(following Committee of Adjustment meeting)
Members Present: Mayor Milt McIver, Deputy Mayor Debbie Myles, Councillor Laurie (Smokey) Golden, Councillor James Mielhausen, Councillor Megan Myles
Staff Present: Cathy Addison, Clerk, Tessa Swanton, Deputy Clerk, Peggy Van Mierlo-West, Chief Administrative Officer, Teresa Shearer, Treasurer, Ryan Deska, Community Services Manager, Troy Cameron, Public Works Manager, Wendy Elliott, Chief Building Official, Kara Smith, GIS/IT Coordinator
Others Present: Jack Van Dorp and Eric Steele, Bruce County Planning (via Zoom), Karen Phillips, Tobermory Seniors Association (via Zoom), Genevieve Scott, Cuesta Planning (via Zoom), Noreen Steinacher (via Zoom), Rob Davis (via Zoom), Scott Fortner, WSP (via Zoom), Jacquie Crowley, Tobermory Chamber of Commerce (via Zoom)
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 attend.
Note: In the absence of the ability to vote by a show of hands, in accordance with By-law No. 2021-08, Section 3- 64.3, Council votes will be recorded for resolutions presented at electronic Council meetings.
Note: Technical difficulties occurred throughout the online meeting, specifically issues with audio.
Disclosure of Pecuniary Interest and General Nature Thereof
Mayor McIver called the meeting to order at 1:23 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
Resolution #22-01-2021, Moved by L. Golden, Seconded by M. Myles
That the content of the agenda be approved as printed. Carried
Adoption of the Minutes
Re: Council Meeting No. 21-20, June 14, 2021
Resolution #22-02-2021, Moved by J. Mielhausen, Seconded by D. Myles
That the minutes of Council Meeting No. 21-20, June 14, 2021 be approved as printed and circulated.
Carried
Public Meeting
1. Public Meeting
Zoning By-law Amendment
File No. Z-2020-043 (Blue Heron)
Mayor McIver stated that members of the public may have a limited ability to appeal the decision if comments have not been provided prior to the decision being made by Council.
Mayor McIver welcomed Jack Van Dorp, Planner with Bruce County Planning, to the meeting via Zoom.
Jack Van Dorp advised that the public meeting being held relates to a proposal to rezone a portion of the property from Planned Development (PD) to a site-specific commercial zone to permit development of a new parking lot. Access to the parking lot will be off Hay Bay Road only and parking space width will be reduced from 3.0m to 2.75m.
Jack Van Dorp proceeded to summarize the planning analysis. He stated that the parking facility is intended to improve parking management as parking is scarce in Tobermory. He noted that the property is a forested lot in Tobermory and the proposed parking area was cleared as part of a forestry project. Staff and Blue Heron/Bruce Anchor proponents agreed to complete an Environmental Impact Study (EIS) to address each project individually and evaluate landscape level impacts. Jack Van Dorp indicated that mitigation measures identified within the EIS can be implemented through a Site Plan Control agreement.
Further, Jack Van Dorp stated that Grey Sauble Conservation Authority (GSCA) is generally satisfied with the findings and mitigation measures within the EIS.
The planner said that the parking areas may result in increased traffic movements in this section of Hay Bay Road and Highway 6. A Traffic Impact Study was completed identifying traffic volumes warranting signalization at the intersection of Hay Bay Road and Highway 6. Jack Van Dorp advised that Ministry of Transportation Ontario (MTO) indicated that intersection improvements are not in their workplan at this time. It was noted that staff should continue to engage with MTO to advance the priority of the intersection work. He also stated that movement will mostly take place via shuttle service.
Deputy Mayor Myles stated that the proposal will increase the number of people in Tobermory.
Councillor Myles commended the proponent and expressed concern with the community level impacts of the parking lots, specifically the large number of parking spaces. She questioned the current number of parking spaces available in downtown Tobermory and within the company parking lots (Bruce Anchor and Blue Heron). She further expressed concerns with the Traffic Impact Study and lack of comment from Saugeen Ojibway Nation (SON).
Genevieve Scott, Cuesta Planning, provided comments regarding both the Blue Heron and Bruce Anchor proposed parking lot developments. She advised that parking in the proposed parking lots will be used for employee, motel, resort, and cruise client parking. She noted that appropriate buffering will be available from adjacent land uses and there is 53 metres between the two new accesses. Genevieve Scott said that the shuttle service will transport customers between the parking lot and docking locations. She said that field work included site inspections with SON and the parking lot designs were completed by the project engineers and biologist. Further, mitigation measures have been identified, and improvements are required at the Hay Bay Road/Highway 6 intersection. She recommended the Municipality contact MTO regarding the needed work at the intersection. Genevieve Scott stated that traffic congestion should decrease with the developments, toilets will be located on site, picnic shelters are being considered, negative impacts can be mitigated, and the Zoning By-law Amendment should be approved prior to the Site Plan Control process.
Genevieve Scott confirmed that Bruce Anchor’s current parking lot has 150 parking spaces. Ashley Salen, Blue Heron, informed that Blue Heron’s parking lot has 300 parking spaces. Ashley Salen stated that customers cannot find parking downtown and their goal is to satisfy tourists coming to their boating vessels.
Councillor Myles suggested deferral of the application until commitment can be received from MTO regarding a traffic signal.
Councillor Golden stated that lack of parking is an issue and Blue Heron and Bruce Anchor are compensating for the Municipality’s lack of parking.
Noreen Steinacher said that she is saddened that this much land is being taken for parking and asked the Municipality to consider converting the downtown to pedestrian only access.
Rob Davis, a resident of Hay Bay, stated that he has concerns with increased traffic flow exiting Hay Bay Road and crossing Highway 6 is difficult.
Scott Fortner, WSP, clarified that a Traffic Impact Study was not completed, rather a review of the traffic at Highway 6 and Hay Bay Road justifying a traffic signal at the intersection. He noted that the parking lots will avoid traffic circulating downtown.
Jack Van Dorp read written comments that were not provided before the agenda deadline:
Glenda Clarke provided comments for both applications (applicable to Blue Heron and Bruce Anchor). She requested that the applications be deferred pending further analysis. She noted that long term planning is needed for Tobermory and further consultation with SON should be arranged.
Bill Caulfeild-Browne’s comments (applicable to Blue Heron and Bruce Anchor) stated that he is concerned that the landscape is being sacrificed to tourists and lack of consultation with the First Nations Community.
Fred and Penny Hellyer’s written submission (applicable to Blue Heron and Bruce Anchor) stated that the company already has a 150-vehicle parking lot which has caused problems. In addition, the new parking lot will make it unsafe for Legion Street and the intersection of Hay Bay Road and Highway 6. He suggested a large parking lot to the south of the village of Tobermory.
Hearing no further public comments, the public meeting was closed.
Councillor Myles presented a motion to defer the application.
Resolution #22-03-2021, Moved by M. Myles, Seconded by D. Myles
That Council defer Zoning By-law Amendment Z-2020-043 as attached.
Defeated
Resolution #22-04-2021, Moved by J. Mielhausen, Seconded by L. Golden
That Council approve Zoning By-law Amendment Z-2020-043 as attached and the necessary by-law be forwarded to Council for adoption pending completion of a site plan control agreement between the owner and the Municipality.
Carried
2. Public Meeting
Zoning By-law Amendment
File No. Z-2020-044 (Bruce Anchor)
Jack Van Dorp indicated that public concerns regarding the Bruce Anchor file are like those presented regarding the Blue Heron file. He stated that the application proposes to rezone a portion of the property from Restricted Rural (RU2) and Planned Development (PD) to a site-specific commercial zone. The new zone would permit 470 new parking spaces with an entrance off Hay Bay Road crossing an unopened road allowance.
Regarding natural heritage features, Jack Van Dorp advised that there are features on the property and the EIS addresses the project and evaluates potential landscape level impacts. He commented that MTO does not have jurisdiction of permitting requirements for this land use and the road allowance that is under claim by SON will be addressed through the Site Plan Control process.
Councillor Myles expressed concern with no comment being provided from SON.
The Clerk and CBO confirmed that the Zoning By-law Amendment will be passed prior to the Site Plan Control Agreement being signed. The Zoning By-law Amendment is scheduled for passage at the July 12, 2021, Council meeting.
Jack Van Dorp informed that the previous written comments read during the Blue Heron public meeting are also applicable to the Bruce Anchor application.
Genevieve Scott, Cuesta Planning, advised that Linda Sober, Biologist, conducted a site inspection of the properties with SON representatives and SON provided no comments or objections regarding access over the unopened road allowance.
Brent Robins, Bruce Anchor, noted that the goal of the proposed parking lot is to provide parking all day for all customers who attend a cruise or stay at a resort property. Brent Robins provided information regarding the tour boat vessel capacity and passenger turnover, etc. He stated that he welcomes mitigations through Site Plan Control.
Jack Van Dorp read a written submission from Peter J. Peter J questioned the benefit of a large parking lot on an overcrowded area. He noted concerns with traffic, the hectic highway, increased noise, and construction/destruction issues.
Jack Van Dorp read a written submission from Gloria Cleveland who expressed concerns with traffic impacts, pedestrian activities, environmental impacts, noise, and garbage.
Councillor Myles presented a motion for deferral.
Resolution #22-05-2021, Moved by M. Myles, Seconded by D. Myles
That Council defer Zoning By-law Amendment Z-2020-044 as attached.
Defeated
Councillor Myles requested a recorded vote.
Mayor McIver stated that he supports the applications based on the completed studies for both applications, satisfaction from GSCA, and approval from the Planning Department.
Resolution #22-06-2021, Moved by J. Mielhausen, Seconded by L. Golden
That Council approve Zoning By-law Amendment Z-2020-044 as attached and the necessary by-law be forwarded to Council for adoption pending completion of a site plan control agreement between the owner and the Municipality.
The Clerk proceeded to call and record the votes of Council:
Councillor Golden: Yes
Councillor Mielhausen: Yes
Councillor Myles: No
Deputy Mayor Myles No
Mayor McIver: Yes
The Clerk announced that the motion was carried. Carried
3. Public Meeting
Fees and Charges By-law
June 28, 2021
There were no public comments noted regarding the proposed Fees and Charges By-law.
4. Public Meeting
Sale and Closing of an Unopened Road Allowance
NBPSL #0001-21
PIN 33106-0331 (LT)
Mayor McIver confirmed that the unopened road allowance being sold by the Municipality is not an original road allowance.
No public comments were recorded.
Resolution #22-07-2021, Moved by L. Golden, Seconded by M. Myles
THAT Council, having received no objections and/or concerns in regards to File No. NBPSL #0001-21, authorizes that the subject lands to been distributed to the five interested abutting property owners for the land described as PIN 33106-0331 (LT), Part Lot 45, 44 Concession 1 WBR (St. Edmunds) as in R88484, R87704, R100400 – Municipality of Northern Bruce Peninsula, be deemed as surplus and offered for sale to the abutted interested property owners in accordance with Policy 2120-20 pertaining to the Sale of Unopened Road Allowance;
And further that the Mayor and Clerk be authorized to execute all additional documents pertaining to the sale and closing up of the specific unopened road allowance. Carried
Delegation
Delegation- Karen Phillips- Tobermory Seniors Association
Request for the Municipality to consider leasing municipal lands, 12 Brock St, for the Association to develop on the lands
Karen Phillips appeared before Council via Zoom on behalf of the Tobermory
Seniors Association. She explained that the goal of the Association is to have affordable housing for long term residents and young families that work in the area who are having difficulty finding suitable accommodations. Karen Phillips stated that there would be numerous benefits to the Municipality if a working partnership was formed with the Association.
Mayor McIver advised that the Municipality has a newly appointed Attainable Housing Task Force and directed the letter/request from Karen Phillips to the Attainable Housing Task Force for review/comment. It was noted that Council can review the minutes of the July 8, 2021, Attainable Housing Task Force meeting once approved by the Task Force then brought to Council for approval in August.
Mayor McIver thanked Karen Phillips for her delegation.
Consideration of Agenda Items
1. GIS/IT Coordinator Report No. GIS 21-01
Re: Health and Safety Policy Statement
Resolution #22-08-2021, Moved by M. Myles, Seconded by D. Myles
THAT Council receives GIS/IT 21-01 report titled Health and Safety Policy Statement, as information; AND
THAT Council endorses the Municipality’s Health and Safety Policy Statement and authorizes the Mayor and Chief Administrative Officer to sign this document; AND
THAT Council recognizes that health and safety in an integral part of our organization’s everyday business;
AND FURTHER THAT it is in the best interest of all to practice proven health and safety principles in all work activities. Carried
2. Public Works Manager Report No. PW 21-08
Re: 2020 Structure Assessment and Strategic Planning Report
The Public Works Manager, Troy Cameron, will provide a staff report listing options and alternatives regarding bridges.
Resolution #22-09-2021, Moved by J. Mielhausen, Seconded by L. Golden
THAT Council receives and discusses Public Works Department Report PW 21-08 as it relates to the 2020 Structure Assessment and Strategic Planning Report as prepared by WSP Canada Inc.;
AND THAT Council, having reviewed and adopted the 2020 Structure Assessment and Strategic Planning Report, considers staff recommendations;
1. That the 4th Concession Bridge, south of Barrow Bay Road (Judges Creek) be replaced as soon as possible, for an estimated cost of $500,000.
2. That the 10th Sideroad Bridge (Judges Creek) be replaced as soon as possible, for an estimated cost of $450,000.
3. That the Spring Creek Bridge, Ira Lake Road, replacement be tendered for in 2022, for an estimated cost of $500,000, with construction in 2023.
4. That the Cherry Hill Road Bridge replacement be tendered for in 2022 or 2023, for an estimated cost of $475,000.
5. That the Isthmus Bay Road Bridge (Swan Lake Drain) be repaired during Phase 3 of the Isthmus Bay Road Reconstruction Project. Repairs include barrier protection, approach barriers and concrete repair
3. Public Works Manager Report No. PW 21-27
Re: Tender PW 2021-04 – Winter Sand
Resolution #22-10-2021, Moved by J. Mielhausen, Seconded by D. Myles
THAT Council receives Public Works Department Report PW 21-27 titled Tender PW 2021-04 – Winter Sand, as information; THAT Council awards the
Winter Sand Tender to Hunter Haulage and Excavating Inc. for the amount of $96,005.00, excluding HST. Carried
4. Community Services Manager Report No. CS 21-17
Re: Tobermory Information Kiosk
Lengthy discussion ensued with respect to the location of the Tobermory Information Kiosk. It was noted that the kiosk is moveable and would be best suited on the south side of the boat launch.
Jacquie Crowley, Tobermory Chamber of Commerce, joined the Zoom meeting and spoke to the Chamber’s preferred locations for the kiosk. She commented that the south side of the boat launch is the most beneficial location in terms of foot traffic. She advised that the lighthouse will be 8 by 8 feet in size and the design is scheduled for completion by the end of July. Jacquie Crowley explained that the current tent that is being utilized is troublesome as bad weather restricts staff from being stationed in the tent.
Ryan Deska, Community Services Manager, stated that the Department of Fisheries and Oceans (DFO) requested Council approval of the project prior to DFO review/approval.
Mayor McIver asked Ryan Deska to work with the Tobermory Chamber of Commerce to determine a suitable location for both parties.
Resolution #22-11-2021, Moved by L. Golden, Seconded by M. Myles
THAT Council receives Manager of Community Services report CS 21-17 Tobermory Information Kiosk
THAT Council approve the Lighthouse Kiosk as designed, AND;
THAT Council recommend the development of a formal agreement outlining the roles, responsibilities and assumptions of liabilities between the parties involved (i.e. Chamber of Commerce, Municipality, DFO, affected landowners (if applicable)), AND;
THAT Council discuss location of the kiosk and provide direction as to where it shall be located between the two locations recommended by staff.
THAT Council recommends the location of the portable lighthouse kiosk be arranged between the Community Services Manager and the Tobermory Chamber of Commerce. Carried
5. Chief Building Official Report No. BD 21-14
Re: Appointment of Building Code Consultant as Building Inspectors
Wendy Elliott, Chief Building Official, indicated that RSM Building Consultants are currently reviewing five building permit applications and are planned to travel to the area twice each week to conduct building inspections. She noted that costs are uncertain at this time and the company will be used on an as needed basis.
Resolution #22-12-2021, Moved by M. Myles, Seconded by D. Myles
That Council approves the appointment of Building Inspectors from RSM Building Consultants to assist the Chief Building Official when necessary for the purposes of enforcement of the Building Code Act and regulations; and
That Council approves the passage of By-law No. 2021-64, being a by-law to appoint a Chief Building Official, Deputy Chief Building Official and Building Inspectors, at today’s meeting. Carried
6. By-law Enforcement Officer Report No. MLEO 21-09
Re: Parking and Congestion at Johnson Harbour Boat Launch Ramp
Resolution #22-13-2021, Moved by M. Myles, Seconded by J. Mielhausen
THAT Council receives MLEO Report No. 21-09 with regards to Parking and Congestion at Johnson Harbour Boat Launch Ramp; and
THAT Council supports the erection of signage similar to the signage at the Gap, Big Tub Road and Grant Watson Drive. Carried
7. By-law Enforcement Officer Report No. MLEO 21-10
Re: Request to open Municipal property known as CON 6 WBR PT LOT 59 PT LOT; 60 RP 3R 206 PART 50 & 51 (former St Edmunds), Zorra Drive
Deputy Mayor McIver expressed that she is in favour of opening the municipally owned property for water access.
Councillor Myles suggested implementing a policy regarding the use of unopened road allowances/property for water access prior to approving additional locations.
Peggy Van Mierlo-West, CAO, stated that Sunset Park is nearby and opening the access to the water at this location may be problematic based on similar past instances.
Resolution #22-14-2021, Moved by D. Myles, Seconded by M. Myles
THAT Council receives MLEO Report No. 21-10 with regards to a request to open
the municipal property is known as CON 6 WBR PT LOT 59 PT LOT; 60 RP 3R 206
PART 50 & 5 (former St. Edmunds),1 Zorra Drive for public access for launching kayaks and or canoes, and
THAT Council requests that residences of the back lots on Ray Drive and Zorra Drive utilize the property known as Sunset Park at 17 Myles Drive to launch kayaks and canoes. Carried
8. Clerk Report No. C 21-35
Re: Appoint a new member to the Attainable Housing Taskforce
Resolution #22-15-2021, Moved by L. Golden, Seconded by D. Myles
That Council appoints eight (8) Attainable Housing Taskforce members; and
That Council endorses the enactment of By-law No. 2021-66 including revised Terms of Reference, being a by-law
to establish and appoint members to an Attainable Housing Taskforce, at today’s regular meeting by appointing the following individuals to Attainable Housing Taskforce for the Municipality of Northern Bruce Peninsula:
1. Esme Batten
2. Dave Ebel
3. Tom McAfee
4. Ashley Salen
5. Hazel Smith
6. Yvette Roberts
7. Karla Trudgen
8. Madelien Sanagan
9. Councillor Laurie (Smokey) Golden
Carried
9. Clerk Report No. C 21-37
Re: Council Correspondence Policy
Cathy Addison, Clerk, stated that the policy clearly lists options for correspondence, such as information correspondence, action or report, or Council direction.
Resolution #22-16-2021, Moved by J. Mielhausen, Seconded by M. Myles
That the Municipality of Northern Bruce Peninsula receive Clerk’s report C 21-37 with regards to a Council Correspondence Policy; and
THAT Council, pending discussions and comments from today’s review, recommends that By-law No. 2021-67, being a by-law to adopt a Council Correspondence Policy for the Corporation Municipality of Northern Bruce Peninsula, as presented, be adopted at the July 12, 2021, Council meeting.
Carried
10. Chief Administrative Officer Report No. CAO 21-23
Re: Appoint Municipal Law Enforcement Officers
Resolution #22-17-2021, Moved by L. Golden, Seconded by M. Myles
THAT Council approves the appointment of Municipal Staff as Municipal Law Enforcement Officers, James Special Services Inc., and 3rd Party Contractors (Commissionaires) employed by Parks Canada as Municipal Enforcement Officers for the Municipality of Northern Bruce Peninsula as follows:
By-law Department: Carol Hopkins, Tim Ainslie, Geoffrey Smethurst
Building Department: Wendy Elliott, Emily McDougall
Public Works Department: Troy Cameron, Jeff Mielhausen
Fire Department: Jack Burt, Brian Finger, Krista Tiernan
James Special Services Enforcement Officers:
Jerry Fluney, Nicole Long, Ryan Preece, Eric Andres, Greta Gilbert, Ryan Jones-Wright, Ashleigh Long, Montana Dverynchuk, Brandy Braun, Adam Jeffery, Julia Perk, Maxwell Demony, Bryce Martin, Stephen Sadlon, Andrew Wilson, Andrea Taylor Cassie Robinson, William Kazarian-Hodder, Tracie Partington, Austyn Squires, Bradley Mulder, Marc Homier, and Amber Donaldson
3rd Party Contractors (Commissionaires) employed by Parks Canada
Glenn McGill, Frank Janknegt, Fred Day, Ghislain Royer, Tim Walter and Shannon Webb
THAT Council will consider the passage of By-law No. 2021- 68 appointing said individuals as Municipal Law Enforcement Officers at today’s Special Council meeting.
Carried
11. Cemetery Committee Minutes
June 23, 2021
Cathy Addison, Clerk, explained that green burials would be challenging in the Municipality as lack of equipment and space pose a challenge for winter burials. She stated that the Cemetery Committee decided to proceed with budgeting for a columbarium in the 2022 Budget.
Resolution #22-18-2021, Moved by M. Myles, Seconded by D. Myles
That Council receives Cemetery Committee minutes dated June 23, 2021 and approves all actions contained therein;
THAT the purchase and installation of a Columbarium in Eastnor Cemetery be further considered in the 2022 Cemetery budget negotiations.
Carried
12. Resolution- Township of Perry
Capital Gains Tax on Primary Residence
Resolution #22-19-2021, Moved by L. Golden, Seconded by M. Myles
That Council receives the attached resolution as information.
Carried
Other Business
Councillor Golden suggested that Council considers implementing regulations/limitations on food trucks in the future. Wendy Elliott, CBO, advised that food trucks are required to be placed on a commercially zoned property, and several other requirements must be fulfilled prior to approval from the Building Department. The CAO stated that business licensing would assist in regulating food trucks and Council will be exploring business licensing in August.
Correspondence
1. Alison J Knight- Unsafe Conditions on Moore Street May 2021- Noted and filed
Resolution #22-20-2021, Moved by M. Myles, Seconded by J. Mielhausen
That the correspondence be received as information as printed and circulated.
Carried
Reading of By-Laws
Resolution #22-21-2021, Moved by J. Mielhausen, Seconded by L. Golden
By-law No. 2021-58
Being a By-law to Authorize an Encroachment Agreement with Miller’s Family Camp Limited
By-law No. 2021-59
Being a By-law to Enter into an Agreement with Comprint System Incorporated doing business as DataFix for the 2022 Municipal Election
By-law No. 2021-64
Being A By-Law to Appoint a Chief Building Official, Deputy Chief Building Official and Building Inspectors for The Municipality of Northern Bruce Peninsula
By-law No. 2021-66
Being a By-law to Establish and Appoint Members to the Northern Bruce Peninsula Attainable Housing Taskforce for the Municipality of Northern Bruce Peninsula
By-law No. 2021-68
Being a By-law to Appoint Municipal Law Enforcement Officers and Property Standards Officers for the Municipality of Northern Bruce Peninsula
By-law No. 2021-70
Being a By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Monday, June 28, 2021
That the listed by-law(s) be given 1st, 2nd, and 3rd reading, and enacted.
Carried
Closed Session
Nil
Adjournment
Resolution #22-22-2021, Moved by D. Myles, Seconded by M. Myles
That the meeting adjourns at 4:24 p.m. Carried
