Members Present: Mayor – Milt McIver, Deputy Mayor – Debbie Myles, Councillor – Laurie (Smokey) Golden, Councillor – James Mielhausen, Councillor – Megan Myles,
Staff Present: Chief Administrative Officer – Peggy Van Mierlo-West, Clerk – Cathy Addison, Committee/Licensing Coordinator – Lindsay Forbes, GIS/IT Coordinator – Kara Smith, Chief Building Official – Wendy Elliott, Bylaw Enforcement Officer – Carol Hopkins
Others Present: Megan Stansfield, Bruce County Planning, Rob Fields
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 1:01 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 disclosed a pecuniary interest, stating “Please be advised that while I do not have a pecuniary interest in the matter, to avoid any “perception” of conflict I will not participate in any discussion on report MLEO2022-06 The Gap, as it may refer to a company owned by my sibling.”
Approval of the Agenda
#24-01-2022
Moved by Deputy Mayor Debbie Myles, Seconded by Councillor Megan Myles
That the content of the agenda be approved as presented.
Carried
Adoption of the Minutes
Re: Council Meeting No. 22-23, Date September 12, 2022
It was noted that the dollar amount received to date from the Insurance Claim on the Lion’s Head Marina should be included under Other Business in the September 12, 2022 Council Meeting minutes.
#24-02-2022
Moved by Councillor James Mielhausen, Seconded by Councillor Laurie (Smokey) Golden
That the minutes of Council Meeting No.22-23, Date September 12, 2022 be approved as amended.
Carried
Public Meeting
Re: Zoning By-law Amendment Z-2020-075
138 Bradley Drive (Fieldstate)
Bruce County Planner, Megan Stansfield, appeared via Zoom.
Mayor McIver welcomed Bruce County Planner, Megan Stansfield to the September 26, 2022 Council Meeting.
Megan Stansfield provided an overview of Zoning By-law Amendment Z-2020-075 (138 Bradley Drive)
It was noted that the application proposes to rezone a portion of the property from ‘PD’ Planned Development to R2 Resort Residential to permit construction of a dwelling with footprint of +/- 180 sq m dwelling and a detached garage with footprint of 108 sq m in a 50m x 60m building envelope identified through an Environmental Impact Study (EIS). This revised request relates to a change to the proposal, which previously proposed to develop a single-detached dwelling and outbuilding in a different location on the property.
It was further noted that the proposed development would be accessed using an existing driveway and located in an area that Grey Sauble Conservation Authority (GSCA) identified as appropriate from a natural heritage and hazards perspective. An Environmental Impact Assessment was completed and the building envelope was confirmed to be appropriate. An archaeological assessment has also been completed for the proposed development. Only the access and development area would be re-zoned to R2 Resort Residential; the balance of the lands would remain in the PD-Planned Development zone, or shown as the EH Environmental Hazard Zone, which does not permit development. The Environmental Hazard area was delineated by GSCA and has been incorporated into the zoning schedule.
Mayor McIver opened the meeting up to questions at this time.
Bruce County Planner, Megan Stansfield, provided clarification regarding the proposed area of development contained within the Zoning By-law Amendment.
Discussion ensued regarding communication procedures with Saugeen Ojibway Nation (SON) regarding planning applications.
Karen Phillips appeared in person at the Council Chamber and inquired regarding the increased development area from the previous application from 30m x 40m to 50m x 60m. She further inquired regarding the number of trees intended to be cut to facilitate the development.
Bruce County Planner, Megan Stansfield, stated that the proposed building envelope is 50m x 60m, to accommodate a T-shaped driveway for emergency vehicles to turn around/access more easily, for servicing, and to provide a 10m “firebreak, around structures.
Bruce County Planner, Megan Stansfield, further stated that the Environmental Impact Study (EIS) states that the removal of trees for this development will have a negligible impact on the significant woodland due to its size. The EIS identifies some specific Significant Wildlife Habitat, and confirms that said habitat will not be removed, and additionally will be protected by a 30 metre buffer.
Jonathan Sommer and Frank Van Dongen attended the meeting in person and stated that they own properties in close proximity to 138 Bradley Drive and support development within the area.
Mayor McIver thanked Megan Stansfield for their presentation.
#24-03-2022
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor James Mielhausen
That Committee approve Zoning By-law Amendment Z-2020-075 by Applicant as attached and the necessary by-law be forwarded to Council for adoption.
Carried
Consideration of Agenda Items
1. Chief Building Official Report No. BD 22-29
Re: Deeming By-law
Claude DeMone, Vicki Lynn DeMone
Lots 22 and 23, Plan 777, 867 Pike Bay Road (Former Eastnor), Municipality of Northern Bruce Peninsula
Assessment Roll No. 41 09 620 002 02300
PIN No. 33129-0082 (LT) and 33129-0081 (LT)
#24-04-2022
Moved by Deputy Mayor Debbie Myles, Seconded by Councillor Megan Myles
That the Chief Building Official proceed to register a By-Law to deem Lots 22 and 23, Plan 777, 867 Pike Bay Road (Former Eastnor), Municipality of Northern Bruce Peninsula, not to be parts of a registered Plan of Subdivision pursuant to a request submitted by the owners, Claude DeMone and Vicki Lynn DeMone.
And further that this deeming by-law be presented to Council for passage at its regular meeting on September 26, 2022.
Carried
2. Municipal Law Enforcement Officer Report No. MLEO 22-06
Re: The Gap
Having declared a conflict of interest, Councillor Golden did not participate in this portion of the meeting.
Discussion ensued surrounding management practices for the area locally known as the Gap.
It was noted that the creation of an Area Management Plan may be beneficial for the management of visitor areas.
It was noted that the current term of Council granted access to Bruce Anchor to utilize the unopened road allowance under Resolution #29-03-2010.
It was noted that Report No. MLEO 22-06, along side a staff review of the Paid Parking By-law, will be brought forward to the new Council
It was noted that the original correspondence received regarding the area locally known as the Gap referenced the Zoning, Encroachment and Parking By-laws.
Chief Administrative Officer, Peggy Van Mierlo-West, noted that staff will review the by-laws referenced within the original correspondence regarding the area locally known as the Gap.
#24-05-2022
Moved by Councillor James Mielhausen, Seconded by Councillor Megan Myles
THAT Council receives MLEO Report No. 22-06 as information with regards to what is locally known as “The Gap” described more formally as the road allowance between 36 Big Tub Road and 7480 Highway 6.
Carried
3. Clerk Report No. C 22-49
Re: Cemetery By-law Approval by Bereavement Authority of Ontario
Councillor Golden rejoined the meeting at this time.
Due to a power outage at the Municipal Office, the Zoom meeting was temporarily interrupted for a period of five minutes while the generator commenced.
Discussion ensued regarding sustainable burial alternatives within cemeteries.
#24-06-2022
Moved by Deputy Mayor Debbie Myles, Seconded by Councillor Megan Myles
THAT Council considers and approves By-law No. 2022-11 – Being a By-law to Regulate the Operation of Cemeteries in the Municipality of Northern Bruce Peninsula, at today’s meeting.
Carried
4. Clerk Report No. C 22-50
Re: Integrity Commissioner Appointment
#24-07-2022
Moved by Councillor James Mielhausen, Seconded by Councillor Laurie (Smokey) Golden
THAT Council authorizes the Mayor and Clerk to sign and execute an Agreement with Aird and Berlis LLP as the Integrity Commissioner for the Municipality;
AND THAT By-law No. 2022- 83, being a by-law to appoint an Integrity Commissioner for the Corporation of the Municipality of Northern Bruce Peninsula, be presented for consideration of passage at the regular Council meeting on Monday, September 26, 2022.
Carried
5. Cemetery Committee Minutes
Re: September 13, 2022 Meeting
#24-08-2022
Moved by Councillor Megan Myles, Seconded by Deputy Mayor Debbie Myles
That Council approves Cemetery Committee minutes dated September 13, 2022, and approves all actions contained therein; and
That the Cemetery Committee recommends Council considers monument cleaning at Stokes Bay, Dunks Bay and McVicar Cemeteries in 2023 for a estimate of fee $8,000.00; and
That the purchase and installation of a Columbarium for Dunks Bay Cemetery be considered in the 2023 budget negotiations for a estimated fee of $36,000.00; and
That the installation of new fencing for sections of Stokes Bay and Dunks Bay cemetery be replaced for a estimated fee of $10,000.00 be budgeted for in 2023; and
That a fee of $10,000.00 be included in the 2023 budget negotiations to remove stumps and level the area in Dunks Bay Cemetery following completion of the archeological assessment.
Carried
Other Business
Councillor Golden inquired regarding the high property turnover in the Municipality as it relates to properties being purchased for Short-term Accommodations, without consideration of the provisions contained within the Short-term Accommodation By-law.
· CAO, Peggy Van Mierlo-West stated that additional avenues of communication will be reviewed by staff.
Deputy Mayor Myles inquired regarding the consideration of a loft as a bedroom within a Short-term Accommodation.
· Chief Building Official, Wendy Elliott, stated that the consideration of a loft as a bedroom is dependent on the allocation of the room within the property file. She further stated that all areas classified as bedroom in a proposed Short-term Accommodation are inspected to ensure fire and life safety.
Deputy Mayor Myles inquired regarding the ability of Short-term Accommodation owners to upgrade their septic system to accommodate more guests.
· Committee and Licensing Coordinator, Lindsay Forbes, stated that the occupancy limit of a Short-term Accommodation is based on the number of bedrooms within a dwelling. She further stated that if a property owner wishes to add an additional room to their dwelling, the requirements regarding renovation permits, septic permits and inspections must be approved by the Building Department prior to the submission of a request to the Committee and Licensing Coordinator concerning increasing the occupancy limit of a Short-term Accommodation.
Deputy Mayor Myles inquired regarding Harmari, a company utilized by the Clerks Department to monitor Short-term Accommodations within the Municipality.
· Committee and Licensing Coordinator, Lindsay Forbes, indicated that Harmari has been monitoring the activities and compiling records for all Short-term Accommodations within the Municipality, both licenced and unlicenced. She further noted that the Municipality is currently reviewing the records of the unlicenced Short-term Accommodations and proceeding to ensure compliance with the Short-term Accommodation By-law.
Councillor Myles inquired regarding the status of the OMAFRA RED funding
· CAO, Peggy Van Mierlo-West, indicated that a report will be included within the October 11, 2022 Council agenda regarding the status of funding for Economic Development within the Municipality.
Discussion ensued regarding ongoing issues related to cellular service within the Municipality.
Correspondence
1. Resolution – The Township of McGarry (Information)
Re: Requests to the Ministry of Municipal Affairs and Housing
#24-09-2022
Moved by Councillor Megan Myles, Seconded by Councillor James Mielhausen
That Council supports the following resolution from the Township of McGarry Re: Requests to the Ministry of Municipal Housing and Affairs;
Whereas across municipal councils in Ontario there have been appalling instances of misogyny and hatred; and
Whereas the powers of the Office of the Integrity Commissioner do not include the ability to recommend expulsion of councillors;
Now Therefore Be It Resolved That the Council of Township of McGan-y direct staff to send a letter to the Ministry of Municipal Affairs and Housing with copies being sent to the federal government, provincial government, Association of Municipalities, requesting the Ministry:
1. Study the merits of allowing the recall of municipal councillors under carefully prescribed circumstances, including displays of hatred, misogyny and all forms of discrimination; and
2. Facilitate strengthened and ongoing orientation and training sessions for Councils. local boards, and committees”
Carried
2. County of Bruce Planning & Development Department (Information)
Re: Notice of Public Open House and Public Meeting for County of Bruce Official Plan amendments, September 29 and October 6, 2022
3. Climate Action Committee (Information)
Re: Follow-up to the work of the Climate Action Committee
4. John Moiseshyn (Information)
Re: Negligence on the Tobermory Waterfront
Discussion ensued regarding the information contained within the correspondence item from John Moiseshyn.
It was noted that the area contained within the correspondence item is not under Municipal jurisdiction.
Discussion ensued regarding boater and motorized vehicle etiquette and safety within Municipal Harbours.
#24-10-2022
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Megan Myles
That the correspondence items #2-4 be received as information as printed and circulated.
Carried
5. Re: Pike Bay Lights Correspondence (Direction)
It was noted that the street lights installed within the Pike Bay Community are Dark Sky compliant.
6. Jane and Dave Thomson (Direction)
Re: Speed Limit Reduction Request – Chetwynd Lane
#24-11-2022
Moved by Councillor James Mielhausen, Seconded by Councillor Megan Myles
Council directed staff to investigate the Pike Bay street lights and review speed limits during the annual review for reduction on the areas contained within the Correspondence Items from members of the Pike Bay Community and Jane Thomson.
Carried
Reading of By-laws
By-law 2022-11
Being a By-Law to Regulate the Operation of Cemeteries in the Municipality of Northern Bruce Peninsula
By-law 2022-83
Being a by-law to appoint an Integrity Commissioner for the Corporation of Northern Bruce Peninsula
By-law 2022-84
Being A By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Monday, September 26, 2022
By-law 2022-85
A by law to amend the Municipality of Northern Bruce Peninsula By-law 2002-54, as amended.
#24-12-2022
Moved by Councillor James Mielhausen, Seconded by Councillor Megan Myles
That the listed by-law(s) be given 1st, 2nd, and 3rd reading, and enacted.
Carried
Closed Session
#24-13-2022
Moved by Councillor James Mielhausen, Seconded by Councillor Laurie (Smokey) Golden
That Council move into closed meeting at 2:10 p.m. pursuant to Section 239 (2) of The Municipal Act, 2001, as amended, for the following reasons:(h)information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them; (Parks Canada)
Carried
Reconvene from Closed Session to Resume Council Meeting
#24-14-2022
Moved by Councillor Laurie (Smokey) Golden, Seconded by Deputy Mayor Debbie Myles
That Council reconvenes from Closed Session at 2:38 p.m. and resumes the Council meeting.
Carried
Following Closed Session, Mayor McIver advised that Council approved previous minutes and Council provided staff direction with regards to Parks Canada correspondence.
Adjournment
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#24-15-2022
Moved by Councillor Megan Myles, Seconded by Councillor Laurie (Smokey) Golden
That the meeting adjourns at 2:39 p.m.
Carried
