Council Brief May 3, 2022

Council Brief

At the Town of South Bruce Peninsula Council meeting held on May 3, 2022 Council acted on the following items:

Public Meeting 

Council held a public meeting to Pass a Zoning By-Law Amendment.  The purpose of the proposed Zoning Bylaw Amendment is to permit a kennel use on the lands as well as to permit to have a 30 metre setback to the property boundary, whereas the Zoning Bylaw requires a 100 metre setback. The lands are located at 610 Huron Road between Red Bay and Howdenvale. If approved, the proposed amendment would facilitate the construction of one kennel building that will be used to operate a commercial kennel use on the lands.  The amending By-Law will be on an upcoming agenda.

Delegations

None

New Business

• Council received report AD20-2022 regarding the new 5-year Economic Brand and Tagline “A Natural Business Environment” which was designed to support the Town’s continued efforts toward economic growth, business investment and talent attraction. The Town’s Economic Development Brand Identity should be applied consistently across all channels including marketing collateral, website, social media etc. It is the way that South Bruce Peninsula becomes recognizable.   Council approved the use of Option A. 

• Council received for information report AD22-2022 regarding Bruce County EMS Lease – Sauble Beach Medical Building. Bruce County EMS now has an ambulance stationed in Sauble Beach 365 days per year. Currently the Ambulance is stationed outside of the Sauble Beach Fire Hall. This is a temporary arrangement until such time a permanent EMS facility can be constructed. It has been confirmed by the Architect that an ambulance bay and staff quarters can be situated within the existing structure, with no need for an addition the building. Having a long term tenant at the Sauble Beach Medical Building will secure lease funding that will help offset the building's capital debenture costs. Council approved the “Letter of Intent to Lease”. 

• Council received for information report AD23-2022 regarding the Short Term Rental Accommodation Program Update.  The STRA program has been operational since November of last year, with the commencement of the registration and licensing process. Applications have been coming in at a steady and consistent pace. There are currently around 175 STRA's licenced or in the process. The STRA monitoring portion of the program has recently begun, wherein staff are actively reviewing rental properties online (via third party software, Harmari STR) and contacting the owners of unlicensed rentals to advise them of the program and the need to register. Council heard concerns regarding the list of STRA addresses being listed publicly on the Town’s website and a request for a reduced rate for multiple properties.  A report will come to Council at the end of the summer to consider any changes to the program. 

• Council received report FS15-2022 regarding Capital Status Update as at April 21^st, 2022. There are 72 active capital projects (2021-82) for a total approved budget of $16,361,768 comprised as follows; 2 Infrastructure projects totaling $8,127,666 that may span two years; 30 projects carried forward from 2021 and prior years totaling $3,492,979; 36 projects approved in 2021 totaling $3,734,011; 4 additional projects approved by Council resolution in 2022 in the amount of $1,007,112. 

• Council received report LS36-2022 regarding Councillor Durst attending the AMO Conference in Ottawa from August 14 to August 17^th, 2022. Council supported Councillor Durst attending the conference. 

• Council received and deferred report LS37-2022 regarding Bill 109 and Delegation of Authority Over Site Plan Control. The Province of Ontario introduced Bill 109, More Homes for Everyone Act, 2022 on March 30, 2022. It was posted on the Environmental Registry of Ontario for public commenting with the commenting period ending on April 29, 2022. The Bill received Royal Assent on April 14, 2022, meaning that it has been signed and enacted as a statute. Unfortunately, the public commenting period was not completed before the Province enacted the legislation. This left many municipalities in a position where they were not able to make comments on the proposed legislation. Bruce County Planning held a meeting with the municipal staff in all of the lower tier municipalities in Bruce County and subsequently compiled a list of comments on the proposed Bill. The Bill was enacted before the comments were submitted - which is the case for many municipalities in Ontario. Bruce County has prepared correspondence which is being forwarded to the Ministry and Premier outlining the disappointment of the County about the manner in which this Bill was enacted without meaningful input from the municipalities who will be affected by the legislation. Bruce County has asked for municipal support for their position on the approval process. The Province of Ontario has been introducing initiatives which will assist in the creation of housing supply, address market speculation and protect homebuyers, owners and renters. To this end, a number of changes to various pieces of legislation (Planning Act, Development Charges Act) are affected by Bill 109 and have direct impact on municipal operations.  

• Council received report LS38-2022 regarding Community Grant Program 2022 Allocation. During the 2022 budget deliberations, Council directed staff to place seven thousand dollars ($7,000) in the 2022 Council grant budget allocation. On April 5, 2022, staff presented a report to Council which included the four applications which were received in response to the call for applications. Having created a checklist and rating criteria, staff reviewed the applications and determined that all four did not meet the criteria! outlined in the policy. Subsequent to Council discussion, Council adopted resolution R-106-2022 deferring any decision on grant awards pending staff's review of the applications with the applicants. Through the 2022 Community Grant Program Council is providing funding to Oliphant Young at Heart (Seniors Activities) in the amount of $1,500.00; Wiarton and District Chamber of Commerce (Deep Water Gallery Advertising) in the amount of $1,000; Wiarton Propeller Club (Youth Activity at Outdoor Education Centre) in the amount of $2,500; and The Governing Council of the Salvation Army in Canada (Hope Springs Community Garden Project) in the amount of $1,000.   

• Council received report PW17-2022 regarding seasonal staff wage grid. At the June 1, 2021, Council passed a recommendation supporting a one (1) year trial, of an increase in the hourly wage of seasonal staff. The increase was funded by the Canada Summer Jobs Grant amount of $38,591.00. Due to the success of the one (1) year trial period staff are recommending that the changes to the seasonal salary wage grid be increased permanently and Council supported the increase. 

• Council received for information report PW18-2022 regarding Youth Ball Hockey League.  Clay Hellyer would like to rent the Wiarton Arena on Tuesday evenings from 6.30pm-8pm for May 17th, 24th, 31st and June 7th. Mr. Hellyer is interested in conducting a Youth Ball Hockey league with all proceeds going to support the breakfast club at the Peninsula Shores District School (PSDS). Mr. Hellyer successfully ran this program in 2021 and would like to continue it as a yearly program.  Council supports issuing a grant to cover the rental rate of the Wiarton Arena in the amount of $240.00. 

• Council received report PW19-2022 Sauble Beach Cleaning Contract. At the April 19^th meeting of Council, Council did not support awarding Tender 22-09 for seasonal cleaning and maintenance of washrooms at Sauble Beach.  The bid price was $79,000 excluding HST. The seasonal cleaning and maintenance of washrooms at Sauble Beach was approved in the 2022 budget in the amount of $40,000.00. The negotiated contract amount of $45,700 plus HST results in a budget shortfall of $6,504 plus any fees for call out fees (unscheduled required maintenance). Staff propose that the shortfall be funded from future surpluses arising from the Sauble Beach Paid Parking program. Council supports the award of the contract for seasonal cleaning and maintenance of washrooms at Sauble Beach to O-Kay Cleaning. 

By-Laws

Council approved the following by-laws: 

By-Law 33-2022 to Set and Levy the Rates of Taxation for the Town of South Bruce Peninsula for the Year 2022. The 2022 operating budget and capital program by-laws were approved by Council on 16th November 2021. The approved tax supported operating budget was $10,903,030. This reflects a municipal tax levy increase of $193,169 (1 .77%) after including the growth in taxation from new assessment of $138,083 (1.27%). The 2022 residential tax rate required for municipal purposes is 0.005574179. The Town also collects taxes for the County and the School Board and as such, all three levies are included in the schedules to the Tax Levy By-law. To be clear, Council is only approving the municipal (local) tax rate with this by-law, even though the supporting schedules include all three levels of property taxation. The schedules are prepared this way to assist ratepayers and enable easy access to the combined rates of tax for each property class. Levy increases due to each level of government are as follows, TSBP 3.038%, County 7.580%, Education 1.310% of which 1.27% is due to the impact of assessment base growth, so net of new growth the levy increases are as follows TSBP 1.768% County 6.310% Education 0.040% . The combined 2022 tax rate for the residential property class is 0.01165952 

By-Law 34-2022 to Amend By-Law 122-2009, as Amended Being the Comprehensive Zoning By-Law for the Town of South Bruce Peninsula (Con 3 WBR Lot 21). Sean Hickey Investments Inc. has requested the removal of the holding symbol from Con 3 WBR Lot 21 in order to allow for the construction of a dwelling. The property is currently vacant and is not assigned a civic address. The property has access and egress by way of an unmaintained municipally owned road allowance. We cannot issue a building permit until the holding symbol is removed. The subject property is currently zoned General Rural Special Holding (RU1-c-H) and Environmental Hazard (EH). The "c" or special designation gives relief from the requirement to have frontage on a Class 1 road. The holding symbol must be removed prior to any further development on the property. The zoning after the removal of the holding symbol would be General Rural Special (RU1-c) and Environmental Hazard (EH). Development would be permitted in accordance with zoning, Building Code and other agency provisions. Removal of the holding symbol does not guarantee that a building permit will be issued. The Zoning By-Law provides that the holding symbol may be removed subject to the owner entering into a Limited Services Agreement with the Town which the limited services on the streets. While the zoning provisions indicate that other such RU1-c-H provisions exist in the same area, a review of the zoning map does not reveal other similar zone provisions on lands in the area. The owner has entered into a Limited Services Agreement with the Town which fulfills the requirements of the zoning for the removal of the holding symbol. 

By-Law 35-2022 to Amend By-Law 122-2009, as Amended Being the Comprehensive Zoning By-Law for the Town of South Bruce Peninsula (Con 6 WBR Pt Lot 6). Dorothy Charette has requested the removal of one of the holding symbols on Con 6 WBR Pt Lot 6 in order to allow for the construction of a dwelling and recognize established development areas. The property is currently vacant and is not assigned a civic address. The property has access and egress by way of a shared easement with frontage on Sunset Drive. We cannot issue a building permit until the holding symbol is removed. The subject property currently has three holding zones imposed. The property is zoned Restricted Rural Special Holding (RU2-57-2021 H1, H2 and H3). Mrs. Charette is desirous of having the holding symbol removed in the H3 zone only. The holding symbols must be removed prior to any further development on the property. The property would continue to have holding symbols in two areas with the third area having a zoning designation of RU2- 57-2021 (Restricted Rural Special). Development would be permitted where the holding symbol has been removed, in the established development envelope and in accordance with zoning, Building Code and other agency provisions. Removal of the holding symbol does not guarantee that a building permit will be issued. The Zoning By-Law provides that the holding symbol may be removed in the H3 zone subject to the owner providing an Environmental Impact Study to the Town which supports the development of the particular area. The owner has provided an Environmental Impact Study which supports development of the area and establishes a building envelope for the development. The Town is satisfied that the submitted Environmental Impact Study fulfills the requirements of the zoning provisions for the removal of the holding symbol in the H3 zone. 

By-Law 36-2022 to Authorize the Mayor and Clerk to Sign a Site Plan Agreement Lakeshore Inn at Sauble Beach Inc. S ½ Lt 16 Pl 355; South Bruce Peninsula PIN 33153-0068 (LT) and LT 8 Pl 355; Pt Lt 17 Pl 355 as in R287633; South Bruce Peninsula PIN 33153-0070 (LT). 

By-Law 37-2022 to Authorize the Mayor and Clerk to Sign an Agreement with 1871506 Ontario Ltd for the Lease of 7 Southampton Parkway as a Municipal Paid Parking Lot. For the past three years, the Town has rented this vacant property and used the lot for Paid Parking. The property can accommodate approximately 50 regular sized vehicles. This lot historically has been used for overflow parking and particularly for oversized vehicle parking. In years prior to COVID, the lot was used more frequently and especially on holiday weekends and during community events. This lot is located just south of the lights on the Southampton Parkway. It can be seen from the main intersection and is the equivalent of four blocks from the beach. 

By-Law 39-2022 to Regulate and Control Speed on Municipal Highways within the Town of South Bruce Peninsula.  This will reduce speed to 30 km on Lakeshore Blvd N from Main Street to Sauble Falls Rd during the period of June 15^th to September 10^th each year. 

Matters of Urgency 

Council supported Mayor Jackson’s matter of urgency regarding the regulation of the speed on Lakeshore Blvd N. Currently, the speed is reduced as of May 1^st to 30 km from 50 km.  This was amended to have the speed reduced from June 15^th to September 10^th. 

Notice of Motion 

Council supported Mayor Jackson’s notice of motion regarding Physician Recruitment and Incentive Program. 

Closed Session 

Council received report AD21-2022 regarding Labour Relations Employee Negotiations – Non Union Staff. This was deferred. 

Council discussed Natural Resources and Forestry v Town of South Bruce Peninsula 2022 ONCA 315 and Council elected to release and make public the closed resolution from April 28^th Special Meeting of Council as follows: 

April 28, 2022 CSR-15-2022 

It was Moved by K. Durst, Seconded by J. Kirkland and Carried 

That the Council for the Corporation of the Town of South Bruce Peninsula has received the ruling in the appeal for Natural Resources and Forestry v Town of South Bruce Peninsula 2022 ONCA 315; 

And further that Council directs staff to advise the Town solicitor that the Town will not seek a further appeal with regard to this matter.

For further information on any of the above items or other items on the agenda, please refer to the meeting agenda package to read the full reports.