Members Present: Deputy Mayor – Debbie Myles, Councillor – Laurie (Smokey) Golden, Councillor – James Mielhausen, Councillor – Megan Myles
Members Absent: Mayor – Milt McIver, Staff Present: Chief Administrative Officer – Peggy Van Mierlo-West, Clerk – Cathy Addison, Committee/Licensing Coordinator – Lindsay Forbes, Public Works Manager – Troy Cameron, GIS/IT Coordinator – Kara Smith, Bylaw Enforcement Officer – Carol Hopkins, Fire Chief – Jack Burt
Others Present: Luisa Vacondio, Bruce County Planning
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
Deputy Mayor Myles called the meeting to order at 1:00 p.m. and Council members were reminded to disclose any pecuniary interest and the general nature thereof that may arise during the meeting.
Councillor Golden declared on Correspondence Items #1-16 as “While I do not have a pecuniary interest, I will not participate in any discussion on information correspondence items #1 through #16, as I wish to avoid any appearance of conflict, as per the Code of Conduct. These letters involve a company owned by my sibling.”
Councillor Golden declared a Pecuniary Interest on Closed Session as “I will not participate and will excuse myself from the room during in camera discussions regarding OPSEU negotiations as my husband is a member of OPSEU”.
Approval of the Agenda
#22-01-2022
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Megan Myles
That the content of the agenda be approved as presented.
Carried
Adoption of the Minutes
Re: Council Meeting No. 22-21, Dated August 8, 2022
#22-02-2022
Moved by Councillor James Mielhausen, Seconded by Councillor Megan Myles
That the minutes of Council Meeting No. 22-21, dated August 8, 2022, be approved as printed and circulated.
Carried
Public Meeting
Luisa Vacondio, Bruce County Planning
Zoning By-law Amendment Z-2022-071 (790 Pike Bay Road)
Deputy Mayor Myles welcomed Luisa Vacondio to the August 22, 2022 Council meeting.
Luisa Vacondio provided an overview of Zoning By-law Amendment Z-2022-071 for 790 Pike Bay Road. The following was noted from the Planning Report submitted by the Bruce County Planning Department.
· The application proposes to rezone the property at 790 Pike Bay Road from Resort Residential (“R2”) to Resort Residential Special (“R2-X”). The new zoning will add a special provision to the lands to recognize an existing ‘Automobile Repair Establishment’. The new zoning will also limit the scale of the use to what exists today. The Automobile Repair Establishment as been operating from the detached garage on the subject lands for approximately twenty years.
· The applicants, Jason and Jennifer Townson, have informed staff that the current Automobile Repair Establishment use is solely for the repair of cars. No cars have previously—or will be—sold or wrecked on the subject lands and no service station will accompany the use. Therefore, the Automobile Repair Establishment does not include any other automotive use as defined in the Northern Bruce Peninsula Zoning By-law. Staff are satisfied that the current use meets the definition of an Automobile Repair Establishment.
· In order to permit the automobile repair establishment on the subject lands, Zoning By-law Amendment application Z-2022-071 Townson requests that the subject lands be rezoned to Resort Residential Special (“R2-X”). Under this zoning, the special provision afforded to the subject property will include an Automobile Repair Establishment as a permitted use. As the existing Automobile Repair Establishment has been operating on the subject lands for approximately twenty years, this zoning by-law amendment would bring the current uses of the subject lands into conformity with the Northern Bruce Peninsula Zoning By-law.
· Three public comments were received regarding Zoning By-law Amendment application Z-2022-071. Two of the comments indicated no objection to the proposed zoning by-law amendment. The third comment, received on August 10th, 2022, indicated opposition to the application, noting that they have been impacted by the noise and extra traffic generated by the business, and have asked whether additional environmental studies have been undertaken to assess the potential impacts of accidental leaching of contaminants into the drainage system through the drainage ditch on-site.
· Staff reviewed the comments contained within the public comment received on August 10th, 2022, and provided the following comments.
o The Grey Sauble Conservation Association (GSCA) reviews planning applications and provides comments and recommendations to address the policies of the Provincial Policy Statement (PPS, 2020), specifically those concerning natural hazards (Section 3.1) and natural heritage and water (Sections 2.1 and 2.2, respectively). The GSCA’s comments indicate no concern with the subject application, and a further Environmental Impact Statement is not required. As such, County staff are satisfied that the automobile repair operation is not a risk to the surrounding environmental features and drainage systems. Furthermore, there are provincial guidelines which regulate the operation of commercial garages and the associated storage of lubricants and materials for these businesses, in order to prevent the potential for adverse impacts to the surrounding environmental features
o Municipal staff confirmed that in the time this business has been in operation (approximately 20 years), the municipality has not received any complaints of noise associated with this business. Furthermore, it is noted that the municipality has a noise by-law to regulate excessive noise.
Deputy Mayor Myles opened the meeting to members of the public at this time.
Jan Pugsley was present via Zoom and inquired regarding the operational status of the business in question.
Bruce County Planner, Luisa Vacondio, stated that Townsons Garage is an existing small business that has been operating within Pike Bay for approximately twenty (20) years.
Jan Pugsley inquired regarding the number of licenced mechanics and number of apprentices working within the business.
Property owner, Jason Townson, appeared via Zoom and stated that the he is the sole employee and proprietor of Townsons Garage.
Deputy Mayor Myles closed the meeting to members of the public at this time.
Deputy Mayor Myles thanked Luisa Vacondio for their presentation.
#22-03-2022
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor James Mielhausen
Subject to a review of the submissions arising from the public meeting:
That Council approve Zoning By-law Amendment Z-2022-071 by Jason and Jennifer Townson as attached.
Carried
Delegation – Nil.
Consideration of Agenda Items
1. Public Works Manager Report No. PW 22-30
Re: Request for Temporary Road Closure – Fundraising Cycling Event
Councillor Megan Myles indicated that she had previously taken part within this event and would recommend participating or volunteering for the event to any individuals within the area on October 2, 2022.
#22-04-2022
Moved by Councillor Megan Myles, Seconded by Councillor James Mielhausen
THAT Council receives Public Works Department Report PW 22-30 titled Request for Temporary Road Closure – Fundraising Cycling Event; and
THAT Council approves the Bruce Peninsula Biosphere Association’s request for the temporary closure of Phillip Forbes Street and Webster and Scott Streets west of Helen Street on October 2, 2022, from 7:00 a.m. to 6:00 p.m., with the understanding that access to the Lion’s Head Beach Park Campground will be permitted.
Carried
2. Public Works Manager Report No. PW 22-31
Re: Barrow Bay Property Owners Association Break Wall Reconstruction and Channel Dredging/Shoreline Erosion Control Project Proposal
#22-05-2022
Moved by Councillor James Mielhausen, Seconded by Councillor Megan Myles
THAT Council receives Public Works Department Report PW 22-31 titled Barrow Bay Property Owners Association Break Wall Reconstruction and Channel Dredging/Shoreline Erosion Control Project Proposal;
AND THAT Council provides approval to the Barrow Bay Property Owners Association for the following functions to be carried out on North Shore and Channel Roads:
1. Unloading of trucks at the intersection of North Shore Road and Channel Road and that the road allowance connecting North Shore Road to Barrow Bay proper be used as a stockyard and equipment storage area.
2. Equipment, such as front-end loaders and transport trucks, be permitted to traverse Channel Road to deliver material to the site.
3. The grade change of Channel Road to facilitate access to the channel.
AND THAT Council requires the following conditions be attached to its approval of the above-noted proposal:
1. That an appropriate traffic control plan be provided to the Municipality for approval as per Ontario Traffic Manual – Book 7 – Temporary Conditions.
2. That the regular flow of traffic is not interrupted, including ensuring access to adjacent properties.
3. That a qualified contractor be retained to carry out the work and that said contractor provide proper proof of insurance coverage and a WSIB clearance certificate.
4. That the Association and its contractor provide proper notification to residents and emergency services of the potential disruption to traffic.
AND THAT Council supports its contribution of $20,000, funds of which were approved in the 2022 Budget.
Carried
3. Public Works Manager Report No. PW 22-32
Re: Request for Amendment to No Maintenance Period for Rush Cove Road
#22-06-2022
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor James Mielhausen
THAT Council receives Public Works Department Report PW 20-32 titled Request for Amendment to No Maintenance Period for Rush Cove Road;
AND THAT Council denies the request to amend the no maintenance period dates for Rush Cove Road.
Carried
4. Public Works Manager Report No. 22-33
Re: Consulting Engineering Services for Water and Wastewater Master Servicing Plan for Tobermory and Lion’s Head
Discussion ensued regarding the scope of work contained within the Request for Proposal (RFP).
It was noted that the Water and Wastewater Master Servicing Plan is a critical component for determining the long-term objectives of the Municipality regarding water and wastewater servicing.
CAO, Peggy Van Mierlo-West, indicated that Public Information Sessions and a Council workshop are included within the scope of the RFP.
CAO, Peggy Van Mierlo-West, provided clarification on the Next Steps for the Water and Wastewater Master Servicing Plan. It was noted that WSP will evaluate several scenarios regarding various long-term objectives for Tobermory and Lion’s Head regarding servicing, population growth, and public comments, and previous Water and Wastewater Servicing Plans.
#22-07-2022
Moved by Councillor Megan Myles. Seconded by Councillor James Mielhausen
THAT Council receives Public Works Department Report PW 22-23 titled Consulting Engineering Services for Water and Wastewater Master Servicing Plan for Tobermory and Lion’s Head;
AND THAT Council awards the contract for consulting engineering services for the Water and Wastewater Master Servicing Plan for Tobermory and Lion’s Head to WSP Canada for the amount of $212,058.00, excluding HST, as per a letter of recommendation from Ontario Clean Water Agency.
Carried
5. Public Works Manager Report No. PW 22-34
Re: Tender PW 2022-05 for the Rental of Tandem Snowplow Trucks with One-way Plow, Wing and Sander with Operator and the Rental of a Sidewalk/Parking Lot Blower and Sander with Operator
Discussion ensued regarding the possible implementation of incentives to minimize time and fuel consumption utilized by snowplows.
Public Works Manager, Troy Cameron, noted that there are currently no incentives to decrease times associated with the completion of beats (snowplow routes) within the Municipality, but that snowplow operators are required to maintain a level of service throughout their beats. He further noted that snowplow operators within the Municipality of Northern Bruce Peninsula are recognized for exceeding the minimum standards for winter maintenance on Municipal roads.
#22-08-2022
Moved by Councillor Megan Myles, Seconded by Councillor James Mielhausen
THAT Council receives Public Works Department Report PW 22-34 titled Tender PW 2022-05 for the Rental of Tandem Snowplow Trucks with One-way Plow, Wing and Sander with Operator and the Rental of a Sidewalk/Parking Lot Blower and Sander with Operator;
AND THAT Council, approves the following contractors for a three-season term:
(Beat, Contractor, Price Per Hour, 2022/2023 2023/2024 2024/2025)
Pike Bay Area, Liverance Haulage, $152.00, $158.00, $164.50
Cape Chin Area, Rydall Contracting, $155.00, $160.00, $165.00
Dorcas Bay Area, Rydall Contracting, $155.00, $160.00, $165.00
Tobermory Sidewalks and Parking Lots, Rydall Contracting, $125.00, $130.00, $135.00
Tobermory Handwork, Rydall Contracting, $60.00, $60.00, $60.00
Carried
6. Clerk Report No. 22-45
Re: File Number – B/R/2022-2023/255
Applicant & Owners: Andrzej Witek
Address: Part Lot 30, Concession 5 EBR, 31 Isthmus Bay Road, Municipality of Northern Bruce Peninsula (Eastnor), County of Bruce
ARN 410962000606107
#22-09-2022
Moved by Councillor James Mielhausen, Seconded by Councillor Laurie (Smokey) Golden
That Council directs staff to submit the Municipality’s comments to the Niagara Escarpment Commission (NEC), regarding the Development Permit application submitted on behalf of the owner, Anfrzej Witek, for the property known as Part lot 30, Concession 5 EBR, 31 Isthmus Bay Road, Municipality of Northern Bruce Peninsula (former Eastnor), who is seeking approval to undertake and perform the following work on a vacant 0.15 ha (0.38 acre) lot:
• to construct a new 1 storey ± 149 m2 (1620 ft2) single dwelling with a maximum height of ± 7.6 m (25 ft);
• to install a ± 15.2 m (50 ft) long and ± 3 m (10 ft) wide driveway;
• install a private septic system;
• drill a well.
And that the Senior Management reviewed the request for comments and noted the following be provided:
· ensure all permits are approved prior to any excavation on property.
Carried
7. Clerk Report No. 22-46
Re: File Number – B/R/2022-2023/270
Applicant & Owner: Karine Sargsyan
Address: Part Lot 30, Concession 5 EBR, Municipality of Northern Bruce Peninsula (Eastnor), County of Bruce
ARN 410962000606103
#22-10-2022
Moved by Councillor Megan Myles, Seconded by Councillor Laurie (Smokey) Golden
That Council directs staff to submit the Municipality’s comments to the Niagara Escarpment Commission (NEC), regarding the Development Permit application submitted on behalf of the owner, Karine Sargsyan, for the property known as Part lot 30, Concession 5 EBR, Municipality of Northern Bruce Peninsula (former Eastnor), who is seeking approval to undertake and perform the following work on a vacant 0.15 ha (0.37 acre) lot:
• construct a new 3-storey ± 222.8 m2 (2398 ft2) single dwelling with a maximum height of ± 10.6 m (35.2 ft) with a covered porch and attached decks;
• construct a ± 4.8 m (16 ft) wide and ± 13.7m (45 ft) long gravel driveway;
• construct a private sewage disposal system;
• drill a well.
And that the Senior Management reviewed the request for comments and noted the following be provided:
· ensure all permits are approved prior to any excavation on property; and
· the maximum building height is only 10 metres and the proposal indicates 10.6 metres that exceed the height limit.
Carried
8. Attainable Housing Task Force Minutes
Re: July 7, 2022, and August 18, 2022, Meetings
It was noted that the motion approves the minutes of the July 7, 2022 and August 18, 2022 meetings of the Attainable Housing Task Force and all actions contained within. The motion was amended to accept the minutes and not the Attainable Housing Strategy report.
It was noted that the Attainable Housing Strategy final report will be presented to Council on September 12, 2022.
#22-11-2022
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Megan Myles
That Council approves Attainable Housing Task Force minutes dated July 7, 2022, and August 18, 2022.
Carried
Other Business
Councillor Myles inquired regarding the implementation of public wifi within the town cores of Tobermory and Lion’s Head.
CAO, Peggy Van Mierlo-West, stated that the capacity of the network would need to be increased prior to the implementation of public wifi. She further noted that staff have been in contact with suppliers regarding increasing the capacity of the network within the Municipality of Northern Bruce Peninsula.
Councillor Myles inquired regarding the status of the Lion’s Head Arena Architect Request for Proposal (RFP).
CAO, Peggy Van Mierlo-West, stated that a report will be included within the September 12, 2022 Council Agenda regarding the Lion’s Head Arena Architect RFP.
Councillor Myles inquired regarding the status of the Marina Policy Review.
CAO, Peggy Van Mierlo-West, indicated that a customer satisfaction survey will be distributed to seasonal users for both harbours.
Councillor Myles inquired regarding the Municipality’s plans for National Truth and Reconciliation Day, September 30th, 2022.
CAO, Peggy Van Mierlo-West, noted that staff will continue training regarding National Truth and Reconciliation and that a Every Child Matters flag will be raised at the Municipality on September 1, 2022.
Correspondence
Having declared a conflict of interest, Councillor Golden did not participate in this portion of the meeting.
Councillor Myles stated that it is the responsibility of Council to do our due diligence regarding the preservation of public access points. She further noted that direction from the August 8, 2022 Council meeting noted that CAO, Peggy Van Mierlo-West, would be brining a report to Council regarding property known as the GAP.
1. Brent Robins (Information)
Re: Response to R. Blackburn GAP Letter – August 6, 2022
2. Robert Blackburn (Information)
Re: Gap letter to Council
3. Alexa Kudar (Information)
Re: The GAP
4. Erin Ross (Information)
Re: The GAP
5. Dana Holmes (Information)
Re: The GAP
6. James Dunlop (Information)
Re: Activities at and use of Gap Property
7. Nigel Grinsteed (Information)
Re: The Gap
8. Michael Sehl (Information)
Re: The GAP
9. Beth Breen (Information)
Re: Use of Gap Property
10. Deryn and Graham Harkness (Information)
Re: The GAP
11. John Bainbridge (Information)
Re: The property known locally as The Gap
12. Ken Jackson (Information)
Re: Use of The Gap property
13. Robert and Joanna Henning (Information)
Re: Use of “the Gap” property
14. Gail and Lawrence Beagan (Information)
Re: Use of The Gap property
15. Foster-Jeffery (Information)
Re: Bylaw Enforcement near 61 Front St, Tobermory
16. Lynn & Larry Graham (Information)
Re: Property in Tobermory known as the GAP
#22-12-2022
Moved by Councillor Megan Myles, Seconded by Councillor James Mielhausen
That the correspondence items #1-16 be received as information as printed and circulated.
Carried
17. Tobermory Chamber of Commerce (Information)
Re: Landscaping Project – Tobermory Harbour
Councillor Golden rejoined the meeting at this time.
#22-13-2022
Moved by Councillor Megan Myles, Seconded by Councillor Laurie (Smokey) Golden
That Council supports the Tobermory Chamber of Commerce Landscaping Project for the Tobermory Harbour.
Carried
18. Grey Bruce Public Health Media Release (Information)
Re: Peninsula Family Health Team Spotlight
19. Minister of Public Services and Procurement (Information)
Re: Payment in Lieu of Taxes Act
20. Dave and Jen Butler (Information)
Re: Appeal of the posting of the “No Off-Road Vehicles” sign on the trail between 23 & 37 Paradise Drive
It was noted that a policy will be presented at a future Council meeting regarding levels of services for such requests.
21. Clean Energy Frontier (Information)
Re: August Update & Key Messages Sheet 2022
22. Bruce Grey Dufferin Senior Centre Without Walls (Information)
Re: September Program Schedule
23. Chris Young (Information)
Re: Rush Cove Annual General Meeting (AGM), September 4, 2022
#22-14-2022
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor James Mielhausen
That the correspondence items #17-23 be received as information as printed and circulated.
Carried
24. Tobermory Health Services Auxiliary (Direction)
Re: Rental of Tobermory Community Centre
#22-15-2022
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor James Mielhausen
That Council approves the free use of the Tobermory Community Centre on October 22, 2022 for the Tobermory Health Services Auxiliary 10th anniversary celebrations.
Carried
25. H. Neals (Direction)
Re: Lowering of speed limit on Greenough Point Road
Council directed staff to review speed limits during the annual review for reduction on Greenough Point Road.
26. Town of South Bruce Peninsula (Direction)
Re: School Resource Officers
Council received Town of South Bruce Peninsula’s correspondence Re: School Resource Officers as information.
Councillor Golden suggested the Bruce Peninsula District School Administration be consulted regarding this request.
Reading of By-laws
By-law 2022-53
Being a By-law to Authorize an Encroachment Agreement with Adam David Stevens
By-law 2022-72
Being a By-Law to Adopt a Records Management Policy for Municipality of Northern Bruce Peninsula
By-law 2022-74
Being a By-law to Authorize a Lease Agreement with The Rotary Club of Northern Bruce Peninsula
By-law 2022-78
Being A By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Monday, August 22, 2022
#22-16-2022
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Megan Myles
That by-laws #1-4 be given 1st, 2nd, and 3rd reading, and enacted.
Carried
By-Law No. 2022-75
Being a By-law to Authorize an Agreement with Golden Dawn Seniors Home for the Provision of Shuttle Services Within the Village of Lion’s Head
Councillor Myles declared a pecuniary interest on “By-law 2022-75 because my parent works for the Golden Dawn.”
#22-17-2022
Moved by Councillor James Mielhausen, Seconded by Councillor Laurie (Smokey) Golden
That By-law #4 be given 1st, 2nd, and 3rd reading, and enacted.
Carried
Closed Session
#22-18-2022
Moved by Councillor James Mielhausen, Seconded by Councillor Megan Myles
That Council move into closed meeting at 2:06 p.m. pursuant to Section 239 (2) of The Municipal Act, 2001, as amended, for the following reasons: (d) labour relations or employee negotiations
Carried
Reconvene from Closed Session to Resume Council Meeting
#22-19-2022
Moved by Councillor James Mielhausen, Seconded by Councillor Megan Myles
That Council reconvenes from Closed Session at 2:43 p.m. and resumes the Council meeting.
Carried
Following Closed Session, Deputy Mayor Myles advised that Council approved previous minutes, the CAO provided a report to with regards to commencing Union Negotiations, were received.
Adjournment
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#22-20-2022
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Megan Myles
That the meeting adjourns at 2:44 p.m.
Carried
