Municipality of Northern Bruce Peninsula Council Meeting Minutes April 24, 2023 

207

Following Source Protection Authority Meeting 23-01.

Members Present: Mayor – Milt McIver, Deputy Mayor – Rod Anderson, Councillor – Todd Dowd, Councillor – Laurie (Smokey) Golden, 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, Chief Building Official – Wendy Elliott, Bylaw Enforcement Officer – Carol Hopkins, Fire Chief – Jack Burt (Arrived at 1:23 p.m.), Interim Treasurer – Tony Houad (Zoom)

Others Present: Ethan Meleg, Acting Superintendent of Bruce Peninsula National Park and Fathom Five National Marine Park, Laura Burnside, Parks Canada, Sean Liipere, Parks Canada, John Rodgers, Bill Ceaser

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 the adjournment of the Source Protection Authority Meeting, 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.

Approval of the Agenda

#11-01-2023

Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Aman Sohrab

That the content of the agenda be approved as presented. Carried

Adoption of the Minutes

Re: Council Meeting No. 23-10, April 11, 2023 #11-02-2023

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

That the minutes of Council Meeting No. 23-10, April 11, 2023, be approved as printed and circulated. Carried

Public Meeting – Nil.

Delegation

Bruce Peninsula National Park and Fathom Five National Marine Park, Acting Superintendent Ethan Meleg 

Re: Parks Canada Update

Mayor McIver welcomed Ethan Meleg to the April 24, 2023, Council Meeting. 

Ethan Meleg noted that Sean Liipere and Laura Burnside accompanied him to today’s meeting.

Ethan Meleg provided a brief overview of various projects and methods utilized within Parks Canada. Discussion ensued regarding the following items: 

· Management Planning 

· Land Acquisition

-It was noted that two new properties were acquired by Parks Canada within the Municipality of Northern Bruce Peninsula in 2022.

· Together with Giigoonyag

-It was noted that Giigoonyag means fishes

-Lake White Fish Studies in collaboration with SON, OMNRF and Parks Canada.

· Sustainable Tourism and Visitation Management 

-It was noted that there was a 25% decrease in turn-aways from 2021-2022.

· Big Tub Harbour Safety 

-It was noted that Parks Canada has submitted a proposal to Transport Canada regarding the expansion of the restricted area and new speed limit in Big Tub Harbour.

-It was noted that Parks Canada retains a commitment to providing access to landowners adjacent to the proposed expanded restricted area.

· Winter Offer (Pilot) 

-It was noted that there is an increasing number of visitors to the Bruce Peninsula National Park within the winter season.

· Visitor Safety 

-It was noted that a 3-year pilot project for a new model visitor safety team has been implemented with an objective of proactive, preventative visitor safety approaches. 

Discussion ensued regarding the Visitor Safety Team Pilot Project.

Councillor Golden noted that the waters surrounding the Municipality of Northern Bruce Peninsula are vital to the area. She further stated that the Municipality should be consulted regarding proposed projects where jurisdictional overlaps may occur. 

Councillor Golden further inquired regarding what is permitted within Zone 1 and Zone 2 provisions.

It was noted that the deadline for comments is June 8, 2023. 

Discussion ensued regarding the consultation process for projects regarding the Fathom Five National Marine Park. 

It was noted that Ethan Meleg will provide Council with information regarding Fathom Five National Marine Park and the National Marine Conservations Act (NMCA).

Mayor McIver thanked Ethan Meleg and his team for their presentation

John Rodgers and Bill Ceaser

Re: Drainage Committee Proposal

John Rodgers and Bill Ceaser appeared in person at the April 24, 2023, Council Meeting. 

John Rodgers provided an overview of the Drainage Day which was held on March 29, 2023. It was noted that Drainage Day was a joint effort between the Bruce Peninsula Biosphere Association, local farmers and agricultural companies. 

It was noted that approximately 80% of survey respondents noted that they have drainage issues.

Discussion ensued regarding flooding patterns within the Municipality of Northern Bruce Peninsula.

Discussion ensued regarding a proposed Drainage Committee within the Municipality of Northern Bruce Peninsula.

It was noted that current drainage reviews are conducted on a reactive basis.

Chief Administrative Officer, Peggy Van Mierlo-West, noted that a report will be brought to Council within the next 2 months regarding the proposed Drainage Committee. 

Mayor McIver thanked John Rodgers and Bill Ceaser for their presentation. 

Consideration of Agenda Items

1. Notice of Motion, Councillor Sohrab

Re: Short-term Accommodation Licence Cap

Councillor Sohrab, noted that the previous implementation of a cap of 700 Short-term Accommodation Licences represented approximately 14% of households within the Municipality of Northern Bruce Peninsula. Councillor Sohrab further noted that lowering the cap to 510 licences would represent approximately 10% of total housing within the Municipality. 

Discussion ensued regarding the Short-term Accommodation Program. 

Committee and Licensing Coordinator provided a brief update on the number of the valid Short-term Accommodation licences within the Municipality.

It was noted that there are currently 347 Licenced Short-term Accommodations within the Municipality.

Discussion ensued regarding the implementation of Administrative Monetary Penalties (AMPs) within the Municipality.

It was noted that the cap will be revisited during the annual review of the Short-term Accommodation Program.

The Clerk stated that the Short-term Accommodation Program will uphold a cap of 700 Short-term Accommodation Licences as approved by Council at the March 27, 2023, Council Meeting. 

#11-03-2023

That Council does not support a cap of 700 Short-term Accommodation Licences and the Short-term Accommodation Bylaw, as previously supported at the March 13th Council meeting; and 

That Council now supports a cap of 510 Short-term Accommodation Licences and the Short-term Accommodation Bylaw, effectively April 25, 2023.

Motion Defeated

2. Public Works Manager Report No. PW 23-17

Re: Lion’s Head Drinking Water System Inspection Rating Report and Risk Methodology 

#11-04-2023

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

That Council receives Public Works Department Report PW 23-17 titled Lion’s Head Drinking Water System Inspection Rating Report and Risk Methodology, as information.

Carried

3. Public Works Manager Report No. PW 23-18

Re: Annual Monitoring Reports for the Waste Disposal Sites 

It was noted that the municipal landfills will be included on the agenda for the Special Council Meeting on Friday, April 28, 2023, Re: Road Tour. 

#11-05-2023

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That Council receives Public Works Department Report PW 23-18 titled 2022 Annual Monitoring Reports for the Waste Disposal Sites; and 

That Council supports the recommendations provided by GM BluePlan Engineering Limited as contained within each of the Annual Monitoring Reports. 

Carried

4. Public Works Manager Report No. PW 23-19

Re: Isthmus Bay Road Reconstruction Project, Phase 2 Tender Award 

#11-06-2023

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That Council receives Public Works Department Report PW 23-19 titled Isthmus Bay Road Reconstruction Project, Phase 2 Tender Award; and 

That Council awards Contract No. 16-019C-2 for Isthmus Bay Road Reconstruction – Phase II to E.C. King Contracting at the tender price of $1,373,049.60, plus HST, as per a letter of recommendation from GSS Engineering Consultants Ltd.; and

That Council authorizes GSS Engineering Consultants Ltd. to oversee the contract administration and site supervision for this contract. 

Carried

5. Chief Building Official Report No. BD 23-05

Re: No Demand for Services Site Plan Control Agreement 

Owner: Ms. Helen Janette Butlin

Con 6 EBR Pt Lot 5, not assigned Ackerman Lane

Assessment Roll No. 4109-660-003-00600-0000

Property Identifier Number (PIN): 33110-0253 (LT)

#11-07-2023

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

That, registration of a No Demand for Services Site Plan Control Agreement requested by Ms. Helen Janette Butlin, owner of the property legally described as Con 6 EBR Pt Lot 5 and located on Ackerman Lane, addressed unassigned, Municipality of Northern Bruce Peninsula be approved.

Carried

6. Treasurer Report No. TR 23-15

Re: Co-Operative Purchasing and Purchasing Policy Amendments

Discussion ensued regarding provisions 7.1 and 7.2 within the Co-operative Purchasing and Purchasing Policy Amendments with regards to the word “may”.

It was noted that staff will review the wording contained within the provisions.

#11-08-2023

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Aman Sohrab

That Council receives the Interim Treasurer’s Report TR23-15 regarding Co-operative Purchasing and increases to the spending limits established by By-law 2020-70; and

That Council approves Northern Bruce Peninsula’s participation with Local Authority Services/Canoe; and

That Council approves By-law 2023-38, “Being A By-Law to Establish Policies and Procedures for The Procurement of Goods and Services and The Disposal of Surplus or Obsolete Goods”.

Carried

7. Treasurer Report No. TR 23-16

Re: Classical Music Series

#11-09-2023

Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Aman Sohrab

That Council receives Treasurer’s report TR23-16 regarding the Classical Music Series at the Lion’s Head Harbour; and

That Council approves use of the Lion’s Head harbourside stage for the week of August 7th to the 13th, with the Rotary Hall booked as a backup in case of inclement weather; and

That Council approves funding in the amount of $1,000 to assist with expenses.

Carried

8. Clerk Report No. C 23-15

Re: Cemetery Manager and Cemetery Lawn Maintenance Request for Proposals

#11-10-2023

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That Council receives Clerk Report C 23-15 as information with respect to the Request for Proposals for Cemetery Manager and Cemetery Lawn Maintenance for the four (4) Municipal Cemeteries; and

That the contract for the Cemetery Manager be awarded to Owen Sound Vault Works Limited, on a fee for services basis commencing July 1, 2023, for three (3) year period, concluding on June 30, 2026, noting the third year is to be renegotiated; and

That By-law No. 2023-40 to authorize the Cemetery Manager contract be presented to Council for passage at its regular meeting on May 8, 2023; and

That Council supports the Cemetery Committee’s decision to hire a seasonal municipal employee to undertake the Cemetery Lawn Maintenance from April 15th to October 15th at the municipal cemeteries, instead of a contract position.

Carried

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

Re: 1st Quarter Report

#11-11-2023

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

That Council receives the report titled 1st Quarter Report.

Carried

10. Accounts Payable Voucher

Re: March 2023

#11-12-2023

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

That Council receives approved Accounts Payable Voucher, March 2023, in the amount of $3,692,071.14.

Carried

11. Chi Cheemaun Festival Committee 

Re: April 12, 2023, Meeting Minutes

Councillor Sohrab provided a brief overview from the Chi Cheemaun Festival events, to date. 

It was noted that the 2023 Chi Cheemaun Festival will be a 3 day event occurring from Friday, June 16th to Sunday, June 18th, 2023.

#11-13-2023

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

That Council approves Chi-Cheemaun Festival Committee minutes dated April 12, 2023, and approves all actions contained therein.

Carried

12. Cemetery Committee 

Re: April 18, 2023, Meeting Minutes

#11-14-2023

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

That Council approves Cemetery Committee minutes dated April 18, 2023, and approves all actions contained therein.

Carried

Other Business

Mayor McIver inquired regarding the Bruce County Fire School which occurred in Tobermory from April 22-23, 2023.

Fire Chief, Jack Burt, stated that approximately 100 people attended the 2 day training event. He further stated that the following training workshops were offered.

– Search and rescue 

– Rural water supply

– Live fire

– Auto extrication

– Wildfire – Forest Firefighting

Fire Chief, Jack Burt, noted that the training was well attended and received strong community support.

Deputy Mayor, Rod Anderson, noted that the Volunteer Recognition Day held on Wednesday, April 19, 2023, was well attended and well organized by staff.

It was noted that 36 community volunteers were recognized at the event. 

Councillor Golden inquired regarding revisiting the repair and reopening of Cabot Head Road.

Discussion ensued regarding Cabot Head Road. 

Chief Administrative Officer, Peggy Van Mierlo-West noted that a report will be brought back to Council.

It was noted that Cabot Head Road will be included on the agenda for the Special Council Meeting on Friday, April 28, 2023, Re: Road Tour.

Correspondence

1. Source Protection Committee (Information)

Re: November 25, 2022 Meeting Minutes

2. Clean Energy Frontier (Information)

Re: April 2023 Update

3. Crime Stoppers of Grey Bruce (Information)

Re: Program Coordinator’s Report – January 1 – March 31 (Q1)

4. Ministry of Municipal Affairs and Housing (Information)

Re: The Helping Homebuyers, Protecting Tenants Act

5. Resolution – Municipality of Shuniah (Information)

Re: Municipalities retaining surplus proceeds from Tax Sales

#11-15-2023

Moved by Councillor Aman Sohrab

Seconded by Deputy Mayor Rod Anderson

That Council supports the following resolution from the Municipality of Shuniah. 

THAT Council receive and support the resolution from the Town of Essex regarding Municipalities Retaining Surplus Proceeds from Tax Sales;

AND THAT Council direct the Clerk to forward a copy of this resolution to Honourable Peter Bethlenfalvy, Minister of Finance, Lise Vaugeois, MPP, Kevin Holland, MPP, Association of Municipalities of Ontario (AMO) and all other Ontario Municipalities.

Carried

6. Resolution – Township of Mulmur (Information)

Re: Bill 5- Stopping Harassment and Abuse by Local Leaders Act, 2022

#11-16-2023

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

That the correspondence items #1-4 and #6 be received as information as printed and circulated.

Carried

Reading of By-laws

By-law 2023-30

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

By-law 2023-39

Being A By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Monday, April 24, 2023

#11-17-2023

Moved by Councillor Aman Sohrab, Seconded by Councillor Laurie (Smokey) Golden

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

Carried

Closed Session

#11-18-2023

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Aman Sohrab

That Council move into closed meeting at 2:32 p.m. pursuant to Section 239 (2) of The Municipal Act, 2001, as amended, for the following reasons: (c) A proposed or pending acquisition or disposition of land by the municipality or local board; (9 Bay Street, Tobermory and PT FARM LT 4 Chi Sin Tib Dek Road) and (b) personal matters about an identifiable individual including municipal or local board members; (Personnel – Human Resources Issues)

Carried

Reconvene from Closed Session to Resume Council Meeting

#11-19-2023

Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Aman Sohrab

That Council reconvenes from Closed Session at 3:04 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 property know as Part Farm Lot 4 E/S Bury Rd PL Bury Chi Sin Tib Dek Road and a human resource issue, direction was given to the CAO.

Adjournment

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#11-20-2023

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Aman Sohrab

That the meeting adjourns at 3:05 p.m.

Carried