Revised Agenda
The Blue Mountains, Council Meeting

Meeting #:

Date:

Monday, November 20, 2023

Time:

9:30 A.m. - 5:30 P.m.

Location:

Town Hall, Council Chambers and Virtual Meeting

32 Mill Street, Thornbury, ON

Prepared by: Corrina Giles, Town Clerk

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A.

Call to Order

A.1

Traditional Territory Acknowledgement and Moment of Reflection

We would like to begin our meeting by recognizing the First Nations, Metis and Inuit peoples of Canada as traditional stewards of the land.  The municipality is located within the boundary of Treaty 18 region of 1818 which is the traditional land of the Anishnaabek, Haudenosaunee and Wendat-Wyandot-Wyandotte peoples.

A.2

Approval of Agenda

• Recommended (Move, Second)

  THAT the Agenda of November 20, 2023, be approved as circulated, including any items added to the Agenda.

A.3

Declaration of Pecuniary Interest and general nature thereof

NOTE:  In accordance with the Municipal Conflict of Interest Act and the Town Procedural By-law 2023-62, Council Members must file a written statement of the interest and its general nature with the Clerk for inclusion on the Registry.

A.4

Previous Minutes

• Recommended (Move, Second)

  THAT the Council minutes of October 30, 2023, Special Meeting of Council minutes of October 31, 2023, November 7, 2023, November 9, 2023 and November 14, 2023 be adopted as circulated, including any revisions to be made. 

B.

Deputation / Presentations

Under the authority of the Municipal Act, 2001 and in accordance with Ontario’s Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), The Corporation of the Town of The Blue Mountains wishes to inform the public that all information including opinions, presentations, reports and documentation provided for or at a Public Meeting, Public Consultation, or other Public Process are considered part of the public record. This information may be posted on the Town’s website and/or made available to the public upon request.

B.1

Tim Lanthier, CAO, Grey Sauble Conservation Authority

Re: Grey Sauble Conservation Authority 2024 Draft Operating and Capital Budget

B.2

Doug Hevenor, CAO, Nottawasaga Valley Conservation Authority

Re: Nottawasaga Valley Conservation Authority 2024 Draft Budget and Program Overview

B.3

Sonya Reichel, Executive Director, Georgian Triangle Humane Society

Re: Request for consideration for annual pledge through Council budget process to fund new Georgian Triangle Humane Society animal centre 

B.4

Robert Johnston, Resident and Director, Northeast Grey Health Clinics

Re: Concerns regarding access to local Primary Health Care and request for Council funding for physician recruitment

B.5

Tom Kennedy, Treasurer, Thornbury/Beaver Valley Lions Club

Re: Request for Council support for funding the Club Service Trailer

B.6

Dan Skelton, President and COO, Blue Mountain Resorts

Re: Update to Council regarding Proposed Employee Housing and Scenic Gondola Base Lodge

B.7

Peter Franklyn, Resident

Re: Concerns regarding Follow-up Report to Georgian Hills Vineyard Noise By-law Relief Requests 2023, FAF.23.164

B.8

Kailey Sutton, Lawyer, McMillan

Re: Letter of support regarding Court of Revision and Drainage Act Appeal Notice of Settlement and By-law, PDS.23.125 and By-law

C.

Public Comment Period

NOTE: In accordance with the Town Procedural By-law 2023-62 any person may provide comments during the Public Comment Period at a Council Meeting, regarding Town matters. Each person providing comments during a Public Comment Period shall be limited to not more than three minutes. The Clerk or a countdown clock shall alert the speaker when they have one minute remaining to address Council. Each person shall provide their name and address, and is required to address their comments to the Chair. Comments shall not refer to personal, litigation or potential litigation matters, or be in response to matters that have been the subject of a Public Meeting, it being noted that the verbal commenting period has ended. Written correspondence may still be received in response to matters that have been the subject of a Public Meeting.  If a person is unable to personally attend the meeting, or during any period where an emergency has been declared to exist in the municipality, they shall provide their Public Comments in writing to the Clerk in advance of the meeting for the Clerk to read on behalf of the author during the Public Comment Period.

D.

Adoption of Consent Agenda

D.1

Correspondence

• Recommended (Move, Second)

  THAT Council receives the correspondence listed as Agenda items D.1.1 to D.1.10, less any items requested for separate review and discussion, and further does support the Staff recommendation made with regard to the Correspondence items, including any additional direction given to Staff through discussion, with an appropriate Staff action or response awaited for report back to Committee or Council, where indicated.

D.1.1

Sarah Beveridge, Chair, Thornbury Business Improvement Area Board

Re: Request Appointment of Marco Santaguida to the Thornbury Business Improvement Area Board, 2022-2026 Term of Council
(For Council Consideration)

D.1.2

Town of Collingwood

Re: Town of Collingwood Resolution and Correspondence to the Ministry of Economic Development, Job Creation and Trade regarding Small Business Enterprise Centre (SGB SBEC)
(For Council Consideration)

D.1.3

Township of Essa

Re: Council Resolution of Support regarding Provincial and Federal Supports for Drinking Water Plant Expansion
(Receive For Information)

D.1.4

Doug Measures, Mayor, Township of Clearview

Re: Correspondence to Hon. Paul Calandra, Minister of Municipal Affairs and Housing, Re: Request for Provincial Appointee for Housing Task Force
(Receive For Information)

D.1.5

Anton Kacinik, Manager Regulatory Applications, Enbridge

Re: Ontario Energy Board File No. EB-2023-0196, 2024 Federal Carbon Pricing Program Application
(Receive For Information)

D.1.6

Colin Travis, Travis and Associates

Re: Comments on Blue Vista Part Block 119
(Receive For Information)

D.1.7

Committee of Adjustment

Re: Notice of Decision and Right to Appeal Application Number A45-2023
(Receive for Information) 

D.1.8

Committee of Adjustment

Re: Notice of Decision and Right to Appeal Application Number A46-2023
(Receive for Information) 

D.1.9

Committee of Adjustment

Re: Notice of Decision and Right to Appeal Application Number A47-2023
(Receive for Information) 

D.1.10

Murray Costello, Director, Southeast Region Operations, Enbridge Gas Inc.

Re: Consultation on the future of natural gas expansion and home heating affordability
(For Council Consideration)

D.2

Committee and Board Minutes

(Received for Information)

• Recommended (Move, Second)

  THAT Council of the Town of The Blue Mountains receives the Committee and Board minutes included on the November 20, 2023 Council Agenda, for information, less any items pulled for separate discussion.

D.2.1

Thornbury Business Improvement Area Board Minutes dated June 7, 2023

D.2.2

Thornbury Business Improvement Area Board Minutes dated July 5, 2023

D.2.3

Thornbury Business Improvement Area Board Minutes dated September 6, 2023

D.2.4

Thornbury Business Improvement Area Board Minutes dated October 4, 2023

D.2.5

Committee of Adjustment Minutes dated September 20, 2023

D.2.6

The Blue Mountains Public Library Board Minutes dated September 21, 2023

D.2.7

Grey Sauble Conservation Authority Board Minutes dated September 27, 2023

D.2.8

Grey Sauble Conservation Authority Board Highlights dated October 25, 2023

D.2.9

Nottawasaga Valley Conservation Authority Board Highlights dated October 2023

D.2.10

Agricultural Advisory Committee Minutes dated September 14, 2023

D.2.11

Committee of Adjustment Minutes dated October 18, 2023

D.3

Committee Reports

With the adoption of the Committee Reports included on the Consent Agenda, all Recommendations found within the Committee Report(s) are approved by Council, as recommended, less any items requested for separate review and discussion.

• Recommended (Move, Second)

  THAT the recommendations found within the Committee Reports included on the November 20, 2023 Council Agenda are approved by Council, as recommended, less any items requested for separate review and discussion.

D.3.1

Committee of the Whole Report dated November 6, 2023

D.3.2

Committee of the Whole Report dated November 7, 2023

E.

Motions and Staff Reports

E.1

Drainage Tribunal – Notice of Settlement and By-Law, PDS.23.125

• Recommended (Move, Second)

  THAT Council receive Staff Report PDS.23.125, entitled “Drainage Tribunal – Notice of Settlement and By-Law”;

  AND THAT Council enact a By-Law to provide for the maintenance and extension of the Blue Mountain Outlet Diversion Drain and Ford Outlet Drain in the Town of the Blue Mountains.

E.2

Appointment of Councillor to Grants and Donations Committee

• Recommended (Move, Second)

  THAT (one Councillor) is appointed as the second Council representative to the Grants and Donations Committee for the 2022-2026 term of Council.

E.3

Response to Request from Council Regarding Delegate Attendance at COP28, FAF.23.179

• Recommended (Move, Second)

  THAT Council receive Staff Report FAF.23.179, entitled “Response to Request from Council Regarding Delegate Attendance at the COP28”;

  AND THAT Council consider this report and provide input to the Mayor no later than November 27, 2023;

  AND THAT Council be advised that an additional Frequently Asked Question (FAQ) document will be provided to Council and the public at the November 20, 2023 Council Meeting directly related to this report.

F.

By-laws

F.1

By-law to provide for the maintenance and extension of Blue Mountain Outlet Diversion Drain and Ford Outlet Drain

• Recommended (Move, Second)

  THAT By-law No. 2023-79, being a By-law to provide for the maintenance and extension of the Blue Mountain Outlet Diversion Drain and Ford Outlet Drain in the Town of The Blue Mountains and that the engineer's report by adopted, the costs of the extension of the Drainage Works as set forth in the engineer's report be borne entirely by the petitioners Parkbridge Lifestyle Communities Inc., McPherson Builders (Blue Mountains) Limited, and Eden Oak (Trailshead) Inc., and that the implementation of the works be secured through an agreement prepared by the Town's solicitor, be hereby enacted as passed this 20th day of November, 2023.

F.2

By-law to provide a schedule of retention periods for the records of the Corporation of the Town of The Blue Mountains

• Recommended (Move, Second)

  THAT By-law No. 2023-80, being a By-law to provide for a schedule of retention periods for the records of the Corporation of the Town of The Blue Mountains as set out in Schedule A of the By-law and repealing 2022-18, be hereby enacted as passed this 20th day of November, 2023.

G.

New and Unfinished Business

G.1

Grey County Council Update (Mayor, Deputy Mayor)

G.2

Notice of Motion (Council)

G.2.1

Deputy Mayor Bordignon Notice of Motion regarding Tree Preservation By-law

Deputy Mayor Bordignon provided the following Notice of Motion at the October 10, 2023 Council Meeting. In accordance with Procedural By-law 2023-62 the Notice of Motion requires a mover and seconder to be put before Council. 

NOTE:  This Notice of Motion was referred to the November 20, 2023 Council Meeting, from the October 30, 2023 Council Meeting.

• Recommended (Move, Second)

  WHEREAS Section 135 of Ontario’s Municipal Act states a municipality may prohibit or regulate the destruction or injuring of trees. Individual or single tree bylaws are designed to mitigate future damage of privately owned trees due to private construction and excavation projects;

  WHEREAS the Town of The Blue Mountains recognizes that its trees are virtually important to the social and economic wellbeing of the community and its people. Trees create an aesthetically pleasing environment, while instilling a sense of community stability and history;

  WHEREAS provincial direction to increase density in existing neighbourhoods and create more affordable housing, such as second suites, within existing properties has raised the question of protection of individual trees on residential lots;

  BE IT RESOLVED THAT The Town of The Blue Mountains develop a Tree Program – A program designed to enhance the appearance of the municipality and further the welfare of the residents by the planting, maintenance, protection and preservation of public trees, including the establishment and implementation of the master tree plan and the specifications;

  BE IT RESOLVED THAT Council of The Town of The Blue Mountains through its direction that Town employees continue to be responsible for the planting, maintenance and removal of trees located on Town streets and other municipally owned lands. The Council will preserve existing and established new trees on all suitable Town property and encourage the same type of management on privately and institutionally owned lands. These activities will be directed towards a goal of providing a permanent canopy of healthy trees throughout the Municipality;

  BE IT RESOLVED THAT The Town of The Blue Mountains form a tree bylaw standards sub-committee that includes representatives from Town Staff and Council, the Land Development community, the Agricultural community, the Professional consulting community and the TBM Tree Trust to review and update tree protection standards, explore additional community partnerships and incentive programs, such as grants, and educational programs to plant more trees on private land;

  BE IT RESOLVED THAT any ecological offsetting referenced will not be required for woodlands that are plantations managed for the production of fruits, vegetables, nuts, Christmas trees, nursery stock or tree products, agricultural or horticultural use or for woodlands identified smaller than 0.5 hectares;

  BE IT RESOLVED THAT Town Staff develop a bylaw that captures the above Tree Program that will prevent clear cutting for development, and will include any residential property regardless of lot size if that property is subject to private construction or excavation projects or where a building permit has been applied for any property within the municipality (i.e., entrance permit, building permit, pool permit or any building related activity);

  BE IT RESOLVED THAT that any property in the municipality that are identified as agricultural or horticultural operations including those that are managed for the production of fruits, vegetables, nuts, Christmas trees, nursery stock, firewood or tree products shall forever be exempt from this bylaw.

G.2.2

Councillor Porter Notice of Motion regarding Clear Cutting By-law

Councillor Porter provided the following Notice of Motion at the October 10, 2023 Council Meeting. In accordance with Procedural By-law 2023-62 the Notice of Motion requires a mover and seconder to be put before Council.  

NOTE:  This Notice of Motion was referred to the November 20, 2023 Council Meeting, from the October 30, 2023 Council Meeting.

• Recommended (Move, Second)

  THAT as part of the Official Plan Review Phase 2 Process, Council directs staff to create and embed policy language in the Official Plan for the purpose of managing the tree canopy and controlling clear cutting on vacant settlement land which can be developed for residential purposes. This language in the Official Plan will also be underpinned by an Ecological Offsetting Policy through a Clear-Cutting bylaw and/or with the Community Planning Permit System (CCPS);

  AND that to address the clear cutting of trees on land zoned or zoning applications for development, Council also directs staff to require an Arborist Report, Tree Inventory, Tree Preservation Plan and Tree Compensation/Replacement Plan with all planning application submissions. Tree Compensation /Replacement Plans will be required in the planning application process until an Ecological Offset Policy is developed and implemented by means of a bylaw as stated above.

G.2.3

Councillor Hope Notice of Motion regarding Licensing Appeals Committee

Councillor Hope provided the following Notice of Motion at the November 6, 2023 Committee of the Whole Meeting. In accordance with Procedural By-law 2023-62 the Notice of Motion requires a mover and seconder to be put before Council.

• Recommended (Move, Second)

  WHEREAS there is a Licensing Appeal Committee required by Town by-laws;

  THERFORE Council directs staff to develop a report on the options that Council may consider for the composition of this Committee.

G.2.4

Councillor Ardiel Notice of Motion

Councillor Ardiel provided the following Notice of Motion at the November 6, 2023 Committee of the Whole Meeting. In accordance with Procedural By-law 2023-62 the Notice of Motion requires a mover and seconder to be put before Council.

NOTE: Councillor Ardiel has withdrawn this Notice of Motion.

G.2.5

Councillor Maxwell Notice of Motion regarding Enhancing Citizen Engagement and Inclusivity in the Town

Note: Councillor Maxwell provided the following Notice of Motion at the November 6, 2023 Committee of the Whole Meeting. In accordance with Procedural By-law 2023-62 the Notice of Motion requires a mover and seconder to be put before Council.

• Recommended (Move, Second)

  WHEREAS the municipality is an essential governmental structure within the Province of Ontario, purposefully established to represent its citizens;

  AND WHEREAS meaningful engagement with municipal government and elected officials is paramount, yet the current formalized settings may unintentionally lead to the marginalization of some citizens and favor others, thereby creating barriers to full participation;

  AND WHEREAS the Town of The Blue Mountains is a community of communities that possesses unique characteristics that distinguish it from other municipalities while also sharing commonalities.

  THEREFORE BE IT RESOLVED THAT acknowledging the aforementioned issues and with a firm commitment to advancing the principles of inclusivity, transparency, accountability, trust, and democratic engagement, whereby the voices of the citizens are not only heard but actively considered;

  THAT Council of the Town of The Blue Mountains directs staff to reinstitute regular meetings between residents and Council members in various parts of the community, like "Meet the Mayor" meetings held prior to Covid and not unlike similar councils are practicing in other municipalities . It is suggested that the attendance from Council can be at least two at each meeting allowing for an equal chance for the public and council members to participate;

  AND THAT it is also suggested that, if appropriate and feasible, representation of the provincial government, upper-tier municipalities and conservation authorities also be invited to attend;

  AND THAT staff are urged to seek collaborations with service clubs, not-for-profits organizations , individuals, and private enterprise to act as hosts and sponsors for these engagements,  thereby fostering a regular and respectful dialogue throughout the year without undue financial burden on our constituents;

  AND THAT such measures aim to ensure that all citizens are provided with equitable opportunities to engage with their municipal government, thereby enhancing the democratic process and nurturing a more inclusive community within the Town of The Blue Mountains

  AND THEREFORE Council is encouraged to:

  1. Direct pertinent municipal staff to conduct a comprehensive investigation into and subsequently develop strategies to promote informal settings for interaction between elected officials of the Town of The Blue Mountains, and where feasible, representatives of upper-tier municipalities and conservation authorities, with the citizens they serve.
  2. Seek collaborations with service clubs, non-profit organizations, individuals, and private enterprises to act as hosts and sponsors for these engagements, thereby fostering a regular and respectful dialogue throughout the year without imposing an undue financial burden on our constituents.

  Such measures aim to ensure that all citizens are provided with equitable opportunities to engage with their municipal government, thereby enhancing the democratic process and nurturing a more inclusive community within the Town of The Blue Mountains.

G.2.6

Councillor Maxwell Notice of Motion regarding Louisa Street Trees

Councillor Maxwell provided the following Notice of Motion at the November 6, 2023 Committee of the Whole Meeting. In accordance with Procedural By-law 2023-62 the Notice of Motion requires a mover and seconder to be put before Council.

• Recommended (Move, Second)

  WHEREAS the residents of the Town of the Blue Mountains have expressed substantial concerns regarding the proposed reconstruction of Louisa Street, specifically between Elma Street and Bruce Street, and these concerns notably include the potential removal of historic and significant trees, some of which may be remnants of the Tree Planting Act of 1883—a legislative effort under the Department of Agriculture to promote tree planting along roadways and street boulevards;

  AND WHEREAS historical context reveals a rich heritage since the initial contact with local First Nations, the arrival of surveyor Charles Rankin, and settlers like Solman Olmstead of Burritt Rapids. The separation of Thornbury from Collingwood has led to substantial urban development, including the introduction of municipal utilities, paved roads and social and business enterprises.  Louisa Street and its neighbourhood history also ranged from merchants making their way to Bruce Street, students off to school,  troops making their way to foreign wars,  visiting foreign  dignitaries  and people with grocery bags from the store on Elma Street. All speaking to the building of neighbourhood character;

  AND WHEREAS the community, along with municipal staff, recognizes the necessity for improvements on Louisa Street, particularly in areas such as tree preservation, sewer and water upgrades, traffic flow, underutilized parking, walkable community development, and financial impacts.

  THEREFORE, BE IT RESOLVED THAT Council of the Town of The Blue Mountains directs municipal staff to:

  1. Explore alternative servicing methods, such as utilizing Lorne Street to provide access for residents off Elma Street, considering a single-lane, one-way residential traffic corridor with built-in traffic calming measures and a sidewalk.
  2. Collaboratively engage with the Thornbury BIA to develop strategies that enhance foot traffic from municipal parking lots to Louisa Street, and to assess the BIA's willingness to share certain costs that would be mutually beneficial.
  3. Ensure that, as of this motion, no contract has been finalized nor have final engineering designs been approved. Any potential savings identified should be reallocated towards enhancing municipal parking facilities and promoting walkable communities.
  4. That the residents and others are concerned with the overall plan to remove all trees and change the grade of the embankment, which will affect the town’s image as being a steward of the environment.
  5. That the Town investigate alternative servicing methods, exemplified by Lorne Street, to serve residents off Elma Street, explore single lane narrow street with built-in calming measures and sidewalks;
  6. Review reports  CSOPS.20.040 and CSOPS.20.049 concerning design 3A

  AND THAT this motion is proposed in the interest of balancing historical preservation, community concerns, and sustainable urban development, ensuring that any actions taken are in alignment with the shared values and goals of the Town of The Blue Mountains.

G.3

Additions to Agenda

G.4

News and Celebrations

H.

Closed Session

• Recommended (Move, Second)

  THAT, with regard to subsection 239 of the Municipal Act, 2001, this Council does now move into closed session in order to address matters pertaining to:

  1. litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and with regard to an Ontario Land Tribunal Matter;
  2. litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and with regard to a development matter;
  3. a proposed or pending acquisition or disposition of land by the municipality or local board, and with regard to the municipality's inventory of land; and
  4. personal matters about an identifiable individual, including municipal or local board employees and with regard to the CAO Performance Review.

  Council moved into closed session at ____p.m.
  Council moved into public session at ____p.m.

H.1

Closed Session Reporting Out Statement

I.

Notice of Meeting Dates

Council, Public Meeting, November 21, 2023
Town Hall, Council Chambers and Virtual

Committee of the Whole Meeting, November 27, 2023
Finance, Administration, Fire Services, Community Services
Town Hall, Council Chambers and Virtual

Committee of the Whole Meeting, November 28, 2023
Operations, Planning and Development Services
Town Hall, Council Chambers and Virtual

Council Meeting, December 18, 2023 (Note: The December 11, 2023 Council Meeting was rescheduled to December 18, 2023 due to scheduled A/V upgrades in Council Chambers)
Town Hall, Council Chambers and Virtual

Council, Public Meeting, December 19, 2023 (Note: The December 12, 2023 Council, Public Meeting was rescheduled to December 19, 2023 due to scheduled A/V upgrades in Council Chambers)
Town Hall, Council Chambers and Virtual

J.

Confirmation By-law 

• Recommended (Move, Second)

  THAT By-law No. 2023-81, being a By-law to confirm proceedings of the Council of The Corporation of the Town of The Blue Mountains on November 20, 2023 be hereby enacted as passed this 20th day of November, 2023.

K.

Adjournment

• Recommended (Move, Second)

  THAT this Council does now adjourn at (time) p.m. to meet again December 18, 2023 Town Hall, Council Chambers and Virtual, or at the call of the Chair.