Municipality of Northern Bruce Peninsula Council Meeting Minutes No. 22-03 January 24, 2022

443

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

Members Absent: Deputy Clerk – Tessa Swanton, Bylaw Enforcement Officer – Carol Hopkins, Manager of Community Services – Ryan Deska, Treasurer – Teresa Shearer, Chief Building Official – Wendy Elliott

Staff Present: Chief Administrative Officer – Peggy Van Mierlo-West, Clerk – Cathy Addison, GIS/IT Coordinator – Kara Smith, Public Works Manager – Troy Cameron, Fire Chief – Jack Burt, Committee/Licensing Coordinator – Lindsay Forbes

Others Present: Elizabeth Thorn, Beth Anne Currie, and Mike Campbell, Bruce Peninsula Biosphere 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 1:20 pm 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 interest on Agenda Item #7 – CAO Report No. 22-01 Re: Municipal Accommodation Tax – Next Step, “as I am a part owner in an STA.”

Councillor Myles declared a conflict of interest on Agenda Item #7 – CAO Report No. 22-01 Re: Municipal Accommodation Tax – Next Step, “because I own/operate tourist accommodation in the Municipality.”

Approval of the Agenda

#03-01-2022

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

That the content of the agenda be approved as presented.

Carried

Adoption of the Minutes

Re: Council Meeting No. 22 – 01, January 10, 2022 #03-02-2022

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

That the minutes of Council Meeting No 22 – 01, January 10, 2022 be approved as printed and circulated.

Carried

Public Meeting – Nil

Delegation

Delegation #1 Elizabeth Thorn – Cabot Head Road Project Status Update

Elizabeth Thorn, Beth Anne Currie, and Mike Campbell attended the meeting via Zoom, and Elizabeth Thorn presented a PowerPoint presentation to Council. 

Mrs. Thorn provided a status update on the Cabot Head Road Project as well as summarizing the rationale and the primary objectives of the project. The three primary objectives were noted as 

1. July 21st last update to Council

2. Preserve access to Cabot Head

3. Get authorization approval from the Municipality to repair the road

It was indicated to Council that Ontario Parks owns five ninths of the land in question and is in support of the road project. Ontario Parks, along with the Bruce Peninsula Biosphere Association, want to maintain access to the Bird Observatory and Cabot Head Lighthouse for volunteers. 

Mrs. Thorn informed Council that the Trillium Grant requests the Municipality of Northern Bruce Peninsula to approve work permits for the funding of the project to proceed. This must be resolved by February as time is of the essence. A project approach was presented to Council, demonstrating the financial support and savings committed to and raised by the Bruce Peninsula Biosphere Association for this project and the demonstrated need for car access, though intended to be limited. Mrs. Thorn noted that an area organization has committed to supplying gravel; however, one section of the road still requires funds for repair. 

Council was informed that the Trillium Foundation requires documentation of approval of the project by Council prior to the grant funds being released. The Bruce Peninsula Biosphere Association requested that an approval in principle be provided subject to the economic viability of the trail being demonstrated and that sufficient funds be raised to complete the remaining repairs of the road and ancillary infrastructure associated with the trail. 

Associate member, Mike Campbell, suggested Council provide approval in principle for a long term trail, noting funds are available for most of the road repair proposed within the project. 

Councillor Golden requested clarification of the permitted use of the funds contained within the Trillium Grant regarding trail concept versus road.

Council proposed that a third party go over the proposed plans with staff regarding the environmental and structural components of the plan. 

Discussion ensued amongst Council members regarding the current closure of Cabot Head Road and the proposed implications of closing the road and establishing a trail. 

Quotes of $300,000 were submitted to the Municipality regarding the repair of Cabot Head Road.

The support of the Trillium Foundation and Ontario Parks regarding the creation of a trail to Cabot Head were indicated, along with commitment from Walker Industries to pledge funds and commence work on the project once the half load hauling restriction is lifted.

Council instructed the CAO to present a report for the Council Meeting on February 14, 2022 regarding the feasibility of this project. 

The delegation presented were notified that Council would make a decision regarding their request once the report is submitted and reviewed. 

Consideration of Agenda Items

1. Fire Chief Report No. 22-01

Re: Municipal Climate Resiliency Grant

Fire Chief, Jack Burt, informed Council of an email in response to his Municipal Climate Resiliency Grant Application, to which he was recommended by Intact to apply for an additional $11,500 in funding. The additional funding was proposed to be allocated within the proposal for public education as well as looking at program delivery and program evaluation. Discussion amongst Council resulted in the approval of the request to apply for the additional funding as recommended by Intact. Fire Chief Burt will apply for an additional $11,500 of funding in addition to the current proposal amount of $70,000. 

#03-03-2022

Moved by Councillor James Mielhausen, Seconded by Councillor Megan Myles

THAT Council receives FC 22-01 report titled Municipal Climate Resiliency Grant, as information;

AND THAT Council directs staff to proceed with the recommendation as outlined in this report with the additional $11,500 added to the grant amount.

Carried

2. Community Services Manager Report No. 22-01

Re: Agreement with Brent Huehn for Cleaning and Maintenance 

#03-04-2022

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

That Council receives Manager of Community Services Report CS 22-01, Agreement with Brent Huehn for Cleaning and Maintenance, as information;

And that Council renews the Agreement with Brent Huehn for cleaning and maintenance of the Northern Bruce Peninsula Municipal Office, the Bruce County Library, the former Lion’s Head Council Chambers, and Fire Station 10 in Tobermory on the following terms and conditions set out within the Agreement including a two-year term and prices as outlined within Section 1. 

Carried

3. Deputy Clerk Report No- 22-01 

Re: Accessibility Annual Status Report for 2021

#03-05-2022

Moved by Councillor Megan Myles, Seconded by Councillor James Mielhausen

That Council receives Deputy Clerk Report No. 22-01, Accessibility Annual Status Report for 2021, as information.

Carried

4. Deputy Clerk Report No. 22-02

Re: Election Accessibility Plan 2022

#03-06-2022

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

That Council receives Deputy Clerk Report No. 22-02, Election Accessibility Plan 2022, as information;

And that Council supports passage of By-law No. 2022-08 at the February 14, 2022 Council meeting.

Carried

5. Clerk Report No. 22-01 

Re: Municipal Election – Use of Corporate Resources Policy 

#03-07-2022

Moved by Councillor Megan Myles, Seconded by Councillor James Mielhausen

That Council receives report C 22-01- Municipal Election – Use of Corporate Resources Policy; and

And That Council supports consideration of the passage of By-law No. 2022-09 at its February 14, 2022 Council meeting. 

Carried

6. Clerk Report No. 22-02 

Re: NEC Applicant & Owner: Radu & Delia Bratu

Location: Part Lot 11, Concession 8 EBR, 376 Cape Chin Road South

Municipality of Northern Bruce Peninsula (Lindsay), County of Bruce

Roll No.: 41-09-660-003-08404

File Number: B/R/2021-2022/645

#03-08-2022

Moved by Councillor James Mielhausen, Seconded by Councillor Megan Myles

That Council directs staff to submit the Municipality’s comments to the Niagara Escarpment Commission (NEC), regarding the Development Permit application submitted by the applicant owner, Radu & Delia Bratu for the property known as

Part Lot 11, Concession 8 EBR, 376 Cape Chin Road South, Municipality of Northern Bruce Peninsula (Lindsay), County of Bruce, who is seeking approval to perform the following work on an existing 3.82 ha (9.5 acre) lot:

• To construct a 1.5 story ± 243 m2 (± 2615 ft2) single-family dwelling with a maximum

height of ± 9.2 m in (± 29.3 ft).

• To build a 1 story ± 40 m2 (± 432 ft2) detached garage with a maximum height of ± 4.8

m (± 16 ft).

• To construct a ± 18 m2 (± 193.75 ft2) porch.

• To construct a ± 63 m2 (± 678 ft2) covered deck.

• Demolish existing shed.

• To Install a private sewage system.

• To install a well,

• To install a hydro line

• Improve existing driveway by installing a culvert at the entrance.

And That Senior Management reviewed the request for comments and expressed the following:

-ensure the Public Works Department is consulted with regards to the replacement of the culvert at the entrance to the property; and

-ensure the cul-de-sac area of the driveway is large enough to accommodate the turning radius for emergency vehicles.

Carried

7. CAO Report No. 22-01 

Re: Municipal Accommodation Tax – Next Step 

Councillor Mielhausen and Councillor Myles declared a conflict of interest on this agenda item and did not partake in this section of the meeting.

The CAO provided an overview of the three options. Once presented, Council discussed the possible allocation options for the Municipal Accommodation Tax (MAT) funds. Councillor Golden requested clarification regarding hotel accommodations and the MAT. The results of discussion amongst Council concluded with the selection of Option 3. The CAO will contact the Tobermory Chamber of Commerce for further discussion with their organization.

#03-09-2022

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

THAT Council receives CAO Report No. 22-01, Municipal Accommodation Tax (MAT)—Next Steps, as information. 

Council has supported the chamber of commerce moving forward;

And THAT Council selected Option 3 – for Tobermory Chamber of Commerce to assist with the MAT management.

Carried

8. CAO Report No. 22-02 

Re: Quarterly Report 2021 – Q4

Councillor Mielhausen and Councillor Myles resumed their place in the meeting.

#03-10-2022

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

That Council receives CAO Report No. 22-02, 2021 Operational Year End Report, as information

Carried

9. Climate Action Committee Minutes 

Re: Meeting No. 21-11, December 14, 2021

#03-11-2022

Moved by Councillor James Mielhausen, Seconded by Councillor Megan Myles

That Council receives minutes of Climate Action Committee Meeting No. 21-11, December 14 2021 as information and approves all actions contained therein.

Carried

Other Business

Councillor Golden requested further information on a proposed plan to rebuild the Tugs diving platform in collaboration with Parks Canada and the Municipality to provide diving access and viewing space for Fathom Five National Marine Park.

Councillor Golden inquired about the creation of a public map depicting the registered Short-Term accommodations within the Municipality. The CAO commented it was strictly for information purposes.

Deputy Mayor Myles requested an update on the status of the Municipal lawyer reviewing the Lion’s Head Harbour insurance claim with Council. The CAO will arrange for information pertaining to this request which will be presented at the February 14, 2022 Regular Council meeting.

Correspondence

1. AMO Communications 

Re: Ontario-Municipal Summit Seeks Solutions to Build More Homes – Information

2. Ontario Land Tribunal Martin Brown

Re: By-law 2020-09 Escarpment Biosphere Conservancy – Information

3. OCWA 

Re: COVID -19 Update January 6, 2022 – Information

4. Crime Stoppers of Grey Bruce 

Re: Program Coordinator’s Report Q4 – Information

5. County of Bruce

 Re: Notice of Public Meeting February 17, 2022 – Information

6. ST. Edmunds Property Owners

 Re: Council Meeting Minutes No. 21-38 Recommendations – Information

#03-12-2022

Moved by Deputy Mayor Debbie Myles, Seconded by Councillor James Mielhausen

Recommendation:

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

Carried

Reading of By-laws

By-law No. 2022-04 Being a By-law to authorize a Funding Agreement with Tobermory and District Chamber of Commerce

By-law No. 2022 -12 Being a By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Monday, January 24, 2022

#03-13-2022

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

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

Carried

Closed Session – Nil

Reconvene from Closed Session to Resume Council Meeting – Nil

Adjournment

We are attempting to make every document accessible but there may still be difficulty in recognizing all the information. Please contact the Accessibility Coordinator if you require assistance and we will make every attempt to provide this information in an alternate format.

Please note that third party sourced documents found within this package will not be converted to an accessible format by the Municipality of Northern Bruce Peninsula; however, upon request, we will attempt to obtain these documents in an appropriate accessible format.

#03-14-2022

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

That the meeting adjourns at 2:25 pm.

Carried