Municipality of Northern Bruce Peninsula Council Meeting Minutes April 11, 2023

315

Members Present: Mayor – Milt McIver, Deputy Mayor – Rod Anderson, Councillor – Todd Dowd, Councillor – Laurie (Smokey) Golden

Members Absent: Councillor – Aman Sohrab

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, GIS/IT Coordinator – Kara Smith, Chief Building Official – Wendy Elliott, Bylaw Enforcement Officer – Carol Hopkins

Others Present: Dominik Franken

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.

Approval of the Agenda

#10-01-2023

Moved by Councillor Todd Dowd, 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. 23-08, March 27, 2023 #10-02-2023

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd

That the minutes of Council Meeting No.23-08, March 27, 2023, be approved as printed and circulated.

Carried

Re: Special Council Meeting No. 23-09, April 3, 2023 #10-03-2023

Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden

That the minutes of Council Meeting No.23-09, April 3, 2023, be approved as printed and circulated. Carried

Public Meeting

Re: Fees and Charges By-law 

· Councillor Golden requested clarification on the proposed amendment of the Development Agreement Fee.

· CAO, Peggy Van Mierlo-West, noted that the fee is not a development charge and that the fee is intended to reflect the cost for staffing and increased cost of registration and legal fees.

· Councillor Golden inquired regarding the proposed Cruise Boat Docking Fee. 

· CAO, Peggy Van Mierlo-West, stated that there has been an increase a Great Lake Tours in the Tobermory Area. She further noted that the fee reflects the cost of utilizing Municipal infrastructure and that the boat operators have noted that the fee will not be a deterrent for future use of the area.

· Discussion ensued regarding an error concerning the single axle truck with plow fee. 

· No public comments were received.

· It was noted that once clarification is received on the noted items from the public works department that the By-law will be passed at the Council Meeting on April 24, 2023.

Mayor McIver opened the meeting to members of the public at this time.

No public comments were received at this time. 

It was noted that once clarification is received on the noted items from the public works department that the By-law will be passed at the Council Meeting on April 24, 2023.

#10-04-2023

Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Todd Dowd

That following Council discussions and should no comments arise with respect to these amendments and/or additions, Council will consider passage of the enacting the Fees and Charges By-law No. 2023-30 at its regular meeting on Monday, April 24, 2023. Carried

Delegation

Dominik Franken

Re: Lion’s Head Summer Music 

Dominik Franken appeared in person to present to Council. 

It was noted that a monetary contribution of $2,000 was provided by Council in 2022 to the Lion’s Head Summer Music Festival. 

It was noted that the mission of the event is to include amateur musicians from all age groups.

It was noted that the Lion’s Head Summer Music Festival will be a week long event commencing Monday, August 7, 2023.

The following items were requested by Dominik Franken for the event: 

· The utilization of the Harbour Side stage for the event

· Parking passes for musicians 

· The utilization of the Rotary Hall in the event of rain during the event

· A monetary contribution of $2000

Discussion ensued regarding the inclusion of musicians within the consultation process regarding the development of the new stage with the Waterfront Recreational Masterplan.

Council directed staff to review the requests from Dominik Franken.

Mayor McIver thanked Dominik for their delegation.

Consideration of Agenda Items

1. Public Works Manager Report No. PW 23-10

Re: Request for Installation of Wildlife Awareness Signage at Baptist Marsh Area

#10-05-2023

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd

That Council receives Public Works Department Report PW 23-10 titled Request for Installation of Wildlife Awareness Signage at Baptist Marsh Area; and

That Council supports a proposal from the Baptist Marsh Turtle Conservation Group to install two permanent wildlife crossing signs in the Baptist Marsh area (Cape Hurd Road), as part of the turtle and marsh wildlife conservation project, for Spring 2023. 

Carried

2. Public Works Manager Report No. 23-11

Re: Requests for Utilization of Unopened Road Allowance

Applicants: Fernando Cordero and Jorge Zea

Property descriptions: Concession 7 WBR, Part Lot 30 RP 3R195, Part 41 and Concession 7 WBR, Part Lot 30 RP 3R195, Part 43

#10-06-2023

Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden

That Council receives Public Works Department Report PW 23-11 titled Requests for Utilization of Unopened Road Allowance (Cordero and Zea); and 

That Council does not support the requests from Fernando Cordero and Jorge Zea for the use of the unopened road allowance legally described as Part 33 of Plan RP 3R195. 

Carried

3. Public Works Manager Report No. 23-12

Re: 2022 Annual Performance Report for the Tobermory Sewage Treatment System

Public Works Manager, Troy Cameron, noted that sludge removal is scheduled to occur in 2024.

Public Works Manager, Troy Cameron, provided a brief update regarding the mechanical breakdown at the Tobermory Sanitary Sewer Pumping Station.

It was noted that a report will come to Council once more information is provided on the situation. 

#10-07-2023

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd

That Council receives Public Works Department Report PW 23-12 titled 2022 Annual Performance Report for the Tobermory Sewage Treatment System; and

That Council directs staff to place a notice in the Municipal Ad in The Bruce Peninsula Press indicating that the Annual Report is available for viewing on the Municipal Website. 

Carried

4. Chief Building Official Report No. BD 23-04

Re: Trailer Agreement

Applicant/Owner (s): Mr. Christopher Drouillard

Ms. Stephanie Drouillard

Lindsay Con 8 EBR Pt Lot 40 RP 3R9844 Part 4, 154 Lindsay Road 40, Municipality of Northern Bruce Peninsula, County of Bruce

Assessment Roll No. 41 09 660 004 03872 0000

#10-08-2023

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Laurie (Smokey) Golden

That the Trailer Agreement requested by Mr. Christopher Drouillard and Ms. Stephanie Drouillard for the property legally described as Lindsay Con 8 EBR Pt Lot 40 RP 3R9844 Part 4; 154 Lindsay Road 40 (Assessment Roll No. 41 09 660 004 03872 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

5. Municipal Law Enforcement Officer Report No. MLEO 23-05

Re: Bylaw Enforcement Officer Appointments 2023 

#10-09-2023

Moved by Councillor Laurie (Smokey) Golden, Seconded by Deputy Mayor Rod Anderson

That Council receives MLEO Report 23-05 with regards to Bylaw Enforcement Officer Appointments Updates: and

That By-law No. 2023-35 appointing said individuals as Municipal Law Enforcement Officers, be adopted at the regular meeting on April 11, 2023.

Carried

6. Clerk Report No.C 23-14

Re: File Number – B/R/2022-2023/657

Applicant/Owners: Eric Jon Cone & Jamie Leanne Cone

Part Lot 38, Concession 5 EBR, 22 Forty Hills Road, Municipality of Northern Bruce Peninsula (Eastnor), County of Bruce – ARN 410962000622250

#10-10-2023

Moved by Councillor Todd Dowd, Seconded by Deputy Mayor Rod Anderson

That Council directs to staff to advise the Niagara Escarpment Commission (NEC) that the Municipality of Northern Bruce Peninsula has no comments with regards to the Development Permit application submitted by the owners, Eric Jon Cone & Jamie Leanne Cone for the property known Part Lot 38, Concession 5 EBR, 22 Forty Hills Road 348, Municipality of Northern Bruce Peninsula (Eastnor), County of Bruce is seeking approval to undertake improvements on an existing 1.2 ha (3 acre) and preform following work:

· to construct a new 1 storey ± 235.1 sq m (2531 sq ft) single dwelling with an attached garage having a maximum height of ± 8.2 m (27 ft),

· including a private sewage system, and well,

· and grading for driveway and minimal tree removal.

Carried

7. Chief Administrative Officer Report No. CAO 23-07

Re: Deputy Treasurer Job Description

Discussion ensued regarding the prerequisites associated with the Deputy Treasurer Job Description.

#10-11-2023

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd

That Council receives the report titled Deputy Treasurer Job Description, and;

That Council approves the attached job description, and; 

That Council approves moving forward with the hiring process.

Carried

8. Notice of Motion, Councillor Sohrab

Re: Cap Revision for Short-term Accommodation Licences within the Municipality of Northern Bruce Peninsula

#10-12-2023

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Laurie (Smokey) Golden

That the Notice of Motion be deferred until the Council meeting on April 24, 2023.

Carried

Other Business

Councillor Golden inquired regarding the completion of work at the Little Tub Harbour Boat Launch. 

CAO, Peggy Van Mierlo-West, stated that the project should be completed by May 16, 2023.

Correspondence

1. Multi Municipal Wind Turbine Working Group (Information) 

Re: January 12, 2023 Meeting Minutes

2. Terrie Dionne, Acting Field Unit Superintendent for Eastern and Central Ontario (Information)

Re: Changes to Parks Canada in Eastern and Central Ontario

3. Peninsula Pollinator Partnership (Information)

Re: Thank you Letter

4. Lake Huron Costal Centre (Information)

Re: Is the Coast Clear Conference, Friday, May 5, 2023

#10-13-2023

Moved by Councillor Todd Dowd, Seconded by Deputy Mayor Rod Anderson

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

Carried

Reading of By-laws

By-law 2023-35

Being a By-law to Appoint Municipal Law Enforcement Officers and Property Standards Officers for the Municipality of Northern Bruce Peninsula

By-law 2023-37

Being A By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Tuesday, April 11, 2023

#10-14-2023

Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Todd Dowd

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

Carried

Closed Session

#10-15-2023

Moved by Councillor Todd Dowd, Seconded by Deputy Mayor Rod Anderson

That Council move into closed meeting at 1:43 p.m. pursuant to Section 239 (2) of the Municipal Act, as amended, for the following reasons: (b)personal matters about an identifiable individual including municipal or local board members ;(Personnel – Human Resources Issue)

Carried

Reconvene from Closed Session to Resume Council Meeting

#10-16-2023

Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden

That Council reconvenes from Closed Session at 2:06 p.m. and resumes the Council meeting.

Carried

Following Closed Session, Mayor McIver advised that Council approved the previous minutes, the CAO presented a verbal update on personnel – human resources issues and Council direction was given to the CAO.

Adjournment

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#10-17-2023

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd

That the meeting adjourn at 2:10 p.m.

Carried