Members Present: Mayor – Milt McIver, Deputy Mayor – Debbie Myles, Councillor – Laurie (Smokey) Golden, Councillor – James Mielhausen, Councillor – Megan Myles
Members Absent: Nil
Staff Present: Chief Administrative Officer – Peggy Van Mierlo-West, Clerk – Cathy Addison, Deputy Clerk – Tessa Swanton, GIS/IT Coordinator – Kara Smith, Manager of Community Services – Ryan Deska, Treasurer – Teresa Shearer, Public Works Manager – Troy Cameron, Chief Building Official – Wendy Elliott, Fire Chief – Jack Burt
Others Present: Evan Montreuil, WSP, Chris Wilson, WSP, Brooke McLean, Bruce County Public Library, Fred Stephenson, GM BluePlan
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 Mielhausen declared a conflict of interest with respect to “agenda item #11 because it’s about me and for Fees and Charges because I am a partner of a STA”.
Councillor Myles declared a conflict of interest with respect to “STA fees in Public Meeting for Fees & Charges because I own/operate a B&B within the municipality”.
Approval of the Agenda
#35-1-2021
Moved By Councillor Laurie (Smokey) Golden, Seconded by Deputy Mayor Debbie Myles
That the content of the agenda be approved as presented.
Carried
Adoption of the Minutes
Re: Council Meeting No. 21-33, November 8, 2021 and Special Council Meeting No. 21-34, November 15, 2021
#35-2-2021
Moved By Councillor James Mielhausen, Seconded by Councillor Megan Myles
That the minutes of Council Meeting No. 21-33, November 8, 2021 and Special Council Meeting No. 21-34, November 15, 2021 be approved as printed and circulated.
Carried
Public Meeting
Fees and Charges By-law 2022
Mayor McIver opened the Fees and Charges By-law Public Meeting.
Rocco Pelosi expressed concern with the new short term accommodation (STA) fees and stated that the fees are unfair as the COVID-19 pandemic has caused financial hardships for property owners.
Cindy Gowing voiced her opposition to the STA fees.
Councillor Golden suggested that STA owners submit their licence application by the end of 2021 to have their applicable fees waived for the following year.
The CAO confirmed that applications submitted in 2022 will be required to pay the STA licensing fee.
Maggie Fox stated that communications should have been improved for the STA process and expressed support for STA licensing.
Lillian Stojanoski noted her opposition of the STA fees as STA owners already pay a number of fees to operate. She requested that the STA fees be waived for 3-5 years.
Jim Dolmage voiced his support for the STA regulations and fees; however, he requested that the fees be increased annually and that the fees not be waived for 2022.
The CAO clarified that the number of bedrooms for each STA is based on information contained within the respective property file, such as building permit applications.
Karen Phillips stated that the property files are limited as to their contents and questioned if building inspections will be required to confirm the current number of bedrooms rather than relying on property file information that may be outdated.
Mayor McIver stated that additional inspectors are being hired to complete inspections for STAs and Councillor Golden commented that STA owners must submit a layout of their house (showing the number of bedrooms) as part of the application process.
Mayor McIver closed the public meeting and no further public comments were received.
Councillor Golden mentioned the addition of fees and charges for search and rescue efforts. The Fire Chief confirmed that the party who is being rescued will be charged the application search and rescue fees.
Delegation
WSP Canada,
Evan Montreuil and Chris Wilson
Re: Heron Point Bridge EA 2021 Project Status Update
Evan Montreuil, Municipal Infrastructure Designer, and Chris Wilson, Municipal Infrastructure Manager, presented a status update for Heron Point Bridge including the environmental assessment.
Evan Montreuil advised that the project is currently in Phase 2 of the environmental assessment and the preferred alternative is a new road. He listed work completed to date: topographical survey and preliminary plan and profile drawing, stage 1 archaeological assessment report, cultural heritage evaluation, fisheries and species at risk screened study, and stage 2 archaeological assessment.
Evan Montreuil noted that the species at risk field work and agency consultation is underway and Saugeen Ojibway Nation (SON) will be included.
Work to be completed was outlined as the species at risk reporting, field work with Saugeen Ojibway Nation (SON), additional SAR field work, and complete the remaining phases of the environmental assessment.
Evan Montreuil confirmed that it is unlikely that the road will begin construction until 2023 and that alternatives for dealing with the bridge are being considered.
Mayor McIver thanked Evan Montreuil and Chris Wilson for their project update.
Bruce County Public Library
Brooke McLean, Director of Library Services
Re: 2021 Bruce County Public Library Update
Brooke McLean, Bruce County Library Director, provided an update on the Bruce County Public Library.
She noted that Bruce County Public Library has 17 branches throughout the County and presented the mission and vision statements for the organization.
Brooke McLean advised that in 2020 they began offering online programs with thousands of attendees participating and watching their YouTube channel. Throughout the COVID-19 pandemic, Bruce County Public Library staff helped residents at long-term care homes connect with their families online through Skype. In addition, she noted that handmade face coverings are free at the library branches, activity kits were sent home with children, and two 3-D printers have been purchased. She informed that one 3-D printer will be at the Tobermory Library for three months.
Brooke McLean stated that there are various courses offered online for free if you have a library card. She noted that the Press Reader app holds thousands of newspapers and magazines, binoculars and audiobooks have been purchased, and other resources are available for borrowing (snowshoes, lamps, technology kits, etc.).
She expressed her gratitude to the Friends of the Lion’s Head and Tobermory Library groups, elaborated on the bookmobile project and new strategic plan, and commented on the relocation of the Lion’s Head library to the Lion’s Head Arena.
Brooke McLean informed that there are 523 active library members in Lion’s Head and 363 in Tobermory.
Mayor McIver thanked Brooke McLean for her presentation and noted the importance of the libraries to the Bruce County communities.
GM BluePlan
Fred Stephenson
Re: Roads and Sidewalks Needs Study
Fred Stephenson from GM BluePlan provided a project overview of the Roads and Sidewalks Needs Study. He noted that the Roads Needs Study involved updating the road inventory and condition assessment of the road network (442km of roads with 398 km included in the study); identifying rehabilitation needs, costs, and priorities; and estimating budgetary requirements. The Sidewalks Needs Study included an update of the 2018 sidewalk inventory and condition assessment (5km of sidewalks were included in the study); and address condition, accessibility, and connectivity; and estimated repair costs.
Fred Stephenson state that the assessment was completed with a vehicle mounted plug and play data collector. He noted that about 80% or more of paved roads are in very good condition.
He summarized the sidewalk condition/accessibility assessment which recorded defects, obstructions, trip hazards, and ramps.
Fred Stephenson presented treatment costs for roadways and timeframes. He explained the priority rating and priority guide number approaches. Fred Stephenson explained the funding estimates and gravel road maintenance activities.
He commented on the good condition of the gravel roads and estimated maintenance costs of $1.1 million dollars annually. Fred Stephenson then spoke on the gravel road conversion considerations.
He presented the replacement value of all roads as $231.7 million dollars. In terms of sidewalks, Fred Stephenson said that the sidewalks are in fair condition and the total repair cost is $225,000. Maps were included displaying sidewalk hazards.
In conclusion, he recommended that staff continue to update and maintain road inventory data, update traffic counts, and use the Roads Needs Analysis Report.
Councillor Golden commented on the interlocking bricks on the Tobermory sidewalks becoming an issue.
Fred Stephenson said that the Municipality should prioritize traffic counts for all seasons and GIS data will be available to the Municipality.
Consideration of Agenda Items
Public Works Manager Report No. 21-30
Re: 2021/2022 Winter Control Handbook
#35-3-2021
Moved By Councillor James Mielhausen, Seconded by Councillor Megan Myles
THAT Council receives Public Works Department Report PW 21-30 titled 2021/2022 Winter Control Handbook, AND;
THAT Council approves By-law 2021-110, being a By-law to Establish Winter Minimum Maintenance Standards for Municipal Roadways, at its regular meeting of December 13, 2021.
Carried
Public Works Manager Report No. PW 21-31
Re: Roads Needs Study Final “Draft” Report
Troy Cameron, Public Works Manager, noted that Dyers Bay Road and Stokes Bay Road are slated for road work in 2022. He noted that flooding was not taken into consideration during this project.
#35-4-2021
Moved By Deputy Mayor Debbie Myles, Seconded by Councillor Laurie (Smokey) Golden
THAT Council receives Public Works Department Report PW 21-31 Roads Needs Study “Draft” Report, as information.
Carried
Chief Building Officer Report No. BD 21-32
Re: Housekeeping Zoning By-law Amendment
Council discussed the possible inclusion of a reduction in minimum floor area for detached dwellings and permitting secondary dwelling units. Wendy Elliott, Chief Building Official, noted that she will investigate information from Bruce County regarding similar housing amendments.
#35-5-2021
Moved By Councillor Megan Myles, Seconded by Councillor James Mielhausen
THAT Council receives Building Department Report BD 21-32 titled Housekeeping Zoning By-law Amendment,
THAT Council awards the Housekeeping of the Comprehensive Zoning By-law 2002-54, as amended to Cuesta Planning Consultants Inc. for an amount of $8500.00 plus HST or disbursements.
Carried
Deputy Clerk Report No. DC 21-07
Re: Accessibility Compliance Reporting
#35-6-2021
Moved By Deputy Mayor Debbie Myles, Seconded by Councillor James Mielhausen
That Council receives Deputy Clerk Report DC 21-07, Accessibility Compliance Reporting, as information.
Carried
Treasurer Report No. TR 21-26
Re: Tile Drainage Loan – By-law
#35-7-2021
Moved By Councillor James Mielhausen, Seconded by Councillor Laurie (Smokey) Golden
THAT Council receives Treasurer’s report TR21-26 regarding the tile drainage installed by 2748304 Ontario Inc. on Lot 5, Concession 2 EBR, former Township of Eastnor; and
THAT By-law 2021-90, being a by-law imposing special annual drainage rates upon land under the Tile Drainage Act, be considered for passage at today’s meeting.
Carried
Clerk Report No. C 21-57
Owner: Wes Rydall (1653123 Ontario Ltd.)
Agent: Doug McLay
File No.: B2021-079, B-21021-080, and B2021-081 (Consent)
Legal Description: Concession 5 EBR Part Lot 35 RP;3R7860 Part 2 (former Eastnor)
Municipality: Northern Bruce Peninsula
Roll Number: 410962000617801
Council discussed the number of lots applicable to the application.
Staff will consult with the Bruce County Planning Department for further clarification regarding the lots.
#35-8-2021
Moved By Councillor Laurie (Smokey) Golden, Seconded by Deputy Mayor Debbie Myles
THAT Council directs staff to submit to the County of Bruce Planning and Economic Development Department, the Municipality’s position of no objection to a severance submitted by the agent, Doug McLay, on behalf of the owner, Wes Rydall (1653123 Ontario Limited), for property legally described as Concession 5 EBR Part Lot 35 RP;3R7860 Part 2 (Eastnor), Municipality of Northern Bruce Peninsula.
THAT Council approves the imposition of conditions of granting of consent as follows:
1. That the owner enters into an Agreement with the Municipality, if deemed necessary by the Municipality of Northern Bruce Peninsula, to satisfy all the requirements, financial or otherwise of the Municipality, which may include, but shall not be limited to, the provision of parkland (or cash-in-lieu of land), roads, installation of services, facilities, drainage and the timing and payment of a development charge.
2. That a Reference Plan (survey that is registered) be completed and a copy filed with the Municipal Clerk and a digital copy and hard copy be filed with the Approval Authority, or an exemption from the Reference Plan be received from the Approval Authority.
3. That the Municipality provide written confirmation to the Approval Authority that the municipal conditions as imposed herein have been fulfilled.
4. That, pursuant to Section 53(42) of the Planning Act, the ‘Certificate of Consent’ be affixed to the deed within one year of the giving of the Notice of Decision. (Note: Section 53(43) of the Planning Act) requires that the transaction approved by this consent must be carried out within two years of the issuance of the certificate (i.e. Stamping of the deed).
5. That the applicant pays the applicable County of Bruce consent certification fee at the time of certification of the deeds.
6. That the owner provides written confirmation that Consent Applications B-2020-113 and B-2021-114 have been certified by the County of Bruce and registered at the Land Registry Office.
7. That the applicant’s solicitor submits all deeds for certification for files B-2021-079, B-2021-080, and B-2021-081 to the Approval Authority at the same time, and that the Approval Authority apply certification to all deeds consecutively.
8. That the easement over the land shown as Part 6 set out the dominant tenement as Part 3.
9. That the easement over the land shown as Part 7 set out the dominant tenement as Part 4
10. That the easement over the land shown as Part 8 set out the dominant tenement as Parts 1, 2, & 5.
Deferred
Clerk Report No. C 21-58
Re: 2022 Municipal Election
Telephone and Internet Service Provider Authorization
Simply Voting Inc.
Staff noted that a meeting with the GIS/IT Coordinator will occur to discuss the requirements for the program.
#35-9-2021
Moved By Deputy Mayor Debbie Myles, Seconded by Councillor Megan Myles
That Council hereby approves the selection of Simply Voting Inc. to provide telephone and internet voting services for the 2022 Municipal and School Board elections;
And further that the By-law authorizing the Mayor and Clerk to execute a contract with Simply Voting Inc. for the provision of telephone and internet voting services for the 2022 Municipal and School Board elections be presented for consideration of passage at the regular meeting of Council on Monday, December 13, 2021.
Carried
Clerk Report No. C 21-59
Re: NEC Applicant & Owner: Doru & Adina Cremenescu
Location: Part Lot 11, Concession 8 EBR – 398 Cape Chin South Road
Municipality of Northern Bruce Peninsula (Lindsay), County of Bruce
Roll No.: 41-09-660-003-08406
File Number: B/R/2021-2022/421
#35-10-2021
Moved By Councillor James Mielhausen, Seconded by Deputy Mayor Debbie Myles
That Council directs staff to submit the Municipality’s position of no objection to the Niagara Escarpment Commission (NEC), regarding the Development Permit application submitted by the applicant owner, Doru & Adina Cremenescu for the property known as
Part Lot 11, Concession 8 EBR Municipality of Northern Bruce Peninsula (Lindsay), County of Bruce, who is seeking approval to perform the following work on an existing 3.72 ha (9.2 ac) lot:
• construct a 1.5 story ± 33710.4 m2 (± 3131.8 ft2) single family dwelling with a maximum height of ± 10.6 m (± 34.9 ft”).
• To construct a ± 55 m2 (± 180.4 ft2) attached deck.
• To construct a ± 12.8 m2 (± 42 ft2) attached covered porch.
• A private sewage disposal system.
• A new well.
• A hydro Line.
• A two-entrance driveway.
Carried
Clerk Report No. C 21-60
Re: Stop Up and Conveyance of the Unopened Road Allowance By-law
#35-11-2021
Moved By Councillor Laurie (Smokey) Golden, Seconded by Councillor Megan Myles
That Council receives Staff Report C 21-60, entitled “Stop Up and Conveyance of the Unopened Road Allowance, and;
That Council enacts a By-law No. 2021-105 to Stop Up and Close the unopened road allowance, known as Part of 44 and 45 Concession 1 WBR (St. Edmunds) PIN 33106-0331(LT), Municipality of Northern Bruce Peninsula at the December 13, 2021 regular Council meeting.
Carried
Clerk Report No. C 21-61
Re: Owner: John Lederer, Neville Kirchman and MNBP
Agent: Pierre Chauvin, MHBC Planning
File No.: B2021-098, B-21021-099, and B2021-100 (Consent)
Legal Description: Lot 56, 57, and 59, Block 64, Plan 3M199 (former Lindsay)
Municipality: Northern Bruce Peninsula
Roll Number: 410966000133522, 410966000133524,
410966000133526, 410966000133564, and 410966000133528
#35-12-2021
Moved By Councillor Laurie (Smokey) Golden, Seconded by Councillor Megan Myles
THAT Council directs staff to submit to the County of Bruce Planning and Economic Development Department, the Municipality’s position of no objection to a severance submitted by the agent, Pierre Chauvin, MHBC Planning, on behalf of the owners, John Lederer, Neville Kirchman and the Municipality of Northern Bruce Peninsula, for property legally described as Lot 56, 57, and 59, Block 64, Plan 3M199 (former Lindsay), Municipality of Northern Bruce Peninsula.
THAT Council approves the imposition of conditions of granting of consent as follows:
1. That the owner enters into an Agreement with the Municipality, if deemed necessary by the Municipality of Northern Bruce Peninsula, to satisfy all the requirements, financial or otherwise of the Municipality, which may include, but shall not be limited to, the provision of parkland (or cash-in-lieu of land), roads, installation of services, facilities, drainage and the timing and payment of a development charge.
2. That a Reference Plan (survey that is registered) be completed and a copy filed with the Municipal Clerk and a digital copy and hard copy be filed with the Approval Authority, or an exemption from the Reference Plan be received from the Approval Authority.
3. That the Municipality provide written confirmation to the Approval Authority that the municipal conditions as imposed herein have been fulfilled.
4. That, pursuant to Section 53(42) of the Planning Act, the ‘Certificate of Consent’ be affixed to the deed within one year of the giving of the Notice of Decision. (Note: Section 53(43) of the Planning Act) requires that the transaction approved by this consent must be carried out within two years of the issuance of the certificate (i.e. Stamping of the deed).
5. That the applicant pays the applicable County of Bruce consent certification fee at the time of certification of the deeds.
6. That the applicant’s solicitor submits all deeds for certification for files B-2021-098, B-2021-099, and B-2021-100 to the Approval Authority at the same time, and that the Approval Authority apply certification to all deeds consecutively.
7. That the application is for a lot addition only; and, that the lands to be severed be merged under the same ownership as the abutting lands (LEGAL DESCRIPTION), as shown on the attached Schedule and that Subsection (3) or (5) of Section 50 of the Planning Act, apply to any subsequent conveyance.
a. A copy of the Registered Deed to the abutting lands (LEGAL DESCRIPTION) shall be filed with the Approval Authority for the County of Bruce; and
b. The lawyer shall provide an undertaking to consolidate the pins for the property upon registration of the consent.
8. That the Clerk of the Municipality provide written confirmation to the Approval Authority that a bylaw to declare Lot 56, Lot 57, Lot 58, Lot 59, and Block 64 PLAN 3M199 (Lindsay) to be deemed not to be lots in a Plan of Subdivision has been adopted and is in force and effect.
Carried
Clerk Report No. C 21-62
Re: Report of the Integrity Commission dated November 9, 2021
In the matter of a complaint against Councillor James Mielhausen
Having declared a conflict of interest, Councillor James Mielhausen did not participate in this portion of the meeting.
Mayor McIver questioned the complaint filed by an anonymous source. The Clerk confirmed that the Integrity Commissioner advised that he does permit anonymous complaints in certain instances.
The Clerk was directed to request additional information from the Integrity Commissioner relating to the complainant and when anonymous complaints are permitted.
Deputy Mayor Myles requested some Council training regarding conflicts of interest and a written apology from Councillor James Mielhausen.
Council requested some options pertaining to possible consequences and implications of receiving the report as information only.
The CAO indicated that Council can receive the report as information or the municipal lawyer can become involved and provide some information.
The CAO recommended that Council defer the report until the municipal lawyer/Integrity Commissioner provides Council with additional information.
#35-13-2021
Moved By Deputy Mayor Debbie Myles, Seconded by Councillor Megan Myles
That Council receives the Report of the Integrity Commissioner dated November 9, 2021 as it relates to the matter of a complaint lodged against Councillor James Mielhausen;
And that Council acknowledges and provides any direction from the report of the Integrity Commissioner, dated November 9, 2021.
Deferred
Chief Administrative Officer Report No. CAO 21-48
Re: Energy Audit – Municipal Facilities
#35-14-2021
Moved By Councillor James Mielhausen, Seconded by Deputy Mayor Debbie Myles
THAT, Council receives report CAO 21-48 Energy Audit – Municipal Facilities, AND;
THAT, Council approves the proposal provided by Skybuild Energy, Inc in the amount of $15,000.00 (HST excluded).
Carried
Chief Administrative Officer Report No. CAO 21-49
Re: Municipal Strategic Plan 2021 – 2025
The CAO stated that staff will develop workplans for the year which will be presented to Council at the January 2022 Special Council meeting.
It was noted that the Strategic Plan should accurately represent all projects currently planned or underway. Also, projects should only be included within the plan if staff capacity allows.
Council noted that the plan was created during the COVID-19 pandemic and did not permit in person meetings, which may have limited public input as some individuals are not comfortable with technology to participate in an online setting.
#35-15-2021
Moved By Councillor Megan Myles, Seconded by Councillor James Mielhausen
THAT Council receives the report titled, Municipal Strategic Plan 2021 – 2025,
AND THAT Council approves the attached Strategic Plan.
Carried
Chief Administrative Officer Report No. CAO 21-50
Re: Human Resource Services Proposal
#35-16-2021
Moved By Councillor Megan Myles, Seconded by Councillor Laurie (Smokey) Golden
THAT Council receives the report CAO 21-50 titled Human Resource Services Proposal, AND;
THAT, Council approves the HR Services Proposal from Ward and Uptigrove
Carried
Resolution- City of Vaughan and Township of Alnwick Haldimand
Re: Endorsing National Teen Driver Safety Week
#35-17-2021
Moved By Councillor Laurie (Smokey) Golden, Seconded by Councillor Megan Myles
That Council receives the attached resolution as information.
Carried
Other Business – Nil
Correspondence
1. Stacey Biekx- MADD- Request for Support for 2021 Campaign -Information
2. Rod Layman- Off-Leash Dog Park in Lion’s Head -Information
3. Sophie Hoskins- Bear Problems -Information- The Municipality will continue to educate the community regarding garbage collection and the Public Works Department will respond
4. Jan Pugsley- High Speed Internet Funding -Information
5. Legion Branch 290- Thank you- Information
#35-18-2021
Moved By Councillor Megan Myles, Seconded by Deputy Mayor Debbie Myles
That the correspondence be received as information as printed and circulated.
Carried
Reading of By-laws
By-law No. 2021-90
Being a By-Law to Impose Special Annual Drainage Rates upon Land in Respect of Which Money is Borrowed Under the Tile Drainage Act
By-law No. 2021-112
Being a By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Monday, November 22, 2021
#35-19-2021
Moved By Councillor Laurie (Smokey) Golden, Seconded by Councillor James Mielhausen
That the listed by-law(s) be given 1st, 2nd, and 3rd reading, and enacted.
Carried
Closed Session
#35-20-2021
Moved By Councillor James Mielhausen, Seconded by Councillor Megan Myles
That Council move into closed meeting at 3:59 p.m. pursuant to Section 239 (2) of The Municipal Act, 2001, as amended, for the following reasons: b) personal matters about an identifiable individual including municipal or local board members (Community Services Manager Contract – Ryan Deska).
Carried
Reconvene from Closed Session to Resume Council Meeting
#35-21-2021
Moved By Councillor James Mielhausen, Seconded by Councillor Megan Myles
That Council reconvenes from Closed Session at 4:25 p.m. and resumes the Council meeting.
Carried
Following the closed session meeting, Mayor McIver directed staff to provide further information.
Adjournment
We are attempting to make every document accessible but there may still be difficulty in recognizing all the information. Please contact the Accessibility Coordinator if you require assistance and we will make every attempt to provide this information in an alternate format.
Please note that third party sourced documents found within this package will not be converted to an accessible format by the Municipality of Northern Bruce Peninsula; however, upon request, we will attempt to obtain these documents in an appropriate accessible format.
#35-22-2021
Moved By Councillor Laurie (Smokey) Golden, Seconded by Deputy Mayor Debbie Myles
That the meeting adjourns at 4:26 p.m.
Carried
Original signed by Mayor, Milt McIver, and Clerk, Cathy Addison.
