Members Present: Mayor – Milt McIver, Deputy Mayor – Debbie Myles, Councillor – Laurie (Smokey) Golden, Councillor – James Mielhausen, Councillor – Megan Myles
Staff Present: Chief Administrative Officer – Peggy Van Mierlo-West, Clerk – Cathy Addison, Deputy Clerk – Tessa Swanton, Public Works Manager – Troy Cameron, GIS/IT Coordinator – Kara Smith, Manager of Community Services – Ryan Deska, Fire Chief – Jack Burt
Others Present: Tim Matheson, Lion’s Head Transit Authority, Karen Sword
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 1:00 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 conflict of interest regarding Agenda Item #1: Planning Report Re: Zoning By-law Amendment Z-2021-016 (Psotka), as I own a campground in the Municipality.
Councillor Mielhausen declared a conflict of interest regarding Agenda Item #5: Clerk Report No. 22-21 Re: Applicant: 1000039776 Ontario Inc. – Blue Heron Tours Inc. File Number(s): Z-2022- 039, as my daughter works for Blue Heron Company.
Counillor Mielhausen declared a conflict of interest regarding the Municipality of Northern Bruce Peninsula By-law 2002-54, as amended (Psotka – Lands’ End Trailer Park), as I own a campground in the Municipality.
Approval of the Agenda
#14-1-2022
Moved by Councillor Laurie (Smokey) Golden, Seconded by Deputy Mayor Debbie Myles
That the content of the agenda be approved as presented.
Carried
Adoption of the Minutes
Re: Special Council Meeting No. 22-11, April 25, 2022 and Council Meeting No. 22-12, April 25, 2022.
#14-2-2022
Moved by Councillor James Mielhausen, Seconded by Councillor Megan Myles
That the minutes of Special Council Meeting No. 22-11, April 25, 2022, and Council Meeting No. 22-12, April 25, 2022 be approved as printed and circulated.
Carried
Public Meeting – Nil.
Delegation – Nil.
Consideration of Agenda Items
1. Planning Report
Re: Zoning By-law Amendment Z-2021-016 (Psotka)
Having declared a conflict of interest, Councillor Mielhausen did not participate in this portion of the meeting.
Councillor Golden commented on the possible impact to the small beach area on Hay Bay, such as overcrowding and noise. She asked that the owners be notified of these concerns as increased activity could affect the people across the harbour.
Daniel Kingsbury from Bruce County Planning appeared before Council via Zoom and noted that the increase in sites is marginal and the impact is anticipated to be minimal. He commented that the Municipality’s by-laws can assist in addressing these concerns, such as the Noise By-law, etc. He stated that comments and concerns have been brought back to the owners (Psotka).
#14-3-2022
Moved by Councillor Megan Myles, Seconded by Councillor Laurie (Smokey) Golden
That the Zoning Bylaw Amendment Z-2021-016 (Psotka) be approved; and
That the Bylaw be forwarded to County Council for adoption.
Carried
2. GIS/IT Coordinator Report No. 22-03
Re: Health and Safety Program Update
Councillor Mielhausen resumed participation in the meeting at this time.
#14-4-2022
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Megan Myles
That Council receives GIS/IT 22-03 report titled Health and Safety Program Update, as information; and
That Council recognizes that health and safety in an integral part of our organization’s everyday business; and
That Council endorses the Municipality’s Health and Safety Policy Statement and authorizes the Mayor and Chief Administrative Officer to sign this document; and
Further that it is in the best interest of all to practice proven health and safety principles in all work activities.
Carried
3. GIS/IT Coordinator Report No. GIS IT 2022-04
Re: MIC Joint IT Business Analysis Report
Kara Smith, GIS/IT Coordinator, advised that it will be a benefit to continue collaborating with the Municipal Innovation Council (MIC) to ensure that everyone is being safe with respect to cyber security.
#14-5-2022
Moved by Councillor James Mielhausen, Seconded by Deputy Mayor Debbie Myles
That Council receives report GIS/IT 22-04 MIC Joint IT Business Analysis Report for information purposes.
Carried
4. Clerk Report No. C 22-20
Re: File Number – B/L/2022-2023/13
Applicant: Adam Brylowski, Bruce Trail Conservancy
Owner: Ontario Heritage Trust
Location: Lot 15, Concession 10 EBR, Municipality of Northern Bruce Peninsula (Eastnor), County of Bruce
Roll #410962000907200
#14-6-2022
Moved by Councillor Megan Myles, Seconded by Councillor James Mielhausen
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/agent, Bruce Trail Conservancy on behalf of the owner, Ontario Heritage Trust, for the property known as Lot 15, Concession 10 EBR, Municipality of Northern Bruce Peninsula (Eastnor), who is seeking approval to undertake improvements to the Bruce Trail structures, to increase public safety on the existing 21.85 ha (54 acres) lot, to perform the following work:
To replace guide-ropes with the construction of 5 wooden platforms connected by 5 staircases totaling approximately ± 23 m (75.5 ft) in length to aid hikers on a steep section of the Ivan Lemcke Side Trail of the main Bruce Trail.
And that the Senior Management reviewed the request for comments and noted the following be provided:
A building permit for the proposed structures be obtained from the Municipal Building Department and engineered draws to be provided to the Chief Building Official.
Carried
5. Clerk Report No. 22-21
Re: Applicant: 1000039776 Ontario Inc. – Blue Heron Tours Inc.
File Number(s): Z-2022-039
104 Bay Street South – Town Plot Bury Lot 50 Water; W/S, Northern Bruce Peninsula (St. Edmunds Township)
Roll # 410968000526300
Having declared a conflict of interest, Councillor Mielhausen did not participate in this portion of the meeting.
Peggy Van Mierlo-West, CAO, indicated that the owner is rezoning the property to a commercial zone to avoid the short term accommodation licensing process.
Council discussed the location of the existing house, the property being subject to fire inspections as a commercial establishment, and the possibility of setting a precedent.
Mayor McIver requested some further information from the Bruce County Planning Department.
#14-7-2022
Moved by Councillor Laurie (Smokey) Golden, 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, for the applicant 1000039776 Ontario Inc. – Blue Heron Tours Inc., to amend the R1 – Detached Residential zoning to C1A -xx– Commercial with a special provision to permit and limit the use of the property as a rental cottage establishment for property legally described as 104 Bay Street South, Town Plot Bury Lot 50 Water; W/S Northern Bruce Peninsula (former St. Edmunds Township).
Carried
6. Clerk Report No. 22-22
Re: Owner: Bruce Robert Loney
File No: B-2022-009 (Consent)
Legal Description: 155 Hardwick Cove Road, Town Plot Hardwick Part Lot F (former Eastnor Township) Municipality of Northern Bruce Peninsula
Roll Number: 410962000520300 and 410962000519301
Councillor Mielhausen resumed participation in the meeting at this time.
#14-8-2022
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 owner, Bruce Robert Loney, for property legally described as 155 Hardwick Cove Road, Town Plot Hardwick Part Lot F, (former Eastnor Township) Municipality of Northern Bruce Peninsula;
That Council approves the imposition of conditions of granting of consent as follows:
1. That the owner enter 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 two years 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 application is for a lot addition only; and, that the lands to be severed be merged under the same ownership as the abutting lands (TOWN PLOT HARDWICK PT LOT F Eastnor Twp, 155 Hardwick Drive), as shown on the attached Schedule and that Subsection (3) or (5) of Section 50 of the Planning Act, apply to any subsequent conveyance.
a. A copy of the Registered Deed to the abutting lands (TOWN PLOT HARDWICK PT LOT F Eastnor Twp, 155 Hardwick Drive) shall be filed with the Approval Authority for the County of Bruce; and
b. The lawyer shall provide an undertaking to consolidate the pins for the property upon registration of the consent.
Carried
7. Chief Administrative Officer Report No. 22-16
Re: Lion’s Head Transit Proposal
Council discussed the proposal from Lion’s Head Transit Authority. They also commented on the need for a shuttle service in Lion’s Head.
The CAO referred to the Purchasing By-law with respect to the tendering process.
Council commented on capacity limits and the benefit of a multi-year contract as opposed to annual contract negotiations.
Tim Matheson, owner of Lion’s Head Transit Authority, indicated that the company operated in good faith last season. He stated that it makes sense for the revenues generated from Park Pass to be utilized to assist in operating the shuttle service and solving a problem in the community. Tim Matheson explained that the 2021 season was an odd season based on rainy weather in July and the lack of interest from visitors to park at the Lion’s Head Arena.
Council asked that shuttle users who are simply hopping on and off the shuttle be permitted to use the service for free. Donations may be accepted for use of the shuttle in this case.
The CAO advised that Park Pass is currently not being proposed at the Lions’ Head Arena parking lot; however, Council can choose to amend the Parking By-law to implement Park Pass at this location. The CAO indicated that the Purchasing Policy requires staff to obtain three written quotations for the service based on the estimated value of the expenditure.
Tim Matheson stated that it costs approximately $40,000 to operate the shuttle service per season.
Council discussed the benefit of the shuttle service in Lion’s Head and the possibility of expanding to the Tobermory area in the future.
#14-9-2022
Moved by Councillor James Mielhausen, Seconded by Councillor Megan Myles
That Council receive Report Number CAO-22-16, and;
That Council directs Administration to proceed with a public proposal process (Request for Proposals) for a shuttle service in Lion’s Head from May to October 2022.
Carried
8. Chief Administrative Officer Report No. 22-17
Re: ECharger Proposal
Council asked that free charging for Municipal vehicles be stipulated within the agreement.
#14-10-2022
Moved by Councillor James Mielhausen, Seconded by Councillor Megan Myles
That Council receive Report Number CAO-22-09 Tobermory E-Charging Stations; and
That Council approve the attached contract between ChargerQuest Inc. and the Municipality of Northern Bruce Peninsula; and
That a subsequent bylaw come to a future Council meeting for authorization.
Carried
9. Attainable Housing Task Force Minutes
Re: Meeting No. 22-04, April 7, 2022
Council commented on short term accommodation discussion within the minutes.
#14-11-2022
Moved by Councillor Laurie (Smokey) Golden, Seconded by Deputy Mayor Debbie Myles
That Council approves Attainable Housing Task Force minutes dated April 7, 2022 and approves all actions contained therein.
Carried
10. Ad Hoc Museum Committee Minutes
Re: Meeting No. 22-01, April 13, 2022
Councillor Golden advised that the Committee was successful in obtaining a $100,000 grant to relocate the Davis Cabin to the Museum property.
#14-12-2022
Moved by Councillor Megan Myles, Seconded by Councillor James Mielhausen
That Council approves Ad Hoc Museum Committee meeting minutes dated April 13, 2022 and approves all actions contained therein.
Carried
11. Chi Cheemaun Festival Committee Minutes
Re: Meeting No. 22-03, April 20, 2022
#14-13-2022
Moved by Councillor Megan Myles, Seconded by Deputy Mayor Debbie Myles
That Council approves Chi Cheemaun Festival Committee meeting minutes dated April 20, 2022 and approves all actions contained therein.
Carried
12. Resolution – Municipality of Grey Highlands – Resolution #2022-278 Moratorium on new Gravel Mining
#14-14-2022
Moved by Councillor Megan Myles, Seconded by Councillor Laurie (Smokey) Golden
That Council receives Resolution #2022-278 from the Municipality of Grey Highlands regarding the Moratorium on new Gravel Mining as information.
Carried
13. Resolution – International Day Against Homophobia and Transphobia
#14-15-2022
Moved by Councillor Megan Myles, Seconded by Councillor James Mielhausen
Whereas the Quebec Charter of Human Rights and Freedoms recognizes that no one can be discriminated against on the basis of sexual orientation or gender identity or expression;
Whereas Quebec is a society open to everyone, including lesbian, gay, bisexual and trans people (LGBTQ+) and to all other people who identify with sexual diversity and the multiplicity of gender identities and expressions;
Whereas, despite recent efforts towards greater inclusion of LGBT people, homophobia and transphobia are still present in society.
Whereas May 17th is the International Day Against Homophobia and Transphobia, is celebrated as such in many countries and is the result of a Quebec-based initiative promoted by Fondation Émergence starting in 2003.
Whereas there is reason to support the efforts of Fondation Émergence in holding this day;
It is resolved to proclaim May 17 INTERNATIONAL DAY AGAINST HOMOPHOBIA AND TRANSPHOBIA and to recognize this day as such.
Carried
Other Business
Councillor Golden acknowledged the passing of Perry Smith, a dedicated firefighter to the St. Edmunds and Northern Bruce Peninsula Fire Department. She indicated that Perry worked tirelessly to serve the community. She expressed her appreciation for Perry’s years of service on behalf of Council.
Councillor Golden requested an update on the status of water at the Tobermory Community Centre. CAO, Peggy Van Mierlo-West, informed that the shipping container has been placed and OCWA (Ontario Clean Water Agency) and Public Works is scheduling hookups with the plumber and the water system should be operational by the May long weekend.
Councillor Myles informed Council of the Tobermory Chamber of Commerce’s Annual General Meeting taking place virtually on Thursday, May 12, 2022 at 6:00 p.m.
Correspondence
1. Multi-Municipal Wind Turbine Working Group – Resolution No. MMWTG-2022-17 (Information)
2. Edith Lawson – Cabot Head Road (Information)
3. Friends of the Lion’s Head Library – Letter of Gratitude for Fulfillment of 2022 Municipal Funding Request (Information)
4. Grey Sauble Conservation Authority Minutes, March 23, 2022 (Information)
5. Source Protection Committee Meeting #87 Minutes – December 3, 2021 (Information)
6. Darlene Batte – Bruce County Planning and Development Committee – Proposed Changes to the Planning Act, Bill 109 (Information)
7. Ministry of the Environment, Conservation, and Parks – 2021-2022 Lion’s Head Drinking Water System Inspection Summary – 100% Inspection Rating (Information)
8. Big Brothers Big Sisters of Grey Bruce – Expansion Plans (Information)
9. Ministry of Environment, Conservation, and Parks – 2022 Provincial Day of Action on Litter, May 10, 2022 (Information)
#14-16-2022
Moved by Councillor Megan Myles, Seconded by Deputy Mayor Debbie Myles
That correspondence items #1-9 be received as information as printed and circulated.
Carried
10. Ed and Mary Helen Gillis – Eagle Road Blind Corner (Direction)
Directed to Public Works to respond.
11. Association of Municipalities in Ontario (AMO) – Municipal Delegation Request Form (Direction)
The CAO advised that an update could be provided to the Province regarding the Master Servicing Plan, Lion’s Head Arena project, and Northern Ontario designation.
Discussion ensued regarding methods in which to make application submissions more appealing.
12. Whiskey Harbour Recreation Association – Requesting the transfer of land to the Municipality of Northern Bruce Peninsula – Part of Lots 28 and 29 Plan 444 Being Part 1, 3R10830, known as “The Rocks” of Whiskey Harbour (Direction)
Council welcomed Karen Sword, a Pike Bay resident, to the meeting.
Karen Sword provided a brief background of the legal battle surrounding “The Rocks”. She provided a copy of the Court Order to staff.
Mayor McIver stated that staff will prepare a report to Council regarding the request.
#14-17-2022
Moved by Councillor Megan Myles, Seconded by Councillor Laurie (Smokey) Golden
That Council directs staff to prepare a report regarding the possible transfer of ownership of property known as “The Rocks” in Whiskey Harbour to the Municipality of Northern Bruce Peninsula with the understanding that the property remains a public recreational property in perpetuity.
Carried
Reading of By-laws
By-law 2022-29
Being A By-Law to Set Fees and Charges for The Municipality of Northern Bruce Peninsula
By-law 2022-33
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 Lot 61 (Eastnor); 26 Old Woman’s River Road, Municipality of Northern Bruce Peninsula
By-law 2022-35
Being A By-Law to Repeal By-law No. 2020-40 Being a By-law to Delegate Authority to the Mayor and Clerk for Certain Acts During Uncertain Times at the Corporation of the Municipality of Northern Bruce Peninsula
By-law 2022-37
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 2022-40
A by law to amend the Municipality of Northern Bruce Peninsula By-law 2002-54, as amended (Psotka – Lands’ End Trailer Park).
Having declared a conflict of interest, Councillor Mielhausen did not participate in this portion of the meeting.
#14-18-2022
Moved by Councillor Megan Myles, Seconded by Councillor Laurie (Smokey) Golden
That By-law No. 5 be given 1st, 2nd, and 3rd reading, and enacted.
Carried
By-law 2022-42
Being A By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Monday, May 9, 2022
Councillor Mielhausen resumed participation in the meeting at this time.
#14-19-2022
Moved by Councillor Megan Myles
Seconded by Deputy Mayor Debbie Myles
That By-law Nos. 1,2,3,4, and 6 be given 1st, 2nd, and 3rd reading, and enacted.
Carried
Closed Session
#14-20-2022
Moved by Councillor James Mielhausen, Seconded by Councillor Megan Myles
That Council move into closed meeting at 2:29 p.m. pursuant to Section 239(2) of the Municipal Act for the following reasons: b) personal matters about an identifiable individual including municipal or local board members,(Public Works Department).
Carried
Reconvene from Closed Session to Resume Council Meeting
#14-21-2022
Moved by Councillor James Mielhausen, Seconded by Councillor Megan Myles
That Council reconvenes from Closed Session at 2:31 p.m. and resumes the Council meeting.
Carried
Mayor McIver advised that Council approved previous closed session minutes and received an information update regarding personnel matters within the Public Works Department.
Adjournment
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#14-22-2022
Moved by Councillor Laurie (Smokey) Golden, Seconded by Deputy Mayor Debbie Myles
That the meeting adjourns at 2:32 p.m.
Carried
