Municipality of Northern Bruce Peninsula Council Meeting Minutes July 8, 2024

254

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

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, Parks and Facilities Manager – Mark Coleman

Others Present: Eastlink Network Design Manager – Nigel Herritt, Eastlink Director of Network Design Engineering – Korey Taylor

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 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

#18-01-2024

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. 24-18, June 24, 2024

#18-02-2024

Moved by Councillor Aman Sohrab, Seconded by Deputy Mayor Rod Anderson

That the minutes of Council Meeting No. 24-18, June 24, 2024, be approved as printed and circulated.

Carried

Public Meeting

Re: Fees and Charges By-law Revision

Clerk, Cathy Addison, provided Council with an amendment to By-law 2024-54 Re: Fees and Charges Revisions. She recommended that a fee of $60/hour be included within the Bylaw under Section 1, Administration, for the Property Standards Committee compensation fee. It was further noted that there is currently no compensation fee within the Municipality’s Fees and Charges Bylaw. 

Mayor McIver opened the public meeting at this time. 

No public comments were received.

Mayor McIver closed the public meeting at this time.

#18-03-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That following Council discussions, and with the addition of the Property Standard Committee compensation fee, Council will consider passage of the enacting the Fees and Charges By-law No. 2024-54 at its regular meeting on Monday, July 22, 2024.

Carried

Delegation

Nigel Herritt and Korey Taylor (Zoom)

Re: Eastlink Fiber Expansion Project

Nigel Herritt and Korey Taylor appeared at the July 8, 2024, Council Meeting online via Zoom.

Mayor McIver welcomed Nigel and Korey to the Council Meeting. 

Nigel Herritt provided an overview of the Eastlink AHSIP Build Accelerated High-Speed Internet Project to Council. The following was noted;

· The current situation experienced by Eastlink encompasses 150 km of Eastlink aerial build in Northern Bruce Peninsula as part of the AHSIP Project.

· 30-40 km of the anticipated Eastlink aerial build in Northern Bruce Peninsula have 90-100% Hydro One pole replacements, indicating that 600-700 poles need to be replaced before Eastlink can attach fibre to the poles.

· The cost per pole for replacement to Eastlink is approximately $10,000.00.

· Two alternatives were presented to Council regarding the issues experienced by Eastlink, a new pole line on the opposite sides of the affected roads or an underground conduit. 

· It was noted that the underground conduit is the most cost effective option, at approximately $50,000.00 – $80,000.00 per km. 

It was noted that 150 km of fibre was awarded to Eastlink within the AHSIP Project to serve underserved homes within Northern Bruce Peninsula. 

It was noted that further information regarding the intended service areas will be provided to Council following the meeting. 

It was further noted that some areas within Northern Bruce Peninsula were not awarded to Eastlink within the project for servicing. 

Discussion ensued surrounding the reliability and feasibility of an underground network to facilitate the required servicing. 

It was noted that future roadwork demonstrates a potential risk to the underground network. 

Korey Taylor noted that Eastlink is proposing a shoulder/right of way to facilitate the required service connection. It was further noted that the project has gotten complicated due to the unexpected increase in the cost to run the fibre lines on the Hydro One poles.

It was noted that the AHSIP Project deadline is December 2025 regarding the implementation of the broadband expansion. 

It was noted that approximately 2900 homes are anticipated to be serviced as a result of the AHSIP Project with Eastlink. 

Mayor McIver thanked Nigel and Korey for their presentation. 

Consideration of Agenda Items

1. Public Works Manager Report No. PW 24-19

Re: Request for Quotations for One Ton Dually Cab and Chassis

#18-04-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That Council receives PW 2024-19 report titled Request for Quotations for One Ton Dually Cab and Chassis, as information;

And That Council pending discussions and comments from today’s review, approves the purchase of a 2024 Ford F350 from Peninsula Ford Lincoln in the amount of $77,795.45, excluding HST.

Carried

2. Chief Building Official Report No. BD 24-18

Re: Trailer Agreement

Applicant/Owner (s): Mr. Brian Edward Canary & Ms. Dayna Marie Canary

Con 7 WBR Pt Lot 23 RP 3R596 Part 13, 137 White Cedar Road, Municipality of Northern Bruce Peninsula, County of Bruce

Assessment Roll No. 41 09 660 001 25601 0000

#18-05-2024

Moved by Councillor Laurie (Smokey) Golden, Seconded by Deputy Mayor Rod Anderson

That the Trailer Agreement requested by Mr. Brian Edward Canary & Ms. Dayne Marie Canary for the property legally described as Con 7 WBR Pt Lot 23 RP 3R596 Part 13 (41 09 660 001 25601 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

3. Parks and Facilities Manager Report No. PF 24-11

Re: Energy Conservation Demand Management Plan – July 2024 Update

Parks and Facilities Manager, Mark Coleman, noted that Municipality supplies OCWA with data and comments surrounding improvements to facilities through the installation of energy saving equipment. He further noted that there has been a 7.8% reduction in energy demand to date. 

Public Works Manager, Troy Cameron, noted that there is a longer process associated with hauled sewage. He further noted that OCWA is monitoring the amounts being hauled in and are evaluating the potential for a hauled sewage station at the lagoon.

Discussion ensued surrounding previous equipment malfunctions at the lagoon which resulted in higher energy bills. 

Public Works Manager, Troy Cameron, noted that the equipment is monitored regularly, however malfunctions happen.

Discussion ensued regarding the cost of $0 associated with the propane furnace and propane water heater at the Lion’s Head Community Centre within Parks and Facilities Manager Report No. PF 24-11.

Parks and Facilities Manager, Mark Coleman, noted that quotes have not been obtained to date as Council direction is required regarding the Lion’s Head Community Centre. 

It was noted that it is a priority of Council to have Cooling Centres within Lion’s Head and Tobermory.

It was noted that the Energy Conservation Demand Management Plan – July 2024 Update is a five (5) year update. It was further noted that OCWA recommends a review prior to the end of the 5 year term to ensure consistency surrounding the Plan.

#18-06-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That Council receives Parks and Facilities Report PF 24-11 regarding Energy Conservation Demand Management Plan – July 2024 Update as information; and

That Council endorses the Energy Conservation Demand Management Plan – July 2024 Update; and

That Council authorizes the passage of By-law 2024-62 to authorize an Energy Conservation and Demand Management Plan for the Municipality of Northern Bruce Peninsula at its regular meeting on Monday July 22, 2024.

Carried

4. Treasurer Report No. TR 24-13

Re: To authorize an agreement with AMO for the CCFB

#18-07-2024

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

That Council receives Treasurer’s report TR24-13 regarding the Canada Community- Building Fund (CCBF); and

That By-law 2024-60, Being a by-law to authorize a Municipal Funding Agreement with the Association of Municipalities (AMO) for the transfer and use of CCFB revenue, be presented and considered for passage on July 22, 2024.

Carried

5. Clerk Report No. C 24-26

Re: Commission Documents Policy

#18-08-2024

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

That Council receives Staff Report C 24-26, entitled Commission Documents Policy; and

That Council enacts a By-law No. 2024-58 being a By-law to Adopt a Commission Documents Policy for the Municipality of Northern Bruce Peninsula at the July 22nd, 2024, regular Council meeting.

Carried

6. Clerk Report No. C 24-27

Re: 2026 Municipal Election – Telephone and Internet Service Provider Authorization with Simply Voting Inc.

#18-09-2024

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

That Council receives Staff Report C 24-27, entitled 2026 Municipal Election – Telephone and Internet Service Provider Authorization with Simply Voting Inc.; and

That Council hereby approves Simply Voting Inc. to provide telephone and internet voting services for the 2026 Municipal and School Board elections.

Carried

7. Clerk Report No. C 24-28

Re: Owners: Donald and Justin Cameron

File: Z-2024-043

Property Address: 2854 Highway 6, Concession 3 EBR Pt Lot 25 and RP:3R7220 Part 1 RP, 3R8439 (Geographic Township of Eastnor), Municipality of Northern Bruce Peninsula

Roll Number 410962000703700

#18-10-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That Council directs staff to submit to the County of Bruce Planning and Economic Development Department, the Municipality’s comment to the severance submitted by the on behalf of owners, Donald and Justin Cameron, 2854 Highway 6, Concession 3 EBR Pt Lot 25 and RP:3R7220 Part 1 RPR8439 (Geographic Township of Eastnor), Municipality of Northern Bruce Peninsula; as follows:

• A planting buffer area of a minimum width of 1 metre, be considered; and

That Council approves the imposition of conditions of granting of approval 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 application is for a lot addition only; and, that the lands to be severed be merged under the same ownership as the abutting lands, as shown on the attached Schedule and that Subsection (3) or (5) of Section 50 of the Planning Act, apply to any subsequent conveyance. The lawyer shall provide an undertaking to consolidate the pins for the property parcels upon registration of the consent(s).

7. That the Clerk of the Municipality provide written confirmation to the Approval Authority that Zoning By-law Amendment file Z-2024-043 is in force and effect.

Carried

8. Clerk Report No. C 24-29

Re: Owners: Simon and Connie Goulding

Application for Consent (Easement)

82 Maple Golf Crescent, CON 2 EBR PT LOT 49 PLAN 3M;104 LOT 18 (St. Edmunds), Municipality of Northern Bruce Peninsula

Roll Number 410968000618601

#18-11-2024

Moved by Councillor Aman Sohrab, Seconded by Councillor Todd Dowd

That Council directs staff to submit to the County of Bruce Planning and Economic Development Department, the Municipality’s position of no objection to the easement over the adjacent property to provide legal access by owners Simon and Connie Goulding, for the property legally described as 82 Maple Golf Crescent, Concession 2 EBR Pt Lot 49 Plan 3M104 Lot 18 (Geographic St. Edmunds 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 transfer easement set out the dominant land being St Edmunds Con 2 EBR Pt Lots 49 and 50.

And that the comments sent to Niagara Escarpment Commission on April 22, 2024, are noted:

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 Golf Crescent and one where the new private driveway will be established.

Carried

9. Chief Administrative Officer Report No. CAO 24-16

Re: Crane Lake Opinion Letter

Discussion ensued regarding Chief Administrative Officer Report No. CAO 24-16 Re: Crane Lake Opinion Letter. 

It was noted that consultation would be conducted with property owners regarding the proposed restrictions to Crane Lake Road and the method of restriction. 

Discussion ensued surrounding the current condition of Crane Lake Road.

It was noted that language is required for clarification surrounding the proposed restriction of vehicles on Crane Lake Road.

Discussion ensued regarding the anticipated need for a parking area following the proposed restriction of the road.

Discussion ensued regarding the level of maintenance currently performed on the road by the Municipality. It was noted that spot maintenance is performed by the Public Works Department due to the inability of the grader to effectively operate on the narrow road. It was further noted that beaver activity ignorantly impacts the flooding of the road.

It was noted that more information will be provided to Council following the public consultation with stakeholders.

#18-12-2024

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Laurie (Smokey) Golden

That Council receives the report titled Crane Lake Opinion Letter, and

That Council directs staff to proceed with the public consultation process regarding the restriction of access to Crane Lake Road from Lindsay Road 40. 

Carried

10. Chief Administrative Officer Report No. CAO 24-17

Re: 3 Centennial Road, Tobermory

Chief Administrative Officer, Peggy Van Mierlo-West, provided an overview of the information contained within Chief Administrative Officer Report No. CAO 24-17 Re: 3 Centennial Road, Tobermory

Discussion ensued surrounding the ideas contained within Chief Administrative Officer Report No. CAO 24-17 and the identified needs of the community.

A multi-use facility drawing for the property was circulated to members of Council by Councillor Todd Dowd. It was noted that the proposed multi-use facility. Councillor Dowd noted that the implementation of a multi-use facility would provide several opportunities for the Municipality and community groups.

Discussion ensued regarding the future requirement of a Traffic Impact Study for the property.

Chief Administrative Officer, Peggy Van Mierlo-West noted that a cost analysis on the proposed options would be brought back to Council at a future meeting. It was further noted that information regarding septic capacity and information regarding the Meeting Place would also be included within a future report. 

#18-13-2024

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Aman Sohrab

That Council receives the report titled, 3 Centennial Road Tobermory as information.

Carried

11. Chief Administrative Officer Report No. CAO 24-18

Re: By-law for Clear-Cutting Trees

Discussion ensued regarding the information contained within Chief Administrative Officer Report No. CAO 24-18.

Discussion ensued regarding the potential incorporation of such provisions within the site plan process for a Building Permit or the site plan control agreement.

Discussion ensued regarding the creation of a Tree Retention Bylaw.

Chief Administrative Officer, Peggy Van Mierlo-West, noted that staff will move forward with the public consultation process surrounding the proposed Tree Retention By-law.

#18-14-2024

Moved by Councillor Aman Sohrab, Seconded by Councillor Todd Dowd

That Council receives the report titled, By-law for Clear Cutting, and;

That Council directs staff to move forward with the public consultation regarding the propose Tree Retention By-law.

Carried

12. Accounts Payable Voucher

Re: June 2024

It was noted that the items for the Chi Cheemaun Festival Committee is an in and an out and not spent by the Municipality.

#18-15-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That Council receives approved Accounts Payable Voucher for June 2024, in the amount of $4,955,645.82.

Carried

13. Museum Committee

Re: May 7, 2024, Meeting Minutes

#18-16-2024

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Laurie (Smokey) Golden

That the minutes of Museum Committee Meeting No. 24-05, June 4, 2024, and all actions contained therein be approved as printed and circulated.

Carried

Other Business

Councillor Golden requested to reopen the parking spaces on the south side of the Tobermory Harbour. 

Following discussions by Council, it was determined that reopening the parking spaces on the south side of the Tobermory Harbour would not be beneficial with respect to the parking issues in Tobermory. 

Deputy Mayor Anderson noted that parking issues associated with Big Tub Lighthouse should also be reviewed.

Correspondence

1. Rick Byers, MPP Bruce-Grey-Owen Sound and Lisa Thompson, MPP Huron-Bruce (Information)

Re: Joint Media Release – Ontario Investing in Hospital Infrastructure

2. Grey-Bruce OPP Detachment (Information)

Re: Staffing Update

3. Ministry of Municipal Affairs and Housing (Information)

Re: Planning Act and Development Charges Act Regulations related to the Cutting Red Tape to Build More Homes Act, 2024 (Bill 185)

4. Resolution – St. Catharines (Information)

Re: Green Roads Pilot Project

5. Resolution – Bruce County (Information)

Re: Request for the Ontario Ministry of Health to pause service level reductions. 

#18-17-2024

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Aman Sohrab

That Council supports the following resolution from Bruce County. 

Whereas the Counties of Bruce, Grey and Huron, within the traditional territory of the Saugeen Ojibway Nation, are primarily rural communities with a collective population of less than 250,000 supplying 30% of Ontario’s electricity and contributing more than $4 billion annually to Ontario’s GDP;

And whereas, our region is relied upon to contribute to the pressing electrification of Canadian society through major energy investments, including Bruce Power’s Major Component Replacement; and other large-scale initiatives under consideration such as 4800 megawatts in new nuclear electricity generation; a nuclear waste deep geological repository; a pumped storage facility; and a large-scale battery storage facility;

And whereas, a significant proportion of the world’s supply of medical isotopes (used to sterilize equipment and treat cancer) are produced by Bruce Power, in our region;

And whereas, our local health care systems are struggling with limited resources that impact service levels, emergency room closures, access to primary care, and the sustainability of our systems;

And whereas, the Rural Ontario Municipal Association has called for a new approach to resourcing rural health care to ensure its sustainability, through their “Fill the Gap Closer to Home” proposal;

Now Therefore, be it resolved that, the Council of the Corporation of the County of Bruce calls upon the Ontario Ministry of Health to implement an immediate pause on all planned and future service level reductions and closures at hospitals within the Bruce, Grey Huron region;

And that, this pause remain in effect until detailed studies can be undertaken to understand how we can safeguard our healthcare system and broader social safety net, to ensure the success of our region while supporting nationally significant projects;

And that, Council directs this resolution be circulated to all municipalities in Bruce, Grey and Huron, local MPs and MPPs, and to the Prime Minister, Premier of Ontario, and the Deputy Premier and Minister of Health.

Carried

#18-18-2024

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

That the correspondence items #1-4 be received as information as printed and circulated.

Carried

Reading of By-laws

By-law 2024-52

A By-Law to Adopt a Council Staff Relations Policy for the Municipality of Northern Bruce Peninsula 

By-law 2024-53

A By-Law to Authorize a Lease Agreement with Robert Stewart

By-law 2024-55

A By-Law to Authorize a Service Agreement with the Ontario Clean Water Agency (Operation and Maintenance of Water and Wastewater Facilities)

By-Law 2024-57

Being a By-Law to adopt a Civil Marriage Services Policy for the Municipality of Northern Bruce Peninsula

By-law 2024-63

Being A By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Monday, July 8, 2024

#18-19-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That the listed by-laws be given 1st, 2nd, and 3rd reading, and enacted.

Carried

Closed Session

#18-20-2024

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

That Council move into closed meeting at 2:38 p.m. pursuant to Section 239 (2) of The Municipal Act, 2001, as amended, for the following reasons: (c) a proposed or pending or disposition of land by the municipality or local board;(Big Tub)

Carried

Reconvene from Closed Session to Resume Council Meeting

#18-21-2024

Moved by Councillor Laurie (Smokey) Golden, Seconded by Deputy Mayor Rod Anderson

That Council reconvenes from Closed Session at 3:02 p.m. and resumes the Council meeting.

Carried

Following Closed Session, Mayor McIver advised that Council approved the minutes of June 24, 2024, Closed Session meeting and Council provided direction to the CAO regarding Big Tub properties.

Adjournment

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#18-22-2024

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

That the meeting adjourns at 3:03 p.m.

Carried