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, Parks and Facilities Manager – Mark Coleman, Committee and Planning Coordinator – Bob Stewart
Others Present: Bruce County Intermediate Planner – Julie Steeper (Zoom), Planning Consultant – Ron Davidson, Bruce County Director of Planning and Development – Jack Van Dorp, Bruce County Senior Planner – Monica Walker Bolton
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
Due to technical issues, Mayor McIver called the meeting to order at 1:05 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
#25-01-2024
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Todd Dowd
That the content of the agenda be approved as presented.
Carried
Adoption of the Minutes
Re: Council Meeting No. 24-24, September 9, 2024 #25-02-2024
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Aman Sohrab
That the minutes of Council Meeting No. 24-24, September 9, 2024, be approved as printed and circulated.
Carried
Public Meeting
Bruce County Planner, Julie Steeper (Zoom)
Re: Zoning Bylaw Amendment Application – Z-2024-047 (Reimer-Catteau co Davidson)
Bruce County Planner, Julie Steeper, attended the Council Meeting online via Zoom.
Mayor McIver welcomed Bruce County Planner, Julie Steeper to the Council Meeting.
Julie Steeper provided an overview of Zoning Bylaw Amendment Application – Z-2024-047 (Reimer-Catteau co Davidson), the following was noted.
• The property is designated Rural in the County Official Plan and designated Community Improvement Planning Area in the Local Official Plan. The property is Zoned Rural Commercial and Industrial Zone Special ‘RCM-82-2021’. The lands were subject to a previous zoning by-law amendment in 2021 that permitted a contractor’s yard, a front yard setback of 60m, and a detached accessory dwelling.
• The previous zoning by-law will be rescinded if the application is approved. • A contractor’s yard is defined as a place, building or structure where contracting equipment and building material are stored, and may include office space as an accessory use, but shall not include retail sales.
• Since the approved amendment, the applicant’s plans, have changed regarding the detached accessory dwelling. The applicant is requesting to include an accessory dwelling unit within the workshop, and construct a detached accessory dwelling at a later time. The zoning bylaw permits an accessory detached dwelling in accordance with Sections 6.4 and 6.5. An accessory residential unit within a commercial building is not an uncommon request. The commercial building would need to meet the Ontario Building Code. The proposed development is seeking to add two residential units, offering a potential additional housing choice in the community. The Local Official Plan promotes a wide variety of housing types to meet the needs of the community.
• The residential unit will provide an opportunity for live/work option for the business on site. The units will be located within the proposed cluster of buildings on site and is considered reasonable in nature to allow. There are no anticipated land use compatibility issues with adjacent land uses, which include forested lands to the east and west and residential dwellings to the north.
• The dwelling units would be sharing the same access and driveway.
• Two (2) Residential Units proposed on a lot that is smaller than 0.6 hectares with private onsite sewage disposal must be supported by a Nitrate Study. The lot is 4 ha in size and therefore greater in area than the required size and does not require the submission of a nitrate study. It is the opinion of County Staff that the parcel size is large enough to accommodate any services required.
Planning Consultant, Ron Davidson, appeared at the Council Meeting online via Zoom. A summary of the application was provided to Council.
Mayor McIver opened the public meeting at this time.
No comments were received from the public.
Mayor McIver closed the public meeting.
Mayor McIver thanked Bruce County Planner, Julie Steeper, for her presentation.
#25-03-2024
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Laurie (Smokey) Golden
Subject to a review of submissions arising from the public meeting:
That Council approve Zoning By-law Amendment Z-2024-047 and the necessary by-law be placed on an upcoming agenda for adoption.
Carried
Delegation
Bruce County Director of Planning and Development, Jack Van Dorp, and Bruce County Senior Planner, Monica Walker Bolton
Re: Bruce County Draft Official Plan
Bruce County Director of Planning and Development, Jack Van Dorp, and Bruce County Senior Planner, Monica Walker Bolton appeared in person at the Council Meeting.
Mayor McIver welcomed Jack Van Dorp and Monica Walker Bolton to the Council Meeting.
Bruce County Senior Planner, Monica Walker Bolton, provided an overview of the Draft County Official Plan to Council, the following was noted.
• The Official Plan needs to be consistent with provincial policies and directions, including the new Provincial Planning Statement released at the end of August, and it also needs to reflect the Bruce County context.
• The Bruce GPS project in 2018 to 2019, which was an extensive public engagement that led to the 8 guiding principles. Discussion papers were prepared for each of these guiding principles from 2019 to 2022 including potential policy directions.
• Some of these directions were already addressed through several amendments made to the existing Plan, and others were left for the new Plan. These potential policy directions were largely incorporated into the new Official Plan, and in a few cases where they were not specifically addressed, it was due to conflict with provincial direction, or they could be better addressed through other Planning tools like in local Plans or other strategy documents.
• Much of the work in preparing this Plan was completed through various amendments to the existing County Official Plan, including additional residential units, policies, agricultural policies. A housekeeping amendment, growth management and servicing policies. Also, implementation was a major amendment to the County Official Plan.
• To demonstrate the difference between the current policies and new policies, grey highlight in the text to show the policies that are unchanged or modified slightly from the currently approved Plan, so the slight modifications would be underlined for added text and strike through if there’s a deletion and text on a white background that is new or substantially modified from the current Plan is shown in the in the plain white text.
• The structure of the Plan is laid out in 6 parts:
-Vision and Guiding Principles
-Growth Management
-County-wide Policies
– Land Use Designations
-Implementation Policies
-Site Specific Policies (Carried over from the current Plan)
It was noted that the Draft County Official Plan includes an analysis of seasonal residential units.
An overview of the new Provincial Planning Statement (PPS) was provided to Council. It was noted that the new PPS directs growth Planning and specifically population projections that were to follow the Ministry of Finance Forecasts.
The review of the Draft County Official Plan proceeded the following was noted.
• Policies are being structured to point to provincial direction without duplicating the direction.
• The intend of this effort is to reduce the need to amend the Official Plan if provincial direction changes.
• The new draft Plan also maps, natural heritage and water resource systems. This system approach is new for the Bruce County Plant, but it reflects a direction that was established in the 2014 PPS and carried forward in the new 2020, and now 2024 PPS.
Bruce County Director of Planning and Development, Jack Van Dorp, provide an overview of the draft schedules for the Plan by utilizing a slider engagement tool.
It was noted that the engagement tool is publicly available for review on https://experience.arcgis.com/experience/9895216d864b4cefabdcee7821066846
It was further noted that the slider can be moved from left to right, which depicts the current Official Plan (on the right) and the draft Plan (on the left).
Discussion ensued surrounding the land evaluation area review and the associated transition of land from an agricultural zone to a rural zone. It was noted that the score that was utilized in the process was based on land evaluation, soil quality, and an aerial review of the surrounding area. It was further noted that parcels with high scores were classified as prime agricultural.
It was noted that under the Draft Official Plan, 2 additional dwelling units will be permitted on prime agricultural land. It was noted that land that land held by non-government organizations or land trusts that were already eligible for a conservation land tax incentive have been designated as “open space”.
Discussion ensued surrounding the designation of such land as open space. It was noted that the designation reflects the function of the land in accordance with their ownership and tax structure.
Discussion ensued regarding the proposed implementation of a general policy framework that would alleviate the number of amendments to the County Official Plan. It was noted that the items would be dealt with through a local zoning amendment.
Discussion ensued surrounding the proposed changes to the limits of the Niagara Escarpment Plan. It was noted that the County Official Plan will reflect direction from the Niagara Escarpment Plan regarding areas within the limit to avoid duplication of policies and future amendments of the County Plan in relation to changes to the Niagara Escarpment Plan.
An overview of the Draft Official Plan Scheduled was provided to Council, the following was noted.
• Schedule B – Road Networks and Settlement Areas
• Schedule C – Natural Resources and Constraints
• Scheduled D – Source Water Protection • Schedule E – Natural Environment Systems
• Schedule F – Water Resource Systems
Discussion ensued surrounding the mapping of natural environment systems.
It was noted that the entire Peninsula is captured within the Niagara Escarpment Plan.
Jack Van Dorp noted that the Niagara Escarpment Planning Area identifies the entire Peninsula, and the area was included within the Plan for a regulatory document. He further noted that the boundaries of the Niagara Escarpment Area are depicted within the Draft Official Plan.
Jack Van Dorp noted that Bruce County has offered direction to the Niagara Escarpment Commission (NEC) regarding consistency between the NEC and the Municipality for development provisions, such as a common setback.
It was noted that the habitat for endangered and threatened species will be regarded whether mapped in the Plan or not. It was further noted that the Draft Official Plan does not assert jurisdiction over first nations lands or national parks.
Discussion ensued surrounding Schedule F – Water Resource Systems.
Discussion ensued surrounding the requested property redesignations. It was noted that the information will be updated to include identifiers for the properties prior to bringing a recommendation to Council.
It was noted that the Plan retains a strong housing focus for Bruce County. It was further noted that agriculture, tourism, and energy are regarded as economic drivers for the County.
Discussion ensued surrounding groundwater protection and development. The PPS directs the maintenance and, where possible, improvement of drinking water supply.
It was noted that the Draft Official Plan will provide opportunities for properties to avoid having a nitrate study completed. Discussion ensued surrounding the utilization of tertiary treatment systems. It was noted that the property owner is responsible to maintain a contract with a service provider for annual servicing under the Building Code.
Discussion ensued surrounding the upcoming presentations of the Draft Official Plan at the Open houses throughout Bruce County. The closest Open House for the Municipality of Northern Bruce Peninsula is October 2, 2024, from 3:30 p.m. – 6:00 p.m. in Wiarton.
Discussion ensued surrounding the timeline associated with the passing of the Draft Official Plan. It was noted that the Bruce County Planning and Development Department anticipate completing the draft Plan by January.
It was noted that the timeline can be adjusted based on resident and Council feedback.
It was noted that Jack Van Dorp will investigate the amount of prime agricultural land which was designated as rural in the Land Evaluation stage of the Plan.
It was noted that a report will be presented to Council from Chief Administrative Officer surrounding the Draft Official Plan at the October 15, 2024, Council Meeting.
It was noted that residents can book 1-on-1’s with County Planning staff to go over specific interests.
Mayor McIver thanked Jack Van Dorp and Monica Walker Bolton for their presentation.
Consideration of Agenda Items
1. Clerk Report No. C 24-37
Re: Appoint a Climate Action and Waste Diversion Committee
#25-04-2024
Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab
That Council receives report C 24-37, as information, with regards to the Committee Member appointment for the Climate Action and Waste Diversion Committee; and
That Council endorses the enactment of By-law No. 2024-82, at its regular meeting on Monday, September 23, 2024, appointing individuals to the Climate Action and Waste Diversion Committee for the Municipality of Northern Bruce Peninsula, for the balance of this Council term.
Carried
2. Chief Administrative Officer Report No. CAO 24-19
Re: Lion’s Head Arena Alternative
Discussion ensued surrounding the information contained in Chief Administrative Officer Report No. CAO 24-19 Re: Lion’s Head Arena Alternative.
Chief Administrative Officer, Peggy Van Mierlo-West provided an overview surrounding grant opportunities and the inability to “piggyback” on existing grants.
Council discussed deferring the report at the September 23, 2024, Council meeting due to the Closed Session agenda item, (c) a proposed or pending or disposition of land by the municipality or local board (Arena property proposals).
#25-05-2024
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Aman Sohrab
That Council receives the report titled Lion’s Head Arena Alternative, and;
That Council provides direction regarding options, and;
That staff provide Council a resolution for passing at the September 23, 2024 Regular Council meeting
Deferred
3. Museum Committee Minutes
Re: August 6, 2024 Meeting
#25-06-2024
Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden
That the minutes of Museum Committee Meeting No. 24-07, August 6, 2024, and all actions contained therein be approved as printed and circulated.
Carried
4. Licensing Appeal Committee Minutes
Re: September 9, 2024 Meeting
#25-07-2024
Moved by Councillor Aman Sohrab, Seconded by Deputy Mayor Rod Anderson
That the minutes of Licensing Appeal Committee Meeting No. 24-01, September 9, 2024, and all actions contained therein be approved as printed and circulated.
That the Licensing Appeal Committee revoke the Short-term Accommodation Licence, STA 2024-184 known as 109 Spry Shore Road for a period of one-year, effective September 9, 2024.
Carried
Other Business
Deputy Mayor Anderson inquired surrounding the penalties associated with the continued operation of a Short-term Accommodation (STA) following the revocation of a licence.
Chief Administrative Officer, Peggy Van Mierlo-West noted that the property owner can be fined on a daily basis if operations continue. She further stated that the fines are currently controlled through the Province, however, staff are currently working to implement the Administrative Monetary Penalties (AMPs) System to facilitate an increase in fines.
Deputy Clerk, Lindsay Forbes, noted that the current fines for operation without a valid STA Licence is a maximum of $2700.00 + HST per day.
Councillor Golden inquired regarding the ability of a property to obtain a STA Licence following the sale of the property, if the previous owner had their STA Licence revoked.
Deputy Clerk, Lindsay Forbes, stated that the new property owner would be eligible to apply for a licence, however, they would have to start the application process from scratch as STA Licences are non-transferable under the Municipal Licensing Program.
It was noted that a report regarding the STA Program will be presented to Council following Thanksgiving.
Councillor Dowd inquired regarding the procurement of an air conditioner for the Tobermory Community Centre.
Parks and Facilities Manager, Mark Coleman, noted that the Municipality is currently investigating a heat pump system for the site.
Correspondence
1. Doug and Colleen Hubble (Information)
Re: Impacts of Short-term Accommodations
It was noted that any Short-term Accommodation correspondence issues and/ or comments should be reflected in the annual report to Council.
2. Jack and Patty Parker (Information)
Re: Review of the Short-term Accommodation Bylaw
3. Marydale Ashcroft (Information)
Re: Lion’s Head Arena and Community Centre Project
4. Ministry for Seniors and Accessibility (Information)
Re: Ontario Senior Achievement Award – Nomination invitation
5. Rick Byers, MPP (Information)
Re: Ontario Government tours Hydrogen Optimized to highlight clean energy and domestic manufacturing advancements
6. Rick Byers, MPP and Lisa Thompson, MPP (Information)
Re: Ontario supporting healthy child growth and development
7. Rick Byers, MP (Information)
Re: MPP Rick Byers announces he will not be running for re-election
8. Town of South Bruce Peninsula (Information)
Re: Proposed Bruce County Official Plan
9. Resolution – Township of Springwater (Information)
Re: Growth and Economic Viability Ad Hoc Committees
#25-08-2024
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Aman Sohrab
That the correspondence items #1-9 be received as information as printed and circulated.
Carried
Reading of By-laws
By-law 2024-80
A by-law to amend the Municipality of Northern Bruce Peninsula By-law 2002-54, as amended. (59 Burma Road)
By-law 2024-82
Being A By-Law to Establish and Appoint Members to a Climate Action and Waste Diversion Committee for the Municipality of Northern Bruce Peninsula.
By-law 2024-85 Being A By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Monday, September 23, 2024.
#25-09-2024
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
#25-10-2024
Moved by Councillor Aman Sohrab, Seconded by Councillor Todd Dowd
That Council move into closed session at 2:40 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 (Arena property proposals) and (b) Personal matters about an identifiable individual, including municipal employees (Human Resources Matter)
Carried
Reconvene from Closed Session to Resume Council Meeting
#25-11-2024
Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab
That Council reconvenes from Closed Session at 3:24 p.m. and resumes the Council meeting.
Carried
It was noted that the technical issues with the Council Meeting Livestream continued to occur following Council reconvening from Closed Session. Following Closed Session, Mayor McIver advised that Council approved the minutes of July 8, 2024, Closed Session Meeting and Council proved the CAO direction with regards to property acquisitions and human resource matters.
Adjournment
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#25-12-2024
Moved by Councillor Laurie (Smokey) Golden, Seconded by Deputy Mayor Rod Anderson
That the meeting adjourns at 3:25 p.m.
Carried
