Municipality of Northern Bruce Peninsula Council Meeting Minutes November 25, 2024

414

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

Members Absent: Mayor – Milt McIver 

Staff Present: Chief Administrative Officer – Peggy Van Mierlo-West, Clerk – Cathy Addison, Deputy Clerk – Lindsay Forbes, Treasurer – Teresa Shearer, Public Works Manager – Troy Cameron, Fire Chief – Jack Burt, Parks and Facilities Manager – Mark Coleman

Others Present: Bruce County Planner – Megan Stansfield, Planning Consultant – Laura Swanson (via Zoom), Bruce Peninsula Family Centre – Katherine Crivea, Bruce Peninsula Biosphere Association – John Rodgers 

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

Deputy Mayor Anderson 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.

Due to technical difficulties, the Council Meeting livestream experienced a delays in recording. 

Approval of the Agenda

#32-01-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That the content of the agenda be approved as presented.

Carried

Adoption of the Minutes

Re: Council Meeting No. 24-29, November 12, 2024

#32-02-2024

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

That the minutes of Council Meeting No. 24-29, November 12, 2024, be approved as printed and circulated.

Carried

Re: Special Council Meeting No. 24-30, November 20, 2024

#32-03-2024

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

That the minutes of Special Council Meeting No. 24-30, November 20, 2024, be approved as printed and circulated.

Carried

Public Meeting

Re: Fees and Charges By-law 

Deputy Mayor Anderson opened the Public Meeting to comments from members of the Public at this time. 

No comments were received at this time.

Deputy Mayor Anderson closed the Public Meeting.

#32-04-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That following any amendments and/or additions from today’s review of the Fees and Charges By-law, Council will consider passage of the enacting By-law No. 2025-01 at its regular meeting on Monday, December 9, 2024.

Carried

Public Meeting 

Bruce County Planner, Megan Stansfield

Re: Zoning By-law Amendment File No. Z-2024-063 (Loney)

Bruce County Planner, Megan Stansfield, appeared in person at the Council Meeting. 

Bruce County Planner, Megan Stansfield, provided an overview of Zoning By-law Amendment File No. Z-2024-063. The following was noted; 

· The purpose of this application is to amend the Environmental Hazard zone to accurately reflect the shoreline hazard. If approved, this zone change will facilitate the relocation of the septic and the construction of an addition to the front of the dwelling.

· This zoning by-law amendment seeks to amend the Environmental Hazard zoned, noting that the zone is improperly delineated on the existing schedules. The amendment will result in the subject lot being zoned R2 – Resort Residential, which will allow for standard residential development on the lot. The applicant is proposing to construct an addition to the west side of the existing dwelling and relocate the septic system to the west side of the property.

· A portion of the property is currently zoned EH – Environmental Hazard, likely due to an error in mapping. The Provincial Planning Statement requires that Natural Hazards be assessed when reviewing a Planning Act Application. Natural Hazards include flooding hazards, erosion hazards and the dynamic beach hazard. In shoreline cases we assess the flood hazard and dynamic beach hazard to ensure that development can occur safely. The County and Municipality have a set 100-year Flood Elevation for Lake Huron, which is 177.6 m GSC. The zoning by-law specifies provisions for setbacks from the Lake Huron flood elevation of 15 m or a requirement for building elevation. The 15 metre setback is standard and related to potential wave uprush impacts.

· The applicants provided an engineered elevation survey to delineate the Lake Huron 100 Year Flood elevation, (at 177.6 m GSC) and the 15 metres Regulatory High Water Setback. The 15 metre setback line is located on the east side of the existing roadway. It is reasonable to recommend the EH zone be adjusted to this setback.

· This area is significantly developed, so natural heritage features are scarce, and their presence on this site is not likely to be negatively impacted by the zone change and proposed development.

· The County Official Plan designates the properties as Rural Recreational and Hazard. The County permits minor adjustments to the plan without the need for an amendment. The plan references the sign off of the Conservation Authority to support this change, which is not applicable in this instance. The submission of the engineering report is sufficient to amend this zone, and meets the intent of the County Official Plan. The Hazard mapping layer will be updated in the new Official Plan. The change of zone to Resort Residential would be consistent with the surrounding Rural Recreational designation which permits the use of permanent and seasonal residential dwellings.

· The property falls within three different zones; R2 – Resort Residential, EH – Environmental Hazard Area and RU1 – Rural. Rezoning the entire lot to the R2 zone creates a uniformly zoned parcel that meets the intent of the Official Plan designation. The single zone reduces unnecessary setbacks and restrictions and applies residential permissions that are suitable for the existing use.

It was noted that an Archaeological Assessment is triggered by any Planning Act Application. It was further noted that a shoreline area is observed as a high archaeological potential area. 

It was noted that Planning Consultant Laura Swanson was available for comments online via Zoom.

Deputy Mayor Anderson opened the Public Meeting to comments from members of the Public at this time. 

No comments were received at this time.

Deputy Mayor Anderson closed the Public Meeting.

#32-05-2024

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

Subject to a review of submissions arising from the public meeting:

That Council approve Zoning By-law Amendment Z-2024-063 by Loney and the necessary by-law be forwarded to Council for adoption.

Carried

Delegation

Bruce Peninsula Family Centre (BPFC), Katherine Crivea

Re: Request for the construction of a new exterior access door within the child care centre

Katherine Crivea arrived in person for the November 25, 2024, Council Meeting. 

Katherine Crivea noted that the Bruce Peninsula Family Centre is requesting approval for the construction of a new exterior access door (alternate fire exit) within the child care centre. She further stated that the Bruce Peninsula Family Centre is requesting the following:

· Approval to complete this project in 2025 (so long as approval has been granted via the Ministry of Education).

· Fund any costs that are above and beyond what BPFC has already set aside 

· Assistance with the construction of the outside structure for this door

Council requested an approximate quote and plans for the project. It was noted that these items should be submitted to Council prior to the end of December to ensure the project is included within the 2025 Budget Discussions. 

Bruce Peninsula Biosphere Association, John Rodgers

Re: Stokes Bay River

John Rodgers appeared in person for the Council Meeting. 

It was noted that John Rodgers is the Board Lead for the Bruce Peninsula Biosphere Association’s Six Streams Initiative. The initiative highlights the importance of water quality through water sampling and monitoring as well as through impact mitigation projects. 

Mr. Rodgers provided an overview of the algae matting situation experienced in Stokes Bay during the 2024 summer months. He highlighted that the combination of low wind, high temperatures, shoreline disturbance, removal of trees along river bank from emerald ash borer, and the location of Stokes Bay created a perfect environment for the growth of algae. 

Discussion ensued surrounding mitigation projects which could be utilized to reduce the growth of algae, including replacing failing septic systems, reducing soil erosion, and conducting shoreline workshops with land owners. However, it was noted that “the perfect storm” of conditions stimulated algae growth during 2024 which resulted in the thick algae matting. 

Consideration of Agenda Items

1. Public Works Manager Report No. PW 24-27

Re: Used Landfill Compactor

Discussion ensued surrounding the anticipated useful life associated with the used compactor. 

Public Works Manager, Troy Cameron, noted that the Public Works Department is able to prolong the useful life of the machine utilizing effective management practices. He further estimated that the remaining useful life of the machine is approximately 10 years. 

#32-06-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That Council receives PW 24-27 report titled Used Landfill Compactor, as information; and

That Council authorizes staff to enter the active bidding process for the procurement of a used 1996 Cat 816F Landfill Compactor.

Carried

2. Public Works Manager Report No. PW 24-28

Re: 2024/2025 Winter Control Handbook

It was noted that due to the success of the Lion’s Head Promenade Pilot during the 2023/2024 season, it has been included within the Handbook for 2024/2025.

#32-07-2024

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

That Council receives Public Works Department Report PW 24-28 titled 2024/2025 Winter Control Handbook; and

That Council approves By-law No. 2024-96, being a By-law to Establish Winter Minimum Maintenance Standards for Municipal Roadways, at its regular meeting of December 9, 2024.

Carried

3. Fire Chief Report No. FC 24-10

Re: 2025 Emergency Plans

#32-08-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That Council receives Fire Chief Report titled 2025 Emergency Plan as information with respect to the Municipal Emergency Plan amendments;

And that Council pending discussions and comments from today’s review recommends that By-law No. 2024-90 to establish an Emergency Plan be adopted at the December 9, 2024 Council meeting.

Carried

4. Deputy Clerk Report No. DC 24-02

Re: Short-term Accommodation Licensing Program – 2024 Review

#32-09-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That Council receives Report No. DC 24-02 Re: Short-term Accommodation Licensing Program – 2024 Review as information, and

That Council directs staff to place Report No. DC 24-02 Re: Short-term Accommodation Licensing Program – 2024 Review, on Let’s Talk NBP for a period of 30 days.

Carried

5. Chief Administrative Officer Report No. CAO 24-24

Re: Block 62 Plan 3M-199

Discussion ensued surrounding the information contained within Chief Administrative Officer Report No. CAO 24-24 Re: Block 62 Plan 3M-199. It was noted that this report was based on a delegation from the November 12, 2024, Council Meeting surrounding Block 62 Plan 3M-199.

Chief Administrative Officer, Peggy Van Mierlo-West, stated that a review of legal representations indicate that the property was originally retained as parkland or as security. 

#32-10-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That the Council of the Municipality of Northern Bruce Peninsula receive report CAO 24-24; and

That Council support an easement policy.

Carried

6. Chief Administrative Officer Report No. CAO 24-25

Re: Additional Staffing Complement Request

Chief Administrative Officer, Peggy Van Mierlo-West, noted that discussions with Senior Management and completion of strategic planning in 2022 surrounding staff complements identified 3 positions which demonstrate an opportunity to enhance municipal operations. 

Discussion ensued surrounding the information contained within Chief Administrative Officer Report No. CAO 24-25 Re: Additional Staffing Complement Request.

#32-11-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That the report titled Additional Staffing Complement Request be received; and,

That the attached job descriptions be approved in principle pending 2025 Operational Budget deliberations.

Carried

7. Museum Committee 

Re: October 8, 2024, Meeting Minutes

#32-12-2024

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

That the minutes of Museum Committee Meeting No. 24-09, October 8, 2024, and all actions contained therein be approved as printed and circulated.

Carried

8. Accounts Payable Voucher

Re: October 2024

#32-13-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That Council receives approved Accounts Payable Voucher for October 2024, in the amount of $2,981,748.73.

Carried

Other Business – Nil.

Correspondence

1. Municipality of Arran-Elderslie (Information)

Re: 2025 Municipal Innovation Council Membership

Peggy – MIC Meeting next Monday – more information to come. 

2. Multi-Municipal Energy Working Group (Information)

Re: Delegation from Edgardo Sepulveda – Chasing the Wind

3. Richard Ottewell (Information)

Re: Shore Road Allowance Policy

4. Rick Byers, MPP (Information) 

Re: Ontario Building More Electric Vehicle Charging Stations

5. Sarah Martin (Information)

Re: Proposed radio-communication tower on Lindsay Road 40.

6. Tobermory Chamber of Commerce (Information)

Re: Reduction of Municipal Accommodation Tax from 4% to 2% for commercial operators.

7. Tobermory Chamber of Commerce (Information)

Re: Paid Parking Feedback 2024

8. Resolution – Township of Puslinch (Information)

Re: Motion for the Protection of Agricultural Lands and Sustainable Development in Relation to Provincial Projects and Excess Soil Management Practices.

#32-14-2024

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

That correspondence items #1-8 be received as information as printed and circulated.

Carried

Reading of By-laws

By-law 2024-20

Being a By-law to Authorize a Winter Service Agreement to Provide Winter Maintenance for Bruce Peninsula National Park at Cyprus Lake.

By-Law No. 2024-89

Being a By-law to Formally Adopt Policies and Procedures for the Sale of Unopened Road Allowances and Original Shore-Road Allowances Within the Municipality of Northern Bruce Peninsula

#32-15-2024

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

That By-law 2024-89 is deferred to a future date.

Carried

By-law 2024-94

A by law to amend the Municipality of Northern Bruce Peninsula By-law 2002-54, as amended. (155 Hardwick Cove Road)

By-law 2024-95

Being A By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Monday, November 25, 2024

#32-16-2024

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

That by-laws 2024-20, 2024-94, and 2024-95, be given 1st, 2nd, and 3rd reading, and enacted.

Carried

Closed Session

#32-17-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That Council move into closed meeting at 1:55 p.m. pursuant to Section 239(2) of The Municipal Act, 2001, S.O. 2001, as amended, for the following reasons: (b) personal matters about an identifiable individual including municipal or local board members; (Personnel – for a Human Resources update.) (e) Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality of local boards; (Ontario Land Tribunal Hearing Matters)

Carried

Reconvene from Closed Session to Resume Council Meeting

#32-18-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That Council reconvenes from Closed Session at 2:17 p.m. and resumes the Council meeting.

Carried

Following Closed Session, Deputy Mayor Anderson advised that the Council approved the minutes of November 20, 2024, closed session meeting and Council provided the CAO direction with regards to personnel and Ontario Land Tribunal hearing discussions.

Adjournment

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#32-19-2024

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

That the meeting adjourns at 2:18 p.m.

Carried