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

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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, Deputy Clerk – Lindsay Forbes, Treasurer – Teresa Shearer, Public Works Manager – Troy Cameron, Chief Building Official – Wendy Elliott, Parks and Facilities Manager – Mark Coleman

Others Present: Bruce County Planner, Megan Stansfield, Acting Parks Superintendent, Ethan Meleg

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. 24-03, Mayor McIver 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.

Approval of the Agenda

Clerk, Cathy Addison, noted that two resolutions from the minutes of the Chi Cheemaun Festival Committee Meeting No. 24-06, July 10, 2024, should be placed on the agenda for the July 22, 2024, Council Meeting. 

#21-01-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That the content of the agenda be approved as amended.

Carried

Adoption of the Minutes

Re: Council Meeting No. 24-20, July 8, 2024

#21-02-2024

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

That the minutes of Council Meeting No. 24-19, July 8, 2024, be approved as printed and circulated.

Carried

Public Meeting

Bruce County Planner, Megan Stansfield

Re: Zoning By-law Amendment File No. Z-2024-043

Mayor McIver welcomed Bruce County Planner, Megan Stansfield, to the Council Meeting. 

Bruce County Planner, Megan Stansfield, provided an overview of Zoning By-law Amendment File No. Z-2024-043. The following was noted.

· This application proposes to sever a 3370 m2 parcel from 2854 Highway 6 and add it to 2856 Highway 6. This will result in an approximately 6170 m2 parcel at 2856 Highway 6, and a retained parcel of 5,742 m2 and with a frontage of 15.09 m at 2854 Highway 6. The conveyed parcel will be developed for storage of landscape products and a Zoning By-Law Amendment is proposed to rezone the property from Rural (RU1) to Hamlet Commercial (C2). There will be no change to the retained parcel.

· The Cameron’s have a landscaping business located at 2856 Highway 6; the property is zoned Hamlet Commercial. They purchased the adjacent property at 2854 Highway 6. The property at 2854 is zoned Residential and Rural. The Cameron’s would like to sever 2854, for a lot addition to 2856. The commercial zoning is proposed to be extended to the lot addition.

· The zoning amendment is to accommodate the Cameron’s landscaping business. This location is mainly used as a store front and storage yard for some landscaping products, like stone and mulch. The lot addition will allow the expansion of the landscaping storage yard. The addition will be zoned C2 – Hamlet Commercial. General Provisions for all Commercial zones permit the outside storage and display of goods, materials, produce or nursery stock in any yard. The zoning by-law requires that adjacent properties with residential and non-residential uses establish a planting area between the two lots, to maintain privacy. In this case, due to the placement of the buildings and driveway, a planting area is not feasible. The buildings on the site will provide a sufficient buffer between the landscaping yard and the residential use. The eastern side of the property is largely pasture and will not be impacted by the landscaping storage yard. Both the severed and retained parcels meet the lot area requirements as provided in the Northern Bruce Peninsula Zoning By-Law, however neither lot meets the frontage requirements of the by-law. The frontages are not proposing to be changed, however the lot areas, of course, will be changing, and will be making these parcels more equal in area.

· The properties are designated Highway Commercial in the Local Official Plan, with Special Policy Area No. 3 as an overlay. The Commercial designation permits and encourages commercial uses that are dependent on having high access, but don’t require municipal services. This use is permitted within the Highway Commercial designation and meets the policies of the Official Plan. The business has been operating on the existing lot and this proposal only extends the usable area. The Policy Area No. 3 permits retail establishments, professional offices and personal service establishments. The use meets the overlay policies as well.

Mayor McIver opened the Public Meeting at this time.

No Public Comments were received at this time. 

Mayor McIver closed the Public Meeting at this time. 

#21-03-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That Committee approve Zoning By-law Amendment Z-2024-043 by Cameron and the necessary by-law be forwarded to Council for adoption.

Carried

Delegation

Acting Park Superintendent, Ethan Meleg 

Re: Fathom Five National Marine Park – Update

Mayor McIver welcomed Acting Park Superintendent, Ethan Meleg, to the Council Meeting. 

Acting Park Superintendent, Ethan Meleg, provided an update to Council regarding Fathom Five National Marine Park. The following was noted: 

· Fathom Five National Marine Park was established in 1987 with the intent to create a boundary protect shipwrecks and key islands.

· The formal transfer of lands from Ontario to Canada has no occurred, pending the outcome of Saugeen Ojibway Nation litigation. 

· The establishment of Fathom Five predates the National Marine Conservation Areas (NMCA) program. 

· Although Fathom Five is often informally included in lists of NMCAs, it is not scheduled under the NMCA Act. It is managed in the spirit of a marine conservation area.

· Currently seven proposed NMCAs across Canada are undergoing feasibility assessments. Fathom Five is not one of the seven proposed areas. 

· A second phase of public engagement is scheduled for winter 2025, when draft regulations are available for review and comment.

· The development of the proposed regulations is part of a national process to establish tools necessary for Parks Canada to effectively manage NMCAs across Canada.

· Fathom Five is not established under the NMCA Act, therefore the proposed regulations do not apply in the current context and will only be applied if the park was established under this Act in the future.

· At such a time, there would be a detailed planning process that considers how these regulations would be implemented in Fathom Five. This would include significant consultation with the community, partners and stakeholders to consider the concerns, interests and unique circumstances under which Fathom Five was established.

Discussion ensued surrounding the previous inclusion of Fathom Five as a potential site for an NMCA. 

Acting Park Superintendent, Ethan Meleg, noted that Fathom Five is not a proposed NMCA. He further stated that Fathom Five is occasionally gets lumped in with other areas as it does not have it’s own category.

Discussion ensued surrounding the importance of public consultation surrounding the proposed NMCA regulations. 

Discussion ensued surrounding the jurisdiction of Fathom Five National Marine Park.

Consideration of Agenda Items

1. Chief Building Official Report No. BD 24-19

Re: Trailer Agreement

Applicant/Owner (s): Mr. Scott John Taylor & Ms. Lori Lynn Butler

Con 4 WBR Pt Lot 39 RP 3R3603 Part 1

388 Eagle Road, Municipality of Northern Bruce Peninsula, County of Bruce

Assessment Roll No. 41 09 680 003 25903 0000

#21-04-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That the Trailer Agreement requested by Mr. Scott John Taylor & Ms. Lori Lynn Butler for the property legally described as Con 4 WBR Pt Lot 39 RP 3R3603 Part 1 (41 09 680 00325903 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

2. Parks and Facilities Manager Report No. PF 24-12

Re: Quotations for The Meeting Place Roof Resurfacing and HVAC Equipment Replacement

Discussion ensued regarding the long-term objectives and feasibility of the Meeting Place building. 

#21-05-2024

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

That Council receives Parks and Facilities Report PF 24-12 regarding Quotations for The Meeting Place Roof resurfacing and HVAC Equipment Replacement as information; and

That Council accepts the quote Option 3 from Crose Mechanical for the installation of a ductless Cold Climate Heat Pump System in the amount of $24,450.00 + HST; and

That Council accepts the quote from Powerhouse Roofing for the replacement of steel roofing at The Meeting Place in the amount of $59,879.00 + HST.

Carried

3. Parks and Facilities Manager Report No. PF 24-13

Re: Tender Results for Tobermory and Lion’s Heads Harbours Electrical Upgrades

Discussion ensued surrounding the quotes received through the tender process. 

#21-06-2024

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

That Council receives Parks and Facilities Report PF 24-13 regarding Tender Results for Tobermory and Lion’s Heads Harbours Electrical Upgrades as formation; and

That Council accepts the bid from Clark Multi-Trade for Electrical Upgrades at the Tobermory Harbour per tender PF-2024-03 specifications in the amount of $312,000.00 + HST.

That Council accepts the bid from Clark Multi-Trade for Electrical Upgrades at the Lion’s Head Harbour per tender PF-2024-04 specifications in the amount of $295,765.00 + HST.

Carried

4. Parks and Facilities Manager Report No. PF 24-14

Re: Quotations for Community Facilities Roof Replacements

Discussion ensued surrounding the notification process surrounding tenders for the Municipality of Northern Bruce Peninsula. It was noted that staff will investigate the potential inclusion of tenders in the new “Contractor’s Corner” Newsletter being published by the Building Department.

#21-07-2024

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

That Council receives Parks and Facilities Report PF 24-14 regarding Quotations for Stokes Bay Community Centre Roof Replacement as information; and

That Council accepts the quotation from Bishop Roofing for the resurfacing of the Stokes Bay Community Centre roof in the amount of $19,800.00 + HST and

That Council accepts the quotation from Bishop Roofing for the resurfacing of the Artist Co-op Gallery roof in the amount of $10,800.00 + HST.

Carried

5. Parks and Facilities Manager Report No. PF 24-15

Re: Enabling Accessibility Fund – Small Projects Grant Application

#21-08-2024

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

That Council receives Parks and Facilities Report PF 24-15 regarding Enabling Accessibility Fund – Small Projects Grant Application as information.

Carried

6. Parks and Facilities Manager Report No. PF 24-16

Re: Transport Canada Lease Agreement for Tobermory Harbour

#21-09-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That Council receives Parks and Facilities Report PF 24-16 regarding Transport Canada Lease Agreement for Tobermory Harbour as information; and

That Council enter into Lease Agreement with Transport Canada for the expanded administration and operation of the harbour wall area between Tobermory Harbour Office fuel dock and the Chi-Cheemaun Ferry loading ramp per the following terms and conditions set out within Schedule “A” of By-law No. 2024-66 for a five-year term from April 1, 2024 to March 31, 2029; and

That Council authorizes the passage of By-law 2024-66 to authorize a Lease Agreement with Transport Canada for Tobermory Harbour at its regular meeting on Monday August 12, 2024.

Carried

7. Municipal Law Enforcement Officer Report No. MLEO 24-09

Re: Bylaw Enforcement Officer Appointments 2024

#21-10-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That Council receives MLEO Report 24-09 titled Bylaw Enforcement Officer Appointments 2024, and

That Council approves the passage of By-law No. 2024-64 being a bylaw to appoint Municipal Law Enforcement Officers and Property Standards Officers for the Municipality of Northern Bruce Peninsula, at today’s meeting.

Carried

8. Treasurer Report No. TR 24-14

Re: Chi-Cheemaun Festival Financial Report 

#21-11-2024

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

That Council receives Treasurer’s Report TR24-14 regarding the 2024 Chi-Cheemaun Festival revenue and expense report.

Carried

9. Clerk Report No. C 24-30

Re: File Number – APP-2024-00116

Applicant/Owners: Doru Cremenescu

Location: Concession 8 EBR, Part Lot 11 RP 3R;2133 Part 14, Municipality of Northern Bruce Peninsula (Lindsay), County of Bruce

ROLL: 4109660003084060000

#21-12-2024

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

That Council directs staff to submit the Municipality’s comments to the Niagara Escarpment Commission (NEC), regarding the Development Permit application submitted by the owner, Doru Cremenescu, for Concession 8 EBR, Part Lot 11 RP 3R;2133 Part 14, Municipality of Northern Bruce Peninsula (Lindsay), County of Bruce, is seeking approval to establish a bed and breakfast within an existing 1.5 story single family dwelling serviced by a private well and septic system, on an existing lot that is 9.2 acres;

And that the Senior Management reviewed the request for comments and noted the following comments be included:

· Ensure the applicant/Owner is aware of the Municipal Accommodation Tax that includes bed and breakfast establishments will be effective January 1, 2025;

· The applicant must reside in the dwelling to comply with the Bed & Breakfast provisions.

Carried

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

Re: Operational Report

#21-13-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That Council receives the report titled Operational Report, as information.

Carried

11. Drainage Committee 

Re: July 10, 2024, Meeting Minutes

#21-14-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That the minutes of Drainage Committee Meeting No. 24-02, July 10, 2024, and all actions contained therein be approved as printed and circulated.

Carried

12. Chi Cheemaun Festival Committee

Re: July 10, 2024, Meeting Minutes

#21-15-2024

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

That the minutes of Chi Cheemaun Festival Committee Meeting No. 24-06, July 10, 2024, and all actions contained therein be approved as printed and circulated.

That the Chi-Cheemaun Festival Committee regretfully accepts the resignation of Committee members, Co-Chair Don Johnstone, Tom McAfee and Vivian Wyonch; and

That Council commence the recruitment process to fill the vacancies on the Chi-Cheemaun Festival Committee, for the balance of this term.

That the Chi Cheemaun Festival Committee donate to the following organizations, in appreciation for their assistance with the 50th event:

-Tobermory Youth Pickleball – $300.00

-Royal Canadian Legion Tobermory Branch 290 – $500.00

-Primary Place Daycare – $500.00

Carried

Other Business

Deputy Mayor Anderson inquired regarding the frequency of missed garbage and recycling collections within previous weeks.

· Public Works Manager, Troy Cameron, noted that areas were missed due to broken down garbage trucks and replacement trucks being unfamiliar with the routes.

· He further noted that the Municipality is actively working with Waste Management to find a solution. 

Deputy Mayor Anderson inquired regarding the potential procurement of an Owl Meeting Camera to ensure that discussions during Council Meetings are captured within the meeting recordings. 

Councillor Sohrab inquired regarding the evaluation of potential avenues to address parking issues prior to the August long-weekend. 

· Chief Administrative Officer, Peggy Van Mierlo-West, noted that the item will be discussed by the Senior Management Team. 

Correspondence

1. Bruce County (Information)

Re: Annual Report on Investment in Local Services

2. Mike Campbell (Information)

Re: 2024 Bruce Peninsula Gravel Grand Fondo

3. Rick Byers, MPP (Information)

Re: Ontario Supporting Community and Front-line Agencies

4. Grey Bruce Public Health (Information)

Re: Municipal Matters Newsletter

5. Resolution – Ontario Coalition for Better Child Care (Information)

Re: 24th Annual Child Care Worker and Early Childhood Educator Appreciation Day, October 24, 2024

#21-16-2024

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

That Council for the Municipality of Northern Bruce Peninsula proclaims Child Care Worker & Early Childhood Educator Appreciation Day on Thursday, October 24, 2024. 

Carried

6. Resolution – Township of EMO (Information)

Re: Operational Budget Funding

7. Resolution – Association of Municipalities of Ontario (AMO) and Ontario Medical Association (OMA) (Information)

Re: AMO/OMA Joint Health Resolution Campaign

#21-17-2024

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

WHEREAS the state of health care in Ontario is in crisis, with 2.3 million Ontarians lacking access to a family doctor, emergency room closures across the province, patients being de-rostered and 40% of family doctors considering retirement over the next five years; and

WHEREAS it has becoming increasingly challenging to attract and retain an adequate healthcare workforce throughout the health sector across Ontario; and

WHEREAS the Northern Ontario School of Medicine University says communities in northern Ontario are short more than 350 physicians, including more than 200 family doctors; and half of the physicians working in northern Ontario expected to retire in the next five years; and (Northern Ontario only)

WHERAS Ontario municipal governments play an integral role in the health care system through responsibilities in public health, long-term care, and paramedicine.

WHEREAS the percentage of family physicians practicing comprehensive family medicine has declined from 77 in 2008 to 65 percent in 2022; and 

WHEREAS per capita health-care spending in Ontario is the lowest of all provinces in Canada, and

WHEREAS a robust workforce developed through a provincial, sector-wide health human resources strategy would significantly improve access to health services across the province;

NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Northern Bruce Peninsula urge the Province of Ontario to recognize the physician shortage in the Province Ontario, to fund health care appropriately and ensure every Ontarian has access to physician care.

Carried

#21-18-2024

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

That the correspondence items #1 2,3,4,5 6, and 8 be received as information as printed and circulated.

Carried

8. Bruce Peninsula Environment Group (Direction)

Re: Tobermory Water Filing Station

It was noted that staff will include a new wall mounted water filling station within the 2025 Budget.

Reading of By-laws

By-law 2024-54

Being A By-Law to Set Fees and Charges for The Municipality of Northern Bruce Peninsula 

By-law 2024-58

Being a By-Law to Adopt a Commission Documents Policy for Municipality of Northern Bruce Peninsula

By-law 2024-60

Being a By-law to Authorize a Municipal Funding Agreement with the Association of Municipalities of Ontario for the Transfer and Use of the Canada Community-Building Fund

By-law 2024-62

A By-Law to Authorize an Energy Conservation and Demand Management Plan for the Municipality of Northern Bruce Peninsula

By-law 2024-64

Being a By-law to Appoint Municipal Law Enforcement Officers and Property Standards Officers for the Municipality of Northern Bruce Peninsula

By-law 2024-67

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 22, 2024

#21-19-2024

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 – Nil.

Adjournment

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#21-20-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That the meeting adjourns at 2:13 p.m.

Carried