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, Ryan Deska, Community Services Manager, Teresa Shearer, Treasurer, Troy Cameron, Public Works Manager, Carol Hopkins, Bylaw Enforcement Officer (via Zoom), Jack Burt, Fire Chief (via Zoom)
Others Present: Nil
Note: Members of Council and some staff were present in the Municipal Office Council Chamber and the meeting was held both in person and 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 Mielhausen declared a pecuniary interest with respect to Agenda Item #9 because “I own a business in the Municipality”.
Councillor Myles declared a pecuniary interest with respect to Agenda Item #9 because “I own a business in the Municipality”.
Approval of the Agenda
Resolution #30-01-2021, 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. 21-29, September 27, 2021
Councillor Golden requested an amendment to page 3 and the minutes were amended to read: “Councillor Golden commented on the pickleball area, the basketball court requiring improvements due to concrete damage, and a sewer pipe that needs relocating.”
Councillor Golden requested an amendment to page 4 and the minutes were amended to read “regulation of STA is a priority of ratepayers, consultation has been occurring for years, she is not going to excuse herself from the STA discussions based on a perceived conflict”.
Resolution #30-02-2021, Moved by J. Mielhausen, Seconded by M. Myles
That the minutes of Council Meeting No. 21-29, September 27, 2021 be approved as amended. Carried
Public Meeting – Nil
Delegation – Nil
Consideration of Agenda Items
1. GIS/IT Report No. 21-03
Re: Proposed Modernization Application for Digital Records Management Project
Kara Smith, GIS/IT Coordinator, summarized the digital records management project including a cloud based software with various features including optical character recognition.
Resolution #30-03-2021, Moved by D. Myles, Seconded by J. Mielhausen
THAT Council receives GIS/IT report GIS/IT 21-03 Proposed Modernization Application for Digital Records Management Project;
THAT Council supports the application for Modernization funding to implement a digital records management project;
AND THAT Council supports the allocation of the remaining Modernization Reserve funds towards the Server and Existing Hardware Upgrade Project. Carried
2. Public Works Manager Report No. PW 21-29
Re: Lion’s Head Sidewalk Tender
Troy Cameron, Public Works Manager, noted that staff were of the opinion that the bid was high for the scope of work being completed and recommend that a new tender be posted in the winter of 2022 to gain more interest and lower costs.
Councillor Myles recommended that Council pass a resolution directing staff to submit a request with Bruce County for the continuation of paved shoulders over Bannister Hill in Lion’s Head to address drainage and safety concerns at the intersection of Bruce Road 29 and Chetwynd Lane.
Resolution #30-04-2021, Moved by J. Mielhausen, Seconded by M. Myles
THAT Council receives Public Works Department Report PW 21-29 titled Lion’s Head Sidewalk Tender, as information;
AND THAT Council does not award the Lion’s Head Sidewalk Tender to Neptune Security Services in the amount of $421,877.70.
AND THAT Council considers the Lion’s Head Sidewalk Project during the 2022 Budget discussions. Carried
Resolution #30-05-2021, Moved by M. Myles, Seconded by J. Mielhausen
That Council directs staff to submit a request to Bruce County Council for the continuation of paved shoulders over Bannister Hill in Lion’s Head to address drainage and safety concerns;
And further consideration for safety and drainage concerns at the intersection of Bruce Road 29 and Chetwynd Lane. Carried
3. Community Services Manager Report No. CS 21-23
Re: Attainable Housing RFP Outcome
Peggy Van Mierlo-West, CAO, indicated that the consultant working with the Attainable Housing Task Force can submit zoning by-law changes to staff for inclusion in the upcoming Building Department report outlining zoning by-law amendments.
Ryan Deska, Community Services Manager, advised that the Attainable Housing Task Force will work with the consultant in addition to completing independent work.
Resolution #30-06-2021, Moved by D. Myles, Seconded by L. Golden
THAT Council receives Manager of Community Services report CS 21-23, Attainable Housing RFP Outcome
AND THAT Council approves the recommendation of the Attainable Housing Committee to award the contract to complete the MNBP Attainable Housing Strategy to SHS Consulting in the amount of $34,728.00 plus H.S.T., to be completed by the end of March 2022. Carried
4. Community Services Manager Report No. 21-24
Re: Lion’s Head 2021 Dock Damage
Deputy Mayor Myles presented a paper copy of questions regarding the Lion’s Head dock damage to the Clerk for the record.
The Deputy Mayor expressed her apprehension with the Municipality not following the recommendations within a previous Marine Engineer report.
Ryan Deska, Community Services Manager, noted that the municipal insurance company recently sent an engineer and an insurance adjustor to evaluate the damage to the docks from the September 2021 storm. He noted the overall assessment found the Lion’s Head Harbour in good condition and the damage was unavoidable due to the severe weather event. Further, he stated the storm showed no correlation between boat length and docks that sustained damage. Ryan Deska stated that improvements to the break wall may improve wave severity.
Councillor Myles asked that funds for a coastal engineer to address the break wall be included in the 2022 budget deliberations
The Deputy Mayor called for a judicial review of the whole working of the Municipality.
Resolution #30-07-2021, Moved by L. Golden, Seconded by J. Mielhausen
THAT Council receives Manager of Community Services report CS 21-24, Lion’s Head 2021 Dock Damage as information. Carried
5. Deputy Clerk Report No. DC 21-06
Re: Multi-Year Accessibility Plan 2022-2026
Councillor Golden commended the Deputy Clerk on the 2022-2026 Multi-Year Accessibility Plan and the Municipality on its accomplishments relating to accessibility throughout the years.
Resolution #30-08-2021, Moved by M. Myles, Seconded by J. Mielhausen
That Council receives Deputy Clerk Report DC 21-04 titled Multi-Year Accessibility Plan 2022-2026 as information;
And that Council will consider passage of By-law No. 2021-80, Being a By-law to Establish a Multi-year Accessibility Plan for the Corporation of the Municipality of Northern Bruce Peninsula, at its regular meeting on October 25, 2021. Carried
6. Treasurer Report No. TR 21-20
Re: OPP Annual Billing Statement
Resolution #30-09-2021, Moved by D. Myles, Seconded by L. Golden
That Council receives Treasurer’s Report TR21-20 as information regarding the 2022 OPP Annual Billing Statement. Carried
7. Clerk Report No. C 21-51
Re: NEC Applicant & Owners: Oscar Rombola & Cristina Postigo
Agent: Ducks Unlimited Canada
Location: Lot 33, Concession 8 EBR, 8 Britain Lake Road, Municipality of Northern Bruce Peninsula (Lindsay), County of Bruce
Roll No.: 41-09-660-004-03100
File Number: B/F/2021-2022/140
Resolution #30-10-2021, Moved by D. Myles, Seconded by M. Myles
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 Oscar Rombola and Cristina Postigo and Ducks Unlimited Canada acting as their Agent, for the property known as Lot 33, Concession 8 EBR, 8 Britain Lake Road, Municipality of Northern Bruce Peninsula (Lindsay), County of Bruce, who is seeking approval to construct an off-line pond with a water surface area of a ± 0.2 ha (± 0.5 ac) with an average depth of ± 0.68 m (± 2.25 ft) and a maximum depth of ± 1.3 m (± 4.5 ft), rip rap lined overflow and spoil piles graded and seeded to a height less than 1 m (3.3 ft), on a 41.2 ha (101.7 ac) existing lot of record containing a seasonal dwelling and agricultural use. Carried
8. Clerk Report No. C 21-52
Re: NEC Applicant & Owner: Luke Liverance
Location: Part Lot 8, Concession 9 EBR, 2037 Bruce County Rd 9, Municipality of Northern Bruce Peninsula (Eastnor), County of Bruce
Roll No.: 41-09-620-009-02610
File Number: B/F/2020-2021/622
Resolution #30-11-2021, Moved by L. Golden, Seconded by J. Mielhausen
That Council directs staff to submit the Municipality’s comment’s to the Niagara Escarpment Commission (NEC), regarding the Development Permit application submitted by the applicant owner, Luke Liverance for the property known as Part Lot 8, Concession 9 EBR, 2037 Bruce County Rd 9, Municipality of Northern Bruce Peninsula (Eastnor), County of Bruce who is seeking approval to construct an addition measuring 269.7 sq m (2900 sq ft) that would join two existing accessory buildings to accommodate an expansion of a welding shop that services the farm community; and
That Senior Management reviewed the request and expressed the following concerns:
-a side yard setback of 10 metres is required in a RU1 zone;
-any changes to the entrance to the property would have to be addressed through Bruce County, as the driveway enters onto a county road;
-sewage system requirements for employees needs to be addressed;
-the rural business home-based square footage exceeds the zone requirement. Carried
Having declared conflicts of pecuniary interest, Councillor Myles and Councillor Mielhausen did not participate in the following portion of the meeting.
9. Clerk Report No. C 21-53
Re: Business Licencing
Council discussed business licensing options, such as public education without enforcement.
The CAO noted that business licensing is a separate process from short term accommodation licensing.
Mayor McIver commented on the workload associated with licensing.
Council and staff discussed food trucks requiring site plan approval through the Building Department.
Staff were directed to bring back a report outlining the option of business licensing compared to business education.
Resolution #30-12-2021, Moved by D. Myles, Seconded by L. Golden
That Council receives the business licensing documents as information. Carried
Councillor Myles and Councillor Mielhausen resumed participation in the meeting at this time.
10. Clerk Report No. C 21-54
Re: 2022 Council Meetings and Important Election Dates for 2022
Resolution #30-13-2021, Moved by J. Mielhausen, Seconded by M. Myles
THAT Council approves an exemption to Section 46 of the Procedural By-law (No. 2021-08) wherein the scheduling of its regular Council meetings at 1 p.m. in the Council Chambers for the dates in 2022, as follows:
Cancelled: Monday, May 23, 2022, Rescheduled to: Tuesday, May 24, 2022 (due to Victoria Day holiday)
Cancelled: Monday, October 10, 2022, Rescheduled to: Tuesday, October 11, 2022 (due to Thanksgiving holiday)
Cancelled: Monday, October 24, 2022, Rescheduled to: Monday, November 7, 2022 (due Voting Day for 2022 Municipal Election)
Cancelled: Monday, November 14, 2022, Rescheduled to: Tuesday, November 15, 2022 – New Term of Council – including inauguration of 2022-2026 Council)
Cancelled: Monday, December 26, 2022, Rescheduled to: Monday, December 19, 2022 (due to Boxing Day holiday) Carried
11. Chief Administrative Officer Report No. CAO 21-42
Re: Communication Tower Lease Agreement
Resolution #30-14-2021, Moved by D. Myles, Seconded by L. Golden
THAT, Council receives report CAO 21-42; AND;
THAT, Council approves the attached agreement and By-law No. 2021-98 with Shared Tower Inc, AND;
THAT, Council approved construction of a communication tower located at St. Edmunds Landfill located at 71 McArthur Rd Tobermory. Carried
12. Chief Administrative Officer Report No. CAO 21-43
Re: Communication Tower Lease Agreement – Lion’s Head Fire Hall
Resolution #30-15-2021, Moved by M. Myles, Seconded by J. Mielhausen
THAT, Council receives report CAO 21-43; AND;
THAT, Council approves the attached agreement with Signum Wireless and By-law No. 2021-99, and;
THAT, Council approves construction of a communication tower located at Lion’s Head Fire Hall located at; 90 Main Street, Lion’s Head. Carried
13. Chief Administrative Officer Report No. CAO 21-45
Re: Third Quarter Report
Councillor Golden stated that the Municipality should be receiving support from upper levels of government as there was a high number of calls for search and rescue on provincial and federal properties in the third quarter.
Councillor Golden stated that the washrooms at the Tobermory Community Centre are not functional due to no water connection. She recommended a backup plan of deepening the existing well in the instance that funding is not approved for the Tobermory Water Project. The CAO noted that Ontario Clean Water Association (OCWA) can provide comment regarding the water issue and options
Resolution #30-15-2021, Moved by L. Golden, Seconded by J. Mielhausen
THAT, Council receives report CAO 21-45 for information. Carried
14. Chief Administrative Officer Report No. CAO 21-46
Re: RFP Consulting Services – Recreational Masterplan
The CAO advised that a separate request for proposals (RFP) is in progress for energy audits.
Resolution #30-16-2021, Moved by M. Myles, Seconded by J. Mielhausen
THAT, Council receives report CAO 21-46 titled RFP Consulting Services – Recreational Masterplan, AND;
THAT Council approves McQueen Galloway Associates proposal in the amount of $69,900 (excluding HST) for the completion of the Northern Bruce Peninsula Recreation Masterplan and Lion’s Head Waterfront Revitalization Study.
15. Accounts Payable September 2021 Voucher
Councillor Golden noted that the September 2021 voucher includes substantial payments to the County of Bruce for 1,763,699.00 and $637,000.00 to school boards.
Resolution #30-17-2021, Moved by J. Mielhausen, Seconded by M. Myles
That Council receives approved Accounts Payable Voucher in the amount of $3,119,405.48. Carried
16. 21-04 Attainable Housing Task Force- August 5, 2021 Minutes
Resolution #30-18-2021, Moved by D. Myles, Seconded by L. Golden
That Council receives Attainable Housing Task Force minutes dated August 5, 2021 and approves all actions contained therein. Carried
17. 21-03 September 7, 2021 Ad Hoc Museum Minutes
Resolution #30-19-2021, Moved by D. Myles, Seconded by J. Mielhausen
That Council receives Ad Hoc Museum Committee minutes dated September 7, 2021 and approves all actions contained therein. Carried
18. Resolution- Municipality of Chatham-Kent- OHIP Eye Care
Resolution #30-20-2021, Moved by L. Golden, Seconded by M. Myles
That Council supports a resolution from the Municipality of Chatham-Kent regarding a resolution passed by the Council of Trent Lakes with respect to OHIP Eye Care. Carried
19. Resolution- Municipality of Chatham-Kent- Renovictions
Resolution #30-21-2021, Moved by M. Myles, Seconded by J. Mielhausen
That Council receives the attached resolution as information. Carried
20. Resolution- Municipal and School Board Election Day 2022
Resolution #30-22-2021, Moved by M. Myles, Seconded by J. Mielhausen
WHEREAS Monday, October 24 2022 is Municipal and School Board election day, and municipal clerks who administer Municipal and School Board elections are in the middle of planning for this important democratic event.
AND WHEREAS municipalities have statutory authority to use schools as polling places under section 45 of the Municipal Elections Act, 1996.
AND WHEREAS schools are often the largest, most centrally located and accessible facility in communities which make them ideal locations to host polling stations.
AND WHEREAS many school boards across the Province already work with municipalities to schedule a Professional
Development Days (PD Days) on municipal election day every four years.
AND WHEREAS the Municipality of Northern Bruce Peninsula municipal clerk runs the elections for English Public-School Board, English Catholic School Board, French Public-School Board and French Catholic Separate School Board.
AND WHEREAS in 2018, approximately 25% of school boards agreed to make Municipal and School Board Election Day a PD Day. Approximately another 60% had PD days in October already. Almost 30% of had days within a week of municipal election day and there are a number of school boards that schedule PD Days on Mondays already. And therefore, it is possible to make arrangements for a PD Day to fall on Municipal and School Board Election Day.
AND WHEREAS school boards and municipalities can work together, to increase these rates and make it easier for local voters to cast their ballots while ensuring student safety.
AND WHEREAS partnering with municipalities once every four years to ensure that municipal and school board elections fall on a PD Day has a number of benefits to School boards, schools and the broader community including:
· Easing the facilitation of Election Day so that Clerks can ensure a smooth democratic process which elects school board trustees as well as local council members.
· Ensuring public health promotion and protection through more adequate physical distancing in these larger venues.
· Enhancing the principles of safe schools for both students and teachers by reducing the number of people in the school.
· Providing voters with a large, accessible location to cast their votes for their school board and municipal representatives.
AND WHEREAS school boards are entering into deliberations about the 2022-2023 School year calendar in order to submit their proposed calendars to the Ministry of Education by May 2022.
BE IT RESOLVED the Municipality of Northern Bruce Peninsula request that the English Public-School Board, English Catholic School Board, French Public-School Board and French Catholic Separate School Board schedule a Professional Development Day on Municipal and School Board Election Day, October 24th 2022. Carried
Other Business
Councillor Myles suggested posting a survey on Let’s Talk NBP (Bang the Table) to receive public comments regarding paid parking in 2021. Public comments will be provided to Council including revenues for each parking machine location. A Special Council meeting is scheduled for October 25, 2021 regarding parking.
Councillor Golden commented on the possibility of Santa Claus parades in 2021. The Clerk will investigate options for Lion’s Head and Tobermory locations.
Councillor Golden asked that the Municipality request the results of the RFP from Parks Canada regarding Flowerpot Island and Big Tub Harbour. Councillor Myles noted that Parks Canada had provided information regarding this topic to the Tobermory Chamber of Commerce.
Correspondence
1. Bruce County Notice of Special Council Meeting- October 21, 2021 County Official Plan- Information
2. Ministry of Municipal Affairs and Housing- Expiry of Temporary Regulations Limiting Municipal Authority to Regulate Construction Noise- Information
3. Aggregates and Ready Mix- Effective January 1, 2022 Aggregate Prices Will Increase by 10%- 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 #30-23-2021, Moved by D. Myles, Seconded by M. Myles
That the Correspondence Items be received as information as printed and circulated.
Carried
Reading of By-Laws
By-law No. 2021-95
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 – Con 5 To 6 WBR Pt Lot 15; 4109 680 001 07300; 22 Scugog Lane, Municipality of Northern Bruce Peninsula
By-law No. 2021-96
Being a By-Law to Authorize a Lease Agreement Between Iron League Sports and Promotions (owned and operated by Dale Waples) and the Municipality of Northern Bruce Peninsula
By-law No. 2021-101
Being a By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Tuesday, October 12, 2021
Resolution #30-24-2021, Moved by L. Golden, Seconded by D. Myles
That the listed by-law(s) be given 1st, 2nd, and 3rd reading, and enacted.
Carried
Mayor McIver advised that Council was moving into closed session for the following reasons: b) personal matters about an identifiable individual including municipal or local board members, d) labour relations or employee negotiations – Human Resources – Municipal staffing.
Closed Session
Resolution #30-25-2021, Moved by J. Mielhausen, Seconded by M. Myles
That Council move into closed meeting at 2:51 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, d) labour relations or employee negotiations – Human Resources – Municipal staffing.
Carried
Reconvene from Closed Session to Resume Council Meeting
Resolution #30-26-2021, Moved by L. Golden, Seconded by M. Myles
That Council reconvenes from Closed Session at 3:24 p.m. and resumes the Council meeting.
Carried
Mayor McIver advised that Council received information regarding human resources and provided direction to staff.
Adjournment
Resolution #30-27-2021, Moved by D. Myles, Seconded by J. Mielhausen
That the meeting adjourns at 3:25 p.m.
Carried
