Canada Regulations under the Canada Shipping Act. Further, allowing a local authority to ask the federal government to restrict any pleasure craft or commercial vessel for any of the three reasons: enhance safety, protect the environment, and protect the public interest. Ethan Meleg summarized the Parks Canada Big Tub Harbour Operational Policy which includes the schedule of access for commercial tour and dive boats, limits the number of vessels, and types of vessels.
Ethan Meleg indicated that the proposed changes for 2022 include an application to expand and include the wider part of the channel to improve vessel access management, navigation, and improve congestion; apply to install 10 km/hr speed limit in Big Tub Harbour; and change the Operational Policy to prohibit private motorized vessel in VORR area.
Consultations and comments were reviewed by Ethan Meleg noting 1,700 information cards distributed by Municipal Harbour staff, no objections from Saugeen Ojibway Nation (SON), and support from the Big Tub Harbour Citizens Committee.
Ethan Meleg informed that the application to make the above noted changes is being submitted on September 15, 2021 and the public input period has been extended to September 28, 2021. The changes may be delayed and implemented in 2023.
Ethan Meleg confirmed that commercial tour and dive boats are still permitted to enter the area, but permits will be discontinued for motorized vessels that are not commercial, apart from abutting landowners and possibly guests.
Councillor Golden emphasized that Council represents ratepayers in the Municipality and should be an informed as possible. She commented and expressed concern on the Call for Applications/Request for Proposals process; the Municipality being unprepared to begin issuing business licences; the Big Tub Harbour already being posted as “no wake”; enforcement for the proposed speed limit in Big Tub Harbour; criteria for owners to obtain licences for vessels; lack of consultation with landowners; information contained on the 1,700 cards distributed by the Municipality; support from commercial tour and dive boat companies; and the VORR application deadline and public input period. Councillor Golden presented questions regarding the above noted comments and requested a written response from Parks Canada. She stated that Parks Canada should not have control over private properties including docks.
Councillor Myles requested the number of private vessels entering the area and private permits issued per year, questioned the enforcement plan, noted the need for clearer boating rules, and requested feedback to assist the Sustainable Tourism Action Group.
Ethan Meleg stated that he will provide written responses to Councillor Golden and Councillor Myles to be included on the September 27, 2021 Council agenda.
Consideration of Agenda Items
1. GIS/IT Coordinator Report No. GIS/IT 21-02
Re: Modernization Funding Request
Council and staff discussed the importance of the installation of fibre internet at multiple locations with the project allowing all locations to use the same network.
Kara Smith, GIS/IT Coordinator, confirmed a monthly cost of $2,600 plus HST to provide fibre service to the locations.
Resolution #27-03-2021, Moved by M. Myles, Seconded by J. Mielhausen
THAT Council receives GIS/IT 21-02 report titled Modernization Funding Request, AND;
THAT Council supports the purchasing and implementation of the equipment required for the scope of this Municipal Modernization Project up to $150,000.
Carried
2. Chief Building Official Report No. BD 21-27
Re: Trailer Agreement
Applicant/Owner (s): Tony Barraco and Mary Barraco
Plan 509 Lot 53, 58 McIvor Drive, Municipality of Northern Bruce Peninsula, County of Bruce
Assessment Roll No. 41 09 660 001 25407
Resolution #27-04-2021, Moved by L. Golden, Seconded by D. Myles
That Council recommends approval of the Trailer Agreement requested by the property owners, namely Tony Barraco and Mary Barraco for the property legally described as Plan 509 Lot 53; 58 McIvor Drive (Assessment Roll No. 41 09 660 001 25407) 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
3. Chief Building Official Report No. BD 21-28
Re: Trailer Agreement
Applicant/Owner (s): Normand Joseph Martel and Julie Ann Martel
Con 6 WBR Pt Lot 22, 198 White Cedar Road, Municipality of Northern Bruce Peninsula, County of Bruce
Assessment Roll No. 41 09 660 001 19805
Resolution #27-05-2021, Moved by J. Mielhausen, Seconded by M. Myles
That Council recommends approval of the Trailer Agreement requested by the property owners, namely Normand Joseph Martel and Julie Ann Martel for the property legally described as Con 6 WBR Pt Lot 22; 198 White Cedar Road (Assessment Roll No. 41 09 660 001 19805) 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
4. Chief Building Official Report No. BD 21-29
Re: Trailer Agreement
Applicant/Owner (s): Tammy Lynn Steinbach
Con 7 WBR Pt Lot 21, 41 Youngblood Road, Municipality of Northern Bruce Peninsula, County of Bruce
Assessment Roll No. 41 09 660 001 23800
Resolution #27-06-2021, Moved by D. Myles, Seconded by L. Golden
That Council recommends approval of the Trailer Agreement requested by the property owners, namely Tammy Lynn Steinbach for the property legally described as Con 7 WBR Pt Lot 21; 41 Youngblood Road (Assessment Roll No. 41 09 660 001 23800) 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
5. Chief Building Official Report No. BD 21-30
Re: Trailer Agreement
Applicant/Owner (s): Troyan Babyn on behalf of
Construction Com Group Ltd.
Plan 402 Lot 42 & 43, Unassigned; Whippoorwill Road, Municipality of Northern Bruce Peninsula, County of Bruce
Assessment Roll No. 41 09 620 006 25800
Resolution #27-07-2021, Moved by D. Myles, Seconded by J. Mielhausen
That Council recommends approval of the Trailer Agreement requested by the property owners, namely Troyan Babyn on behalf of Construction Com Group Ltd. for the property legally described as Plan 402 Lot 42 & 43; Unassigned on Whippoorwill Road (Assessment Roll No. 41 09 620 006 25800) 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
6. Clerk Report No. C 21-49
Re: NEC Applicant: Troy Hunter
Owners: Troy Hunter & Sherri Hunter-Locke
Location: Part Lot 22, Plan M-117, Municipality of Northern Bruce Peninsula (Eastnor), County of Bruce
Roll No.: 410962000912512
File Number: B/R/2020-2021/662
Resolution #27-08-2021, Moved by M. Myles, Seconded by J. Mielhausen
That Council directs staff to submit the Municipality’s position of no objection to the Niagara Escarpment Commission (NEC), regarding the Development Permit application submitted by the applicant owners Troy Hunter and Sherri Hunter-Locke, for property known as Part Lot 22, Municipality of Northern Bruce Peninsula (Eastnor), County of Bruce, who is seeking approval to construct and develop the following on a ±0.4 ha (±0.98 ac) existing lot:
• a single storey dwelling with walkout, (recreational cottage use) with a footprint
measuring ±300.7 m² (±3,236.3 ft²) and a maximum height of ±9.33 m (30.6 ft);
• deck along the water side of the proposed cottage;
• extend the existing driveway to provide access to the proposed cottage;
• install a private sewage disposal system, and well; and
• utilize an existing historical cabin (built in 1939 without plumbing, heating, or electricity) as a day cabana to support beach activities and storage of outdoor recreational equipment.
Carried
7. Clerk Report No. C 21-50
Re: 2022 Municipal Election Method of Voting By-law
The Clerk advised that municipalities within Bruce County are planning to select the same service provider to encourage cost savings and scrutineers will be included in the Elections Policy and Procedures Manual.
Resolution #27-09-2021, Moved by D. Myles, Seconded by L. Golden
THAT Council authorizes the passage of By-law No. 2021-92, being a by-law to authorize an alternative voting method, being telephone and internet voting, for the 2022 Municipal Election and School Board Elections in the Municipality of Northern Bruce Peninsula, at its regular meeting on Monday, September 27, 2021.
Carried
8. Chief Administrative Officer Report No. CAO 21-37
Re: Tobermory Water- Investing in Canada Infrastructure Program Green Stream Grant
A lengthy discussion ensued regarding the grant not accepting expansion projects, only upgrades. The CAO stated that expanding water lines would require an environmental assessment process, expansion, and establishment of user fees. Peggy Van Mierlo-West stated that expansions are possible for the future.
Mayor McIver requested a staff report outlining the process/implications of expanding the Tobermory water system to the downtown area.
The CAO noted that the timeline for being notified of approval for the grant application is uncertain.
Resolution #27-10-2021, Moved by L. Golden, Seconded by D. Myles
THAT, Council receives the report titled, Tobermory Water- Investing in Canada Infrastructure Program Green Stream Grant, AND;
THAT; the Municipality of North Bruce Peninsula submits a funding application to the Investing in Canada Infrastructure Program- Green Stream for upgrades to the Little Tub Water Treatment Plant and the installation of a watermain to connect to the Bradley Davis Senior Apartments, Tobermory Community Centre, ball diamond washrooms and Tobermory Fire Hall and EMS Station.
Carried
9. Chief Administrative Officer Report No. CAO 21-38
Re: National Day of Truth and Reconciliation Declaration
Resolution #27-11-2021, Moved by M. Myles, Seconded by L. Golden
That the “Every Child Matters” flag be flown at half-mast at the Municipal Office and the Tobermory Community Centre on September 30th, to acknowledge National Day for Truth and Reconciliation; and,
That Council adopt the following resolution:
WHEREAS the Truth and Reconciliation Commission (TRC) released its final report on June 2, 2015, which included 94 Calls to Action to redress the legacy of residential schools and advance the process of Canadian reconciliation;
AND WHEREAS the recent discoveries of remains and unmarked graves across Canada have led to increased calls for all levels of government to address the recommendations in the TRC’s Calls to Action;
AND WHEREAS all Canadians and all orders of government have a role to play in reconciliation;
AND WHEREAS Recommendation #80 of the Truth and Reconciliation Commission called upon the federal government, in collaboration with Aboriginal peoples, to establish, as a statutory holiday, a National Day for Truth and Reconciliation to ensure that public commemoration of the history and legacy of residential schools remains a vital component of the reconciliation process;
AND WHEREAS the Federal Government has announced September 30th, 2021, as the first National Day for Truth and Reconciliation (National Orange Shirt Day) and a statutory holiday;
THEREFORE, BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Northern Bruce Peninsula does hereby commit to recognizing September 30th, 2021, as the National Day for Truth and Reconciliation.
Carried
10. Chief Administrative Officer Report No. CAO 21-39
Re: Office Opening Procedures and Council Meeting Guidelines
Resolution #27-12-2021, Moved by D. Myles, Seconded by J. Mielhausen
THAT Council receives CAO 21-39 report on Office Opening Procedures and Council Meeting Guidelines, as information.
Carried
Having declared conflicts of interest, Councillor Mielhausen and Councillor Myles did not participate in the following portion of the meeting.
11. Chief Administrative Officer Report No. CAO 21-40
Re: Short Term Accommodation Bylaw and Municipal Accommodation Tax Bylaw Solicitor Review Update
Resolution #27-13-2021, Moved by D. Myles, Seconded by L. Golden
That Council receives report titled Short Term Accommodation Bylaw and Municipal Accommodation Tax Bylaw Solicitor Review Update for information.
Carried
Councillor Mielhausen and Councillor Myles resumed participation in the meeting at this time.
12. Chief Administrative Officer Report No. CAO 21-41
Re: Parking Lot Proposal Hay Bay Road and 22 Legion Street
Resolution #27-14-2021, Moved by J. Mielhausen, Seconded by M. Myles
That Council receives report titled Parking Lot Proposal Hay Bay Road and 22 Legion Street for information. Carried
13. Ad Hoc Museum Committee Minutes
Re: August 3, 2021
Resolution #27-15-2021, Moved by L. Golden, Seconded by D. Myles
That Council receives Ad Hoc Committee minutes dated August 3, 2021 and approves all actions contained therein.
Carried
14. Accounts Payable Voucher
Re: August 2021
Council briefly discussed payments to OPP.
Resolution #27-16-2021, Moved by J. Mielhausen, Seconded by M. Myles
That Council receives approved Accounts Payable Voucher in the amount of $2,109,926.99.
Carried
Other Business
Councillor Golden discussed allowing Committees to arrange and conduct work related to municipal facilities. The CAO indicated that the Senior Management Team will discuss this request and review the Ad Hoc Museum Committee’s Terms of Reference.
Deputy Mayor Myles suggested Council amend the Procedural By-law to implement a “question and answer period”.
1. Chris McCoy- Parks Canada’s Proposed Access Restrictions to Big Tub Harbour- Information
2. Steve Garganis- Proposed VORR Yellow Zone in Big Tub Harbour- Information
3. Elaine Sinha- Proposed Changes to Big Tub Harbour- Information
4. Amy Prendergast- Parking Pass System Concerns- Action or report- Staff will review during the Special Council meeting in October regarding parking
5. Tara Harpur- Tobermory Trail Race Weekend September 18-19, 2021- Action or report
Resolution #27-17-2021, Moved by L. Golden, Seconded by J. Mielhausen
That Council supports requests from Tara Harpur regarding the Tobermory Trail Race Weekend on September 18-19, 2021.
Carried
6. Patricia Greig- Peninsula Action Committee for Education Request for Support- Action or report
Resolution #27-18-2021, Moved by M. Myles, Seconded by J. Mielhausen
That the Municipality of Northern Bruce Peninsula apply for a grant from the Community Foundation Grey Bruce, on behalf of the Peninsula Action Committee for Education (PACE) to support the needs and experience of the rural student’s research project. Carried
7. David Bray- Getting VON Home Care Back in North Bruce- Action or report- Staff to prepare a report to Council
8. Denise Blake- Concerns with Visitor Parking in Barrow Bay and Request for Signage- Action or report- Staff will review during the Special Council meeting in October regarding parking
Having declared conflicts of interest, Councillor Mielhausen and Councillor Myles did not participate in the following portion of the meeting.
9. David O’Leary- STA Proposed By-law Suggestions- Information
Councillor Mielhausen and Councillor Myles resumed participation in the meeting at this time.
10. Grey Bruce Public Health Media Release- Rapid Antigen Testing Kits- Information
11. Ministry of Agriculture, Food and Rural Affairs- Application Intake for Rural Economic Development (RED) Program- Information- Staff to investigate
12. Grey Sauble Conservation Authority- Board Meeting Highlights- July 28, 2021- Information
13. AMO Policy Update- Proof of Vaccination Certificates- 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 #27-17-2021, Moved by M. Myles, Seconded by J. Mielhausen
That Correspondence Items #1-4, 7-8, and 10-13 be received as information as printed and circulated.
Carried
Resolution #27-18-2021, Moved by D. Myles, Seconded by L. Golden
That Correspondence Item #9 be received as information as printed and circulated.
Carried
Reading of By-Laws
Resolution #27-18-2021, Moved by D. Myles, Seconded by M. Myles
By-law No. 2021-89
Being a By-Law to Appoint Tile Drainage Inspectors for the Municipality of Northern Bruce Peninsula
By-law No. 2021-93
Being a By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Monday, September 13, 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 #27-19-2021, Moved by D. Myles, Seconded by M. Myles
That Council moves into closed meeting at 2:49 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, 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).
Reconvene from Closed Session to Resume Council Meeting
Resolution #27-20-2021, Moved by L. Golden, Seconded by D. Myles
That Council reconvenes from Closed Session at 3:14 p.m. and resumes the Council meeting.
Carried
Mayor McIver advised that Council received an update on potential litigations affecting the Municipality regarding the Native Land Claim and provided staff direction.
Adjournment
Resolution #27-21-2021, Moved by J. Mielhausen, Seconded by M. Myles
That the meeting adjourns at 3:15 p.m.
Carried
