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, GIS/IT Coordinator – Kara Smith, Chief Building Official – Wendy Elliott, Bylaw Enforcement Officer – Carol Hopkins, Interim Treasurer – Tony Houad (Zoom), Parks and Facilities Manager – Mark Coleman
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 Golden stated the following “While I do not have a pecuniary interest I have decided not to participate in any discussion or decision on the Agenda item 7, regarding lifting of a holding zone on 19 Bay Street as the company making the request is owned by my sibling and I wish to avoid any perception of conflict as per the Code of Conduct”.
Councillor Golden stated the following “While I do not have a pecuniary interest, I have decided not to participate in any discussion or decision on correspondence items 10 and 11 on todays agenda as it refers to a company owned by my sibling and I wish to avoid any “perception “of conflict as per the code of conduct”.
Approval of the Agenda
#13-01-2023
Moved by Councillor Aman Sohrab, 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. 23-11, April 24, 2023
Clarification was noted on Page 3 with regards to the delegation from Parks Canada for the minutes from the April 24, 2023, Council meeting.
#13-02-2023
Moved by Councillor Todd Dowd, Seconded by Deputy Mayor Rod Anderson
That the minutes of Council Meeting No. 23-11, April 24, 2023, be approved as amended.
Carried
Re: Special Council Meeting No. 23-12, April 28, 2023
#13-03-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab
That the minutes of Council Meeting No. 23-12, April 28, 2023, be approved as printed and circulated.
Carried
Public Meeting – Nil.
Delegation – Nil.
Consideration of Agenda Items
1. GIS/IT Manager Report No. GIS IT 23-02
Re: Health and Safety Program Update
#13-04-2023
Moved by Councillor Laurie (Smokey) Golden, Seconded by Deputy Mayor Rod Anderson
THAT Council receives GIS/IT 23-02 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
AND FURTHER THAT it is in the best interest of all to practice proven health and safety principles in all work activities.
Carried
2. Public Works Manager Report No. PW 23-13
Re: Tender PW 2023-02 – Surface Treatment
Discussion ensued regarding the Surface Treatment program utilized by the Public Works Department.
It was noted that discussions will occur regarding replenishing the funds allocated from the reserves to support the road surfacing tenders.
#13-05-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab
That Council receives Public Works Department Report PW 23-13 titled Tender PW 2023-02 – Surface Treatment, and;
That Council awards the Surface Treatment Tender to Duncor Enterprises Inc. for the amount of $570,677.48, including HST, and;
That $45, 677.48 (including HST) be allocated from the Road Reserve.
Carried
3. Public Works Manager Report No. PW 23-14
Re: Tender PW 2023-03 – Micro Surfacing
Public Works Manager, Troy Cameron, provided an overview of the road surfacing methods utilized by the Municipality.
It was noted that the Micro Surfacing method has a life expectancy of 9-10 years.
It was noted that material and transportation costs are anticipated to increase over the next few years.
#13-06-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden
That Council receives Public Works Department Report PW 23-14 titled Tender PW 2023-03 – Micro Surfacing; and
That Council awards the Micro Surfacing Tender to Duncor Enterprises Inc. for the amount of $443,266.56, including HST; and
That Council authorize the use of the Roads Reserve to cover the difference $43,266.56 (including HST) between the tendered and budgeted amounts.
Carried
4. Chief Building Official Report No. BD 23-06
Re: Trailer Agreement
Applicant/Owner (s): Mr. Andrew Haayema, Ms. Brenda Haayema
Plan 3M263 Lot 6 23 Trillium Crossing, Municipality of Northern Bruce Peninsula County of Bruce
Assessment Roll No. 41 09 620 004 16783 0000
It was noted that the Municipality has not yet assumed Trillium Crossing. It was noted that Trillium Crossing will be assumed by By-law prior to the end of 2023.
#13-07-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab
That the Trailer Agreement requested by Mr. Andrew Haayema and Ms. Brenda Haayema for the property legally described as Plan 3M263 Lot 6; 23 Trillium Crossing (Assessment Roll No. 41 09 620 004 16783 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. Chief Building Official Report No. BD 23-07
Re: Trailer Agreement
Applicant/Owner (s): Mr. Kenton Heslip, Ms. Shelley Winch
Plan M88 Lot 34 18 Myles Drive, Municipality of Northern Bruce Peninsula County of Bruce
Assessment Roll No. 41 09 680 004 01806 0000
#13-08-2023
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Laurie (Smokey) Golden
That the Trailer Agreement requested by Mr. Kenton Heslip and Ms. Shelley Winch for the property legally described as Plan M88 Lot 34; 18 Myles Drive (Assessment Roll No. 41 09 680 004 01806 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
6. Chief Building Official Report No. BD 23-08
Re: Trailer Agreement
Applicant/Owner (s): Mr. Denis Meilleur
Plan 3M231 Lot 11 144 Devils Glen, Municipality of Northern Bruce Peninsula County of Bruce
Assessment Roll No. 41 09 620 001 18061 0000
#13-09-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab
That the Trailer Agreement requested by Mr. Denis Meilleur for the property legally described as
Plan 3M231 Lot 11; 144 Devils Glen (Assessment Roll No. 41 09 620 001 18061 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
7. Chief Building Official Report No. BD 23-09
Re: Lift Holding (H) Zone
Leased By: 1415747 Ontario Inc.
Town Plot Bury Water Lot Bay E/S 5 YR Lease 200607 00 002 Fisheries and Oceans (St. Edmunds), 19 Bay Street South
Assessment Roll No. 4109-680-005-31401-0003
Having declared a pecuniary interest, Councillor Golden did not participate in the meeting at this time.
It was noted that a mapping error is present regarding the fire number associated with the location on Bruce County Maps.
The current use of the property is permitted within the C1 Zone Permitted Uses.
#13-10-2023
Moved by Councillor Aman Sohrab, Seconded by Deputy Mayor Rod Anderson
That the removal of the Holding “H” zone requested by Public Works Canada of the property legally described as T Town Plot Bury Water Lot Bay E/S 5 YR Lease 200607 00 002 Fisheries and Oceans (St. Edmunds); 19 Bay Street South, Municipality of Northern Bruce Peninsula be approved, and;
The passage of By-law No. 2023-45 being a by-law to lift the Holding “H” zone, at its Council meeting on Monday May 23, 2023.
Carried
8. Chief Building Official Report No. BD 23-10
Re: Trailer Agreement
Applicant/Owner (s): Mr. Michael Browne, Ms. Faye Browne on behalf of Sara Martin
Lindsay Con 8 WBR Pt Lot 26 RP 3R6540 Part 31 75 Saddler Creek, Municipality of Northern Bruce Peninsula County of Bruce
Assessment Roll No. 41 09 660 001 32200 0000
Councillor Golden rejoined the meeting at this time.
#13-11-2023
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Aman Sohrab
That the Trailer Agreement requested by Sara Martin for the property legally described as Lindsay
Con 8 WBR Pt Lot 26 RP 3R6540 Part 31; 75 Saddler Creek,(Assessment Roll No. 41 09 660 001 32200 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
9. Parks and Facilities Manager Report No. PF 23-01
Re: Cemetery Maintenance Equipment Purchase
Clarification was provided by the Clerk regarding the Cemetery Lawn Maintenance position.
#13-12-2023
Moved by Councillor Laurie (Smokey) Golden, Seconded by Deputy Mayor Rod Anderson
That Council receives Parks and Facilities Report PF 23-01 regarding Cemetery Maintenance Equipment Purchase as information, and;
That Council approves the quote from Roberts Farm Equipment for one new Kubota #Z781KWI-54 Tractor/29.5HP/EFI Gas/54”Deck in the amount of $14,884.48 + HST, and;
That Council approves the quote from Terry’s Trailer Service for 2023 Canada Trailer,7 x 16 as described in the amount of $5,695.00 + HST, and;
That Council approves the purchase of one DEWALT 60V MAX 17 in. Cordless String Trimmer and Leaf Blower Combo Kit with (1) 9 Ah Battery & Charger in the amount of $569.00 + HST, and;
That Council directs Staff to fund the cemetery maintenance equipment purchases from the Municipality of Northern Bruce Peninsula Capital Reserve Fund.
Carried
10. Treasurer Report No. TR 23-17
Re: Proposed Implementation Plan for Administrative Monetary Penalties System Within the Municipality of Northern Bruce Peninsula
Discussion ensued regarding the benefits of the Administrative Monetary Penalties System (AMPS).
Municipal Law Enforcement Officer, Carol Hopkins, provided an overview of AMPS.
Chief Administrative Officer, Peggy Van Mierlo-West, noted that a review will be conducted regarding the costs associated with implementing AMPS, regarding staffing and service costs.
Discussion ensued regarding staff qualifications to implement AMPS.
Discussion ensued regarding current By-law Enforcement Services.
#13-13-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab
That Council receives Report TR 23-17 titled “Proposed Implementation Plan for Administrative Monetary Penalties System Within the Municipality of Northern Bruce Peninsula”; and
That the report be uploaded to Let’s Talk NBP – Public Comment Corner for thirty (30) days for public comment; and
That a subsequent report is brought back to Council for discussion and amendments to By-Law 2023-44, Administrative Monetary Penalties System Within Municipality of Northern Bruce Peninsula.
Carried
11. Clerk Report No. C 23-16
Re: Archaeological Assessment
It was noted that an Archaeological Assessment is being conducted in Dunks Bay Cemetery.
Councillor Golden inquired regarding cleaning up the brush and stumps located at the Dunks Bay Cemetery.
Clerk, Cathy Addison, noted that until Stage 1 of the Archaeological Assessment is approved, work can not be completed at the site. It was noted that if items of archaeological importance are found during Stage 1 of the Assessment, that Stage 2 of the Archaeological Assessment will commence.
It was noted that an Ontario Archaeological website is available to the public regarding areas of archaeological history within the province.
Mayor McIver noted that Bruce County is currently creating an Archaeological Master Plan
#13-14-2023
Moved by Councillor Aman Sohrab, Seconded by Councillor Laurie (Smokey) Golden
That Council receives Clerk Report C 23-16 regarding Archaeological Assessments as information.
Carried
12. Ad Hoc Museum Committee Minutes
Re: April 11, 2023, Meeting
#13-15-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab
That Council approves Ad Hoc Museum Committee minutes dated April 11, 2023, and approves all actions contained therein.
Carried
13. Chi Cheemaun Festival Committee Minutes
Re: April 27, 2023, Meeting
#13-16-2023
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Laurie (Smokey) Golden
That Council approves Chi Cheemaun Festival Committee minutes dated April 27, 2023, and approves all actions contained therein.
Carried
Other Business
Councillor Golden requested that she would like any information regarding the Gap to remain separated from the issues surrounding neighboring properties.
She further stated that the Gap is a dangerous area regarding accessibility, swimming, and accessing the shore from the water.
Councillor Golden noted that utilizing the area as parkland, through the implementation of associated amenities, would attract more people to the unsafe area.
Councillor Golden noted that the utilization of other unopened road allowances in close proximity to the Gap, not included within the land claim, would be more appropriate for visitor water access.
Deputy Mayor Anderson noted that he supported Councillor Golden participating in discussions surrounding the Gap property.
He further noted that although the property is not suitable for swimming, it is a perfect location for water, sunset and ferry viewing.
Deputy Mayor Anderson noted that the property should be made accessible for individuals to experience the views associated with the site.
Mayor McIver noted that a survey needs to be conducted at the property prior to proceeding with discussions regarding the Gap.
Chief Administrative Officer, Peggy Van Mierlo-West, noted that a survey will be conducted at the property and concept plans will be provided to Council to stimulate conversation surrounding the access.
Chief Administrative Officer, Peggy Van Mierlo-West, noted that a report will be provided at the Council Meeting on Tuesday, May 23, 2023, regarding the Gap.
It was noted that Council members support Councillor Golden’s participation in discussions surrounding the Gap property.
It was noted that Municipal Law Enforcement Officer, Carol Hopkins, will provide comment within the Gap report regarding the Parking By-law as it pertains to the Gap.
Councillor Dowd noted an issue regarding the trends observed within Tobermory concerning the transition from sit-down restaurants to take-out venues.
Chief Administrative Officer, Peggy Van Mierlo-West, noted that discussions with the Bruce County Economic Development team can occur regarding business establishment and attraction.
Correspondence
1. Ed and Paula Bernard (Information)
Re: Cameron Lake Road
Public Works Manager, Troy Cameron, provided an overview of Cameron Lake Road. It was noted that the portion of the road indicated within the correspondence items is currently not included within the Roads Needs Study.
It was noted that a majority of the road is currently Tar and Chip with Micro Surfacing, and the remainder of the road is gravel.
It was noted that Cameron Lake Road is a low traffic area with a posted speed limit of 50 km/h.
It was noted that the portion of road may receive for Tar and Chip surfacing in the future.
It was noted that the Public Works Department will contact the individuals who submitted correspondence items concerning Cameron Lake Road.
2. Carol and Brian Shaw (Information)
Re: Cameron Lake Road
3. John Waters (Information)
Re: Cameron Lake Road
4. Scarlett Janusas and Douglas Sweiger (Information)
Re: Cameron Lake Road
5. Paul Mundy (Information)
Re: Barney’s Blvd Road Maintenance
Public Works Manager, Troy Cameron, noted that there are no defined ditches at the bottom of the hill in both directions. He further noted that this is an older subdivision development and there was no proper drainage implemented at the time of development.
It was noted that the Public Works Manager will reach out to Mr. Mundy to discuss his concerns regarding the road.
6. Lilly Ryzebol (Information)
Re: Positive Feedback for Ryan Dunlop of Ledcor
7. Chris Peabody, Bruce County Warden (Information)
Re: IESO Pathways to Decarbonization ERO Response
8. Claire Dodds, Director of Planning and Development (Information)
Re: Response to Independent Electricity System Operator’s (IESO) Pathways to Decarbonization Study
9. Rick Byers, MPP (Information)
Re: Office Relocation
#13-17-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab
That correspondence items #1-9 be received as information as printed and circulated.
Carried
10. Bob Blackburn (Information)
Re: Gap visit and survey
Having declared a pecuniary interest, Councillor Golden did not participate in the meeting at this time.
11. Bob Blackburn (Information)
Re: Gap Encroachment
#13-18-2023
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Aman Sohrab
That the correspondence items # 10 &11 be received as information as printed and circulated.
Carried
Reading of By-laws
By-law 2023-38
A By-law to Establish Policies and Procedures for the Procurement of Goods and Services and the Disposal of Surplus or Obsolete Goods.
Councillor Golden rejoined the meeting at this time.
By-law 2023-43
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 8, 2023
#13-19-2023
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
#13-20-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab
That Council move into closed meeting at 2:12 p.m. pursuant to Section 239 (2) of The Municipal Act, 2001, as amended, for the following reasons: e) litigation or potential litigation including matters before administrative tribunals affecting the municipality or local board, and f) advice that is subject to solicitor client privilege including communications necessary for that purpose (Native Land Claim) 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
#13-21-2023
That Council reconvenes from Closed Session and resumes the Council meeting at 2:41 p.m.
Carried
Following Closed Session, Mayor McIver advised that Council approved the previous minutes of April 24, 2023, the CAO presented a verbal update on the native land claims hearing, and a final report on human resource issue was reviewed.
Adjournment
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#13-22-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden
That the meeting adjourns at 2:43 p.m.
Carried
