Members Present: Mayor – Milt McIver, Deputy Mayor – Rod Anderson, Councillor – Todd Dowd, Councillor – Laurie (Smokey) Golden
Members Absent: Councillor – Aman Sohrab
Staff Present: Chief Administrative Officer – Peggy Van Mierlo-West, Clerk – Cathy Addison, Committee/Licensing Coordinator – Lindsay Forbes, Public Works Manager – Troy Cameron, GIS/IT Coordinator – Kara Smith, Chief Building Official – Wendy Elliott, Parks and Facilities Manager – Mark Coleman
Others Present: Senior Development Planner – Jenn Burnett, Thomas Brown
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.
Councillor Golden noted the following “While I do not have a pecuniary interest, I have decided not to participate in any discussion or decision on correspondence #10, on todays agenda as it refers to a company owned by my sibling, and I wish to avoid any perception of conflict, as per the Code of Conduct.”
Approval of the Agenda
It was noted that Delegation #1, Georgian Bay Housing, has postponed their delegation to Council due to the desire to obtain clarification with the organization’s relationship with Bruce County prior to presenting to Council.
#19-01-2023
Moved by Councillor Todd Dowd, Seconded by Deputy Mayor Rod Anderson
That the content of the agenda be approved as amended. Carried
Adoption of the Minutes
Re: Council Meeting No. 23-17, July 10, 2023
Councillor Golden noted that an amendment is required on page 6 of the July 10, 2023, Council meeting minutes to provide clarification on her comments pertaining to the Chi-Cheemaun Festival Financial Report.
#19-02-2023
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Todd Dowd
That the minutes of Council Meeting No. 23-17, July 10, 2023, be approved as amended.
Carried
Public Meeting
Re: Local Official Plan Amendment File No. L-2023-008 and Zoning By-law Amendment File No. Z-2023-030.
Senior Development Planner, Jenn Brunett, appeared in person at the July 24, 2023, Council Meeting
Jenn Brunett provided an overview of Local Official Plan Amendment File No. L-2023-008 and Zoning By-law Amendment File No. Z-2023-030 to members of Council, the following was noted:
· Applications have been submitted to amend the Northern Bruce Peninsula Official Plan by changing the land use designation on the subject lands from ‘Highway Commercial’ to ‘Residential’ and to amend Section 3.1.5 of the Official Plan which does not allow medium density development to be serviced with a private water system and a private septic system. The Northern Bruce Peninsula Zoning By-Law will also be amended to change the zoning of the subject lands from Highway Commercial Special ‘HCM-50-2019a’ to R5 – Residential Zone 5 (Medium Density Multiple Family). The amendments will facilitate the construction of a 12 unit townhouse development with potential for an additional 6 units when full municipal services are available.
· The application proposes:
• One 12 unit, privately serviced townhouse development on 0.75 hectares at 18 Maple Golf Crescent;
• 2 townhouse blocks comprised of six-unit buildings; The units will only be one storey in height;
• Future construction of an additional six unit building when full municipal services become available in the future;
• One 20 m wide internal drive maintained under private ownership;
• One stormwater management swale parallel to Maple Golf Crescent; and
• 6 visitor parking spaces.
· Schedule ‘A’ of the Bruce County Official Plan (BCOP) designates the subject property as ‘Secondary Urban Communities’ and supports a mix of uses including residential development and limited commercial development. The surrounding properties are within the same designation and consist primarily of single detached dwellings. The proposed change is consistent with the intent of the BCOP.
· A hydrogeological assessment was completed and confirmed the property could support onsite sewage disposal for up to 17 single bedroom units. The amendment to permit development on private services is supported by a Servicing Statement authored by the applicant’s engineer. Detailed design will be presented as part of the site plan control review process. It can be concluded that the proposed amendment is consistent with the Provincial Policy Statement 2020.
· Section 2.1 of the PPS 2020 directs that Natural features and areas shall be protected for the long term. The Planning Justification Report submitted by the applicant indicates that during pre-consultation discussions, the County noted that an Environmental Impact Study (EIS) to address natural heritage was not required. A cursory glance at the Natural Heritage Information Centre (NHIC) provincial website identifies that there are no significant woodlands or significant wetlands on the property. Section 4.3.3.1 iii) of the Bruce County Official Plan requires the submission of an EIS for any proposal that is “[i]n, or within 120 metres of, the habitat of threatened or endangered species.” The NHIC provides Species at Risk (SAR) information in 1 sq. km grids. The grid that corresponds to this property identifies the potential presence of SAR. County Planning staff recommend that a letter be received from a biologist confirming the state of SAR on or near the subject property. This can be provided through the site plan control process.
· Given the proximity of the property to the Highway 6 corridor, a traffic impact assessment was conducted by Tatham Engineering. The assessment concludes that the development will not have a substantial impact on the existing road network.
· An archaeological assessment was conducted and the report will not be released until after the Public Meeting. In the absence of the findings of the report, and positive comments from Saugeen Ojibway Nation (SON) it cannot be determined that Section 1.2.2 of the PPS 2020 has been addressed.
It was noted that two pieces of correspondence have been received regarding Local Official Plan Amendment File No. L-2023-008 and Zoning By-law Amendment File No. Z-2023-030, regarding the corresponding affect to water quality and quantity for surrounding properties as well as owner’s intentions with the development.
Once confirmation from the Arch Assessment and MTO comments are received, a report will be presented back to Council.
Mayor McIver opened the meeting to members of the Public at this time.
Planning Consultant, Ron Davidson, appeared in person at the July 24, 2023, Council Meeting and noted that the intention of the development is to provide rental units for seniors. It was noted that housing, and notably housing for seniors, is a critical issue on the Bruce Peninsula.
Ron Davidson provided further clarification on the status of the archeological assessment as well as the review of the property by a Biologist, as recommended by Bruce County. He further noted that the property owner, Adam Robins, intended to construct the dwellings and retain ownership following the completion of the project. It was indicated that the intentions of Mr. Robins are to fill a significant need within the community.
Project Engineer, Laura Swanson, appeared in person at the meeting and noted that a hydrogeological assessment had been completed on the property. The assessment identified that the property could effectively support more units than are proposed within Local Official Plan Amendment File No. L-2023-008 and Zoning By-law Amendment File No. Z-2023-030. It was further noted that stormwater management will be completed with the inclusion of an enhanced grass swale.
Thomas Brown confirmed the need for a development like this in the community.
Mayor McIver closed the public meeting at this time.
#19-03-2023
Moved by Councillor Todd Dowd, Seconded by Deputy Mayor Rod Anderson
Positive comments have not been received from the Ministry of Transportation and Saugeen Ojibway Nation, therefore, it cannot be determined that Official Plan Amendment application L-2023-008 and Zoning By-law Amendment application Z-2023-030 by Escarpment Heights Inc. c/o Adam Robins, are consistent with the Provincial Policy Statement 2020, the County of Bruce Official Plan and the Town of Northern Bruce Peninsula Official Plan.
It is recommended that the Planning Report dated July 24, 2023 for lands described as PL 3M104 BLK 50 and commonly known as 18 Maple Golf Crescent, be received for information.
Carried
Delegation
Georgian Bay Housing, Julie Scarcella
Re: Affordable Housing Concierge Development
The delegation from Georgian Bay Housing has been postponed until further notice as noted in Agenda Item #1, Approval of the Agenda.
Thomas Brown
Re: Potential purchase of the Tobermory Airport
Thomas Brown appeared in person for the July 24, 2023, Council meeting.
Thomas Brown provided an overview of the experience retained by his company regarding the acquisitions and operation of airports within the Hamilton area. He further noted his observed underutilization of the Tobermory Airport as well as the deteriorating condition of the buildings and asphalt.
It was noted that there is currently no means for transient pilots and passengers to travel to Tobermory. It was noted that bicycles were available at the site previously.
Mr. Brown provided Council with potential concepts to incorporate into the location such as a card lock system for fuel, a flight school, and additional entrepreneurial proposals utilized at airports across Ontario. He further noted that the location would remain an airport due to its critical importance with respect to incident response planning and emergency planning for the Municipality of Northern Bruce Peninsula.
Discussions ensued pertaining to a conditional clause to ensure that the property would remain an airport if transfer of ownership were to occur.
Mayor McIver directed the proposal to Chief Administrative Officer, Peggy Van Mierlo-West, for further review.
· It was noted that a report will be brought to Council within the next two months.
Mayor McIver thanked Thomas Brown for his presentation.
Consideration of Agenda Items
1. Public Works Manager Report No. PW 23-23
Re: RFP PW 2023-01 One New Gas half Ton, 4X4 Extended Cab Pick-up Truck
#19-04-2023
Moved by Councillor Laurie (Smokey) Golden, Seconded by Deputy Mayor Rod Anderson
That Council receives PW 23-23 report titled RFP PW 2023-01 One New Gas ½ Ton, 4X4 Extended Cab Pick-up Truck, as information; and
That Council approves the purchase of a 2023 Ford F150 XLT 4×4 Supercrew from Watford Ford Lincoln Inc. in the amount of $54,100.00, excluding HST.
Carried
2. Chief Building Official Report No. BD 23-18
Re: Trailer Agreement
Applicant/Owner (s):Mr. John William Van Broekhoven
Ms. Susan Zaklina Sulja
Con 2 EBR Pt Lot 24 RP 3R896 Part 17, 261 Tammy’s Cove Road, Municipality of Northern Bruce Peninsula, County of Bruce
Assessment Roll No. 41 09 660 002 27320 0000
#19-05-2023
Moved by Councillor Todd Dowd, Seconded by Deputy Mayor Rod Anderson
That the Trailer Agreement requested by Mr. John William Van Broekhoven and Ms. Susan Zaklina Sulja for the property legally described as Con 2 EBR Pt Lot 24 RP 3R896 Part 17; 261 Tammy’s Cove Road (Assessment Roll No. 41 09 660 002 27320 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. Chief Building Official Report No. BD 23-19
Re: Trailer Agreement
Applicant/Owner (s):Ms. Teresa Almeidaon behalf of 12364514 Canada Inc.
Con 5 WBR Pt Lot 5 RP 3R666 Part 3, 93 Whiskey Harbour Road, Municipality of Northern Bruce Peninsula, County of Bruce
Assessment Roll No. 41 09 620 002 11703 0000
#19-06-2023
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Todd Dowd
That the Trailer Agreement requested by Ms. Teresa Almeida on behalf of 12364514 Canada Inc. for the property legally described as Con 5 WBR Pt Lot 5 RP 3R666 Part 3; 93 Whiskey Harbour Road (Assessment Roll No. 41 09 620 002 11703 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
4. Chief Building Official Report No. BD 23-20
Re: Trailer Agreement
Applicant/Owner (s): Mr. Zydrunas Skalskis
Ms. Virginija Skalskiene
Plan 3M257 Lot 3, 56 Trillium Crossing, Municipality of Northern Bruce Peninsula, County of Bruce
Assessment Roll No. 41 09 620 004 16760 0000
#19-07-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden
That the Trailer Agreement requested by Mr. Zydrunas Skalskis and Ms. Virginija Skalskiene for the property legally described as Plan 3M257 Lot 3; 56 Trillium Crossing (Assessment Roll No. 41 09 620 004 16760 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 the date of signing of the Trailer Agreement.
Carried
5. Chief Building Official Report No. 23-21
Re: Trailer Agreement
Applicant/Owner (s):Mr. Steven Anthony Basisto
Ms. Tawnya Jean Basisto
Plan 3M-137 Lot 7 Sec 3M-137 PCL 7-1
27 Bayshore Avenue North, Municipality of Northern Bruce Peninsula, County of Bruce
Assessment Roll No. 41 09 680 004 02233 0000
#19-08-2023
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd
That the Trailer Agreement requested by Mr. Steven Anthony Basisto and Ms. Tawnya Jean Basisto for the property legally described as Plan 3M-137 Lot 7 Sec 3M-137 PCL 7-1 (Assessment Roll No. 41 09 680 004 02233 00000) 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 the date of signing of the Trailer Agreement.
Carried
6. Parks and Facilities Manager Report No. PF 23-05
Re: Lion’s Head Arena Project – Progress Report
#19-09-2023
Moved by Councillor Todd Dowd, Seconded by Deputy Mayor Rod Anderson
That Council receives Parks and Facilities Report PF 23-05 regarding Lion’s Head Arena Project – Progress Report as information.
Carried
7. Clerk Report No. C 23-27
Re: Right of Way known as Tipsy Lane off Indian Harbour Road
#19-10-2023
Moved by Councillor Todd Dowd, Seconded by Deputy Mayor Rod Anderson
That Council receives C-23-27 report to provide background into the Right of Way known as Tipsy Land off Indian Harbour Road; and
That By-law No. 2023-69 be adopted, by Council, to Authorize the Disposal and Conveyance of Right of Way known as Tipsy Lane off Indian Harbour Road Part Lot 47 CON 5 WBR (former St. Edmunds) as in R98513; S/T R270645 & R244615; PIN 33104-0239 LT Municipality of Northern Bruce Peninsula, at the August 14, 2023, regular Council meeting.
Carried
Other Business
Deputy Mayor Anderson inquired regarding 6 parking tickets issued at the Tobermory Anglican Church during the annual yard sale.
Discussion ensued regarding Parking By-laws and correspondence previously received from Municipal Law Enforcement Officer, Carol Hopkins, regarding the event.
It was noted that the Municipality should be notified regarding special events within the area prior to their occurrence to ensure that municipal departments are aware of the associated requirements such as parking and possible arrangements could be established.
Councillor Golden noted that some of the parking machines are not functioning properly.
Chief Administrative Officer, Peggy Van Mierlo-West, noted that Municipal Law Enforcement Officer, Carol Hopkins, is working to resolve the issues.
Deputy Mayor Anderson noted the heightened presence of bears within the Tobermory area.
Discussion ensued regarding the need for more bear bins within the areas and further application of bear-wise precautions.
Councillor Dowd noted that there has been an increase in bear activity within Lion’s Head and Miller Lake as well.
Councillor Dowd noted that education is required regarding Curbside Collection. He further noted that the increased presence of a food source on Sunday nights is attracting wildlife such as bears.
It was noted that garbage is not to be placed at the curbside until Monday morning to ensure that bags do not attract animals prior to collection.
Deputy Mayor Anderson inquired regarding an FOI request concerning the release of a survey.
Clerk, Cathy Addison, noted the following “The Municipality received documentation in 2020 from the Association of Ontario Land Surveyors (AOLS) advising that they believe that plans of survey are protected from release under Section 10 of the MFIPPA and that if plans are released there should be consent from the surveyor involved, as plans of survey are prepared specifically for a client and not for broader distribution. Without understanding the limitations and intended additional uses of the survey, the release of the plans may cause public harm and unnecessary liability for the surveyor(s). The AOLS is of the opinion that a survey prepared and signed by a Professional Ontario Lan Surveyor are largely classed as original works, thus protected under the Copyright Act.”
Deputy Mayor Anderson inquired regarding the recent vandalism at Cabot Head Lighthouse.
Chief Administrative Officer, Peggy Van Mierlo-West, noted that Council should have a discussion regarding Cabot Head Road at the Strategic Planning session in the Fall. She further stated that the Municipality has contacted the Department of Fisheries and Oceans regarding the vandalism at the site.
Correspondence
1. Crime Stoppers of Grey Bruce (Information)
Re: Program Coordinators Q2 Report
2. Bruce County (Information)
Re: Development Charges
3. Susan Capling and Mark McElwain (Information)
Re: Dunks Bay Public Beach Issues over Canada Day Weekend
Council directed correspondence item # 3 to staff for further review.
4. MPP Rick Byers (Information)
Re: Ontario investing in wetland restoration in Saugeen Bruce Peninsula
5. Noreen Steinacher (Information)
Re: Cape Hurd Road
It was noted that the clearing was completed utilizing normal municipal practices.
Council directed correspondence item #5 to staff for further review.
6. Keep the Bruce Clean and Green (Information)
Re: Organization Update
Council directed correspondence item #6 to staff for further review pertaining to signage at the Ferndale Ball Diamond.
7. MPP Lisa Thompson and MPP Rick Byers (Information)
Re: Joint Media Release: Ontario Building Better, More Modern Facilities
8. Resolution – Elgin County (Information)
Re: Amendment to the current regulations for licensed home-based childcare operations to increase allowable spaces
9. Resolution – Municipality of Wawa (Information)
Re: Continuation of OHIP coverage for chronic pain treatments
#19-11-2023
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Todd Dowd
That the correspondence items # 1-9 be received as information as printed and circulated.
Carried
10. Brent Robins (Information)
Re: The Gap
Having declared a conflict of interest, Councillor Golden did not participate in this portion of the Council meeting.
#19-12-2023
Moved by Deputy Mayor Rod Anderson
Seconded by Councillor Todd Dowd
That the correspondence item #10 be received as information as printed and circulated.
Carried
Reading of By-laws
By-law 2023-57
Re: Being a by-law to appoint an Integrity Commissioner for the Corporation of Northern Bruce Peninsula
Councillor Golden returned to the meeting at this time.
By-Law No. 2023-59
Being A By-Law to Set Fees and Charges for The Municipality of Northern Bruce Peninsula
By-law 2023-61
Being A By-Law to Designate Community Improvement Project (CIP) Areas in the Municipality of Northern Bruce Peninsula
By-law 2023-62
Being a By-law to Adopt a Community Improvement Plan (CIP) for the Community Improvement Project Areas in the Municipality of Northern Bruce Peninsula
By-law 2023-65
Being a By-law to Authorize an Automatic Aid Agreement, for the Provision of Fire Protection Services, with Certain Conditions and to Certain Agreed Coverage Areas, with the Chippewas of Nawash First Nation Reserve #27
By-law 2023-66
Being a By-Law to Establish the Retention Periods for Certain Documents and Records to be kept by the Municipality of Northern Bruce Peninsula
By-Law No. 2023-71
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 24, 2023
#19-13-2023
Moved by Councillor Todd Dowd, Seconded by Deputy Mayor Rod Anderson
That the listed by-laws be given 1st, 2nd, and 3rd reading, and enacted.
Carried
Closed Session
#19-14-2023
Moved by Councillor Todd Dowd, Seconded by Deputy Mayor Rod Anderson
That Council move into closed meeting at 2:36 p.m. pursuant to Section 239(2) of the Municipal Act for the following reasons: b) personal matters about an identifiable individual including Municipal or local board members (Formal complaint)
Carried
Reconvene from Closed Session to Resume Council Meeting
#19-15-2023
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd
That Council reconvenes from Closed Session at 3:04 p.m. and resumes the Council meeting.
Carried
Mayor McIver advised that the Council received minutes from July 10, 2023, reviewed the two written complaints with regards to the Fire Department and staff direction was given.
Adjournment
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#19-16-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden
That the meeting adjourns at 3:08 p.m.
Carried
