Members Present: Mayor – Milt McIver, Councillor – Todd Dowd, Councillor – Laurie (Smokey) Golden (Via Zoom), Councillor – Aman Sohrab
Members Absent: Deputy Mayor – Rod Anderson,
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, Recreation and Facilities Manager, Mark Coleman, Treasurer (Interim), Tony Houad
Others Present: Bruce County Planner, Megan Stansfield, Bruce County Community Safety and Wellbeing Planning Coordinator, Sarah Pelton, Director of Human Services for Bruce County, Christine MacDonald
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.
Approval of the Agenda
#08-01-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab
That the content of the agenda be approved as presented.
With Councillor Golden attending via Zoom, the Clerk read the Council members names to confirm their vote:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Mayor McIver – Yes
The Clerk announced that the motion had passed.
Carried
Adoption of the Minutes
Re: Council Meeting No. 23-07, March 13, 2023
#08-02-2023
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Todd Dowd
That the minutes of Council Meeting No. 23-07, March 13, 2023, be approved as printed and circulated.
With Councillor Golden attending via Zoom, the Clerk read the Council members names to confirm their vote:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Mayor McIver – Yes
The Clerk announced that the motion had passed.
Carried
Public Meeting
Bruce County Planning, Megan Stansfield
Zoning By-law Amendment – Z – 2023-002 (2916 Highway 6)
Bruce County Planner, Megan Stansfield, appeared in person for the Public Meeting regarding Zoning By-law Amendment Z-2023-002, and provided an overview of the application.
The following was noted from Bruce County Planner, Megan Stansfield:
-The application proposes to permit the use of a ‘Home Based Business’ within an accessory building in the Residential zone. The Home-Based Business is cabinet making and pottery. If approved, the proposed amendment would facilitate the use of the accessory building for cabinet making and pottery.
-The property is zoned Residential in the Northern Bruce Peninsula Zoning By-law.
There are a number of different types of home-based businesses described in the zoning bylaw, with differing provisions. The pottery use would be most like ‘Home Based Business – Domestic and Household Arts’ which is permitted, and which includes among other uses ‘sculpting, as well as furniture refinishing and repair’ but does require the uses to occur in a dwelling unit and not in an accessory building.
-Although the property is within a Hamlet, uses to the east and west are rural in nature and zoned as such. To the north there is one residential property, and the remaining Hamlet lands are zoned Open Space and Industrial and used for Municipal purposes. The business is being operated out of an accessory building that is set back the required distance from the neighbouring property line and further buffered from the neighbours with mature trees, lining the boundary of the lot.
-In terms of daily operations and traffic, the machine use for the cabinet shop would be done typically between 10 a.m. and 4 p.m. While the applicants noted that there have been several deliveries this past year to facilitate the construction of the accessory building addition, they stated that deliveries for the woodshop (a small pallet of lumber) would be approximately once per month on Wednesday’s at 1pm. Deliveries for the ceramic shop would be about twice per year and delivered by a small cube van. The cabinetmaking shop/business does not require clients to the property, and the pottery business will accept clients but by appointment only, therefore there are no parking concerns.
-Both comments noted the larger building size and its proximity to the lot lines – a building permit was issued for this addition, as it met the zoning by-law. Both comments referenced the recent deliveries to the site, and concerns for the impact to traffic. As noted above the applicant stated that the deliveries were temporary for the construction of the building, and regular operations would not see this amount of activity.
-Both public commenters also remarked on the compatibility of the residential zone for a ‘commercial’ business. This business is more closely defined as a Home-Based Business Rural Business and as noted above, is compatible with the Residential zone, due the scale and low impact to the surrounding neighbourhood. The second public comment also notes concerns of drainage, presumably from the addition to the building. This is typically addressed through the building permit stage. They note concerns for chemicals and air quality impact, as well as noise. As previously stated, the applicants have stated that the operation does not use any chemicals, and there is a dust collector to ensure no impact to the surrounding air quality. Noise issues have been addressed by the applicant, noting that they installed extra insulation, and operating hours will be during the day, to minimize impact.
Mayor McIver opened the meeting to comments from the public at this time.
Karen Phillips appeared via Zoom and inquired as to why the property owners did not submit a zoning amendment application prior to the construction of the accessory building.
Property owner, Jason Barry who attended the Council Meeting in person, stated that the original intent associated with the construction of the accessory building was for storage. It was further noted that the accessory building presented an opportunity to operate two home-based businesses to which the property owners wished to pursue.
Karen Phillips stated that individuals should do research prior to purchasing property, the construction of structures and establishment of businesses within the Municipality regarding permitted uses within specific zones.
Mayor McIver stated that for the most part individuals do their due diligence regarding zoning provisions.
John Francis appeared via Zoom and inquired if the addition had been attached to the principle dwelling if the zoning amendment would be required.
Bruce County Planner, Megan Stansfield, noted that operation of the home based businesses would have been able to occur without a zoning amendment if operations occurred within the principle dwelling.
Mayor McIver thanked Megan Stansfield for their presentation.
#08-03-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab
Subject to a review of submissions arising from the public meeting:
That Committee approve Zoning By-law Amendment Z-2023-002 by Amanda Millar and Jason Barry as attached and the necessary by-law be forwarded to Council for adoption.
With Councillor Golden attending via Zoom, the Clerk read the Council members names to confirm their vote:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Mayor McIver – Yes
The Clerk announced that the motion had passed.
Carried
Delegation
Bruce County Community Safety and Wellbeing Planning Coordinator, Sarah Pelton and Director of Human Services for Bruce County, Christine MacDonald
Re: Community Safety Plan
Bruce County Community Safety and Wellbeing Planning Coordinator, Sarah Pelton and Director of Human Services for Bruce County, Christine MacDonald, appeared via Zoom for their delegation.
The following was noted from the Community Safety Plan presentation by Bruce County Community Safety and Wellbeing Planning Coordinator, Sarah Pelton;
· Community Safety and Well-Being Planning has been collaboratively undertaken by Bruce and Grey counties, participating municipalities, police services, police service boards, education, health, community and social services, and other partners across Bruce and Grey.
· The four pillars of Community Safety and Well-being Planning are upstream prevention, enhanced coordination and communication, evidence-based decision making and planning, and reduced investment in incident response.
· Several advancements in Communication and Outreach have occurred regarding the Community Safety Plan such as branding, new website development, implementation of a social media campaign and publication of frequently asked questions and their corresponding answers.
· The objectives for 2023 include the following:
-Establish crime prevention and mental health action tables
-Establish reporting frameworks for action tables
-Enhance community asset mapping based on provincial community safety and well-being planning framework
-Focus on public information sharing and community engagement concerning the relationship between upstream prevention and crime prevention
-Facilitate S.T.A.R. training and continue to establish best practices for referrals and collaboration with other response tables
-Explore opportunities to sustain long-term funding for CSWBP in Bruce and Grey
Mayor McIver thanked Sarah Pelton and Christine MacDonald for their presentation.
Consideration of Agenda Items
1. Committee and Licensing Coordinator Report No. CLC 23-03
Re: Proposed Amendments to By-law 2021-84, Short-term Accommodations
Councillor Sohrab will provide a Notice of Motion for the Council meeting held on Tuesday, April 11, 2023, regarding the cap on the Short-term Accommodation By-law.
Discussion regarding expanding the eligible zones for Short-term Accommodations into rural zones.
It was noted that operation of a Short-term Accommodation within rural zones is not a permitted use within the Municipality’s Zoning By-law, 2002-54. It was noted that housekeeping amendments to the Zoning By-law would be required prior to expanding the zones for Short-term Accommodation operations.
Discussion ensued regarding expanding the occupancy limit as The maximum occupancy shall not exceed two (2) Persons per Bedroom, plus a total of two (2) Persons, ages 12 and under, to a maximum of ten (10) Persons per Class A/B Short-term Accommodation if sufficient parking and beds are available.
#08-04-2023
Moved by Councillor Aman Sohrab, Seconded by Councillor Todd Dowd
That Council receives CLC Report No. 23-03, entitled “Proposed Amendments to By-law 2021-84, Short-term Accommodations”; and
That Council provides staff with direction regarding Amendments to By-law 2021-84.
That it be included within the definition for Occupancy Limit within By-law 2021-84 that the maximum occupancy shall not exceed two (2) Persons per Bedroom, plus a total of two (2) Persons, ages 12 and under, to a maximum of ten (10) Persons per Class A/B Short-term Accommodation if sufficient parking and beds are available.
With Councillor Golden attending via Zoom, the Clerk read the Council members names to confirm their vote:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Mayor McIver – Yes
The Clerk announced that the motion had passed.
Carried
2. GIS/IT Manager Report No. GIS/IT 23-01
Re: Modernization Funding and Digital Transformation Strategy
#08-05-2023
Moved by Councillor Aman Sohrab, Seconded by Councillor Laurie (Smokey) Golden
That Council receive the report titled Modernization Funding and Digital Transformation Strategy, AND;
That Council supports the use of the remaining modernization reserve funds towards creating an updated Digital Transformation Strategy.
With Councillor Golden attending via Zoom, the Clerk read the Council members names to confirm their vote:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Mayor McIver – Yes
The Clerk announced that the motion had passed.
Carried
3. Public Works Manager Report No. PW 2023-09
Re: Tender PW 2023-01 – Supply and Application of 5/8” Granular “A”
Discussion ensued regarding the supply and application of 5/8” Granular “A” and noted that a potential budget amendment may be required.
#08-06-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab
That Council receives Public Works Department Report PW 23-09 titled Tender PW 2023-01 – Supply and Application of 5/8” Granular “A”; and
That Council awards the 5/8” Granular “A” Tender to Walker Aggregates (HSC Ltd.) for the amount of $300,000.00, excluding HST.
With Councillor Golden attending via Zoom, the Clerk read the Council members names to confirm their vote:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Mayor McIver – Yes
The Clerk announced that the motion had passed.
Carried
4. Chief Building Official Report No. BD 23-03
Re: Lift Holding (H) Zone
Owners: Ms. Susan Griffith
Town Plot Bury Pt Lot 89 ES Bury Rd (St. Edmunds), 10 Bay Street South
Assessment Roll No. 4109-680-005-19700-0000
#08-07-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden
That the removal of the Holding “H” zone requested by Ms. Susan Griffith of the property legally described as Town Plot Bury Pt Lot 89 ES Bury Rd (St. Edmunds); 10 Bay Street South, Municipality of Northern Bruce Peninsula be approved, and;
The passage of By-law No. 2023-31 being a by-law to lift the Holding “H” zone, at its Council meeting on Monday March 27, 2023.
With Councillor Golden attending via Zoom, the Clerk read the Council members names to confirm their vote:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Mayor McIver – Yes
The Clerk announced that the motion had passed.
Carried
5. Treasurer Report No. TR 23-08
Re: Proposed Amendments to By-Law 2021-83 Transient Municipal Accommodation Tax Within Municipality of Northern Bruce Peninsula
Interim Treasurer, Tony Houad, provided a brief overview of Treasurer Report No. TR 23-08.
It was noted that their is a quarterly remittance schedule associated with the Municipal Accommodation Tax.
It was noted that Bed and Breakfasts would be required to remit the Municipal Accommodation Tax with the implementation of the proposed amendments to By-law 2021-83.
#08-08-2023
Moved by Councillor Todd Dowd
Seconded by Councillor Aman Sohrab
THAT Council receives report TR 23-08 “Proposed Amendments to By-Law 2021-83 Transient Municipal Accommodation Tax”; and
THAT the report be uploaded to Let’s Talk NBP – Public Comment Corner for thirty (30) days for public comment; and
THAT a subsequent report is brought back to Council for discussion and amendments to By-Law 2021-83, Municipal Accommodation Tax
With Councillor Golden attending via Zoom, the Clerk read the Council members names to confirm their vote:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Mayor McIver – Yes
The Clerk announced that the motion had passed.
Carried
6. Treasurer Report No. TR 23-12
Re: Borrowing By-law for Tile Drainage Works
#08-09-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden
THAT Council receives Treasurer’s report TR23-12 regarding a borrowing by-law under the Tile Drainage Act; and
THAT By-law 2023-33, Being A By-Law to Raise Money to Aid in the Construction of Drainage Works Under the Tile Drainage Act, be presented, and considered for passage at the Regular Meeting of Council on April 11, 2023.
With Councillor Golden attending via Zoom, the Clerk read the Council members names to confirm their vote:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Mayor McIver – Yes
The Clerk announced that the motion had passed.
Carried
7. Treasurer Report No. TR 23-13
Re: Application for Tile Loan – 2748304 Ontario Inc.
#08-10-2023
Moved by Councillor Aman Sohrab, Seconded by Councillor Todd Dowd
THAT Council receives Treasurer’s report TR23-13 regarding a Tile Loan application submitted by 1000423165 Ontario Inc. to install drainage works on Concession 4 EBR Pt Lot 18 and Lot 19, former Township of Eastnor; and
THAT Council approves the loan application pending funding from OMAFRA.
With Councillor Golden attending via Zoom, the Clerk read the Council members names to confirm their vote:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Mayor McIver – Yes
The Clerk announced that the motion had passed.
Carried
8. Treasurer Report No. TR 23-14
Re: Application for Tile Loan – Jeffrey Mielhausen
#08-11-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden
THAT Council receives Treasurer’s report TR23-14 regarding a Tile Loan application submitted by Jeffrey Mielhausen to install drainage works on Concession 1 WBR Pt Lot 23 and 24, former Township of Eastnor; and
THAT Council approves the loan application pending funding from OMAFRA.
With Councillor Golden attending via Zoom, the Clerk read the Council members names to confirm their vote:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Mayor McIver – Yes
The Clerk announced that the motion had passed.
Carried
9. Clerk Report No. C 23-13
Re: Fees and Charges By-law No. 2023-30 – Proposed Amendments and/or Additions
Clarification was provided regarding the fees associated with the utilization of tandem truck and plows, single axle truck and plow and one ton truck and plow.
It was noted that amendments will be completed to reflect the appropriate fees.
#08-12-2023
Moved by Councillor Aman Sohrab, Seconded by Councillor Todd Dowd
That Council holds a Public Meeting on Tuesday, April 11, 2023, at 1:00 p.m. with respect to the proposed amendments and/or additions to the Municipality’s Fees and Charges By-law; and
That Council following discussions and review, if any changes and/or additions, Council direct staff accordingly.
With Councillor Golden attending via Zoom, the Clerk read the Council members names to confirm their vote:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Mayor McIver – Yes
The Clerk announced that the motion had passed.
Carried
10. Chi-Cheemaun Festival Committee Minutes
Re: March 15, 2023, Meeting
#08-13-2023
Moved by Councillor Aman Sohrab, Seconded by Councillor Todd Dowd
That Council approves Chi-Cheemaun Festival Committee minutes dated March 15, 2023, and approves all actions contained therein.
With Councillor Golden attending via Zoom, the Clerk read the Council members names to confirm their vote:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Mayor McIver – Yes
The Clerk announced that the motion had passed.
Carried
11. Cemetery Committee Minutes
Re: March 21, 2023, Meeting
#08-14-2023
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Aman Sohrab
That Council approves Cemetery Committee minutes dated March 21, 2023, and approves all actions contained therein.
With Councillor Golden attending via Zoom, the Clerk read the Council members names to confirm their vote:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Mayor McIver – Yes
The Clerk announced that the motion had passed.
Carried
Other Business – Nil
Correspondence
1. Bruce County, Edward Henley (Information)
Re: Development Charges
It was noted that a report will be brought to Council regarding the proposed implementation of development charges within the Municipality of Northern Bruce Peninsula.
2. The Meeting Place Tobermory (Information)
Re: A renewal plan for the Meeting Place facility at 20 Centennial Dr.
Clerk, Cathy Addison, left the meeting at 2:20 p.m.
Chief Administrative Officer, Peggy Van Mierlo-West, provided a brief overview of the steps associated with the development of a renewal plan for the Meeting Place facility at 20 Centennial Dr.
It was noted that the facility will be part of the Council Road Tour Meeting.
#08-15-2023
Moved by Councillor Aman Sohrab, Seconded by Councillor Todd Dowd
That Council provides direction to staff to provide a report regarding a renewal plan for the Meeting Place facility at 20 Centennial Dr.
With Councillor Golden attending via Zoom, the Committee and Licensing Coordinator read the Council members names to confirm their vote:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Mayor McIver – Yes
The Committee and Licensing Coordinator announced that the motion had passed.
Carried
3. Ontario Trillium Foundation (Information)
Re: Capital Grant
4. Ministry of the Environment, Conservation and Parks (Information)
Re: EA Modernization Update
5. Grey Sauble Conservation Authority (Information)
Re: Annual General Meeting Minutes, February 22, 2023
6. Resolution – Town of Essex (Information)
Re: Tax Classification of Short-term Rental Units
#08-16-2023
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Todd Dowd
That correspondence item # 1 and 3-6 be received as information as printed and circulated.
With Councillor Golden attending via Zoom, the Committee and Licensing Coordinator read the Council members names to confirm their vote:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Mayor McIver – Yes
The Committee and Licensing Coordinator announced that the motion had passed.
Carried
7. Resolution – Township of Malahide (Information)
Re: Call to Action: Review of the Cannabis Act
#08-17-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab
That Council supports the following resolution from the Township of Malahide regarding Call to Action: Review of the Cannabis Act.
THAT the City of Port Colborne correspondence in support of the Corporation of the County of Huron regarding Call to Action: Review of the Cannabis Act be supported;
AND THAT the Council of the Township of Malahide approve forwarding a Call to Action Letter of Support.
With Councillor Golden attending via Zoom, the Committee and Licensing Coordinator read the Council members names to confirm their vote:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Mayor McIver – Yes
The Committee and Licensing Coordinator announced that the motion had passed.
Carried
Reading of By-laws
By-law 2023-07
Being a By-law to Authorize an Agreement with Lance Gibbons for Cleaning and Maintenance Services
By-law 2023-08
Being A By-Law to Authorize a Lease Agreement Between The Stokes Bay Community Centre Group and The Municipality of Northern Bruce Peninsula
By-law 2023-09
Being A By-Law to Authorize a Lease Agreement Between The Bruce Peninsula Society of Artists and The Municipality of Northern Bruce Peninsula
By-law 2023-23
A By-law imposing special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act.
By-law 2023-28
Being a By-law to Authorize an Agreement Between Parks Canada Agency and the Municipality of Northern Bruce Peninsula as it Relates to the Acceptance of Hauled Sewage
By-law 2023-29
A by law to amend the Municipality of Northern Bruce Peninsula By-law 2002-54, as amended (Millar/Barry Z-2023-002)
By-law 2023-31
Being a By-law to Amend By-law No. 2002-54, as Amended, Being the Comprehensive Zoning By-law for the Municipality of Northern Bruce Peninsula As it relates to the Removal of the Holding (H) Zone Provision – Town Plot Bury Pt Lot 89 ES Bury Rd (St. Edmunds); 10 Bay Street South, Municipality of Northern Bruce Peninsula
By-law 2023-34
Being A By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Monday, March 27, 2023
#08-18-2023
Moved by Councillor Aman Sohrab, Seconded by Councillor Todd Dowd
That the listed by-laws be given 1st, 2nd, and 3rd reading, and enacted.
With Councillor Golden attending via Zoom, the Committee and Licensing Coordinator read the Council members names to confirm their vote:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Mayor McIver – Yes
The Committee and Licensing Coordinator announced that the motion had passed.
Carried
Closed Session – Nil.
Reconvene from Closed Session to Resume Council Meeting – Nil.
Adjournment
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#08-19-2023
That the meeting adjourns at 2:40.
With Councillor Golden attending via Zoom, the Committee and Licensing Coordinator read the Council members names to confirm their vote:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Mayor McIver – Yes
The Committee and Licensing Coordinator announced that the motion had passed.
Carried
