Municipality of Northern Bruce Peninsula Council Meeting Minutes February 26, 2024

754

Members Present: Deputy Mayor – Rod Anderson, Councillor – Todd Dowd, Councillor – Laurie (Smokey) Golden, Councillor – Aman Sohrab (Zoom)

Members Absent: Mayor – Milt McIver, Chief Administrative Officer- Peggy Van Mierlo-West 

Staff Present: Clerk – Cathy Addison, Committee/Licensing Coordinator – Lindsay Forbes, Treasurer – Teresa Shearer, GIS/IT Manager – Kara Smith, Chief Building Official – Wendy Elliott, Parks and Facilities Manager – Mark Coleman

Others Present: Bruce County Planner – Megan Stansfield, Planning Consultant – Ron Davidson (Zoom), Charlie Anderson, Dr. Laura Vanderaa (Zoom), Sheena Symington (Zoom), Dr. Magda Havas (Zoom) 

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.

Note: In the absence of the ability to vote by a show of hands, in accordance with By-law No. 2023-89, Part III – Meetings, Section 64.3, Committee votes will be recorded for resolutions presented at electronic Committee meetings. 

Call to Order and Disclosure of Pecuniary Interest and the General Nature Thereof

Following the adjournment of Committee of Adjustment Meeting No. 24-01, Deputy Mayor Anderson called the meeting to order at 1:12 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 noted the following, “While I do not have a pecuniary interest, to avoid the perception of conflict, I will not comment on, or vote on any action, pertaining to Correspondence items 6 & 7 as it involves property owned by a sibling of mine”.

Approval of the Agenda

#08-01-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

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

The Clerk announced that the motion was carried.

Carried

Adoption of the Minutes

Re: Special Council Meeting No. 24-06, February 12, 2024.

#08-02-2024

Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Todd Dowd

That the minutes of Council Meeting No. 24-06, February 12, 2024, 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

The Clerk announced that the motion was carried.

Carried

Re: Council Meeting No. 24-07, February 12, 2024.

#08-03-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That the minutes of Council Meeting No. 24-07, February 12, 2024, 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

The Clerk announced that the motion was carried.

Carried

Public Meeting

Bruce County Planner, Megan Stansfield

Re: Zoning By-law Amendment Z-2024-001 (Hicks c/o Davidson) 

Bruce County Planner, Megan Stansfield, appeared in person at the February 26, 2024, Council Meeting.

Deputy Mayor, Rod Anderson, welcomed Megan Stansfield to the meeting.

Megan Stansfield provided an overview of Zoning By-law Amendment Z-2024-001 (Hicks c/o Davidson), the following was noted; 

– This application proposes to sever 11.47 hectares of farmland and merge this parcel with an abutting lot to create a 51.88 hectare farm; and, to retain a 26.36 hectare farm lot. No new lot will be created as a result of this lot line adjustment. This application further proposes to amend the Municipality of Northern Bruce Peninsula Zoning By-Law by reducing the minimum lot area requirement of the RU1 zone from 39 hectares to 26.36 hectares as required to facilitate the severance.

– This zoning by-law amendment is to permit an agricultural lot with a minimum lot area of 26.3 hectares. The zoning by-law requires a minimum lot area of 39 hectares for agricultural lots. The proposed amendment facilitates the severance/lot addition of an approximately 11.5 ha portion of the property at 512 They Bury Road, and addition to the adjacent parcel. The resulting retained parcel will be 26.3 ha and, as demonstrated in the Planning Justification Report, the lot area is sufficient for the current and future use of the property, as a horse farm.

– The property is designated as Rural and Agricultural in the County Official Plan. The agricultural consent policies apply in this case and the provisions for a severance require that the severed and retained parcels are generally 40 hectares in size. The Official Plan allows for smaller lots provided that:

1. the severed and retained will be used for agriculture;

2. similar sized lots are unavailable within a 25km radius; and,

3. the size of each lot is suitable for the intended agricultural use.

– The Planning Justification Report details how the proposed retained lot still meets these requirements. In general, 

1. the proposed retained lot is an established horse farm, which operates on a portion of the land, while the severed lot will continue use as a cropped field.

2. The retained 26 ha will be sufficient for the use of a horse farm and it is unreasonable to assume that the operation could be moved to a different parcel, even if one was available.

3. The retained horse farm is of sufficient size – the lot is generally larger than the average horse farm. The proposed severed parcel is not integral to the operation of the farm. The lands are currently being rented to the neighbour. This proposed amendment is not creating any new lots within the Agricultural designation, it is only re-aligning property boundaries to better fit the current and intended agricultural uses of the properties.

Planning Consultant, Ron Davidson, appeared via Zoom for the February 26, 2024, Council Meeting, and provided a brief overview of the information contained within the Planning Justification Report. 

Deputy Mayor Anderson opened the public meeting at this time. 

No public comments were received at this time. 

Deputy Mayor Anderson thanked Megan Stansfield for her presentation. 

#08-04-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden

That Council approve Zoning By-law Amendment Z-2024-001 by Hicks and the necessary by-law be forwarded to Council for adoption. 

The Clerk proceeded to call and record the votes of Council:

Councillor Dowd Yes

Councillor Golden Yes

Councillor Sohrab Yes

Deputy Mayor Anderson Yes

The Clerk announced that the motion was carried.

Carried

Delegation

Charlie Anderson

Re: Proposed radiocommunication tower at 75 Lindsay Road 40

Charlie Anderson appeared in person at the February 26, 2024, Council Meeting. 

Deputy Mayor Anderson welcomed Charlie Anderson to the meeting. 

A PowerPoint Presentation created by Charlie Anderson was presented to Council regarding the Proposed radiocommunication tower at 75 Lindsay Road 40. 

Information contained within the presentation outlined the following; 

· Insufficient public consultation process

· Lack of meaningful public consultation

· Lack of justification for development

· Impairment of the natural and cultural heritage features of Dyers Bay

· Health and Safety unknowns 

Mrs. Anderson asked for a member of Council to make a motion to vote for non-concurrence due to the insufficient public consultation process regarding the proposed radiocommunication tower. 

Deputy Mayor Anderson thanked Charlie Anderson for her presentation.

Deputy Mayor Anderson, noted that legal consultation is being obtained.

Councillor Golden further noted that the Municipality of Northern Bruce Peninsula is solely a commenting agency regarding the proposed project.

Dr. Laura Vanderaa, Sheena Symington and Dr. Magda Havas (Zoom)

Re: Creating a low RF zone in the Dyers Bay area

Dr. Laura Vanderaa, Sheena Symington and Dr. Magda Havas appeared via Zoom at the February 26, 2024, Council meeting. 

Deputy Mayor Anderson welcomed Dr. Laura Vanderaa, Sheena Symington and Dr. Magda Havas to the meeting. 

A presentation was provided to Council regarding the benefits of a low radio frequency community. 

Several links to resources were contained within the presentation regarding electromagnetic injury and the corresponding human health effects of radio frequency radiation. 

The benefits associated with the establishment of a low radio frequency area were presented to Council. The following was noted;

· They provide choice which equates to accessibility and connectivity for all

· They provide digital detox opportunities which can result in increased tourism

· They provide a safe area for young families 

· They provide a safe haven for plants and animals

Technologies which facilitate connectivity within a low radio frequency zone were noted as follows; 

· Fibre Optics

· Starlink 

· Wireless boosters for residents who desire wireless technology in their homes

· VOIP

· Wifi calling

· Satellite phones

· Cell boosters

Committee and Licensing Coordinator, Lindsay Forbes, left the meeting at 1:45 p.m.

An overview of the proposed location for the low radio frequency area was presented to Council.

Committee and Licensing Coordinator, Lindsay Forbes, returned to the meeting at 1:49 p.m.

It was noted that the proposed location encompasses a community outside of Dyers Bay, commencing at Crane Lake Road and extending to the end of Lindsay Road 40. 

Deputy Mayor Anderson thanked Dr. Laura Vanderaa, Sheena Symington and Dr. Magda Havas, for their presentation. 

It was noted that Health Canada should be contacted regarding this request as it appears outside the scope of local government. 

Sheena Symington noted that she would offer her assistance regarding the creation of a low radio frequency zone. 

Consideration of Agenda Items

1. Chief Building Official Report No. BD 24-03

Re: No Demand for Services Site Plan Control Agreement

Owner: Mr. Sean Charles Skinkle

Town Plot Bury WBR Pt Lot 6 RP 3R173 Part 17, 43 China Cove Road

Assessment Roll No. 4109-680-004-11514-0000

Property Identifier Number (PIN): 33100-0152(LT)

#08-05-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That, registration of a No Demand for Services Site Plan Control Agreement requested by Mr. Sean Charles Skinkle, owner of the property legally described as Town Plot Bury WBR Pt Lot 6 RP 3R173 Part 17 and located at 43 China Cove Road, Municipality of Northern Bruce Peninsula be approved.

The Clerk proceeded to call and record the votes of Council:

Councillor Dowd Yes

Councillor Golden Yes

Councillor Sohrab Yes

Deputy Mayor Anderson Yes

The Clerk announced that the motion was carried.

Carried

2. Chief Building Official Report No. BD 24-04

Re: Lift Holding (H) Zone

Owner: Mr. Sean Charles Skinkle

Town Plot Bury WBR Pt Lot 6 RP 3R173 Part 17, 43 China Cove Road

Assessment Roll No. 4109-680-004-11514-0000

#08-06-2024

Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Todd Dowd

That the removal of the Holding “H” zone requested by Mr. Sean Charles Skinkle of the property legally described as Town Plot Bury WBR Pt Lot 6 RP 3R173 Part 17 (St. Edmunds);43 China Cove Road, Municipality of Northern Bruce Peninsula be approved, and;

The passage of By-law No. 2024-18 being a by-law to lift the Holding “H” zone, at its Council meeting on Monday March 11, 2024.

The Clerk proceeded to call and record the votes of Council:

Councillor Dowd Yes

Councillor Golden Yes

Councillor Sohrab Yes

Deputy Mayor Anderson Yes

The Clerk announced that the motion was carried.

Carried

3. Parks and Facilities Manager Report No. PF 24-03

Re: Grant Funding Applications

Discussion ensued regarding the submission of a grant application for the Tobermory Meeting Place in light of the outstanding Council review of the property concerning long-term objectives. 

Discussion ensued regarding the grant funding application process and associated timelines for the Ontario Trillium Foundation.

#08-07-2024

Moved by Councillor Aman Sohrab, Seconded by Councillor Laurie (Smokey) Golden

That Council receives Parks and Facilities Report PF 24-03 regarding Grant Funding Applications as information; and

That Council concurs with the noted funding applications. 

The Clerk proceeded to call and record the votes of Council:

Councillor Dowd Yes

Councillor Golden Yes

Councillor Sohrab Yes

Deputy Mayor Anderson Yes

The Clerk announced that the motion was carried.

Carried

4. Chief Administrative Officer Report No. 24-07

Re: Municipal Accommodation Tax Proposed Amendments

Discussion ensued regarding the proposed amendments to the Municipal Accommodation Tax program. 

It was noted that the Town of South Bruce Peninsula initially implemented the Municipal Accommodation Tax on all accommodation providers. 

Discussion ensued regarding the exemption of campgrounds and amending the proposed effective date of the program to facilitate education for accommodation owners regarding the remittance requirement. 

Discussion ensued regarding the implementation of a year-round Municipal Accommodation Tax or a seasonal implementation for the proposed accommodation providers. 

A breakdown of the estimated revenue from the proposed expansion of the Municipal Accommodation Tax was requested by Council. 

Discussion ensued regarding a reduction of the Municipal Accommodation Tax to 2% for accommodations captured within the proposed expansion of the Municipal Accommodation Tax Program. 

#08-08-2024

Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Aman Sohrab

That Council receives the report titled Municipal Accommodation Tax Proposed Amendments for discussion, and;

That Council supports the expansion of the Municipal Accommodation Tax to include hotels, motels, hostels, boarding house, lodge, cabin, Inn, resort, lodging or room house, bed and breakfast, or other establishments providing lodging, or in all or part of a dwelling; and

That campgrounds and marinas will be exempt from the Municipal Accommodation Tax; and 

That Staff will bring a report back to Council with further information pertaining to an effective date of January 1, 2025, for the expansion of the Municipal Accommodation Tax Program with a possible remittance amount reduced to 2% for this expansion to the March 11, 2024, 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

The Clerk announced that the motion was carried.

Carried

5. Accounts Payable Voucher 

Re: December 2023

Clarification was provided by the Treasurer regarding payments for the Discovery Pass and the Second Dwellers Refund.

Discussion ensued regarding the $40,408.80 paid to Salter Pilon Architecture for the Lion’s Head Arena Project in December 2023. 

It was noted that Salter Pilon Architecture issue bills as work is ongoing. 

#08-09-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That Council receives approved Accounts Payable Voucher for December 2023, in the amount of $4,360,996.26.

The Clerk proceeded to call and record the votes of Council:

Councillor Dowd Yes

Councillor Golden Yes

Councillor Sohrab Yes

Deputy Mayor Anderson Yes

The Clerk announced that the motion was carried.

Carried

6. Accounts Payable Voucher 

Re: January 2024

#08-10-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That Council receives approved Accounts Payable Voucher for January 2024, in the amount of $3,443,486.50.

The Clerk proceeded to call and record the votes of Council:

Councillor Dowd Yes

Councillor Golden Yes

Councillor Sohrab Yes

Deputy Mayor Anderson Yes

The Clerk announced that the motion was carried.

Carried

7. Climate Action and Waste Diversion Committee

Re: Information requested regarding December 14, 2023, Climate Action and Waste Diversion Committee Minutes Climate Lens Policy – Accepted by Council on May 9, 2022 – Resolution No. 13-02-2022

#08-11-2024

Moved by Councillor Aman Sohrab, Seconded by Councillor Todd Dowd

That Council receives Agenda Item #7 Climate Action and Waste Diversion Committee Re: Information requested regarding December 14, 2023, Climate Action and Waste Diversion Committee Minutes Climate Lens Policy – Accepted by Council on May 9, 2022 – Resolution No. 13-02-2022, as 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

The Clerk announced that the motion was carried.

Carried

Other Business – Nil.

Correspondence

1. Household Hazardous Waste Collection Program (Information)

Re: 2024 Event Schedule

2. Cleanfarms (Information)

Re: Funding Expiring for Cleanfarms Agricultural Plastics Recovery Project in Bruce County

3. Dan Cuff (Information)

Re: Short-term Rentals

4. Kendra Platt and John Hudson (Information)

Re: Amendments to the STA Program regarding minimum night stays

5. Ministry of Transportation (Information)

Re: Licence Plate Renewal 

6. Bob Blackburn (Information)

Re: Response to CAO

Having declared a pecuniary interest, Councillor Golden did not participate in this portion of the meeting.

7. Brent Robins (Information)

Re: The Gap

#08-12-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That correspondence items # 6 and #7 be received as information as printed and circulated.

The Clerk proceeded to call and record the votes of Council:

Councillor Dowd Yes

Councillor Sohrab Yes

Deputy Mayor Anderson Yes

The Clerk announced that the motion was carried.

Carried

8. Resolution – Multi-Municipal Energy Working Group (Information)

Re: Wind Turbine Projects

Councillor Golden returned to the meeting at this time.

9. Resolution – Township of Ramara (Information)

Re: Request for Province of Ontario and AMO Social and Economic Prosperity Review to Promote the Stability and Sustainability of Municipal Finances

10. Resolution – Town of Petrolia (Information)

Re: Return to combined ROMA and OGRA Conferences

#08-13-2024

Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Todd Dowd

That the correspondence items #1-5 and 8, 9, and 10 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

The Clerk announced that the motion was carried.

Carried

Reading of By-laws

By-law 2024-10

Being A By-Law to Establish and Appoint Members to an Ad Hoc Museum Committee for the Municipality of Northern Bruce Peninsula

By-law 2024-13

Being a By-law for a Service Agreement between Top Defence Security and the Municipality of Northern Bruce Peninsula

By-law 2024-14

Being a By-Law to Authorize the Closure and Conveyance of Unopened Road Allowance known as Part 3, Part 6, and Part 8 on Registered Plan 3M-199 and Plan 3R-10663 Part of Greenough Point Road (former Lindsay Township) PIN 33114-0360 (LT) Municipality of Northern Bruce Peninsula

By-law 2024-19

Being A By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Monday, February 26, 2024

#08-14-2024

Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Todd Dowd

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

The Clerk announced that the motion was carried.

Carried

Closed Session – Nil.

Adjournment

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#08-15-2024

Moved by Councillor Todd Dowd,
Seconded by Councillor Laurie (Smokey) Golden

That the meeting adjourns at 2:55 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

The Clerk announced that the motion was carried.

Carried