Municipality of Northern Bruce Peninsula Council Meeting Minutes April 22, 2024

186

Council Meeting No. 24-12 commenced following the adjournment of Source Protection Authority Committee Meeting No. 24-01. 

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

Members Absent: Mayor – Milt McIver, Councillor – Aman Sohrab

Staff Present: Clerk – Cathy Addison, Committee/Licensing Coordinator – Lindsay Forbes, Treasurer – Teresa Shearer, Chief Building Official – Wendy Elliott, Bylaw Enforcement Officer – Carol Hopkins

Others Present: Shared Tower, Senior Planning Manager – Cheyenne Zierler, Lion’s Head Pickle Ball Club – Mark Prieur 

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

Mayor Deputy Mayor Anderson called the 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

#12-01-2024

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

That the content of the agenda be approved as presented.

Carried

Adoption of the Minutes

Re: Council Meeting No. 24-11, April 8, 2024

#12-02-2024

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

That the minutes of Council Meeting No. 24-11, April 8, 2024, be approved as printed and circulated.

Carried

Public Meeting – Nil.

Delegation

Shared Tower – Senior Planning Manager, Cheyenne Zierler

Re: Proposed Telecommunication Tower 

Cheyenne Zierler appeared in person at the April 22, 2024, Council Meeting.

Deputy Mayor Anderson welcomed Cheyenne Zierler to the meeting. 

Cheyenne Zierler provided an overview of her presentation surrounding the proposed telecommunication tower. 

An overview of the Innovation, Science, and Economic Development Canada (ISED) protocol surrounding Towers and antenna installations was presented to Council.

An overview of the ISED Public Consultation protocol was provided to Council. It was noted that information packages were sent to mailing addresses within three (3) times the height of the proposed tower, an advertisement was placed in the Bruce Peninsula Press, and that a 30 day commenting period, with a subsequent 21 day response period was completed. 

It was noted that both the commenting and response periods were extended due to the presence of the holidays within the previous timeline. 

An overview of the proposed wireless network, as well as an overview of projects previously completed in South Bruce Peninsula and Northern Bruce Peninsula surrounding the construction of telecommunication towers was provided to Council.

Safety Code 6 of Health Canada’s Radiofrequency Exposure Guidelines was presented to Council. It was noted that the proposed tower emit a fraction of the allowable Safety Code 6 limit of Radiofrequency (RF) Energy. 

It was further noted that if Safety Code 6 is adjusted, all tower sites are adjusted accordingly to ensure compliance with Safety Code 6. 

Cheyenne Zierler noted that the application for the proposed telecommunication tower at 75 Lindsay Road 40 has followed the default ISED protocol for consultation requirements. 

It was noted that 23 comments were received on the proposed project relating to health and safety, existing infrastructure, required setbacks, relevant stakeholder comments, and dark sky preservation. 

It was further noted that 62 letters of supports were received regarding the proposed project.

Cheyenne Zierler commented that a National Service provider has confirmed that they will be co-locating on the tower. 

It was noted that the tower will service residents, businesses, emergency services, visitors, and aid in providing continuous wireless network to the area by aiding existing towers in optimizing their service areas. 

It was noted that existing infrastructure is over 10 km away. 

Deputy Mayor Anderson opened the delegation to questions from Council at this time. 

Councillor Dowd inquired regarding how 75 Lindsay Road 40 was selected as the site for the proposed project.

Cheyenne Zierler noted that the site selection process began in 2022 following the evaluation of municipal property located in Dyers Bay. She further noted that due to the size of the project, the municipal land was not suitable and Shared Tower approached private landowners where land was sufficient in size, retained a location suitable for existing service providers, and where the construction of a tower would not impede the existing utilization of the land.

Councillor Dowd inquired regarding the potential utilization of public works towers.

Cheyenne Zierler noted that these towers would need to be completely re-engineered and rebuilt to permit the infrastructure to facilitate telecommunications. She further noted that the existing Shouldice Lake Road tower would not be suitable to be re-engineered as it is closer to existing infrastructure and will limit the range for other service providers. 

It was noted that the proposed tower poses a potential issue regarding the servicing of Dyers Bay residents due to the proximity to the escarpment. Cheyenne Zierler noted that the tower could service small cellular devices. 

Councillor Dowd inquired if the coverage of existing towers could be expanded. 

Cheyenne Zierler noted that all existing infrastructure is near their maximum allowable height.

Discussion ensued regarding an error contained within the study submitted by Shared Tower surrounding the location of the proposed tower. 

Cheyenne Zierler noted that the coordinates are correct, however the address will be updated accordingly. 

Councillor Golden inquired regarding the public consultation process. 

Cheyenne Zierler noted that ISED protocol was followed in that information packages were sent by registered mail to the mailing address of all property owners within a radius of three (3) times the height of the proposed tower. 

Discussion ensued regarding the map contained within the April 22, 2024, Council presentation from Shared Tower. 

Cheyenne Zierler noted that the blue marker is a default on the radius software which can be adjusted by the user creating the map.

Discussion ensued regarding the anticipated coverage from the proposed telecommunications tower. 

Cheyenne Zierler noted that the range and intensity of coverage can be increased with the utilization of existing infrastructure.

Councillor Golden inquired regarding the issuance of coverage maps within the public consultation process. 

Cheyenne Zierler noted that coverage will vary depending on where residents are located

Councillor Golden inquired as to why the Municipality is listed as the Land Use Authority when Council is only permitted to vote concurrence or non-concurrence to the public consultation process. 

Cheyenne Zierler noted that, following ISED protocol, the public consultation must be done through the Land Use Authority to receive the mailing addresses of residents within the required notification radius and to confirm if the public consultation process has been completed. It was noted that Shared Towers wants to be transparent and address the relevant concerns surrounding timelines. It was further noted that providing information and being transparent surrounding questions and concerns regarding the proposed telecommunications tower is the purpose of the Land Use Authority.

Deputy Mayor Anderson inquired regarding the number of letters submitted regarding concern surrounding the construction of the proposed tower. 

Cheyenne Zierler noted that 23 comments were received on the proposed project relating to health and safety, existing infrastructure, required setbacks, relevant stakeholder comments, and dark sky preservation. 

Deputy Mayor Anderson thanked Cheyenne Zierler for her presentation.

Mark Prieur 

Re: Pickleball Tournament

Mark Prieur appeared in person at the April 22, 2024, Council Meeting.

Deputy Mayor Anderson welcomed Mark Prieur to the meeting. 

An overview of the history of the Lion’s Head Pickleball Club was presented to Council. 

The Lion’s Head Pickleball Club requested that the Municipality waive rental fee and parking fees for the Lion’s Head Arena for a Pickleball Tournament on June 1-2, 2024. 

It was noted that 30 teams have already registered for the tournament and that the Lion’s Head Pickleball Club anticipates more registrations. 

It was noted that the proceeds generated from the tournament will be donated to several local charities.

Discussion ensued surrounding the requests from the Lion’s Head Pickleball Club.

It was noted that Council will waive the fees associated with the utilization of the facility, however, the request to waive the fees associated within parking at the facility were denied. 

Municipal Law Enforcement Officer, Carol Hopkins, noted that the cost to park at the Lion’s Head Arena is $3 per hour to a maximum of $15 per day.

Deputy Mayor Anderson thanked Mark Prieur for his presentation. 

#12-03-2024

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

That Council approves the Lion’s Head Pickleball Tournament scheduled for June 1-2, 2024, at the Lion’s Head Community Centre and waives the applicable fees for the facility use for the 2 day event.

Carried

Consideration of Agenda Items

1. Chief Building Official Report No. BD 24-09

Re: Partial No Demand for Services Site Plan Control Agreement

Owners: Mr. Gene Hopton Mackenzie & Ms. Laural Leigh Hall

Con 11 EBR Pt Lot 13 RP 3R5355 Part 2, 237 Rush Cove Road

Assessment Roll No. 4109-620-009-09005-0000

Property Identifier Number (PIN): 33121-00268 (LT)

#12-04-2024

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

That, the negotiation, and registration of a No Demand for Services Site Plan Control Agreement requested by Mr. Gene Hopton Mackenzie & Ms. Laural Leigh Hall, owners of the property legally described as Con 11 EBR Pt Lot 13 RP 3R5355 Part 2 and located at 237 Rush Cove Road, Municipality of Northern Bruce Peninsula be approved.

Carried

2. Chief Building Official Report No. BD 24-10

Re: Proposed Cell Tower –
75 Lindsay Rd 40

Deputy Mayor Anderson expressed concern with the absence of Mayor McIver and Councillor Sohrab with regard to Chief Building Official Report No. BD 24-10 Re: Proposed Cell Tower – 75 Lindsay Rd 40. He further stated that the report should be deferred until the May 13, 2024, Council Meeting when all Council members are present. The Council members present at today’s meeting agreed with a deferral.

Councillor Golden commented on the public consultation process which was conducted by Shared Tower. It was noted that proper public consultation is required regarding projects such as the proposed cell tower at 75 Lindsay Road 40. 

Councillor Golden noted that following a review of the previous public consultation process the process should be re-started and that she will be voting non-concurrence surrounding the current proposal.

Councillor Dowd stated that Council is overwhelmed with information surrounding the proposed cell tower for 75 Lindsay Road 40, including duplicate and false information. 

Councillor Dowd noted that Council remains unbiased surrounding the proposed project and that it would be wise to restart the public consultation process as it would be in the best interest for everyone.

#12-05-2024

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd

That Council receives BD Report 24-10, entitled “Proposed Cell Tower – 75 Lindsay Rd 40”, and

That Council provides direction for concurrence or non-concurrence for this proposal, and

That a copy of Council’s decision be provided to Innovation, Science and Economic Development Canada (ISED).

Deferred

3. Municipal Law Enforcement Officer Report No. MLEO 24-03

Re: Software Licence Agreement between ParkPass Inc. and the Municipality of Northern Bruce Peninsula 

#12-06-2024

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

That Council receives the Municipal Law Enforcement Officers report MLEO 24-03, Software Licence Agreement between ParkPass Inc. and the Municipality of Northern Bruce Peninsula.

That Council executes a Software Licence Agreement with ParkPass Inc. May 5th, 2024, and expiring May 4th, 2026 (2-year term).

And that Council consider passage of the enacting By-law No. 2024-29 Being a By-Law to Authorize a Software Licence Agreement between ParkPass Inc. and the Municipality of Northern Bruce Peninsula at its regular meeting on Monday May 13, 2024.

Carried

4. Treasurer Report No. TR 24-10

Re: Application for Tile Loan – 2748304 Ontario Inc.

Application for Tile Loan – 1000423165 Ontario Inc.

#12-07-2024

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

That Council receives Treasurer’s report TR24-10 regarding two tile loan applications submitted by 2748304 Ontario Inc. and 1000423165 Ontario Inc.; and

That Council approves the loan applications pending funding from OMAFRA; and

That By-law 2024-34 and By-law 2024-35, being by-laws imposing special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act, be considered, and approved for passage on May 13, 2024.

Carried

5. Treasurer Report No. TR 24-11

Re: Audit Planning Letter

#12-08-2024

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

That Council receives the Audit Planning Report from BDO Canada LLP that contains their engagement letter and outlines their plans for completing the 2023 external audit.

Carried

6. Clerk Report No. C 24-16

Re: File Number – B/R/2022-2023/515

Applicant/Owners: Simon and Connie Goulding

Location: Part Lots 49 and 50, Concession 2 EBR

No 911 number as off Maple Golf Cres.

Municipality of Northern Bruce Peninsula (St. Edmunds), County of Bruce

ROLL: 410968000618602

Clarification was provided surrounding the utilization of an existing laneway to access the property.

#12-09-2024

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

That Council directs staff to submit the Municipality’s comments to the Niagara Escarpment Commission (NEC), regarding the Development Permit application submitted by the owners, Simon and Connie Goulding, for Part Lots 49 and 50,

Concession 2 EBR, Municipality of Northern Bruce Peninsula (St. Edmunds), County of Bruce is seeking approval to undertake the following on a vacant lot 5.6 ha (14 acre) lot and preform following work:

• Construct a 3 storey ± 405 sq m (4,360 sq ft) single dwelling including an attached garage, having a maximum height of ± 10.7 m (35 ft);

• Install a 182 m (597 ft) long wide gravel driveway having a maximum cleared width of 12 m (39.4 ft) and requiring the importation of ± 1,400 cu m of fill;

• Install a private sewage disposal system;

• Install a well; and

• Tree removal as needed for a ± 0.22 ha (0.54 ac) building envelope. And that the Senior Management reviewed the request for comments and noted the following be provided:

1. Based on NFPA 1147 Standard for Fire Protection Infrastructure for Land Development in Wildland, Rural, and Suburban Areas the following conditions apply:

The length of the roadway into the property is greater than 91 meters (300 feet). Due to the length of the roadway a turnaround shall be provided having no less than a 120 ft (36.6 m) outside diameter as per the provisions in National Fire Protection Association (NFPA) Standard, 1147 Standard for Fire Protection Infrastructure for Land Development in Wildland, Rural, and Suburban Areas. 5.2.17.1 Every dead-end roadway more than 300 ft (91 m) in length shall be provided at the closed end with a turnaround having no less than a 120 ft (36.6 m) outside diameter of the traveled way.

2. Need to apply for two 911 numbers from the municipality (one for the entrance at private driveway off Maple Gold Crescent and one where the new private driveway will be established;

3. The maximum building height exceeds the 10 metre as per the zoning bylaw;

4. A legal easement registered for access to the property is required.

Carried

7. Clerk Report No. C 24-17

Re: Community Member Appointment for the Grey Bruce Detachment Board 

Councillor Golden commented surrounding the appointment of a public representative process for the Grey Bruce Detachment Board. 

It was noted that only 4 public representative positions were available for a two (2) year term on the Grey Bruce Detachment Board.

#12-10-2024

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

That Council receives Staff Report C 24-17, entitled Community Member Appointment for the Grey Bruce Detachment Joint Board, and

That Council approves By-law No. 2024-31, Being a By-law to Appoint the Community Member to the Grey Bruce Detachment Joint Board – Gerry Solursh – Municipality of Northern Bruce Peninsula, at the May 13th, 2024, regular Council meeting.

Carried

8. Clerk Report No. C 24-18

Re: Owner: Chad Ziolkoski

Agent: Ron Davidson Land Use Planning Consultants Inc.

File: B-2023-097 and Z-2023-092

Property Address: 193 Tamarac Road

Plan D12 Units 9 and 10 (Geographic Township of Eastnor), Municipality of Northern Bruce Peninsula

Roll Numbers: 410962000532500 and 410962000532600

#12-11-2024

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

That Council directs staff to submit to the County of Bruce Planning and Economic Development Department, the Municipality’s position of no objection to a severance submitted by the agent, Ron Davidson Land Use Planning Consultant, on behalf of the owner, Chad Ziolkoski, for property legally described as 193 Tamarac Road, Plan D12, Units 9 and 10 (former Eastnor Township), Municipality of Northern Bruce Peninsula; and

That Council approves the imposition of conditions of granting of consent as follows:

1. That the owner enter into an Agreement with the Municipality, if deemed necessary by the Municipality of Northern Bruce Peninsula to satisfy all the requirements, financial or otherwise of the Municipality, which may include, but shall not be limited to, the provision of parkland (or cash-in-lieu of land), roads, installation of services, facilities, drainage and the timing and payment of a development charge.

2. That a Reference Plan (survey that is registered) be completed and a copy filed with the Municipal Clerk and a digital copy (preferred) or a hard copy be filed with the Approval Authority, or an exemption from the Reference Plan be received from the Approval Authority.

3. That the Municipality provide written confirmation to the Approval Authority that the municipal conditions as imposed herein have been fulfilled.

4. That, pursuant to Section 53(42) of the Planning Act, the ‘Certificate of Consent’ be affixed to the deed within two years of the giving of the Notice of Decision. (Note: Section 53(43) of the Planning Act requires that the transaction approved by this consent must be carried out within two years of the issuance of the certificate (i.e., Stamping of the deed)).

5. That the applicant pays the applicable County of Bruce consent certification fee at the time of certification of the deeds.

6. That the Clerk of the Municipality provide written confirmation to the Approval Authority that Zoning By-law Amendment File Z-2023 092 is in force and effect.

7. The detached accessory building on the severed lot must be removed to the satisfaction of the Chief Building Official.

8. That the owner provides an Archaeological Assessment that has included engagement with the Saugeen Ojibway Nation in accordance with its process and standards, has been completed by an archaeologist licensed in the province of Ontario and has been confirmed by the appropriate Ministry to have been accepted into the Ontario Public Register of Archaeological Reports; and

9. That the owner satisfies the approval authority that recommendations of the archaeological assessment (if any) have been or will be implemented.

Carried

9. Chief Administrative Officer Report No. CAO 24-09

Re: Lion’s Head Shuttle Agreement – Renewal

#12-12-2024

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

That Council receives the report titled Lion’s Head Shuttle Agreement – Renewal, and;

That Council approves the renewal agreement with The Golden Dawn Seniors Home for the operation of a shuttle service within Lion’s Head from June 28th, 2024 to September 2nd, 2024; and

That Council authorizes the Mayor and Clerk to execute an Agreement between the Municipality of Northern Bruce Peninsula and the Golden Dawn Senior Home for the provision of Shuttle Services within the Village of Lion’s Head;

Carried

10. Physician Recruitment and Retention Committee 

Re: September 13, 2023, Meeting Minutes

#12-13-2024

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

That the minutes of Physician Recruitment and Retention Committee Meeting No. 23-03, September 13, 2023, and all actions contained therein be approved as printed and circulated.

Carried

Other Business

Councillor Dowd inquired regarding the streetlights within the Municipality of Northern Bruce Peninsula and noted a need for a review of the need for streetlights. 

Councillor Golden noted that the Public Works Manager, Troy Cameron, has been working with an electrician surrounding the implementation and repair of streetlights within the Municipality. 

Councillor Dowd inquired surrounding the potential implementation of solar powered streetlights to facilitate additional light sources and ease of repair for staff. 

Council directed staff to prepare a report surrounding the request to investigate alternatives for streetlights within the Municipality.

Correspondence

1. Sarah Martin (Information)

Re: Proposed radiocommunication tower

2. Magda Havas (Information)

Re: Proposed radiocommunication tower

3. David McRoberts (Information)

Re: Proposed radiocommunication tower

4. Laura Vanderaa (Information)

Re: Proposed radiocommunication tower

5. Ken Chasse (Information)

Re: Proposed radiocommunication tower

6. Janaki Bandara (Information)

Re: Proposed radiocommunication tower

7. Crime Stoppers of Grey-Bruce (Information)

Re: Program Coordinator’s Report – Q1

8. Emergency Management Ontario (Information)

Re: 2024 Compliance

9. Nuclear Innovation Institute (Information)

Re: Update on recent changes and growth

10. Multi Municipal Energy Working Group (Information)

Re: January 11, 2024, Meeting Minutes

11. Source Water Protection Authority (Information)

Re: 2024 Private Drinking Water Testing Delegation Request 

12. Dale and Susan Lyons (Direction)

Re: Parking

13. Tobermory Chamber of Commerce (Direction)

Re: January 11 and February 8, 2024 Meeting Motions

It was noted that correspondence items #12 and #13 be added to the agenda for the April 26, 2024, Special Council Meeting Re: Road Tour.

#12-14-2024

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

That the correspondence items #1-13 be received as information as printed and circulated.

Carried

14. Royal Canadian Legion Branch 202 (Direction)

Re: Waiving the Fee for Rotary Hall Rental and Parking Around the Hall – September 15, 2024

#12-15-2024

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

That Council approves the Royal Canadian Legion Branch 202 for use of the Rotary Hall for Friday, September 15, 2024, excluding parking. 

Carried

Reading of By-laws

By-law 2024-22

Re: Being a By-Law to Adopt a Delegation Deputation for Municipality of Northern Bruce Peninsula

By-law 2024-26

Re: A bylaw to amend the Municipality of Northern Bruce Peninsula By-law 2002-54, as amended. 

By-law 2024-36

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 22, 2024

#12-16-2024

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.

Carried

Closed Session – Nil.

Adjournment

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#12-17-2024

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

That the meeting adjourns at 2:16 p.m.

Carried

Deputy Mayor, Rod Anderson 

Clerk, Cathy Addison