Municipality Of Northern Bruce Peninsula Council Meeting Minutes (Electronic) June 8, 2020

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MEMBERS PRESENT: Mayor Milt McIver, Deputy Mayor Debbie Myles, Councillor Laurie (Smokey) Golden, Councillor James Mielhausen, Councillor Megan Myles

STAFF PRESENT: Peggy Van Mierlo-West, Chief Administrative Officer, Cathy Addison, Deputy Clerk, Tessa Swanton, Administrative Assistant, Troy Cameron, Public Works Manager, Ryan Deska, Manager of Community Services, Carol Hopkins, By-law Enforcement Officer, Wilf Barnes, Fire Chief, Wendy Elliott, Chief Building Official 

OTHERS PRESENT: Robert Barnett, Escarpment Biosphere Conservancy, Leroy Dirckx 

NOTE: In the absence of the ability to vote by a show of hands, in accordance with By-law No. 2018-73, Section 2(dd), Council votes will be recorded for resolutions presented at electronic Council meetings.

DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF

Mayor McIver called the meeting to order at 1:01 p.m. and Council members were reminded to disclose any pecuniary interest and the general nature thereof that may arise during the course of the meeting.

Deputy Mayor Myles declared a conflict of interest with respect to a portion of Closed Session relating to “discussions about Cheri Hofstrand who is my daughter and Ted Phillips who is my husband”. 

Councillor Myles declared a conflict of interest with respect to Agenda Item #6, Manager of Community Services Report No. 20-33, regarding the Lion’s Head Farmers’ Market Reopening “because my mother is a co-manager of the market”. 

Councillor Myles declared a conflict of interest with respect to Correspondence Item #3 “because I own/operate a tourist accommodation (hostel) in the Municipality”. 

APPROVAL OF THE AGENDA

Moved by J. Mielhausen Resolution #25-01-2020 Seconded by L. Golden

THAT the content of the agenda be approved as presented. 

The Deputy Clerk proceeded to call and record the votes of Council:

Councillor Golden Yes

Councillor Mielhausen Yes

Councillor Myles Yes

Deputy Mayor Myles Yes

Mayor McIver Yes 

The Deputy Clerk announced that the motion was carried. Carried

ADOPTION OF THE MINUTES

RE: Council Meeting No. 20-24, May 25, 2020

Moved by L. Golden Resolution #25-02-2020 Seconded by M. Myles 

THAT the minutes of Council Meeting No. 20-24, May 25, 2020 be approved as printed and circulated.

The Deputy Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Deputy Clerk announced that the motion was carried. Carried

PUBLIC MEETING

There is no Public Meeting for Council Meeting No. 20-25, June 8, 2020. 

DELEGATION

Delegation #1- Escarpment Biosphere Conservancy- Robert Barnett

RE: Request that Council does not rezone this property as recommended

Mr. Barnett joined the Council Meeting and expressed his concerns with rezoning Part Lot 26, Concession 8, WBR, (Lindsay), Part 31, Plan 3R-6540, – Sadler Creek Road. He explained that he does not believe that the application meets the municipal objectives of conserving the unique natural environment and encouraging well managed growth. Mr. Barnett stated that the project is not successful in terms of meeting municipal objectives. 

Mr. Barnett referenced multiple letters from qualified professionals, such as the Saugeen Ojibway Nation (SON) that suggest issues with the development proposal. He said that one opinion from a biologist should not out weight all of the other expert opinions that were originally provided. Mr. Barnett encouraged Council to rethink their decision pertaining to approving the application. He noted that two studies are currently underway in the area with respect to birds and reptiles. 

Councillor Myles questioned if staff had any insight regarding the process for appeal if the by-law approving the rezoning of the property is approved at today’s meeting. CAO, Peggy Van Mierlo-West informed that an appeal can be submitted to the Local Planning Appeals Tribunal (LPAT). 

Mayor McIver thanked Mr. Barnett for his presentation. 

Delegation #2- Leroy Dirckx, Warren Stewart and Kenneth Robert Campbell

RE: Request for Council to resolve that it conditionally supports the application by the applicant as was previously submitted to Council NEC Application B/R/2017- 2018/9928, Parts 1 and 2, Plan 3R-728, No civic address

(Council Meeting March 25, 2019, Clerks Report No. C 19-22)

Leroy Dirckx was welcomed to the Council Meeting and provided an update on the development permit application submitted to the Niagara Escarpment Commission for properties described as Part Lot 9, Concession 14, EBR, Parts 1 & 2, Plan 3R-728 (Eastnor), no civic address.

Mr. Dirckx indicated that there was past discussion regarding access to the property. He referenced a report from Amanda Herbert, Planner with Bruce County Planning dated April 6, 2019 that suggested an issue with the property not fronting on a public road.

Mr. Dirckx proceeded to reference the Road Access Act that implies that the access is classified as a driveway. He requested that Council conditionally approve the development permit application based on receiving legal access to the property. 

Mr. Dirckx provided further explanation relating to the Road Access Act and noted that the access does not have to be a road allowance, but rather a road that has been used over time to access the property including a driveway.

A meeting with the Niagara Escarpment Commission (NEC) is scheduled for June 18, 2020 as indicated by Mr. Dirckx. He stated that he would like to have Council’s support of the application so that it can be presented during his meeting with the NEC.

Mrs. Van Mierlo-West indicated that she had provided background information on the file to Council prior to the meeting. 

Councillor Myles stated that she is uncomfortable conditionally supporting a building permit at this time without a report from staff or the County of Bruce. 

Mr. Dirckx said that the NEC is making the decision regarding the issuance of a development permit on the subject property and the Municipality is not liable. He requested conditional approval based on if the conditions are met according to the NEC. He asked for support from the Municipality.

Mayor McIver commented on the issue regarding road frontage and mentioned that some studies that are referenced may be irrelevant and outdated.

Mr. Dirckx referred to some studies that were completed including a building envelope study, hydrogeological study and massasauga rattlesnake study.

Mayor McIver opened the floor to a motion from a member of Council to be presented as per Mr. Dirckx request. No motion was presented at this time.

Mayor McIver informed that the previous motion is still in effect from March 25, 2019. The previous resolution read as follows:

“Moved by J. Mielhausen Resolution #09-11-2019 Seconded by L. Golden

THAT Council directs staff to submit to the Niagara Escarpment Commission, the Municipality’s position to not support the Development Permit application submitted by the applicant, Kenneth Robert Campbell, and the agent, Leroy D. Dirckx, on behalf of the owner, Janet Stewart, for property known as Part Lot 9, Concession 14, EBR, Parts 1 and 2, Plan 3R-728, (Eastnor), Municipality of Northern Bruce Peninsula and situated without frontage on a publicly assumed and maintained Municipal road. 

AND THAT Council acknowledges that the development proposes:

• the construction of a 2 storey, 1,423 square foot dwelling with a maximum height of 26.25 feet

• installation of roof-mounted solar collectors

• installation of a private sewage disposal system

• construction of a 592 square foot cantilevered deck

• construction of a 480 square foot accessory building (detached garage)

• installation of above ground hydro from Hunter Court (formerly Georgian Drive) to the northern boundary of Lot 8, Concession 14, EBR, (Eastnor) and then an underground service to the proposed dwelling

• construction of a private 20-foot wide driveway approximately 1,476 feet in length from the terminus of Hunter Court (formerly Georgian Drive) across a lot owned by Warren Stewart which the applicant intends to purchase an interest and then following what is described as an existing access road to the subject property installation of a gated entrance near the frontage of Mr. Stewart’s land with Hunter Court (formerly Georgian Drive). Carried

Councillor Myles recommended to leave this matter under the jurisdiction of the NEC.

In response to a question from Councillor Mielhausen regarding the property not receiving winter maintenance, Mr. Dirckx explained the Road Access Act and said that a driveway path crossing private property is permitted. 

Councillor Golden asked Mr. Dirckx if he would consider rescheduling his appointment with NEC to allow Council to become more informed on this matter.

Mr. Dirckx indicated that the meeting has already been rescheduled. He stated that there is no local support from the Municipality or the County of Bruce on his application and that a lack of support will not benefit his meeting or likelihood of approval from NEC. Mr. Dirckx said that he believes in property rights and being able to build on your property. 

With no further discussion, Mayor McIver thanked Mr. Dirckx for his presentation. 

CONSIDERATION OF AGENDA ITEMS

1. Notice of Motion- Councillor Megan Myles

RE: High-speed internet

Councillor Myles commented that the Province of Ontario has just recently announced a $150 million investment in reliable broadband and cellular service. She mentioned that County of Grey Council members will also be voting on a comparable motion requesting that Premier Ford champion the implementation of broadband internet in our areas. Councillor Myles stated that her motion is requesting that staff prepare a report on the issue to give Council a better understanding. 

Mayor McIver suggested a minor change to Councillor Myles’ motion. 

CAO, Peggy Van Mierlo-West advised that she can attempt to arrange a presentation to Council from Eastlink and Southwestern Integrated Fibre Technology (SWIFT). 

With a minor amendment, Council approved the following resolution:

Moved by L. Golden Resolution #25-03-2020 Seconded by J. Mielhausen

THAT affordable, reliable high-speed internet is an essential service to local youth, residents and businesses; 

AND THAT the lack of high-speed internet in our Municipality is a barrier to: 1) local youth (approximately 30%) participating in online learning; 2) local businesses competing in the online marketplace; 3) local residents working from home and staying socially connected; and 4) our most vulnerable populations accessing for social supports and services; 

AND THAT the current COVID-19 pandemic has amplified the gap in internet connectivity and its impact on the well-being of local residents and further increased the urban-rural socioeconomic divide; 

AND THAT the Municipality’s 2017 Economic Development Strategy identified development of high-speed internet as its first recommendation; 

AND THAT, on May 11, 2020, Council unanimously supported Resolution #6 from the Township of Armour with respect to the need to make substantial investments in high speed internet connectivity in the rural areas of Ontario, and supported GBTel’s funding application to bring advanced fibre to the Municipality of Northern Bruce Peninsula; 

THEREFORE BE IT RESOLVED THAT Council requests a Staff report on the current availability, quality and cost of internet service across the Municipality, including potential public and private partnerships and a presentation to Council from Eastlink (the primary local internet service provider), Council can pursue to improve access to affordable, reliable high-speed internet service.

The Deputy Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Deputy Clerk announced that the motion was carried. Carried

2. Public Works Department Report No. PW 20-26

RE: Blue Box Transition Update

Moved by M. Myles Resolution #25-04-2020 Seconded by D. Myles

THAT Council resolves the following:

WHEREAS the amount of single-use plastics leaking into our lakes, rivers, waterways is a growing area of public concern; and

WHEREAS reducing the waste we generate and reincorporating valuable resources from our waste stream into new goods can reduce GHGs significantly; and

WHEREAS the move to a circular economy is a global movement, and that the transition of Blue Box programs would go a long way toward this outcome; and

WHEREAS the Municipality of Northern Bruce Peninsula is supportive of a timely, seamless and successful transition of Blue Box programs to full financial and operational responsibility by producers of packaging, paper and paper products;

AND WHEREAS the Association of Municipalities of Ontario has requested municipal governments with Blue Box programs to provide an indication of the best date to transition our Blue Box program to full producer responsibility; 

THEREFORE, BE IT RESOLVED THAT the Municipality of Northern Bruce Peninsula would like to transition its Blue Box program to full producer responsibility effective December 31, 2025;

AND THAT this decision is based on the Municipality wishing to transition to full producer responsibility with the other municipalities in Bruce County, also wishing to transition on December 31, 2025, due to the possibility of collaboratively providing services;

AND THAT the Municipality of Northern Bruce Peninsula may be interested in providing collection services (through Waste Management of Canada or other private collector) to Producers, as a collaborative effort with the other municipalities in Bruce County, should we be able to arrive at mutually agreeable commercial terms;

AND FURTHER THAT the resolution be forwarded to the Association of Municipalities of Ontario and the Ontario Ministry of the Environment, Conservation and Parks.

The Deputy Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Deputy Clerk announced that the motion was carried.  Carried

3. Building Department Report No. BD 20-11

RE: Trailer Agreement

Applicant/Owner: Bethany Colleen Murray and Bryan Robert Murray

Concession 1 WBR Part Lot 46 RP 3R2094 Part 3 34 Warner Bay Road Assessment Roll No. 41 09 680 003 04100

Moved by J. Mielhausen Resolution #25-07-2020 Seconded by L. Golden

THAT Council recommends approval of the Trailer Agreement requested by the property owners, Bethany Colleen Murray and Bryan Robert Murray, for the property legally described as Concession 1 WBR Part Lot 46 RP 3R2094 Part 3 and located at 34 Warner Bay Road (Assessment Roll No. 41 09 680 003 04100), Municipality of Northern Bruce Peninsula. 

AND THAT the owners acknowledge 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. 

The Deputy Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Deputy Clerk announced that the motion was carried. Carried

4. Building Department Report No. BD 20-12

RE: May 2020 Building Report

Moved by L. Golden Resolution #25-08-2020 Seconded by D. Myles

THAT Council receives Chief Building Official Report No. BD 20-12, relating to the May 2020 Building Report, as information.

The Deputy Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Deputy Clerk announced that the motion was carried.  Carried

5. Building Department Report No BD 20-13

RE: Information Report 

Peter Loschnig

CON 8 EBRB PT LOT 2 1772 Bruce Rd 9 Assessment Roll No. 41 09 620 009 00300

Councillor Myles indicated that she had spoken with Mr. Peter Loschnig and he had expressed a concern with the Trailer Agreement fee. She asked if individuals are required to pay the $2,000.00 deposit for a full year or if there is an option for a monthly fee. 

Chief Building Official, Wendy Elliott informed that a building permit for a dwelling has to be issued prior to entering into a Trailer Agreement. She stated that Mr. Loschnig is not intending on applying for a building permit until next year, therefore it would not be in his best interest to enter into the Agreement at this time. Mrs. Elliott further explained that once the Agreement has been signed, the 1-year timeline begins. If the owner achieves occupancy within 1 year then they are entitled to request a refund of $1,000.00. If they do not achieve occupancy within 1 year, then they are permitted to request an extension to the Agreement of 1 year resulting in a total of a 2 year Agreement. If occupancy is not achieved after 2 years then the trailer is to be removed from the property.

Mrs. Elliott further said that she tries to be fair, consistent and apply the same rules to everyone. She stated that it is unfortunate that the owner’s house was lost; however, camping is not permitted on vacant properties as per Tent and Trailer By-law 2018-66. 

Moved by J. Mielhausen Resolution #25-09-2020 Seconded by D. Myles 

THAT Council receives Report No. BD 20-13 as information; 

AND THAT Council does not approve Peter and Katherine Loschnig’s request to be exempt from the provisions of the Tent and Trailer By-law No. 2018-66 and the Comprehensive Zoning By-law No. 2002-54.

The Deputy Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Deputy Clerk announced that the motion was carried. Carried

Having declared a conflict of interest, Councillor Myles did not participate in the following portion of the meeting. 

6. Manager of Community Services Report No. CS 20-33

RE: Lion’s Head Farmers’ Market Reopening

Moved by J. Mielhausen Resolution #25-10-2020 Seconded by D. Myles 

THAT Council receives Manager of Community Services Report CS 20-33, with information on the proposed plans brought forward by the Lion’s Head Farmer’s Market to re-open

THAT Council approves in principle the re-opening of the Lion’s Head Farmer’s Market for the 2020 season, provided the Market receives permission from Grey Bruce Public Health Unit and that the Public Safety Protocols from the Province as outlined by Farmers’ Markets Ontario are met.

The Deputy Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: In conflict 

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Deputy Clerk announced that the motion was carried. Carried

Councillor Myles resumed participation in the meeting at this time. 

7. Deputy Clerk Report No. DC 20-17

RE: Municipal Emergency Plan Amendments

Councillor Myles stated that it is good to get started on amendments to emergency plans and inquired if a more comprehensive plan review will occur once the pandemic is over. She suggested a collaboration with other municipalities in the County of Bruce to review the effectiveness of the plans.

Cathy Addison, Deputy Clerk/Emergency Management Coordinator advised that updating the plans will be ongoing in 2020. There will be several follow-up meetings following the pandemic for lessons learnt, etc. and Bruce County CEMC’s and regional partners will be involved.

Councillor Myles thanked Mrs. Addison for her hard work during the Covid-19 pandemic. 

Moved by L. Golden Resolution #25-11-2020 Seconded by M. Myles 

THAT Council receives Deputy Clerk Report DC 20-17 as information with respect to the Municipal Emergency Plan amendments; and

THAT Council, pending discussions and comments from today’s review, recommends that By-law No. 2020-62 for an Emergency Plan, as presented, be adopted at the June 22, 2020, Council meeting.

The Deputy Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Deputy Clerk announced that the motion was carried. Carried 

8. Deputy Clerk Report No. DC 20-18

RE: COVID-19 Updates

Mrs. Addison informed that the Province has allowed some restaurants in Ontario to begin reopening Friday, June 12, 2020. 

Councillor Golden noted that Phase 2 of reopening Ontario is starting on Friday which will allow gatherings of up to 10 (ten) people.

Councillor Myles commented that with the reopening of short-term accommodations, it may pose the impression that the pandemic is over, which is concerning. She said that there are exceptional levels of visitation being found in the area of Moore Street and that should be monitored. Councillor Myles stated that press releases are a good start for communication. 

Moved by J. Mielhausen Resolution #25-12-2020 Seconded by M. Myles 

THAT Council receives Deputy Clerk Report DC 20-18 as information with respect to the Covid-19 updates.

The Deputy Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Deputy Clerk announced that the motion was carried. Carried 

9. Clerk’s Department Report No. C 20-31

RE: Owners/Applicants: T & P Hayes Investments Ltd. (c/o Ted Hayes)

File No. B/R/2019-2020/9202

Related File No.: B/R/2016-2017/9229 (296) – (6993)

Part Lot 53 to 65, Plan 233, (Eastnor) Bruce Road 9 Assessment Roll No. 4109 620 007 090

Moved by J. Mielhausen Resolution #25-13-2020 Seconded by M. Myles 

THAT Council directs staff to submit to the Niagara Escarpment Commission, the Municipality’s position of no objection to the Request for Comments submitted by the owner, T & P Hayes Investments Ltd. (c/o Ted Hayes), for property known as Part Lot 53 to 65, Plan 233, (Eastnor), and located on Bruce Road 9, Municipality of Northern Bruce Peninsula, who is seeking approval to provide a nitrate loading area of approximately .52 hectares (approximately 1.3 acres) to support the sewage disposal system attenuation zone that will service the proposed four unit townhouse complex adjacent to the east in the Lion’s Head Urban Area, outside of the Niagara Escarpment Commission’s area of Development Control. It is noted that the owner/applicant has applied to the County of Bruce for an Easement Consent, under File No. B-2020-037, to provide a nitrate loading area on the subject property to benefit adjacent lands to the east within Lion’s Head Minor Urban Centre where a block of four townhouse units and sewage disposal system are proposed under site plan control. An Engineering Report (Proposed Senior Citizens Unit, T & P Hayes Investments Ltd., February, 2020) has been submitted in support of the proposal and forms part of the Site Plan Control Agreement. 

The Deputy Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes

The Deputy Clerk announced that the motion was carried. Carried

10. Clerk’s Department Report No. C 20-32

RE: Appointments to Climate Action Committee

Moved by M. Myles Resolution #25-13-2020 Seconded by L. Golden

THAT Council approves the selection and appointment of Climate Action Committee members pursuant to the applications received;

AND THAT Council endorses the enactment of By-law No. 2020-63, being a by-law to establish and appoint members to a Climate Action Committee, at its regular meeting on Monday, July 13, 2020 by appointing the following individuals to Climate Action Committee for the Municipality of Northern Bruce Peninsula:

Mike Campbell (Community Volunteer representative)

Glen Estill (Community Volunteer representative)

Rod Layman (Community Volunteer representative)

Arlene Kennedy (Community Volunteer representative)

Barbara Reuber (Community Volunteer representative)

Terri Munn (Community Volunteer representative 

Brian McHattie (Parks Canada representative)

AND THAT the Municipality will advise these individuals of said appointment once effective;

AND THAT Council appoints Councillor Myles as the Council representative to the Climate Action Committee and Councillor Mielhausen as the alternate. 

AND THAT, once meetings of all Municipal ad hoc Committees are resumed, Committee meeting scheduling will be arranged.

The Deputy Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes

The Deputy Clerk announced that the motion was carried. Carried

11. Chief Administrative Officer Report No. 20-16

RE: Municipal Strategic Plan – Consulting Phase

Councillor Golden recommended that Council complete the Short-Term Accommodation (STA) Study prior to completing the Strategic Plan review. 

CAO, Peggy Van Mierlo-West advised that she has a meeting scheduled with the STA consultant and can provide an update on the process following the meeting.

With respect to the Strategic Plan, the CAO indicated that the Municipality will be addressed as whole and it is very important to finalize the plan as staff will be working on budgets next month. She also mentioned that options regarding communication will be discussed.

Councillor Myles was in agreement that the Strategic Plan is important and questioned if surveys can be distributed by email using the emails on the database for the mass emailing of tax bills. She noted that permissions need to be changed to allow for the use of the email addresses. Councillor Myles mentioned that social media is a good outlet to reduce the number of print surveys and the window for accepting surveys may need to be increased to 3-4 weeks. 

Mrs. Van Mierlo-West stated that there are many companies involved in communication planning and she has various email groups to contact which can keep property owners involved. Information can also be included in the newsletter that is mailed out with tax billings. 

In response to an inquiry from Councillor Myles, the CAO said that she recommends an annual review of the Strategic Plan. 

Council investigated the possibility of a Special Council Meeting on June 25, 2020 to discuss Strategic Planning. 

Moved by M. Myles Resolution #25-14-2020 Seconded by D. Myles 

That Council receives the report titled Municipal Strategic Plan – Consulting Phase, and;

That Council approves the timeframe for the consulting phase.

The Deputy Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes

The Deputy Clerk announced that the motion was carried. Carried

12. Chief Administrative Officer Report No. CAO 20-19

RE: Request to Allow Liquor Service on “the grass” at the Lion’s Head Inn

Councillor Mielhausen asked if the grass seating area will still remain after the pandemic is over. Mrs. Van Mierlo-West advised that the grass seating area is only temporary during the pandemic. 

Councillor Myles stated that the Municipality should not oppose the request if it has been approved by Public Health and the Alcohol and Gaming 

Commission of Ontario (AGCO) and that approving the request shows that the Municipality is supporting businesses. 

Moved by J. Mielhausen Resolution #25-15-2020 Seconded by L. Golden

That Council receives the report titled Request to Allow Liquor Service on “the grass” at the Lion’s Head Inn, and;

That a letter of support regarding expansion of the seating area of the Lion’s Head Inn to the grass area be submitted to the AGCO.

The Deputy Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes

The Deputy Clerk announced that the motion was carried.

Carried

13. Accounts Payable Voucher

RE: May 2020

Moved by D. Myles Resolution #25-16-2020 Seconded by M. Myles

THAT Council receives approved Accounts Payable Voucher, May 2020, in the amount of $560,753.16.

The Deputy Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes

The Deputy Clerk announced that the motion was carried.

Carried

14. Minutes- Emergency Management Program Committee Meeting

RE: May 27, 2020

Moved by J. Mielhausen Resolution #25-17-2020 Seconded by M. Myles 

THAT Council does hereby adopt the Emergency Management Program Committee minutes dated May 27, 2020, as circulated, and approves all actions contained therein;

THAT the Committee approves additions and/or amendments to the Emergency Plans.

The Deputy Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes

The Deputy Clerk announced that the motion was carried.

Carried

15. Resolution- The Corporation of the City of Brantford

RE: Declare March 17 to be proclaimed Essential Worker’s Day

Moved by M. Myles Resolution #25-18-2020 Seconded by J. Mielhausen 

THAT Council receives the attached resolution, as information. 

The Deputy Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes

The Deputy Clerk announced that the motion was carried.

Carried

16. Resolution- The Municipality of Kincardine

RE: Specialized Transit Service Partnership

Brief discussion ensued regarding the Municipality’s involvement in the program. 

Moved by L. Golden Resolution #25-19-2020 Seconded by J. Mielhausen

THAT Council receives the attached resolution, as information.

The Deputy Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes

The Deputy Clerk announced that the motion was carried.

Carried

OTHER BUSINESS

Mayor McIver requested an update on Cabot Head Road. Ryan Deska, Manager of Community Services advised that himself and Troy Cameron have been in contact with the Province and the Department of Fisheries and Oceans (DFO). He indicated that DFO has said that they have asked some engineers to look at the property in the near future. Mr. Cameron, Public Works Manager also stated that DFO is going to be looking at the Dyers Bay dock this week. He informed that Cabot Head Road is currently closed and gated off and access is only permitted by the Province to visit the Bird Observatory. 

Councillor Golden asked for an update on the STA Study process. Mrs. Van Mierlo-West informed that she has scheduled a meeting with the consultant and a report will be brought to Council with updates after the meeting has occurred. 

Councillor Golden stated that there is limited space available for dining in Tobermory and we need to think of ways to accommodate visitors safely in the village this summer. She requested that more garbage containers be placed around the village and mentioned that picnic tables have been placed along the south side of the Harbour. Councillor Golden noted that the area is congested and some signage stating “use at your own risk” could be installed.

Councillor Myles was in agreement that preparation is needed and it should be investigated where the best location is for additional garbage containers and picnic tables.

Mr. Deska agreed that more garbage containers are needed and he has scheduled a meeting with staff to discuss garbage collection, washrooms and staffing. He suggested that there may be an opportunity for space to be used at the ball diamond and community centre. Councillor Golden asked to be involved in the meeting, specifically to give input regarding the placement of garbage containers and picnic tables.

Mayor McIver asked Mr. Deska to notify the business community of the funds that are available through the County of Bruce for business owners. Mr. Deska indicated that he has been forwarding that information to the Tobermory Chamber of Commerce.

Councillor Mielhausen requested an update on the Lion’s Head Beach Park Campground. Mr. Deska advised that the new electrical work has been completed and an inspection by the Electrical Safety Committee (ESA) has been scheduled for Thursday, June 11, 2020. He indicated that some trailers have to be turned around, the water reconnected and rocks tidied. 

Mayor McIver commented that the fence at the Lion’s Head Beach has done a great job deterring geese. Mr. Deska informed that once the fence is removed the dog, Rupert, will continue chasing away the geese. He also mentioned that the spraying of Avion Migrate, a remote-control boat and boats/kayaks can all be methods of deterring geese from the beach/harbour area. Councillor Myles recommended a long-term strategy that may involve modifying the area. 

Councillor Myles expressed concern with large amounts of visitation in the area of Moore Street. She asked if staff have had any conversation with Ontario Parks in terms of oversight and management of that area. Mr. Deska stated that he has not spoken with Ontario Parks regarding parking on Moore Street but can contact them. Councillor Myles said that there is concern as a large number of people are accessing that area and no staff are present. Mayor McIver advised that staff have contacted Ontario Parks regarding this issue in the past, but to no avail. 

Councillor Myles mentioned the CAO performance evaluation. She asked if Council had any interest in contacting the County of Bruce to assist. Mayor McIver stated that extra support might be beneficial. 

CORRESPONDENCE

 1. Lynn Szymezko- Goldstein, more wind turbines will prolong COVID-19 recession- noted and filed 

2. Peter Loschnig- request to leave trailer on property without being charged any fee- refer to Resolution #25-09-2020

3. Valerie Cook, On the Rocks Guest Inn- what are the plans for our area, new guidelines for operation, in particular for short term accommodations for re-opening- staff to reply 

4. Joan, The Grey Bruce Pride Committee- request for Northern Bruce Peninsula to raise the pride flag 

Moved by M. Myles Resolution #25-20-2020 Seconded by L. Golden

THAT Council supports raising the pride flag at the Municipal Office and Tobermory Community Centre for the month of June in support of Pride Month. 

The Deputy Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes

Mayor McIver: Yes

The Deputy Clerk announced that the motion was carried.

Carried

5. AMO Communications- AMO Covid-19 Update- Federal Gas Tax Funding Accelerated, Pandemic Pay, ESA Changes, Additional Re-openings- noted and filed

6. The County of Bruce- Media Release- Bruce County offers $250,000 in grants to businesses through enhanced Spruce the Bruce fundings, part of $1.75M Business Sustainability Fund- noted and filed

7. Resolution- Northumberland County- Provincially Significant Wetlands- noted and filed

8. AMO Communications- AMO Covid-19 Update- Broadband Funding Announcement, Emergency Extended, and Pandemic Pay Webinar- noted and filed

9. Bill Walker- MPP Walker pleased with $150 million broadband investment- noted and filed

Moved by J. Mielhausen Resolution #25-21-2020 Seconded by L. Golden

THAT correspondence items #1, 2 and 5-9 be received for information as printed and circulated.

The Deputy Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes 

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Deputy Clerk announced that the motion was carried.

Carried

Having declared a conflict of interest, Councillor Myles did not participate in the following portion of the meeting.

Moved by L. Golden Resolution #25-22-2020 Seconded by J. Mielhausen

THAT correspondence item #3 be received for information as printed and circulated.

The Deputy Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: In conflict 

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Deputy Clerk announced that the motion was carried.

Carried

Councillor Myles resumed participation in the meeting at this time. 

READING OF BY-LAWS

Moved by D. Myles Resolution #25-23-2020 Seconded by J. Mielhausen

THAT the following listed by-law be given 1st, 2nd and 3rd reading and enacted:

2020-09 BEING A BY-LAW TO AMEND THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA BY-LAW NO. 2002-54, AS AMENDED, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA [PART LOT 26, CONCESSION 8, WBR, (LINDSAY), PART 31, PLAN 3R-6540, – SADLER CREEK ROAD]

2020-52 BEING A BY-LAW TO AUTHORIZE AN AGREEMENT FOR THE PROVISION OF CEMETERY MANAGER AND GROUNDSKEEPER SERVICES FOR MUNICIPAL CEMETERIES

2020-64 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA HELD MONDAY, JUNE 8, 2020

The Deputy Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes 

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Deputy Clerk announced that the motion was carried.

Carried

CLOSED SESSION

Moved by J. Mielhausen Resolution #25-24-2020 Seconded by L. Golden

THAT Council move into closed meeting at 2:55 p.m. pursuant to Section 239 of The Municipal Act, 2001, as amended, for the following reasons: b) personal matters about an identifiable individual including municipal or local board members, e) litigation or potential litigation including matters before administrative tribunals affecting the municipality or local board (Personnel).

The Deputy Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes 

Deputy Mayor Myles: Yes

Mayor McIver: Yes 

The Deputy Clerk announced that the motion was carried.

Carried

RECONVENE FROM “CLOSED SESSION” TO RESUME COUNCIL MEETING

Moved by L. Golden Resolution #25-25-2020 Seconded by M. Myles

THAT Council reconvenes from Closed Session at 3:45 p.m. and resumes the Council meeting.

The Deputy Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes 

Mayor McIver: Yes 

The Clerk announced that the motion was carried.

Carried

Deputy Mayor Myles resumed her place in the meeting at this time.

The Mayor advised that direction has been given to staff on the matters addressed during Closed Session. 

ADJOURNMENT 

Moved by J. Mielhausen Resolution #25-26-2020 Seconded by L. Golden

THAT the meeting adjourns at 3:58 p.m.

The Deputy Clerk proceeded to call and record the votes of Council:

Councillor Golden: Yes

Councillor Mielhausen: Yes

Councillor Myles: Yes

Deputy Mayor Myles: Yes 

Mayor McIver: Yes 

The Deputy Clerk announced that the motion was carried.

Carried