(following Committee of Adjustment Meeting No. 21-01)
Members Present: Mayor Milt McIver, Deputy Mayor Debbie Myles, Councillor Laurie (Smokey) Golden, Councillor James Mielhausen, Councillor Megan Myles
Staff Present: Cathy Addison, Clerk, Tessa Swanton, Deputy Clerk, Peggy Van Mierlo-West, Chief Administrative Officer, Wendy Elliott, Chief Building Official (via Zoom), Troy Cameron, Public Works Manager (via Zoom), Ryan Deska, Manager of Community Services (via Zoom), Carol Hopkins, By-law Enforcement Officer (via Zoom), Wilf Barnes, Fire Chief (via Zoom), Teresa Shearer, Treasurer (via Zoom)
Others Present: Eric Steele, Bruce County Planning (via Zoom)
Note: Some members of Council and staff were present in the Tobermory Fire Hall and the meeting was held via zoom, an electronic platform, for members of the public to attend.
Note: In the absence of the ability to vote by a show of hands, in accordance with By-law No. 2021-79, Section 3- 61.3, Council votes will be recorded for resolutions presented at electronic Council meetings.
Mayor McIver and Council expressed appreciation for the staff and students of Bruce Peninsula District School in Lion’s Head. Mayor McIver thanked Principal Matt Pickett for presenting the Mayor and CAO each with a BPDS hat to promote the school, which they wore for the duration of the meeting.
Disclosure of Pecuniary Interest and General Nature Thereof
Mayor McIver called the meeting to order at 1:18 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
Resolution #04-01-2021, Moved by J. Mielhausen, Seconded M. Myles
THAT the content of the agenda be approved, as printed.
The 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 Clerk announced that the motion was carried.
Carried
Adoption of the Minutes
Re: Special Council Meeting No. 21-01, January 11, 2021 and Council Meeting No. 21-02, January 11, 2021
A housekeeping correction was noted on Page 6 of the minutes of Special Council Meeting No. 21-01 with respect to the recorded vote.
Resolution #04-02-2021, Moved by D. Myles, Seconded by M. Myles
That the minutes of Special Council Meeting No.21-01, January 11, 2021 and Council Meeting No. 21-02, January 11, 2021 be approved, as amended.
The 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 Clerk announced that the motion was carried.
Carried
Public Meeting
1. Public Meeting Notice
Re: File Z-2020-074 (McLay), 239 Isthmus Bay Road, Zoning By-law Amendment
Eric Steele, Planner with Bruce County Planning, presented a summary of a Zoning By-law amendment at 239 Isthmus Bay Road. He indicated that the amendment will change the zoning from Travel Trailer Park and Campground (C4) to Resort Residential, Special Provision (R2-XX). The campground use will be discontinued and the new use will be residential on the two additional lots.
Eric Steele stated that specific setbacks will be established for the properties and there will be reduced frontage on all three properties. In addition, he advised that the distance from the Swan Lake Drain is consistent with the comments submitted by the Grey Sauble Conservation Authority (GSCA). Municipal staff noted that the existing sewage systems are to be decommissioned.
Regarding public comments, Eric Steele informed that some comments were received questioning if there will only be a residential use permitted on the properties.
Mayor McIver welcomed questions and comments from the public at this time.
John Power joined the meeting via Zoom and clarified that the correct file numbers relating to the application are B-113 and B-114.
Resolution #04-03-2021, Moved by J. Mielhausen, Seconded by L. Golden
That Zoning By-law Amendment Z-2020-074 be approved.
That final adoption of the Zoning By-law Amendment Z-2020-074 be considered pending approval of the Official Plan Amendment Number C-2020-017 by County Council.
The 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 Clerk announced that the motion was carried.
Carried
Delegation
There is no Delegation for Council Meeting No. 21-04, January 25, 2021.
Consideration of Agenda Items
1. Manager of Community Services Report No. CS 21-03
RE: Arena Ice Removal
A brief discussion ensued regarding the pros and cons of removing the ice at this time due to the provincial lockdown restrictions.
The Manager of Community Services advised that there would be some financial savings associated with removing the ice early and other municipalities are taking a similar approach.
Council agreed to defer the report to the February 8, 2021 Council Meeting as updated information from the Province regarding an extension of the lockdown may be available that would influence their decision. Mayor McIver suggested that the ice be removed from the Arena if the lockdown is further extended in the second week of February 2021. It was noted that the report recommendation being presented at the February 8, 2021 Council meeting should state that if the lockdown is extended after February 11, 2021 that the ice will be removed.
Resolution #04-04-2021, Moved by L. Golden, Seconded by M. Myles
THAT Council receives Manager of Community Services report CS 21-03 Arena Ice Removal, as information;
AND THAT Council direct staff to remove the ice at the Lion’s Head Community Centre for the duration of the 2020-2021 season.
The 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 Clerk announced that the motion was deferred.
Deferred
2. Manager of Community Services Report No. CS 21-04
Re: Broadband Update
The Manager of Community Services provided Council with a broadband update and indicated that Xplornet Communications was awarded $6.4 million to bring high-speed internet to 3,247 homes and businesses within Northern and South Bruce Peninsula. This service will be available by mid-2022.
Resolution #04-05-2021, Moved by J. Mielhausen, Seconded by M. Myles
THAT Council receives Manager of Community Services report CS 21-04 Broadband Update, as information.
The 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 Clerk announced that the motion was carried.
Carried
3. Manager of Community Services Report No. CS 21-05
RE: RED Grant Applications
Deputy Mayor Myles suggested that the grant be utilized for crosswalks rather than public Wi-Fi in Tobermory.
Ryan Deska, Manager of Community Services, said that the Wi-Fi hotspot in downtown Tobermory would accompany a free login for internet use and a long-term paid subscription would be available for those regularly using the harbour, etc.
Resolution #04-06-2021, Moved by L. Golden, Seconded by D. Myles
THAT Council receives Manager of Community Services report CS 21-05 RED Grant Applications, as information;
AND THAT Council approve the financial and in-kind commitments to the Wayfinding and Public WiFi project and endorse this RED grant application with MNBP as the lead applicant and the Chamber of Commerce as a Partner, as outlined in this report.
AND THAT Council approve the financial and in-kind commitments to the Rotary Hall’s Co-Working Upgrades project and endorse the RED grant application as a co-applicant, as outlined in this report.
Councillor Golden: Yes
Councillor Mielhausen: Yes
Councillor Myles: Yes
Deputy Mayor Myles: No
Mayor McIver: Yes
The Clerk announced that the motion was carried.
Carried
4. Deputy Clerk Report No. DC 21-01
Re: Accessibility Annual Status Report for 2020
Councillor Golden stated that incorporating one accessible portable washroom in each location where portable washrooms are usually placed is a good goal, but may not be feasible. She suggested that signage direct the public towards the closest accessible washroom.
Resolution #04-07-2021, Moved by J. Mielhausen, Seconded by L. Golden
THAT Council receives Deputy Clerk Report No. 21-01, Accessibility Annual Status Report for 2020, as information.
The 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 Clerk announced that the motion was carried.
Carried
5. Treasurer Report No. TR 21-04
Re: 2020 Audit Planning Report
Resolution #04-08-2021, Moved by D. Myles, Seconded by M. Myles
That Council receives the Audit Planning Report from BDO Canada LLP that outlines their approach for completing the 2020 external audit.
The 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 Clerk announced that the motion was carried.
Carried
6. Clerk Report No. C 21-02
Re: Procedural By-law Update
Some discussion ensued regarding changes to the Procedural By-law.
The Clerk confirmed that Council meetings will be recorded in open session once the audio-visual upgrades are completed in the council chamber.
Resolution #04-09-2021, Moved by J. Mielhausen, Seconded by M. Myles
THAT Council approves changes to the Procedural By-law, being a by-law to govern the calling, place and proceedings of Municipal Council;
AND THAT Council endorses the amendments to the Procedural By-law to allow for audio visual and minor amendments for Council, Special Council, Closed Session and Committee meetings;
AND THAT Council consider passage of By-law No. 2021-08 at its regular meeting on Monday, February 22, 2021.
The 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 Clerk announced that the motion was carried.
Carried
7. Chief Administrative Officer Report No. CAO 21-01
Re: Quarterly Report and 2021 Departmental Goals
The CAO confirmed that consultation with businesses is required prior to implementing business licencing within the Municipality and the process can be incorporated into the licencing process for short term accommodations.
Resolution #04-10-2021, Moved by D. Myles, Seconded by M. Myles
THAT Council receives the CAO Report No. 21-01, Quarterly Report and 2021 Departmental Goals as information.
The 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 Clerk announced that the motion was carried.
Carried
8. Accounts Payable Voucher
Re: December 2020
Resolution #04-11-2021, Moved by J. Mielhausen, Seconded by L. Golden
That Council receives approved Accounts Payable Voucher, December 2020, in the amount of $6,100,950.57.
The 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 Clerk announced that the motion was carried.
Carried
9. Climate Action Committee Minutes
Re: Meeting No. 20-02, December 8, 2020
Resolution #04-12-2021, Moved by J. Mielhausen, Seconded by M. Myles
That Council does hereby adopt the Climate Action Committee Minutes dated December 8, 2020, as circulated, and approved all actions contained therein.
The 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 Clerk announced that the motion was carried.
Carried
10. Resolution- Township of South-West Oxford
Re: Use of automatic speed enforcement (photo radar) by municipalities
Resolution #04-13-2021, Moved by M. Myles, Seconded by J. Mielhausen
That Council supports a resolution from the Township of South-West Oxford with respect to the use of automatic speed enforcement (photo radar) by municipalities.
The 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 Clerk announced that the motion was carried.
Carried
11. Resolution- United Counties of Stormont, Dundas and Glengarry
Re: Request for small businesses to immediately reopen with the required health guidelines and protocols in place
Resolution #04-14-2021, Moved by L. Golden, Seconded by M. Myles
That Council receives the attached resolution, as information.
The 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 Clerk announced that the motion was carried.
Carried
Other Business
There was no Other Business for Council Meeting No. 21-04, January 25, 2021.
Correspondence
1. Emergency Management Ontario- the Municipality of Northern Bruce Peninsula is compliant for 2020- Noted and filed
2. Alan Atkins and Vaike Rosalea- Request for signs showing fines and legal consequences for violation at Carter Road public access- Refer to Bylaw Department
3. Anne Levenston and Laurence Acland- Suggestions for improving the public access area on Carter Road- Refer to Bylaw Department
4. Tanner Blasco- Concerns regarding the possibility of paving the Cape Chin North Road- Refer to Public Works Department to respond
5. Teresa Purchase and Craig Chisholm- Request for the Municipality to consider improving Cape Chin North Road- Refer to Public Works Department to respond
6. Norma Eveleigh- Request for improvements to Cape Chin North Road and Cape Chin Shore Road- Refer to Public Works Department to respond
7. Charlene Jordan- Request for repair and paving of Cape Chin North Road- Refer to Public Works Department to respond
8. Richard and Barbara Caton- Request for paving of Cape Chin North Road- Refer to Public Works Department to respond
9. Arlene Kennedy- Request that the Municipality purchase an electric vehicle for the Bylaw Department- the CAO will provide a report outlining options for the purchase of an electric vehicle for the Bylaw Department
10. Alison J. Knight- Bruce Trail Entrance on McCurdy Drive and Safety on Moore Street and Lion’s Head Nature Reserve- a Council Parking Workshop was scheduled to be included at the Special Council Meeting on February 8, 2021 at 9:00 a.m. to address these concerns
12. Grey Bruce Public Health Media Release- First COVID-19 Vaccinations in Grey and Bruce- Noted and filed
Resolution #04-15-2021, Moved by L. Golden, Seconded by D. Myles
That Council receives the attached resolution, as information.
The 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 Clerk announced that the motion was carried.
Carried
Reading of By-Laws
Resolution #04-16-2021, Moved by L. Golden, Seconded by J. Mielhausen
THAT the following listed by-law be given 1st, 2nd and 3rd reading and enacted:
2021-12 Being A By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Monday, January 25, 2021
The 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 Clerk announced that the motion was carried.
Carried
Mayor McIver advised that Council was moving into closed meeting 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 (Encroachment Issue and Unassumed Road Allowance – Highway 6, Tobermory area) and (Primary Place Daycare).
Closed Session
Resolution #04-17-2021, Moved by J. Mielhausen, Seconded by M. Myles
That Council move into closed meeting at 2:25 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 (Encroachment Issue and Unassumed Road Allowance – Highway 6, Tobermory area) and (Primary Place Daycare).
The 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 Clerk announced that the motion was carried.
Carried
Reconvene from Closed Session to Resume Council Meeting
Resolution #04-17-2021, Moved by M. Myles, Seconded by J. Mielhausen
That Council reconvenes from Closed Session at 2:56 p.m. and resumes the Council meeting.
The 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 Clerk announced that the motion was carried.
Carried
The Mayor advised that direction was provided to staff with respect to the encroachment issue and unassumed road allowance – Highway 6, Tobermory area and Primary Place Daycare.
Adjournment
Resolution #04-19-2021, Moved by L. Golden, Seconded by J. Mielhausen
THAT the meeting adjourns at 2:57 p.m.
The 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 Clerk announced that the motion was carried.
Carried
