Council Meeting No. 24-11 commenced following the adjournment of Committee of Adjustment No. 24-02.
Members Present: Mayor – Milt McIver, Deputy Mayor – Rod Anderson, Councillor – Todd Dowd, Councillor – Laurie (Smokey) Golden
Members Absent: Councillor – Aman Sohrab
Staff Present: Chief Administrative Officer – Peggy Van Mierlo-West, Clerk – Cathy Addison, Committee/Licensing Coordinator – Lindsay Forbes, Public Works Manager – Troy Cameron, Chief Building Official – Wendy Elliott
Others Present: Bruce County Planner – Megan Stansfield, Steve Levack (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.
Call to Order and Disclosure of Pecuniary Interest and the General Nature Thereof
Following the adjournment of Committee of Adjustment Meeting No. 24-02, Mayor McIver called the Council meeting to order at 1:10 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
#11-01-2024
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd
That the content of the agenda be approved as presented.
Carried
Adoption of the Minutes
Re: Council Meeting No. 24-10, March 25, 2024.
#11-02-2024
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Todd Dowd
That the minutes of Council Meeting No. 24-10, March 25, 2024, be approved as printed and circulated.
Carried
Public Meeting
Bruce County Planner, Megan Stansfield
Re: Zoning By-law – Z-2024-005 (Sommer)
Bruce County Planner, Megan Stansfield, appeared in person at the April 8, 2024, Council Meeting.
Mayor McIver welcomed Megan Stansfield to the meeting.
Megan Stansfield provided an overview of Zoning By-law – Z-2024-005 (Sommer) to Council. The following was noted:
· This zoning by-law is to facilitate the severance of an 8150.84 m2 parcel with a frontage of 33m. The retained parcel will have an area of about 29 ha with a frontage of about 8 m on Bradley Drive. The Zoning By-Law Amendment will permit the reduced minimum frontage for both lots and the undersized retained lot and places a Hold for an Archaeological Assessment.
· The property is zoned General Rural, which permits a residential use, being a single detached dwelling. The proposed retained parcel is currently vacant, while the proposed severed parcel has a recently constructed single detached dwelling and detached accessory building.
· The proposed severed parcel will be approximately 8000 square metres in size and have about 30 metres of frontage on Bradley Drive. The minimum lot size for a non-agricultural use Rural zoned property is 0.5 hectares, however the minimum frontage is 89.9 metres. The severed parcel meets the minimum lot size but not the minimum frontage. The zoning amendment will permit the reduced minimum lot frontage.
· The proposed retained parcel will be approximately 29 hectares with about 8 metres of frontage on Bradley Drive. The minimum lot size of an ‘agricultural use’ Rural lot is 39 ha – forestry is considered an agricultural use – while the minimum frontage is 100 metres. The zoning amendment will permit the undersized lot and a reduced minimum lot frontage. The current use of the property will not be impacted by the slightly reduced size, and Public Works has commented that the 8m access is wide enough for a residential driveway.
· There is a Holding applied to the property for the completion of an archaeological assessment prior to the development of the property.
· The County Official Plan designates the property as Rural and Rural Recreational. The Rural Recreational designation permits the severance of residential lots, provided they meet certain minimum lot sizes and that the new lot is located within reasonable walking distance to public waterfront access. The applicant has noted that there are two waterfront access locations within walking distance of the proposed properties. The proposed severance meets the requirements of the County Official Plan.
· The property is logged plantation forest, and the old logging trails can be seen across the property in the aerial photographs. During a site visit to the property, no natural hazard features were noted, which would impact the severance or development of this property.
· In terms of Natural Heritage, Section 4.3 of the County Official Plan and Section 2.1 of the Provincial Policy Statement outline the features that need to be taken into account, and if
staff are of the opinion that development may negatively impact these features, then an EIS should be provided to prove otherwise. In this case, there are no provincially significant wetlands or Areas of Scientific Interest. The County’s policy regarding Significant Woodlands states that when municipalities have greater than 30% forest cover, an EIS shall only be required for developments that involve the removal of more than 1 ha of forest cover. The uses permitted in the by-law would not result in the removal of more than 1 ha of forest cover. County Staff did not require an EIS to support this application.
Mayor McIver opened the meeting to comments from the public at this time.
No public comments were received.
Mayor McIver thanked Megan Stansfield for her presentation.
#11-03-2024
Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden
Subject to a review of submissions arising from the public meeting:
That Committee approve Zoning By-law Amendment Z-2024-005 by Sommer and the necessary by-law be forwarded to Council for adoption.
Carried
Delegation
Steve Levack
Re: Short-term Accommodation Licence “Grandfathered” Request – 2 Front Street
Steve Levack appeared online via Zoom for the April 8, 2024, Council Meeting.
Mayor McIver welcomed Steve Levack to the Council Meeting.
Mr. Levack noted that he is looking for a one (1) year exemption to the “grandfathering” provision of Short-term Accommodation (STA) By-law 2021-84, as amended, to permit rental of his property of 2 Front Street due to the Commercial Zoning associated with the property.
Mr. Levack noted that a planning application is set to be submitted to the Bruce County Planning Department.
He further noted that the dwelling has been utilized as a rental since the Blue Bay Motel purchased the property in 2019, and that he had previously been informed that an STA Licence was not required for the property.
Committee and Licensing Coordinator, Lindsay Forbes, noted that an application for an STA Licence had been submitted by Mr. Levack, however the proof of previous rental submitted to obtain the “Grandfathering” exemption for properties located within Rural and Commercial Zones was an invoice from the Blue Bay Motel. She further noted that as the rental was being invoiced through the Blue Bay Motel, it did not meet the intent of the Short-term Accommodation Licensing Program, where the property must be a primary residential dwelling.
Mr. Levack noted that as the owner of the dwelling the Blue Bay Motel, the invoice must be issued by the company.
Clerk, Cathy Addison, noted that a Planning Application would first be submitted to the Bruce County Planning Department prior to review by the Municipality.
Mr. Levack noted that the property had been rented consistently since 2019 and that meetings with the Municipal Chief Building Official denoted the need to submit a Planning Application for the long-term objectives of the property.
Discussion ensued regarding the zoning associated with the property as C1-a-b-h.
Committee and Licensing Coordinator, Lindsay Forbes, noted that if Mr. Levack intends to operate the dwelling under the Blue Bay Motel then it cannot be issued a Short-term Accommodation Licence as it does not meet the intent of renting primary residential dwellings.
Chief Building Official, Wendy Elliott, noted that she has met with Mr. Levack and the Bruce County Planners regarding next steps for the Planning Application.
Mr. Levack stated that he wishes to be grandfathered into the STA Licensing Program to permit rentals at the dwelling for the 2024 season.
Discussion ensued regarding a similar STA Licence application in 2022 which required a Zoning Amendment to operate under the umbrella of the company’s business. It was noted that this property did not receive a STA Licence following rezoning and could only operate as a Rental Cottage Establishment, as defined by the Ontario Building Code.
It was noted that more information will be provided to Council following the submission of the Planning Application for 2 Front Street.
Mayor McIver noted that Council will have a better understanding of the request once the planning application is submitted.
Consideration of Agenda Items
1. Public Works Manager Report No. PW 24-09
Re: Contractual Agreement with Parks Canada Agency for Acceptance of Hauled Sewage
#11-04-2024
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Laurie (Smokey) Golden
That Council receives Public Works Department Report PW 24-09 titled Contractual Agreement with Parks Canada Agency for Acceptance of Hauled Sewage, as information; and
That Council supports passage of By-law 2024-21, 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, at its regular meeting of April 8, 2022.
Carried
2. Public Works Manager Report No. PW 24-11
Re: Lion’s Head Sidewalk Tender
Councillor Golden inquired regarding the timeline associated with the repairs to the sidewalks in Tobermory.
Public Works Manager, Troy Cameron, noted that the repairs to the interlock brick are anticipated to begin right away, as communication has occurred with the contractor.
It was noted that the worst sections, located from Highway 6 to the Tobermory Cenotaph will be addressed first for repairs.
#11-05-2024
Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden
That Council receives Public Works Department Report PW 24-11 titled Lion’s Head Sidewalk Tender, and
That Council awards Contract 23-007 C1 – Main Street Lion’s Head Sidewalk Reconstruction and Upgrades Phase #1 to Signature Contractors in the amount of $378,430.00, excluding HST, as per letter of recommendation from GSS Engineering Consultants Ltd.;
And that Council authorizes GSS Engineering Consultants Ltd. to oversee the contract administration and site supervision for this contract.
Carried
3. Public Works Manager Report No. PW 24-12
Re: RFT 221-09004-00 – Judges Creek Bridge Replacement
Public Works Manager, Troy Cameron, provided an overview on Public Works Manager Report No. PW 24-12.
It was noted that the bridges are being replaced with a polymer coated pipe. It was further noted that guardrails and rehabilitation of the site will be incorporated within the bridge replacement projects.
Discussion ensued regarding the cost-benefit associated with single-lane bridges.
Public Works Manager, Tory Cameron, noted that the project will be approximately the same width of the existing bridge. It was noted that the lane width cannot be reduced to the utilization of the infrastructure by farm machinery. It was further noted that the design will not restrict waterflow.
#11-06-2024
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd
That Council receives Public Works Department Report PW 24-12 titled RFT 221-09004-00 – Judges Creek Bridge Replacement, and
That Council awards RFT 221-09004-00 – Judges Creek Bridge Replacement Tender for both Site 1 and Site 2 to Bridge Excavating Ltd. for a Total Tender Price of $1,003,632.10, including HST, as per letter of recommendation from WSP Canada Inc.;
And that Council authorizes WSP Canada Inc. to oversee the contract administration and site supervision for this contract.
Carried
4. Chief Building Official Report No. BD 24-08
Re: Trailer Agreement
Applicant/Owner (s): Ms. Brenda Lee Stewart & Mr. David Lloyd Brown
Con 4 EBR Lot 33, 1155 East Road, Municipality of Northern Bruce Peninsula, County of Bruce
Assessment Roll No. 41 09 660 002 33500 0000
#11-07-2024
Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden
That the Trailer Agreement requested by Ms. Brenda Lee Stewart and Mr. David Lloyd Brown for the property legally described as Con 4 EBR Lot 33 (Assessment Roll No. 41 09 660 002 33500 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.
Carried
5. Clerk Report No. C 24-15
Re: Grey Bruce Detachment Joint Board – Final Implementation Report
Clerk, Cathy Addison, presented a proposed addition to the recommendation which was previously incorporated by the Township of South Gate regarding a standard remuneration rate.
#11-08-2024
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd
Whereas, the Province of Ontario passed the Comprehensive Ontario Police Services Act, 2019 (Bill 68), which established the Community Safety and Policing Act, 2019 (CSPA, 2019), on March 26, 2019; and
Whereas, the Community Safety and Policing Act, 2019 (CSPA, 2019), will be proclaimed on April 1, 2024; and
Whereas the Ministry of the Solicitor General has approved the creation of a joint, Grey Bruce Police Services Detachment Board, governing all municipalities and First Nations communities within the detachment area; and
Whereas the Grey Bruce Detachment Joint Board must be established and formalized prior to the date of proclamation; and
Whereas the Grey Bruce Detachment Joint Board will be composed of an elected official of all participating municipalities and First Nation communities, 4 Community Appointees and 3 Provincial Appointees; and
Whereas the Grey Bruce Detachment Joint Board Community Appointee Selection Committee has recommended, by resolution, the appointment of 4 selected Community Appointees;
Now Therefore, Council hereby supports appointment of the following members to the 4 Community Appointee positions on the Grey Bruce Detachment Joint Board:
1. Michelle Reynolds – Township of Georgian Bluffs
2. Karl Ellis – Township of Southgate
3. Gerry Solursh – Municipality of Northern Bruce Peninsula
4. Nicole Martin – Municipality of Grey Highlands; and
That the same appointments be formalized by by-law of their representing Councils; and
Further, that Council hereby supports the Township of Georgian Bluffs providing administrative support to the Board; and
That Council hereby supports on-boarding a part-time shared staff resource, with costs to be shared evenly amongst the nine participating detachment parties; and
That staff be directed to create and circulate the Joint Board’s 2025 Operating Budget to all participating bodies prior to commencement of 2025 Budget deliberations; and
That Council recommends that the Board consider the establishment of a standard remuneration policy that applies to all members, including municipal Council, community and provincial appointees to ensure consistent, fair, and equitable treatment.
Carried
6. Accounts Payable Voucher
Re: March 2024
#11-09-2024
Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden
That Council receives approved Accounts Payable Voucher for March 2024, in the amount of $4,440,966.95.
Carried
7. Museum Committee
Re: February 6, 2024, Meeting Minutes
#11-10-2024
Moved by Councillor Todd Dowd, Seconded by Deputy Mayor Rod Anderson
That the minutes of Museum Committee Meeting No. 24-02, February 6, 2024, and all actions contained therein be approved as printed and circulated.
Carried
8. Chi Cheemaun Festival Committee
Re: March 20, 2024, Meeting Minutes
#11-11-2024
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Todd Dowd
That the minutes of Chi Cheemaun Festival Committee Meeting No. 24-03, March 20, 2024, and all actions contained therein be approved as printed and circulated.
Carried
Other Business – Nil.
Correspondence
1. Source Water Protection Committee (Information)
Re: November 24, 2023, Meeting Minutes
2. Petition (Information)
Re: Proposed radio communications tower at 75 Lindsay Road 40
3. Kathleen Westlake (Information)
Re: Proposed radio communications tower at 75 Lindsay Road 40
4. Grace Bray (Information)
Re: Proposed radio communications tower at 75 Lindsay Road 40
5. Jessica Rivers (Information)
Re: Proposed radio communications tower at 75 Lindsay Road 40
6. Laura Vanderaa (Information)
Re: Proposed radio communications tower at 75 Lindsay Road 40
7. Resolution – Township of Adelaide Metcalfe (Information)
Re: Request to Increase Tile Drain Loan Limit
8. Resolution – Town of Lincoln (Information)
Re: Request Provincial Government to Support Increasing Funding for Public Libraries and Community Museums
#11-12-2024
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd
That the correspondence items #1-8 be received as information as printed and circulated.
Carried
9. Bruce Peninsula Bird Observatory, Beth Ann Currie (Direction)
Re: Minor Road Maintenance – Cabot Head Road
Councilor Golden inquired regarding information surrounding the long-term objectives of Cabot Head Road
It was noted that Public Works Manager, Troy Cameron, will provide information to Council.
#11-13-2024
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd
That Council directs Public Works Manager, Troy Cameron, to bring a report to Council regarding the Bruce Peninsula Bird Observatory’s request for minor maintenance on Cabot Head Road.
Carried
Reading of By-laws
By-law 2024-21
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 2024-25
Being A By-Law to Establish and Appoint Members to a Municipal Drainage Committee for the Municipality of Northern Bruce Peninsula
By-law 2024-30
Being A By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Monday, April 8, 2024
#11-14-2024
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.
Carried
Closed Session
#11-15-2024
Moved by Councillor Todd Dowd, Seconded by Deputy Mayor Rod Anderson
That Council move into closed meeting at 2:01 p.m. pursuant to Section 239 (2) of The Municipal Act, 2001, as amended, for the following reasons: (b) personal matters about an identifiable individual including municipal or local board members; (Personnel – Human Resources Issues) and f) advice that is subject to solicitor client privilege including communications necessary for that purpose (Tower Proposal Consultation).
Carried
Reconvene from Closed Session to Resume Council Meeting
#11-16-2024
Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden
That Council reconvenes from Closed Session at 2:46 p.m. and resumes the Council meeting.
Carried
Following Closed Session, Mayor McIver advised that Council approved the minutes of February 5, 2024, Closed Session meeting, Council directed the CAO to investigate the human resources issues and the tower proposal consultation.
Adjournment
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#11-17-2024
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd
That the meeting adjourns at 2:47 p.m.
Carried
Original signed by Mayor, Milt McIver and Clerk, Cathy Addison
