Following Committee of Adjustment Meeting No. 22-02
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, Committee/Licensing Coordinator – Lindsay Forbes, Treasurer – Teresa Shearer, Public Works Manager – Troy Cameron, Chief Building Official – Wendy Elliott
Others Present: Kyle Lougheed
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
Following a meeting for the Committee of Adjustment, Mayor McIver called the meeting to order at 1:06 p.m. and Council members were reminded to disclose any pecuniary interest and the general nature thereof that may arise during the meeting.
Councillor Golden noted the following. “While I do not have a pecuniary interest, I will not participate in discussions on correspondence information items #3 and #4, as I wish to avoid any appearance of conflict, as per the Code of Conduct, and these letters obviously target a company owned by a sibling of mine.”
Councillor Myles declared on Chief Administrative Officer Report No. CAO 22-37 Re: Lion’s Head Shuttle Agreement “because my father works for Golden Dawn (shuttle provider).”
Approval of the Agenda
#21-01-2022
Moved by Councillor James Mielhausen, Seconded by Councillor Laurie (Smokey) Golden
That the content of the agenda be approved as presented.
Carried
Adoption of the Minutes
Re: Council Meeting No. 22-20, dated July 25, 2022 #21-02-2022
Moved by Deputy Mayor Debbie Myles, Seconded by Councillor Megan Myles
That the minutes of Council Meeting No. 22-20, dated July 25, 2022, be approved as printed and circulated.
Carried
Public Meeting – Nil.
Presentation
Kyle Lougheed
Re: Lion’s Head Lighthouse Fundraiser Event Proceeds
Mayor McIver welcomed Kyle Lougheed to the August 8, 2022 Council meeting.
Kyle Lougheed began his presentation by thanking Council for the use of the Lion’s Head Arena to conduct the Lion’s Head Lighthouse Fundraiser event. Mr. Lougheed further thanked the Lion’s Head Facilities staff for their hard work.
Kyle Lougheed presented the proceeds of the Lion’s Head Lighthouse Fundraiser to Council, in the amount of $955.23. An additional $300.00 was donated for the restoration of the Lion’s Head Lighthouse by The Rotary Club of Northern Bruce Peninsula.
Mayor McIver thanked Kyle Loughheed for organizing an event for such an important piece within the Lion’s Head Community. He further stated that the funds would be placed in a reserve fund and utilized for future expenditures regarding repairs to the Lion’s Head Lighthouse.
Council thanked Kyle Lougheed for his presentation and all of his efforts in organizing the Lion’s Head Lighthouse Fundraiser Event.
Delegation
Tara Harpur
Re: Tobermory Trail Race Weekend – Fundraiser for the Tobermory Primary Place Daycare, September 23 – 25, 2022
Due to technical issues, Tara Harpur was unable to attend the delegation.
Council approved the requests contained within the delegation documents, following a review of the presentation contained within the Council Agenda Package.
#21-03-2022
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Megan Myles
That Council approves the road closure and parking requests on a section of Bay Street in Tobermory and parking permit requests for the event organizers from September 23-25, 2022 for the Tobermory Trail Race Weekend Fundraiser for the Tobermory Primary Place Daycare.
Carried
Consideration of Agenda Items
1. Public Works Manager Report No. PW 22-29
Re: Waste to Resource Assessment
Discussion ensued regarding the practices of Northern Bruce Peninsula residents with respect to the results of the Waste to Resource Assessment. Members of Council were pleased to see positive efforts regarding waste allocation.
#21-04-2022
Moved by Councillor Megan Myles, Seconded by Councillor James Mielhausen
THAT Council receives Public Works Department Report PW 22-29 titled Waste to Resource Assessment, as information.
Carried
2. Chief Building Official Report No. BD 22-26
Re: No Demand for Services Site Plan Control Agreement
Owner: Mr. Terrence Patrick Leahey & Ms. Catherine Stewart-Leahey
Plan 777 Lot 3 an Undivided Lot 1/10th INT in Lot 7 & 10, 12 Mill Point Road
Assessment Roll No. 4109-620-002-00300-0000, Property Identifier Number (PIN): 33129-0063 (LT)
#21-05-2022
Moved by Councillor James Mielhausen, Seconded by Councillor Megan Myles
That, the registration of a No Demand for Services Site Plan Control Agreement requested by Mr. Terrence Patrick Leahey and Ms. Catherine Stewart-Leahey, owners of the property legally described as Plan 777 Lot 3 an Undivided Lot 1/10th INT in Lot 7 & 10 and located at 12 Mill Point Road, Municipality of Northern Bruce Peninsula be approved.
Carried
3. Chief Building Official Report No. BD 22-27
Re: Trailer Agreement
Applicant/Owner (s): Ms. Charlotte Lyndia Daniel
Plan D-21 Pt Unit 6 Sec D-21 Pt PCL 6-1 RP 3R4962 Part 3, 637 Stokes Bay Road, Municipality of Northern Bruce Peninsula, County of Bruce
Assessment Roll No. 41 09 620 005 11521 0000
#21-06-2022
Moved by Deputy Mayor Debbie Myles, Seconded by Councillor Laurie (Smokey) Golden
That the Trailer Agreement requested by the property owner, named Ms. Charlotte Lyndia Daniel for the property legally described as Plan D-21 Pt Unit 6 Sec D-21 Pt PCL 6-1 RP 3R4962 Part 3; 637 Stokes Bay Road (Assessment Roll No. 41 09 660 002 32110 0000) Municipality of Northern Bruce Peninsula be approved, 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 22-28
Re: Trailer Agreement
Applicant/Owner (s): Ms. Sharon Pauline Hefley, Mr. Jeffrey Brent Hefley
Con 1 WBR Pt Lot 24 RP3R 6182 Part 2, 19 Noble Drive, Municipality of Northern Bruce Peninsula, County of Bruce
Assessment Roll No. 41 09 660 001 00725 0000
#21-07-2022
Moved by Councillor Megan Myles, Seconded by Councillor James Mielhausen
That the Trailer Agreement requested by the property owners, named Ms. Sharon Pauline Hefley and Mr. Jeffrey Brent Hefley for the property legally described as Con 1 WBR Pt Lot 24 RP3R 6182 Part 2; 19 Noble Drive (Assessment Roll No. 41 09 660 001 00725 0000) Municipality of Northern Bruce Peninsula be approved, and;
That the owners 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. Clerk Report No. C 22-31
Re: Encroachment Agreement –
Adam David Stevens, to address a proposed retaining wall in front of 191 Isthmus Bay Road that will be encroaching on the road allowance in front of the property descripted as Plan 411 as in R377372, Lot 27 Part Lot 28 (Roll No. 41-09-620-006-13400-0000) former Eastnor – Municipality of Northern Bruce Peninsula.
#21-08-2022
Moved by Councillor Megan Myles, Seconded by Councillor Laurie (Smokey) Golden
That Council considers entering into an Encroachment Agreement with Mr. Adam David Stevens, to address a proposed retaining wall located at 191 Isthmus Bay in front of the property described as Plan 411 as in R377372, Lot 27 Part Lot 28 (Roll No. 41-09-620-006-13400-0000) former Eastnor – Municipality of Northern Bruce Peninsula; and,
That the property owner shall be responsible for all costs relating to the preparation and execution of the Agreement including but not exclusive to, registration and costs; and
That Council recommends that By-law No. 2022-53, to authorize an encroachment agreement with Mr. Adam David Stevens, be adopted at the August 22, 2022, Council meeting.
Carried
6. Clerk Report No. C 22-43
Re: Records and Information Management Policy
#21-09-2022
Moved by Deputy Mayor Debbie Myles, Seconded by Councillor James Mielhausen
That Council receives the Clerk’s Report C 22-43 as information regarding the new Records and Information Management Policy; and
That Council adopt the Records and Information Management Policy By-Law No. 2022-72 at the August 22, 2022, regular meeting of Council.
Carried
7. Clerk Report No. C 22-44
Re: Report of the Integrity Commission (IC) dated August 4, 2022
In the matter of a complaint against Deputy Mayor Debbie Myles
Deputy Mayor Myles declared a conflict of interest, “as the complaint was about me”, and stated that she would leave the Council Chambers for discussions surrounding Agenda Item #7, Report of the Integrity Commission (IC) dated August 4, 2022, in the matter of a complaint against Deputy Mayor Debbie Myles.
Prior to leaving the Council Chambers, Deputy Mayor Myles questioned why the Integrity Commissioner’s report was on the August 8, 2022 Council agenda despite missing the Wednesday, August 3, 2022 deadline by a period of 24 hours.
Clerk, Cathy Addison, responded and stated that under Municipal Act, 2001, all outstanding Integrity Commissioner reports must be dealt with by Council prior to Nomination Day, August 19, 2022. She further noted that the August 8, 2022 was the last Council meeting prior to the August 19, 2022 deadline.
Deputy Mayor Myles left the Council Chambers at 1:21 p.m.
Council discussion ensued regarding the information contained within the Report of the Integrity Commission dated August 4, 2022 in the matter of a complaint against Deputy Mayor Debbie Myles.
#21-10-2022
Moved by Councillor James Mielhausen, Seconded by Councillor Megan Myles
That Council receives the Report of the Integrity Commissioner dated August 4, 2022, as it relates to the matter of a complaint lodged against Deputy Mayor Debbie Myles;
And that Council acknowledges the Integrity Commissioner, dated August 4, 2022;
And that Council approves suspension of Deputy Mayor Myles’ compensation for a period of 30 days from August 8, 2022, to September 6, 2022, as recommended by the Integrity Commissioner.
Carried
8. Chief Administrative Officer Report No. CAO 22-36
Re: Rotary Hall Agreement
Deputy Mayor Myles rejoined the meeting at 1:28 p.m.
Mayor McIver indicated that discussions should be held regarding the future of the Rotary Hall in Lion’s Head.
#21-11-2022
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Megan Myles
That Council receives the report titled Rotary Hall Agreement, and;
THAT Council approves the lease agreement with The Rotary Club of Northern Bruce Peninsula for the Rotary Hall in Lion’s Head commencing September 1, 2022, for a five (5) year period; and
THAT Council authorizes the Mayor and Clerk to execute a Lease Agreement between the Municipality and the Rotary Club of Northern Bruce Peninsula;
AND FURTHER THAT a by-law to authorize this lease agreement be presented to Council for passage at its regular meeting on August 29, 2022.
Carried
9. Chief Administrative Officer Report No. CAO 22-37
Re: Lion’s Head Shuttle Agreement
Having declared a conflict of interest, Councillor Myles did not participate in this portion of the meeting.
It was noted that the effective date for the Lion’s Head Shuttle Agreement is July 1, 2022 until September 5, 2022. CAO, Peggy Van Mierlo-West indicated that the extension to October 15, 2022 within the terms of reference of the agreement is to accommodate the potential utilization of the shuttle service following September 5, 2022 if Council deems fit.
#21-12-2022
Moved by Councillor Laurie (Smokey) Golden, Seconded by Deputy Mayor Debbie Myles
That Council receives the report titled Lion’s Head Shuttle Agreement, and;
THAT Council approves the agreement with The Golden Dawn Seniors Home for the operation of a shuttle service within Lion’s Head from July 1st, 2022 to October 15th, 2022 if deemed fit; and
THAT Council authorizes the Mayor and Clerk to execute an Agreement between the Municipality of Northern Bruce Peninsula and the Golden Dawn Senior Home for the provision of Shuttle Services within the Village of Lion’s Head;
Carried
10. Accounts Payable Voucher
Re: July 2022
Councillor Myles rejoined the meeting at this time.
#21-13-2022
Moved by Deputy Mayor Debbie Myles, Seconded by Councillor James Mielhausen
That Council receives approved Accounts Payable Voucher, July 2022, in the amount of $1,650,178.41
Carried
Other Business
Councillor Mielhausen stated that he received correspondence regarding public utilization of the Spry Road Allowance exceeding the parking capacity of the area.
CAO, Peggy Van Mierlo-West, indicated that a parking lot work shop will be conducted at the end of September regarding such matters.
Councillor Golden spoke regarding the heightened bear activity within the Tobermory town core as well as within residential areas within the northern half of the Municipality. She further noted that investigation into the bears natural habitats should be conducted to determine why the animals are retreating into public centers to search for food.
Discussion ensued concerning potential avenues to discourage bear activities within public sectors.
It was noted that members of the public can contact the following number if they are in danger as a result of bear activity – 1 (866) 514 2327
It was noted that the Municipal representatives have met with SON, Parks Canada and the Ministry of Natural Resources regarding the issues and are actively working to address the situation.
Councillor Myles inquired regarding a status update on the Waterfront Plan
CAO, Peggy Van Mierlo-West, noted that Council should be able to review the draft Waterfront Plan at the August 22, 2022 Council meeting.
Councillor Myles inquired regarding the delegations scheduled for the Association of Municipalities of Ontario (AMO) Conference commencing on August 14, 2022.
CAO, Peggy Van Mierlo-West indicated that the Municipality of Northern Bruce Peninsula had been approved for 3 delegations; Northern Ontario Designation, Water and Waste Water infrastructure needs.
Discussion ensued regarding the infrastructure needs for Water and Waste Water servicing requirements within the Municipality.
Correspondence
1. David and Jennifer Butler (Information)
Re: Paradise Drive Appeal
#21-14-2022
Moved by Councillor James Mielhausen, Seconded by Councillor Megan Myles
That correspondence Item #6 be deferred until a policy can be made regarding public utilization of municipally owned property.
Carried
2. Northern Bruce Truth & Reconciliation Group (Information)
Re: Supporting MNBP Council and staff to develop and adopt a meaningful Territorial acknowledgement for use at Council and committee meetings
#21-15-2022
Moved by Councillor Megan Myles, Seconded by Deputy Mayor Debbie Myles
That CAO, Peggy Van Mierlo-West, bring a future report to Council regarding Correspondence Item #7 from the Northern Bruce Truth and Reconciliation Group
Carried
3. Robert Blackburn (Information)
Re: Activities at and use of the Gap Property
Councillor Golden did not participate in this portion of the meeting.
Councillor Golden left the Council Chambers at 2:36 p.m. and returned to her chair at 2:38 p.m.
It was noted that CAO, Peggy Van Mierlo-West will bring a report to Council regarding the utilization of the Gap Property.
4. Wolfgang Wachholz (Information)
Re: By-law pertaining to the use of the “GAP”
5. Ned and Mary Crawford (Information)
Re: Cabot Head Road Maintenance
Councillor Golden rejoined the meeting at this time.
It was noted that CAO, Peggy Van Mierlo-West will forward the report from the Municipal Solicitor regarding Cabot Head Road to Ned and Mary Crawford.
It was noted that members of the Dyer’s Bay Community will be included in any discussion regarding the area.
6. Norbert Woerns (Information)
Re: Environmental Road Crossings Cape Hurd Area
7. Town of South Bruce Peninsula (Information)
Re: Physician Shortage Ontario
#21-16-2022
Moved by Deputy Mayor Debbie Myles, Seconded by Councillor James Mielhausen
That correspondence items #3 – 7 be received as information as printed and circulated.
Carried
8. Tobermory Chamber of Commerce (Direction)
Re: Proposal for landscaping for Tobermory Harbour
Discussion ensued regarding the availability of funds for landscaping of the Tobermory Harbour.
It was noted that Keep the Bruce Clean and Green should be involved within the landscaping process regarding the maintenance of the proposed areas to be landscaped.
Staff were directed to report back to Council regarding the Tobermory Chamber of Commerce landscaping proposal for the Tobermory Harbour.
9. Butch (Loren) Carter (Direction)
Re: Uncontrolled public access at Pine Tree Harbour
Staff were directed to report back to Council regarding correspondence surrounding uncontrolled public access at Pine Tree Harbour.
10. Barrow Bay Property Owner’s Association (Direction)
Re: Break Wall Reconstruction and Channel Dredging/ Shoreline Erosion Control Project
Council directed Public Works Manager, Troy Cameron, to bring back a report regarding the road use proposal.
11. Mindy Scott (Direction)
Re: Tobermory Playground Update
Correspondence Item #11, Tobermory Playground Update was deferred until the 2023 Budget Review.
12. Caroline Harvey-Smith (Direction)
Re: Request for speed reduction on Dorcas Bay Road from Hwy 6 to the Singing Sands cross-walk
Council directed staff to review speed limits during the annual review for reduction on Dorcas Bay Road from Highway 6 to the Singing Sands Cross Walk.
Reading of By-laws
By-law 2022-67
Being a By-Law to Establish the Retention Periods for Certain Documents and Records to be kept by the Municipality of Northern Bruce Peninsula
By-law 2022-69
Being a By-Law to Adopt a Committee Appointment Policy for the Municipality of Northern Bruce Peninsula
By-law 2022-70
Being a By-law to Authorize an Encroachment Agreement with Phyllis Bernice Doris Hayes
By-law 2022-71
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 2022-77
Being A By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Monday, August 8, 2022
#21-17-2022
Moved by Councillor James Mielhausen
Seconded by Councillor Megan Myles
That the listed by-law(s) be given 1st, 2nd, and 3rd reading, and enacted.
Carried
Closed Session – Nil
Adjournment
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#21-18-2022
Moved by Councillor Laurie (Smokey) Golden, Seconded by Deputy Mayor Debbie Myles
That the meeting adjourns at 3:11 p.m.
Carried
