Members Present: Mayor Milt McIver, Deputy Mayor Debbie Myles (via Zoom), Councillor Laurie (Smokey) Golden, Councillor James Mielhausen, Councillor Megan Myles (via Zoom)
Staff Present: Cathy Addison, Clerk, Tessa Swanton, Deputy Clerk, Peggy Van Mierlo-West, Chief Administrative Officer, Wendy Elliott, Chief Building Official, Carol Hopkins, Bylaw Enforcement Officer (via Zoom), Teresa Shearer, Treasurer (via Zoom)
Others Present: Jack Van Dorp and Eric Steele, Bruce County Planning
Note: Some 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.
Note: In the absence of the ability to vote by a show of hands, in accordance with By-law No. 2021-08, Section 3- 64.3, 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 1:32 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 #15-01-2021, Moved by L. Golden, Seconded by J. Mielhausen
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. 21-13, April 7, 2021 and Council Meeting No. 21-14, April 12, 2021
Councillor Golden requested an amendment to minutes of Special Council Meeting No. 21-13, April 7, 2021. On page 6, the resolution was amended to read “That Council approves implementing an online parking reservation system pilot project”.
Councillor Golden requested an amendment to minutes of Council Meeting No. 21-14, April 12, 2021 and on page 15 the resolution was amended to read “That Council supports holding a Public Meeting on Monday, April 26, 2021 at 1:00 p.m. with respect to proposed amendments and additions to the Municipality’s Fees and Charges By-law”.
Resolution #15-02-2021, Moved by M. Myles, Seconded by D. Myles
That the minutes of Special Council Meeting No. 21-13, April 7, 2021 and Council Meeting No. 21-14, April 12, 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. Zoning By-law Amendment Application Z-2021-008, Porter
Eric Steele, Planner, was welcomed to the meeting via Zoom. He informed that the Zoning By-law Amendment Z-2021-008 is requested to permit the construction of a dwelling by rezoning the property to Environmental Hazard (EH) and Resort Residential Special (R2 with special provisions). He said that the special zoning will establish a specified building envelope for the proposed dwelling and include fencing requirements to protect the lands.
Eric Steele said that the property is located within the Zinkan Island Cove Area of Natural and Scientific Interest (ANSI). He stated that it has been demonstrated that no negative effects will occur based on the proposed development. The planner commented that the property falls within a provincially significant wetland (PSW) area and Environmental Impact Study (EIS) was completed to address the ANSI and mitigation measures were identified to prevent negative impacts.
Eric Steele advised that Grey Sauble Conservation Authority (GSCA) is satisfied with the results of the EIS and recommends that the mitigation measures within the EIS be implemented as part of the Zoning Amendment.
The planner indicated that comments were received from a representative of an adjacent property owner and a member of the public who is concerned that the ANSI will be negatively impacted by the proposed dwelling development. Eric Steele stated that staff are confident that there will be no negative impacts on the natural features or ANSI as reflected in the EIS.
In response to questions from Councillor Myles, Eric Steele stated that the proposed dwelling will be more than 30 metres away from the PSW, and that no comments were received from the Saugeen Ojibway Nation (SON) regarding the application.
Bob Barnett appeared before Council via Zoom and spoke to scientific interest, rare species and geological features, the importance of land conservation, climate change, protecting civilization, and protecting AINSs. He proceeded to express concern with rules being altered for this development proposal and asked that Council reject the application or delay a decision on the proposed Zoning By-law Amendment until after the Land Planning Appeal Tribunal (LPAT) scheduled in September for the Browne application.
Laurie Stephenson joined the Zoom meeting via telephone and agreed to comments provided by Bob Barnett.
Eric Steele read written comments from Marc Willoughby and Laurie Stephenson expressing their strong opposition to the development.
Carol Porter joined the meeting via Zoom and disagreed with the opposition. She stated that their application, Z-2021-008, is separate from Browne’s application going before LPAT and should not be associated as they are different properties. She presented some information pertaining to Bob Barnett’s nature reserve, specifically the use of ATVs, fires, renting out a cottage on Conservancy land, and a lack of stewardship of the land. Carol Porter also expressed concern that Bob Barnett was caught trespassing on their land and placed a nature reserve sign that was later removed by Municipal Bylaw staff. She commented on the letter submitted by Marc Willoughby and referred to his company relocating stone from areas to greenspaces in Markham. Regarding the letter from the Stephenson’s, Carol Porter noted past issues with Paul Stephenson trespassing on their land.
Resolution #15-03-2021, Moved by J. Mielhausen, Seconded by L. Golden
That Council approves Zoning By-law Amendment Z-2021-008 as attached and the necessary by-law be forwarded to Council for adoption.
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
2. Fees and Charges By-law
Proposed Amendments
There were no comments received from the public regarding the proposed Fees and Charges By-law.
Delegation
There is no Delegation for Council Meeting No. 21-15, April 26, 2021.
Consideration of Agenda Items
1. Chief Building Official Report No. BD 21-07
Re: Trailer Agreement
Applicant/Owner: Daniel Lorne Smith and Karen Elaine Smith
Concession 1 WBR Part Lot 24
55 Miller Lake Shore Road
Assessment Roll No. 41 09 660 001 00708
Resolution #15-04-2021, Moved by L. Golden, Seconded by J. Mielhausen
THAT Council recommends approval of the Trailer Agreement requested by the property owners, Daniel Lorne Smith, and Karen Elain Smith, for the property legally described as Concession 1 WBR Part Lot 24; 55 Miller Lake Shore Road (Assessment Roll No.41 09 660 001 00708), 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 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
2. Chief Building Official Report No. BD 21-08
Re: Trailer Agreement
Applicant/Owner: Chad Everette McMichael and Robin Jean McMichael
Concession 1 EBR Part Lot 25
187 Miller Lake Shore Road
Assessment Roll No. 41 09 660 002 11600
Resolution #15-05-2021, Moved by D. Myles, Seconded by M. Myles
THAT Council recommends approval of the Trailer Agreement requested by the property owners, Chad Everette McMichael, and Robin Jean McMichael, for the property legally described as Concession 1 EBR Part Lot 25; 187 Miller Lake Shore Road (Assessment Roll No.41 09 660 002 11600), 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 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. Chief Building Official Report No. BD 21-09
Re: Trailer Agreement
Applicant/Owner: Dalton Trent Easton
Plan D19 Unit 4
559 Stokes Bay Road
Assessment Roll No. 41 09 620 005 07401
Resolution #15-06-2021, Moved by J. Mielhausen, Seconded by L. Golden
THAT Council recommends approval of the Trailer Agreement requested by the property owners, Dalton Trent Easton for the property legally described as Plan D19 Unit 4; 559 Stokes Bay Road (Assessment Roll No.41 09 620 005 07401), 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.
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
4. Chief Building Official Report No. BD 21-10
Re: No Demand for Services Site Plan Control Agreement
Owner: Christopher J A Bell, Kimberley Anne Bell
Plan 501 Lot 20; Northern Bruce Peninsula
4 Birchwood Drive
Assessment Roll No. 4109 680 006 13900
Property Identifier Number (PIN): 33108-0764 (LT)
Resolution #15-07-2021, Moved by D. Myles, Seconded by M. Myles
THAT Council approves the negotiation and registration of a No Demand for Services Site Plan Control Agreement requested by Christopher J A Bell and Kimberley Anne Bell, owners of the property legally described as; Plan 501 Lot 20; Northern Bruce Peninsula and located at 4 Birchwood Drive, Municipality of Northern Bruce Peninsula.
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. Bylaw Enforcement Officer Report No. MLEO 21-05
Re: Being a By-law to Regulate Paid Parking and Control Traffic and More Particularly the Parking, Stopping or Standing of Vehicles and the Use of Municipal Parking Lots within the Municipality of Northern Bruce Peninsula
Councillor Myles asked that Harpur Drive be monitored this season. Following a Council discussion, it was suggested that problematic areas be reviewed in the fall.
The CAO advised that updated maps outlining paid parking areas will be placed on the Municipal website and sent to the Tobermory and District Chamber of Commerce. It was recommended that the maps be printed in the Bruce Peninsula Press.
Resolution #15-08-2021, Moved by L. Golden, Seconded by J. Mielhausen
THAT Council receives MLEO Report # 21-05 Report as it relates to the By-law to Regulate Paid Parking and the Control of Traffic and More Particularly the Parking, Stopping or Standing of Vehicles and the Use of the Municipal Parking Lots within the Municipality of Northern Bruce Peninsula 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
6. Clerk Report No. C 21-20
Re: Community Safety and Policing Act, 2019
Resolution #15-09-2021, Moved by J. Mielhausen, Seconded L. Golden
THAT Council receives C 21-20 report Community Safety and Policing Act, 2019, 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
7. Chief Administrative Officer Report No. CAO 21-11
Re: Communication Tower Lease Agreement
The CAO indicated that the lease amount was determined based on the size and servicing for the tower in comparison to lease earnings of similar municipalities.
Resolution #15-10-2021, Moved by D. Myles, Seconded by M. Myles
THAT Council receives the report titled, Communication Tower Lease Agreement and;
THAT Council approves the location of the tower at the St. Edmunds Landfill;
THAT Shared Tower Inc. be instructed to commence Public Comment through CRINS;
THAT pending successful public consultation that the attached agreement be brought back to Council for review.
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. Chief Administrative Officer Report No. CAO 21-12
Re: Appoint a Chief Building Official and Deputy Chief Building Official/Building Inspector
Resolution #15-11-2021, Moved by J. Mielhausen, Seconded by L. Golden
That Council approves the appointment of a Chief Building Official and Deputy Chief Building Official/Building Inspector for the Municipality of Northern Bruce Peninsula as follows:
Chief Building Official Wendy Elliott and Deputy Chief Building Official/Building Inspector Emily McDougall; and
That Council will consider the passage of By-law No. 2021-37 appointing said individuals as Chief Building Official and Deputy Chief Building Official/Building Inspector at its regular meeting on Monday, April 26, 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
9. Minutes- Waste Management and Diversion Committee- February 18, 2021
Resolution #15-12-2021, Moved by M. Myles, Seconded by D. Myles
That Council does hereby adopt the Waste Management and Diversion Committee Minutes dated February 18, 2021 as circulated and approves 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 Southgate
Re: Grey Bruce Public Health Unit’s Medical Officer of Health Dr. Ian Arra
Resolution #15-13-2021, 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
11. Resolution- Township of Archipelago
Re: Road Management Action on Invasive Phragmites
Resolution #15-14-2021, Moved by J. Mielhausen, Seconded by M. Myles
That Council supports Resolution #21-073 from the Township of Archipelago regarding road management action on invasive phragmites.
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
Under Other Business, the CAO advised that the Province has yet to inform the Municipality of the status of its grant application for the Tobermory Water System.
The CAO will provide Council with an update on the Isthmus Bay Road construction project.
Correspondence
1. Isla Carmichael- Friends of the Lion’s Head Library- We look forward to enhanced recreational facilities and expanded space for our library users- The CAO summarized the process for the Lion’s Head Arena Renovations and advised that a staff report will be presented at the May 10, 2021 Council meeting with a recommendation to appoint an architect. Councillor Myles commented on the building being the greatest contributor greenhouse gas emissions and asked that a fitness room be included in the design. Councillor Golden asked that an area be dedicated for seniors.
2. Greenough Harbour Preservation Association Board- Blocks 63 and 65, parkland deeded to the Municipality by Greenough Harbour Corp, John Keeso
The CAO informed that an Agreement will be prepared addressing insurance requirements and trail design.
Resolution #15-15-2021, Moved by J. Mielhausen, Seconded by L. Golden
That Council supports a request from the Greenough Harbour Preservation Board to construct and maintain walking trails through Municipally-owned parcels described as Blocks 63 and 65, PIN # 33114-0350 and 33114-0352 that will be available to the public for their use and enjoyment.
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. Debbie Dover, Pike Bay Community Association- Request for Council’s support of an anticipated fall Ontario Trillium Foundation grant application
Resolution #15-16-2021, Moved by J. Mielhausen, Seconded by M. Myles
That Council supports a request from the Pike Bay Community Association for the Municipality to act as the lead organization and submit an Ontario Trillium Foundation grant application for major repairs and renovations to the Pike Bay Community Centre facility, when the application becomes available.
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
4. The Blue Heron Company- Concerns with proposed overreaching STA regulations- Forward to Will Meneray, Consultant
5. County of Bruce- Notice of Public Information Centre #2 Master Transportation Plan- Noted and filed
6. Alison J Knight- Help us protect Lion’s Head Provincial Park’s sensitive species and ecosystems- Noted and filed
7. AODA Compliance- Conclusion of desk audit- Thank you for helping to make Ontario accessible- Noted and filed
8. Tobermory and District Chamber of Commerce- Brock Street Property Recommendations- Noted and filed
Resolution #15-17-2021, Moved by J. Mielhausen, Seconded by L. Golden
That Council receives correspondence items #1, 4, 5, 6, 7, and 8 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 #15-18-2021, Moved by M. Myles, Seconded by D. Myles
By-law No. 2021-27
Being a By-Law to Establish Policies and Procedures for Integrated Accessibility Standards Regulations for the Municipality of Northern Bruce Peninsula
By-law No. 2021-31
Being a By-law to execute an Agreement with the Owen Sound Police Services Board and the Municipality of Northern Bruce Peninsula for Dispatch Communication Services
By-law No. 2021-37
Being a By-Law to Appoint a Chief Building Official and Deputy Chief Building Official/Building Inspector for The Municipality of Northern Bruce Peninsula
By-law No. 2021-38
Being a By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Monday, April 26, 2021
That the listed by-law(s) be given 1st, 2nd, and 3rd reading, and enacted.
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
Closed Session
There is no Closed Session for Council Meeting No. 21-15, April 26, 2021.
Reconvene from Closed Session to Resume Council Meeting
There is no Closed Session for Council Meeting No. 21-15, April 26, 2021.
Adjournment
Resolution #15-19-2021, Moved by L. Golden, Seconded by J. Mielhausen
THAT the meeting adjourns at 2:54 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
