Municipality of Northern Bruce Peninsula Council Meeting Minutes No. 21-37 December 13, 2021

117

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

Members Absent: Bylaw Enforcement Officer – Carol Hopkins, Treasurer – Teresa Shearer, Chief Building Official – Wendy Elliott 

Staff Present: Chief Administrative Officer – Peggy Van Mierlo-West, Clerk – Cathy Addison, Deputy Clerk – Tessa Swanton, GIS/IT Coordinator – Kara Smith, Manager of Community Services – Ryan Deska, Public Works Manager – Troy Cameron, Fire Chief – Jack Burt

Others Present: John Hasselmayer, Parks Canada, Joel Levesque, Barrow Bay Property Owners Association

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.

Call to Order and Disclosure of Pecuniary Interest and the 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.

Deputy Mayor Myles declared a conflict of interest on “closed meeting as Cheri is my daughter”. 

Councillor Mielhausen declared a conflict of interest on Agenda Item #10 (Integrity Commissioner Report November 9, 2021) “as it is all about me”. 

Approval of the Agenda

#37-01-2021

Moved By Councillor Megan Myles, Seconded by Councillor James Mielhausen

That the content of the agenda be approved as presented.

Carried

Adoption of the Minutes

Re: Council Meeting No. 21-35, November 22, 2021

Deputy Mayor Myles noted that the sentence pertaining to the Mayor reporting out of Closed Session should be added to the minutes.

#37-02-2021

Moved By Councillor Laurie (Smokey) Golden, Seconded by Deputy Mayor Debbie Myles

That the minutes of Council Meeting No. 21-35, November 22, 2021 be approved as amended. 

Carried

Public Meeting

Public Meeting Notice- Zoning By-law Amendment Z-2021-078

Daniel Kingsbury, Bruce County Planning, appeared before Council via Zoom to present a summary of the Zoning By-law Amendment for 76 and 78 Stokes River Road (Keller). 

He noted that they are proposing a site specific Zoning By-law Amendment to construct a cottage and sewage system. A portion of the lands are below the 100-year flood line. The amendment will address the 100-year flood line area as well as the amended setback from the edge of the Environmental Hazard (EH) zone.

He noted that staff are not recommending a decision on the application at today’s meeting as there are some outstanding comments from Saugeen Ojibway Nation (SON). He advised that the proposed dwelling will be outside of the EH zone, there are natural heritage aspects impacting the land, the lands abut a provincially significant wetland, and there is significant wildlife habitat in the area. Daniel Kinsbury indicated that an environmental impact study (EIS) was undertaken for the lands and Site Plan Control is recommended for the property. 

Daniel Kingsbury advised that a number of public comments were received and a late comment was submitted by Elaine Todd expressing some concerns with the raising of the road.

Mayor McIver opened the Public Meeting for comments. 

Cory Keller, property owner, thanked staff and Council and noted that he is eager to get the application finalized.

Daniel Kingsbury said that a future staff report will be brought forward in January 2022.

#37-03-2021

Moved By Councillor James Mielhausen, Seconded by Councillor Megan Myles

That Council hold a public meeting in accordance with the Planning Act for Zoning By-law Amendment Z-2021-078 (Keller) to hear from the public;

And that staff provide a report regarding the public meeting and a recommendation regarding the application at a subsequent meeting.

Carried

Delegation

Parks Canada and Saugeen Ojibway Nation

John Hasselmayer

Re: Upcoming Public Engagement in the Management Planning Process

John Hasselmayer presented on behalf of Parks Canada and Saugeen Ojibway Nation (SON). He introduced Sean Liipere, Janna Chegahno, and other colleagues joining the meeting via Zoom.

He began the presentation with a land acknowledgement and noted that Parks Canada has a legal obligation to work with First Nations partners.

John Hasselmayer recognized the importance of collaboration with the Municipality to address shared interests and concerns across the region. He spoke to the Federal-Provincial Agreement and emphasized the close relationship between Parks Canada and Municipal employees on various projects and committees.

He highlighted 2021 initiatives: Halfway Log Dump reservation system, Singing Sands gatehouse, Little Cove parking management, business licensing and agreements, and winter yurt offer.

John Hasselmayer presented visitor numbers for 2021 and recognized a steady increase in visitation over the last decade.

He summarized management planning and stated that the management plan will guide future Parks Canada decisions. He explained that there is a process in place to provide opportunity for meaningful input from the public and partners into the management plan. 

John Hasselmayer confirmed that the licensing agreement will be a fairly long duration to provide stability to the businesses involved.

Councillor Golden expressed various concerns, such as the lack of communication between Parks Canada and the Municipality, lack of response to municipal comments, the changing community culture, need to increase the warden service to address trespass issues, need to collaborate with the Fire and Emergency Services Department, need for increased parking in Tobermory, need for more Parks Canada staff at key entrances, and ineffectiveness of the Parks Canada Advisory Council.

Mayor McIver responded to the value of meetings between Parks Canada and municipal staff and asked staff to prepare a report for Council regarding some of these topics.

Councillor Myles commented on the opportunity for a close working relationship between Parks Canada, Saugeen Ojibway Nation (SON), and the Municipality.

Mayor McIver thanked John Hasselmayer for the presentation and noted that staff will meet with Parks Canada in early 2022.

Barrow Bay Property Owners Association for Barrow Bay Channel

Ed Scharlack and Joel Levesque

Re: Commitment of Funds for 2022

Joel Levesque presented an overview of the Barrow Bay channel project. He emphasized the importance of the proposed work and noted that increasing amount of recreational activity on the lake. He mentioned that lack of channel access will decrease property values.

Joel Levesque stated that the shore stone gets pushed up the channel and the channel fills with sentiment. He said that the current break wall was poured in the 1950s and the plan is to place armour stone on the existing wall to create a more substantial structure. 

Preliminary costs for the project were presented at $290,000 and the group has a shortfall of $90,000 needed to fund the project. Joel Levesque asked permission from the Municipality to utilize the road allowance at the end of North Shore Road to store material. He further requested a letter of support from the Municipality to apply for other funding opportunities. 

Joel Levesque confirmed that the boat launch is owned by the Association and the organization is not in favour of opening the launch for public access based on liability. He noted that the break wall should last for longer than 10 years and there are public access points to the lake owned by the Municipality. He said that property owners generally agree with the project.

Mayor McIver stated that Council will consider the project during 2022 Budget deliberations.

Consideration of Agenda Items

GIS/IT Coordinator- GIS IT 21-04

Re: Information and Technology Acceptable Use Policy

#37-04-2021

Moved By Councillor Laurie (Smokey) Golden, Seconded by Deputy Mayor Debbie Myles

That Council receives report GIS/IT 21-04 Information Technology Acceptable Use Policy;

And that Council adopts an Information Technology Acceptable Use Policy for the Municipality of Northern Bruce Peninsula;

And That Council will consider passage of the enacting By-law No. 2021-115 at its regular meeting on Monday, December 20, 2021.

Carried

Public Works Manager- PW 21-33

Re: Bids & Tenders 20-035 – Hidden Valley Road Culvert Replacement 

Public Works Manager, Troy Cameron, noted that the price does not include the cost of culverts.

#37-05-2021

Moved By Councillor James Mielhausen, Seconded by Councillor Megan Myles

THAT Council receives Public Works Department Report PW 21-33 titled Bids & Tenders 20-035 – Hidden Valley Road Culvert Replacement; 

AND THAT Council awards the Hidden Valley Road Culvert Replacement Tender to E.C. King Contracting for the amount of $189,975.00, excluding HST.

Carried

Community Services Manager- CS 21-26

Re: Friendship Club Request for Support

Community Services Manager, Ryan Deska, advised that Council approved a similar request from the Stokes Bay group.

#37-06-2021

Moved By Councillor Laurie (Smokey) Golden, Seconded by Deputy Mayor Debbie Myles

That Council grants the Friendship Club hydro relief support in the amount of $3,476.01.

Carried

Community Services Manager- CS 21-27

Re: 2022-2023 Tobermory Chamber of Commerce Funding Agreement

Council commented on other uses for the Ferndale Information Centre, such as office space for municipal employees.

Council discussed Municipal Accommodation Tax (MAT) and how the funds can be allocated. the CAO, Peggy Van Mierlo-West, advised that half of the MAT has to be provided to a non-for-profit organization that promotes tourism and the Tobermory Chamber of Commerce is not a non-profit. She explained that 50% of the MAT goes towards tourism and marketing and 50% is used for capital improvements. She noted that a striking committee is recommended to select an organization to receive a portion of the MAT.

#37-07-2021

Moved By Councillor James Mielhausen, Seconded by Councillor Megan Myles

THAT Council receives and approves Manager of Community Services report CS 21-27 2022-2023 Tobermory Chamber of Commerce Funding Agreement, AND

 THAT Council approves the attached 2022-2023 Tobermory Chamber agreement, as amended;

And further that, Council will consider passage of the enacting By-law No. 2022-04 at its regular meeting on Monday, January 24, 2022.

Carried

Community Services Manager- CS 21-28

Re: Volunteer Policy

Council and staff discussed application of the policy. 

#37-08-2021

Moved By Councillor Laurie (Smokey) Golden, Seconded by Councillor Megan Myles

THAT Council receives Manager of Community Services report CS 21-28 Volunteer Policy, AND

THAT Council approves the Volunteer Policy as attached; and

And further that, Council will consider passage of the enacting By-law No. 2021-116 at its regular meeting on Monday, December 20. 2021.

Carried

Treasurer- TR 21-27

Re: 2022 Approved Community Funding

#37-09-2021

Moved By Councillor Megan Myles, Seconded by Deputy Mayor Debbie Myles

THAT Council receives Treasurer’s Report TR21-27 regarding the approved 2022 Municipal Funding allocations; and

THAT directs staff to distribute the grants prior to passing of the 2022 Budget.

Carried

Fire Chief- FC 21-05

Re: 2021 Emergency Plans

#37-10-2021

Moved By Councillor Megan Myles, Seconded by Councillor James Mielhausen

That Council receives Fire Chief Report titled 2021 Emergency Plan as information with respect to the Municipal Emergency Plan amendments;

And that Council pending discussions and comments from today’s review recommends that By-law No. 2021-107 to establish an Emergency Plan be adopted at the December 20, 2021 Council meeting. 

Carried

Fire Chief- FC 21-06

Re: Municipal Emergency Control Group and Emergency Management Program

#37-11-2021

Moved By Councillor James Mielhausen, Seconded by Councillor Laurie (Smokey) Golden

That Council receives Fire Chief Report titled Municipal Emergency Control Group and Emergency Management Program Committee By-law, as information;

And that Council recommends that By-law No. 2021-106, being a by-law to appoint a Municipal Emergency Control Group for the Emergency Management Program, be adopted at the December 20, 2021 Council meeting.

Carried

Clerk- C 21-57

Re: Owner: Wes Rydall (1653123 Ontario Ltd.)

Agent: Doug McLay 

File No.: B2021-079, B-21021-080, and B2021-081 (Consent)

Legal Description: Concession 5 EBR Part Lot 35 RP;3R7860 Part 2 (former Eastnor)

Municipality: Northern Bruce Peninsula 

Roll Number: 410962000617801 

#37-12-2021

Moved By Councillor James Mielhausen, Seconded by Councillor Megan Myles

THAT Council directs staff to submit to the County of Bruce Planning and Economic Development Department, the Municipality’s position of no objection to a severance submitted by the agent, Doug McLay, on behalf of the owner, Wes Rydall (1653123 Ontario Limited), for property legally described as Concession 5 EBR Part Lot 35 RP;3R7860 Part 2 (Eastnor), Municipality of Northern Bruce Peninsula.

THAT Council approves the imposition of conditions of granting of consent as follows:

1. That the owner enters into an Agreement with the Municipality, if deemed necessary by the Municipality of Northern Bruce Peninsula, to satisfy all the requirements, financial or otherwise of the Municipality, which may include, but shall not be limited to, the provision of parkland (or cash-in-lieu of land), roads, installation of services, facilities, drainage and the timing and payment of a development charge. 

2. That a Reference Plan (survey that is registered) be completed and a copy filed with the Municipal Clerk and a digital copy and hard copy be filed with the Approval Authority, or an exemption from the Reference Plan be received from the Approval Authority. 

3. That the Municipality provide written confirmation to the Approval Authority that the municipal conditions as imposed herein have been fulfilled. 

4. That, pursuant to Section 53(42) of the Planning Act, the ‘Certificate of Consent’ be affixed to the deed within one year of the giving of the Notice of Decision. (Note: Section 53(43) of the Planning Act) requires that the transaction approved by this consent must be carried out within two years of the issuance of the certificate (i.e. Stamping of the deed). 

5. That the applicant pays the applicable County of Bruce consent certification fee at the time of certification of the deeds. 

6. That the owner provides written confirmation that Consent Applications B-2020-113 and B-2021-114 have been certified by the County of Bruce and registered at the Land Registry Office. 

7. That the applicant’s solicitor submits all deeds for certification for files B-2021-079, B-2021-080, and B-2021-081 to the Approval Authority at the same time, and that the Approval Authority apply certification to all deeds consecutively. 

8. That the easement over the land shown as Part 6 set out the dominant tenement as Part 3. 

9. That the easement over the land shown as Part 7 set out the dominant tenement as Part 4 

10. That the easement over the land shown as Part 8 set out the dominant tenement as Parts 1, 2, & 5. 

Carried

Clerk- C 21-62

Re: Report of the Integrity Commission dated November 9, 2021 In the matter of a complaint against Councillor James Mielhausen

Having declared a conflict of interest, Councillor James Mielhausen did not participate in this portion of the meeting.

Council discussed accepting the report as information.

Harold Elston, Integrity Commissioner, stated that Council is under no obligation to follow the recommendations within the report. 

Deputy Mayor Myles requested a recorded vote.

#37-13-2021

Moved By Councillor Laurie (Smokey) Golden, Seconded by Councillor Megan Myles

AYES: Mayor Milt McIver, Councillor Laurie (Smokey) Golden, and Councillor Megan Myles.

NAYS: Deputy Mayor Debbie Myles.

The PASSED.

That Council receives the Report of the Integrity Commissioner dated November 9, 2021 as it relates to the matter of a complaint lodged against Councillor James Mielhausen, as information.

PASSED

Clerk- C 21-63

Re: Report of the Integrity Commission 

Harold Elston, Integrity Commissioner, explained an example of an instance when an anonymous complaint would be accepted. He confirmed that the identity of the complainant cannot be reveled and the complaints are not subject to the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). 

Harold Elston addressed a question regarding closed session meetings. He noted that the general rule is that votes are not held in closed session and “direction to staff” is the direction noted in open session after the closed session has ended. He also stated that if three members of council have a conflict on a matter, then the remaining two members constitute a quorum. 

#37-14-2021

Moved By Councillor Megan Myles, Seconded by Councillor James Mielhausen

THAT Council receives Clerk Report C 21-63 as information with respect to the Integrity Commissioner Annual Report presented by Mr. H. (Harold) G. Elston.

Carried

Clerk- C-21-64

Re: Request to Purchase part of Municipally-owned Property Unopened Road Allowance legally described as Part Lot 44, Concession 5, WBR, Part Of Part 9, Plan 3R-580(St. Edmunds) Municipality of Northern Bruce Peninsula PIN 33105-0162 LT

Clerk, Cathy Addison, explained the process and the possible building encroachments.

#37-15-2021

Moved By Councillor James Mielhausen, Seconded by Councillor Megan Myles

That Council receives Clerk Report C 21-64 as information as it relates to a request from Mindy Scott, Ryan Scott, Ralph Kaminski, and Joyce Fulton to purchase part of the municipally unopened road allowance, legally described as Part Lot 44, Concession 5, WBR, Part of Part 9, Plan 3R-580(St. Edmunds) Municipality of Northern Bruce Peninsula PIN 33105-0162 LT;

And That Council deems the said lands as surplus to the Municipality’s needs and instructs the Clerk to proceed in accordance with By-law No. 2021-20, being a by-law to formally adopt policies and procedures for the sale of unopened road allowance within the Municipality of Northern Bruce Peninsula.

Carried

Chief Administrative Officer- CAO-21-51

Re: Human Resource Services Proposal

The CAO explained some aspects of the Community Services Manager job description to Council. 

#37-16-2021

Moved By Councillor James Mielhausen, Seconded by Councillor Laurie (Smokey) Golden

That Council receive the report titled Community Services Manager Job Description, And;

That Council approves the attached Job Description titled Community Services Manager Job Description.

Carried

Accounts Payable Voucher 

November 2021

#37-17-2021

Moved By Councillor Laurie (Smokey) Golden, Seconded by Deputy Mayor Debbie Myles

That Council receives approved Accounts Payable Voucher, November 2021, in the amount of $1,067,660.40.

Carried

Resolution- Town of Georgina- Lack of Recycling Options- Agricultural Bale Wrap and Twine and Boat Shrink Wrap

#37-18-2021

Moved By Councillor James Mielhausen, Seconded by Councillor Megan Myles

That Council receives the attached resolution as information. 

Carried

Resolution- City of St. Catherines- National Childcare Program

#37-19-2021

Moved By Councillor Megan Myles, Seconded by Councillor James Mielhausen

That Council supports a resolution from the City of St. Catherines regarding the National Childcare Program. 

Carried

Resolution- City of Kitchener- Fire Safety Measures

#37-20-2021

Moved By Councillor James Mielhausen, Seconded by Councillor Laurie (Smokey) Golden

That Council supports a resolution from the City of Kitchener regarding Fire Safety Measures.

Carried

Resolution- City of Kitchener- Conversion Therapy

#37-21-2021

Moved By Councillor Laurie (Smokey) Golden, Seconded by Councillor James Mielhausen

That Council receives the attached resolution as information. 

Carried

Other Business

Deputy Mayor Myles requested a motion that Council discuss paperwork specific to the insurance claim for the Lion’s Head harbour with the municipal lawyer; however, the CAO will present a report in closed session at the January 24, 2022 Council meeting dealing with this request.

Councillor Golden commented on funding options for a water system in Tobermory.

Correspondence

Sharron Colter- Renovated Lion’s Head Arena and the Roof of the Friendship Club- Council direction- Staff will respond and indicate that Council will work with the organization through the process 

Municipal Innovation Council- September 1, 2021 Minutes- Information

Municipal Innovation Council- September 30, 2021 Minutes- Information

AMO Policy Update- AMO Board Approves Indigenous- Municipal Relationship Agreement Guidance Document for Municipalities- Information

AMO Policy Update- Ontario Broadband Strategy, Excess Soil Regulations, Planning Act Delegations- Information

Community Safety and Well-Being Planning- Status Update and Key Messages- November 2021- Information

#37-22-2021

Moved By Councillor James Mielhausen, Seconded by Councillor Megan Myles

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

Carried

Reading of By-laws

By-law No. 2021-104

Being a By-law to Authorize the Mayor and Clerk to Execute a Contract with Simply Voting Inc. for the provision of Telephone and Internet Voting Services for the 2022 Municipal and School Board Elections

By-law No. 2021-105

Being a By-Law to Authorize the Closure and Conveyance of Unopened Road Allowance known as Part of 44 and 45 Concession 1 WBR (former St. Edmunds Township) PIN 33106-0331 (LT), Municipality of Northern Bruce Peninsula

By-law No. 2021-110

A By-law to Establish Winter Minimum Maintenance Standards for Municipal Roadways 

By-law No. 2021-118

Being a By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Monday, December 13, 2021

By-law No. 2022-01

Being A By-Law to Set Fees and Charges for The Municipality of Northern Bruce Peninsula 

#37-23-2021

Moved By Deputy Mayor Debbie Myles, Seconded by Councillor Laurie (Smokey) Golden

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

Carried

Closed Session

#37-24-2021

That Council move into closed meeting at 3:38 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 (former Accounts Receivable Clerk – Cheri Hofstrand).

Carried

Reconvene from Closed Session to Resume Council Meeting

#37-25-2021

Moved By Deputy Mayor Debbie Myles, Seconded by Councillor Laurie (Smokey) Golden

That Council reconvenes from Closed Session at 3:52 p.m. and resumes the Council meeting.

Carried

Following the Closed Session meeting, Mayor McIver advised that Council provided direction to the CAO.

Adjournment

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#37-26-2021

Moved By Councillor Laurie (Smokey) Golden, Seconded by Deputy Mayor Debbie Myles

That the meeting adjourns at 3:53 p.m.

Carried