Members Present: Mayor – Milt McIver, Deputy Mayor – Rod Anderson, Councillor- Todd Dowd, Councillor – Laurie (Smokey) Golden, Councillor – Aman Sohrab (Via Zoom)
Staff Present: Chief Administrative Officer – Peggy Van Mierlo-West, Clerk – Cathy Addison, Committee/Licensing Coordinator – Lindsay Forbes, Treasurer – Teresa Shearer, Public Works Manager – Troy Cameron, Chief Building Official – Wendy Elliott
Others Present: Bruce County Planner – Megan Stansfield, Planning Consultant – Ron Davidson, Bruce County Director of Corporate Services – Edward Henley, Will Meneray
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 view.
In the absence of the ability to vote by a show of hands, due to Councillor Sohrab attending the meeting via Zoom, in accordance with By-law No. 2021-08, Section 3-64.3 Council votes will be recorded for resolutions presented at electronic Council meetings.
Call to Order and Disclosure of Pecuniary Interest and the General Nature Thereof
Mayor McIver called the meeting to order at 1:16 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
#23-01-2023
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Todd Dowd
That the content of the agenda be approved as presented.
The Clerk proceeded to call and record the votes of Council:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the motion was carried.
Carried
Adoption of the Minutes
Re: Special Council Meeting No. 23-21, August 28, 2023
#23-02-2023
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd
That the minutes of Special Council Meeting No. 23-21, August 28, 2023, be approved as printed and circulated.
The Clerk proceeded to call and record the votes of Council:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the motion was carried.
Carried
Re: Council Meeting No. 23-22, August 28, 2023
Deputy Mayor Anderson noted an amendment on the Resolution of Parks and Facilities Manager Report No. PF 23-10 to remove the following recommendation in response to the discussion held surrounding the report: “That Council approves to proceed with the replacement of the two rooftop HVAC units as per the Municipal Procurement Policy”.
#23-03-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden
That the minutes of Council Meeting No. 23-22, August 28, 2023, be approved as amended.
The Clerk proceeded to call and record the votes of Council:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the motion was carried.
Carried
Public Meeting
Planning Report
Megan Stansfield, Planner
Zoning By-law Amendment Z-2023-061 (Charette c/o Ron Davidson)
Bruce County Planner, Megan Stansfield, appeared in person at the September 11, 2023, Council Meeting.
Megan Stansfield provided an overview of Zoning By-law Amendment Z – 2023-061. The following was noted:
· The approximately 0.45 hectare waterfront property is located in the Hamlet of Pike Bay. The current Commercial zoning was in place to accommodate the previous use on site of a gasoline service station. The gas station reportedly burnt down in 1983. A Scoped Environmental Investigation was completed to address concerns of remnant material from the gas station. The property has since been used as a residential lot.
· This zoning amendment is proposed to facilitate the severance of the lot. The severed and retained lot will each have a dwelling and be serviced by their own septic and well.
· The proposed zoning to facilitate the severance will permit a reduced lot size and reduced setbacks, to permit the existing dwellings on the property. The existing dwelling on the
severed parcel does not meet the front or sideyard setbacks, while the dwelling on the retained parcel does not meet the rear and sideyard setbacks. The Official Plan designates the property as a Hamlet. The Hamlet designation permits the residential use of the property, and encourages growth within Hamlet communities, provided proper services can be supplied. While this proposal is creating a new lot, there is an existing dwelling on each lot already, and therefore is not increasing the density.
· As mentioned, each dwelling has its own septic system and well. The proposed parcels do not meet the minimum lot sizes noted in the County Official Plan, and therefore a Nitrate Assessment was conducted. The calculated Attenuated Nitrogen Concentration for the combined sites was 11.9 mg/L, which exceeds the maximum of 10 mg/L permitted in the County Official Plan. The engineering report notes that this calculation is conservative and doesn’t account for attenuation mechanisms as well as, notes that the dilution from Lake Huron will reduce the concentration as well. While the development is existing, the lots are undersized relative to servicing standards. Planning staff are working with proponents to address potential for intensification / redevelopment and potential impacts to surface water before bringing a recommendation to Council.
· The previous use of this lot as a gas station, constituted the need for an Environmental
Investigation, which identifies any environmental concerns associated with the previous gas station. A Stage 1 and Stage 2 investigation were completed. The Stage 1 reviewed historical documentation, like air photos and environmental reports; the Stage 2 assessment included an investigation of subsurface conditions; groundwater and soil samples were analysed in a lab.
· The report concludes that the potential risks from the previous use of a gas station to the environment are low.
Ron Davidson appeared in person at the September 11, 2023, Council meeting and provided an overview on Zoning By-law Amendment Z-2023-061.
Ron Davidson expanded on the history of the property and noted that it had been used residentially for approximately 40 years, since the gas station burned down. He further expanded on the nitrate study and noted that a recommendation regarding Zoning By-law Amendment Z-2023-061 will be presented to Council once the results of the Nitrate Study are received.
Mayor McIver opened the meeting up to members of the Public at this time.
No inquiries from the public were noted.
Mayor McIver closed the public meeting at this time.
Mayor McIver thanked Megan Stansfield and Ron Davidson for their presentations.
Delegation
Bruce County Director of Corporate Services, Edward Henley
Re: Bruce County Development Charge Presentation
Bruce County Director of Corporate Services, Edward Henley, appeared in person at the September 11, 2023, Council Meeting.
A Bruce County Development Charge (DC) Presentation was displayed for members of Council which provided an overview of the proposed development charges.
The following was noted:
· The County will collect DCs for a number of reasons, including the following:
• Funds needed for growth-related infrastructure
• Service levels will decrease without growth-related improvements.
• The County currently does not have funds to pay for the replacement of existing infrastructure.
· DCs are an alternate revenue source that reduces the need to increase property taxes.
· The Municipality of Northern Bruce Peninsula (MNBP) has more seasonal residences than the rest of Bruce County combined.
· MNBP is a primary growth area within Bruce County.
Following a review of the data contained within the presentation, Edward Henley opened the floor to questions from Council.
Discussion ensued regarding funding for county services within the MNBP such as ambulance and county roads.
Discussion ensued regarding the housing crisis currently observed within the MNBP and the benefits associated with the implementation of DCs by Bruce County.
It was noted that the MNBP should discuss the implementation of DCs at the municipal level.
Discussion ensued regarding the household income of MNBP residents compared to households throughout Bruce County.
Discussion ensued regarding the responsibility of the County Council regarding Asset Management.
Discussion ensued concerning the impact to MNBP residents wishing to build a home following the implementation of DCs at the county level.
It was noted that in relation to Bill 23, affordable homes may be exempt from DCs. However, it was further noted that no definition for affordable homes has been established.
It was noted that the DC By-law will be included on Bruce County Council’s October 5, 2023 Agenda.
Discussion ensued regarding the proposed composition of Development Charges within Bruce County.
It was noted that the areas with the highest development charges have the highest growth.
Mayor McIver thanked Edward Henley for their presentation.
Friends of Cabot Head, Will Meneray
Re: Cabot Head Lighthouse Update
Will Meneray appeared online via Zoom for the September 11, 2023, Council Meeting.
Mayor McIver welcomed Will Meneray to the Council Meeting.
Will Meneray provided an update to Municipal Council regarding the Cabot Head Lighthouse. The following was noted:
· It was noted that several instances of vandalism have occurred at Cabot Head Lighthouse over the last several months.
· The Friends of Cabot Head are requesting access to Cabot Head Road solely to perform repairs and maintenance to the lighthouse.
· The Friends of Cabot Head wish to secure and protect Cabot Head Lighthouse to ensure the viability of a possible long-term plan for the site.
Council supported the request of the Friends of Cabot Head (FOCH) to work with Municipal Staff to utilize Cabot Head Road to repair Cabot Head Lighthouse buildings prior to winter.
Consideration of Agenda Items
1. Public Works Manager Report No. PW 23-25
Re: Renewal of Winter Maintenance Agreement Bruce County By-Law #2018-064
#23-04-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden
That Council receives PW 23-25 report titled Renewal of Winter Maintenance Agreement Bruce County By-Law #2018-064, as information;
And that Council authorizes the extension of the agreement for another five (5) year term to April 30, 2028.
The Clerk proceeded to call and record the votes of Council:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the motion was carried.
Carried
2. Chief Building Official Report No. BD 23-22
Re: Trailer Agreement
Applicant/Owner (s): Mr. Alan Van Haaster
Con 5 EBR Pt Lot 32 RP 3R467 Part 6, 18 Constance Drive, Municipality of Northern Bruce Peninsula, County of Bruce
Assessment Roll No. 41 09 620 006 10305 0000
#23-05-2023
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd
That the Trailer Agreement requested by Mr. Alan Van Haaster for the property legally described as Con 5 EBR Pt Lot 32 RP 3R467 Part 6 (Assessment Roll No. 41 09 620 006 10305 0000) Municipality of Northern Bruce Peninsula be approved, and;
That the owner acknowledges 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 Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the motion was carried.
Carried
3. Chief Building Official Report No. BD 23-23
Re: Trailer Agreement
Applicant/Owner (s): Mr. Gordon Douglas Pettit
Plan 3M129 Pt Lot 35 RP 3R8589 Part 6, 146 Walter Charman Drive, Municipality of Northern Bruce Peninsula, County of Bruce
Assessment Roll No. 41 09 620 005 28335 0000
#23-06-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden
That the Trailer Agreement requested by Mr. Gordon Douglas Pettit for the property legally described as Plan 3M129 Pt Lot 35 RP 3R8589 Part 6 (Assessment Roll No. 41 09 620 005 28335 0000) Municipality of Northern Bruce Peninsula be approved, and;
That the owner acknowledges 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 Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the motion was carried.
Carried
4. Chief Building Official Report No. BD 23-24
Re: Trailer Agreement
Applicant/Owner (s): Mr. Trevor Scott Kriz, Ms. Christine Sandra Leeann Kriz & Mr. Ryan Peter Kriz
Plan M86 Lot 31 Sec M86 PCL 3-1
30 Huron Street, Municipality of Northern Bruce Peninsula, County of Bruce
Assessment Roll No. 41 09 620 001 25900 0000
#23-07-2023
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Laurie (Smokey) Golden
That the Trailer Agreement requested by Mr. Trevor Scott Kriz, Ms. Christine Sandra Leeann Kriz and Mr. Ryan Peter Kriz for the property legally described as Plan M86 Lot 31 Sec M86 PCL 3-1 (Assessment Roll No. 41 09 620 001 25900 0000) Municipality of Northern Bruce Peninsula be approved, and;
That the owner acknowledges 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 Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the motion was carried.
Carried
5. Chief Administrative Officer Report No. CAO 23-16
Re: Cabot Head Road Information
Discussion ensued regarding the need for public input surrounding discussions and planning for Cabot Head Road and lighthouse facility.
It was noted that the Chief Administrative Officer will work with property owners, the Department of Oceans and Fisheries, FOCH and interested parties for a long-term plan for the site.
#23-08-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden
That Council receives the report titled Cabot Head Road for information.
The Clerk proceeded to call and record the votes of Council:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the motion was carried.
Carried
6. Museum Committee Minutes
Re: August 1, 2023, Meeting
#23-09-2023
Moved by Councillor Todd Dowd, Seconded by Deputy Mayor Rod Anderson
That the minutes of Ad Hoc Museum Committee Meeting No. 23-04, August 1, 2023, be approved as printed and circulated.
The Clerk proceeded to call and record the votes of Council:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the motion was carried.
Carried
7. Accounts Payable Voucher
Re: August 2023
#23-10-2023
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Todd Dowd
That Council receives approved Accounts Payable Voucher for August 2023, in the amount of $1,604,311.42.
The Clerk proceeded to call and record the votes of Council:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the motion was carried.
Carried
Other Business – Nil.
Correspondence
1. Grey Sauble Conservation Authority (Information)
Re: Annual General Meeting Minutes
2. Bruce County (Information)
Re: Public Meeting Notice – Development Charges
3. electHer Now (Information)
Re: Hike with a Heroine – Networking Event
4. Anne and Mark McLeod (Information)
Re: Hydro Line Expansion
Council directed the letter to staff for further review.
5. Andrew Munger (Information)
Re: Lack of illegal parking enforcement in Dyers Bay
Council directed the letter to be included in the Bylaw Departments annual report to council, for further discussion.
#23-11-2023
That correspondence items #1-5 be received as information as printed and circulated.
The Clerk proceeded to call and record the votes of Council:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the motion was carried.
Carried
6. Lindsay Road 20 – Ratepayers Association (Direction)
Re: Installation of Wildlife Signs
#23-12-2023
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd
That Council directs Public Works staff to install Wildlife and No Exit signage, for the Lindsay Road 20 Ratepayers Association.
The Clerk proceeded to call and record the votes of Council:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the motion was carried.
Carried
7. Tobermory Trail Race Committee, Bob Miller (Direction)
Re: Tobermory Trail Race Weekend Sept 16-17, 2023
#23-13-2023
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd
That Council supports the requests from Bob Miller regarding the Tobermory Trail Race Weekend, September 16-17, 2023.
The Clerk proceeded to call and record the votes of Council:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the motion was carried.
Carried
Reading of By-laws
By-law 2023-73
Being a By-Law to Assume and Declare a Parcel of Land in the Municipality of Northern Bruce Peninsula as a Public Highway Part of Lot 23 Concession 3 WBR being on Registered Plan 3M-257 – 11 Lots – Trillium Crossing- Phase 3
By-law 2023-74
Being a By-Law to Assume and Declare a Parcel of Land in the Municipality of Northern Bruce Peninsula as a Public Highway Part of Lots 23 and 24 Concession 4 WBR on Registered Plan 3M-263 and Blocks 13 and 14 being on Registered Plan 3M-257 Trillium Crossing Road – Phase 4
By-law 2023- 75
Being a By-Law to Adopt a Memorial Bench and Tree Policy for the Municipality of Northern Bruce Peninsula
By-law 2023-76
Being a By-Law to Authorize a Lease Agreement Between Mary Robbins and the Municipality of Northern Bruce Peninsula
By-law 2023-79
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 11, 2023
#23-14-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden
That the listed by-laws be given 1st, 2nd, and 3rd reading, and enacted.
The Clerk proceeded to call and record the votes of Council:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the motion was carried.
Carried
Closed Session
#23-15-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden
That Council move into closed meeting at 2:50 p.m. pursuant to Section 239(2) of The Municipal Act, 2001, S.O. 2001, as amended, for the following reasons: f) advice that is subject to solicitor client privilege including communications necessary for that purpose (Native Land Claim).
The Clerk proceeded to call and record the votes of Council:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the motion was carried.
Carried
Reconvene from Closed Session to Resume Council Meeting
#23-16-2023
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd
That Council reconvenes from Closed Session at 3:16 p.m. and resumes the Council meeting.
The Clerk proceeded to call and record the votes of Council:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the motion was carried.
Carried
Following Closed Session, Mayor McIver advised that Council received an update from Gregory Stewart, Donnelly Murphy Lawyers Corporation with regards to the Native Land Claims and Council provided direction to the to Mr. Stewart.
Adjournment
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#23-17-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden
That the meeting adjourns at 3:17 p.m.
The Clerk proceeded to call and record the votes of Council:
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the motion was carried.
Carried
