Municipality Of Northern Bruce Peninsula Council Meeting Minutes December 16, 2019

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MEMBERS PRESENT: Mayor Milt McIver, Deputy Mayor Debbie Myles, Councillor Laurie (Smokey) Golden, Councillor Megan Myles, Councillor James Mielhausen 

STAFF PRESENT: Chief Administrative Officer, Bill Jones, Clerk, Mary Lynn Standen, Deputy Clerk, Cathy Addison, Treasurer, Teresa Shearer, Administrative Assistant, Tessa Swanton, Wilf Barnes, Fire Chief, Troy Cameron, Public Works Manager, Marshall Tigert, Facilities Supervisor

OTHERS PRESENT: Michael Wynia, Skelton Brumwell and Associates Inc., John Haselmayer, Parks Canada, Ethan Meleg, Parks Canada, Amanda Herbert, Bruce County Planning 

DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF

Mayor McIver called the meeting to order at 1:12 p.m. and Council members were reminded to disclose any pecuniary interest and the general nature thereof that may arise during the course of the meeting.

Councillor Myles declared a conflict of interest with respect to Delegation #1 “because I own and manage a tourist accommodation (hostel) in the Municipality of Northern Bruce Peninsula”. 

APPROVAL OF THE AGENDA

Moved by L. Golden Resolution #40-01-2019 Seconded by J. Mielhausen

THAT the content of the agenda be approved as presented. 

Carried

ADOPTION OF THE MINUTES

Re: Council Meeting No. 19-38, December 9, 2019

Moved by D. Myles Resolution #40-02-2019 Seconded by M. Myles 

THAT the minutes of Council Meeting No. 19-38, December 9, 2019 be approved as printed and circulated.

Carried

PUBLIC MEETING

There is no Public Meeting for Council Meeting No. 19-40, December 16, 2019.

Having declared a conflict of interest, Councillor Myles took her place in the audience at this time.

DELEGATION

1. Delegation #1

Skelton Brumwell and Associates Inc., Michael Wynia 

RE: Short Term Accommodation Project in NBP

Michael Wynia, Skelton Brumwell and Associates, appeared before Council to present information on the Short Term Accommodation (STA) project that is underway in Northern Bruce Peninsula (NBP). Mr. Wynia informed Council that the recommendations included in the report are only preliminary and there are many approaches that can be used to regulate STA’s. 

Mr. Wynia presented his findings of best practices and approaches to regulating STA’s. Best practices used in various cities and towns were included in the report for Council’s information. He noted that some municipalities have chosen not to regulate STA’s and some even prohibit STA’s. Mr. Wynia advised that there is the possibility of legal appeals when regulations are put in place. He indicated that he only focused on researching municipalities in Ontario. Mr. Wynia stated that there is the option of using specific by-laws in combination with the Zoning By-law to regulate STA’s. He said that there is no standard approach to regulating STA’s as all municipalities seem to be regulating differently. Mr. Wynia concluded that the main issue of concern is partying which contributes to increased noise and dwelling capacity. 

Survey results were then summarized by Mr. Wynia. Question #1 provided insight as to who survey respondents most identified as: property owners, operators of STA’s, neighbours to STA’s, associated businesses or general members of the public. The data indicated that most respondents were property owners or neighbours to STA’s.

Mr. Wynia stated that Question #2 of the survey suggested that most survey respondents are very unsatisfied or somewhat unsatisfied with how STA’s are currently being operated in NBP. 

Question #3 was an opened ended question and asked respondents to list key opportunities or strengths of STA’s that should be promoted or enhanced. Mr. Wynia revealed that benefits most commonly listed were a benefit to tourism, owners and support for local businesses. 

Question #4 provided insight as to the key issues and concerns survey respondents have with STA’s. Mr. Wynia listed the most common results as noise, fireworks, exceeding dwelling capacity and loss of property enjoyment.

Mr. Wynia advised of the findings from Question #5 where the data showed that 43% of respondents said there should not be areas designated where STA’s are permitted and 57% said there should be areas designated. 

Question #6 suggested that 82% of respondents believe there should be a licensing system used to regulate STA’s. 

Mr. Wynia said that Question #7 showed that respondents generally had no issue regarding enforcement of penalties for infractions.

Question #8 findings were that respondents wanted many aspects of STA’s to be regulated, such as maximum number of occupants, quiet hours, maximum number of rooms and a requirement for septic inspections. Other issues mentioned were a need for more enforcement, to distinguish between cottages and STA’s and owners to be responsible for issues that arise from STA’s. 

Mr. Wynia then informed that Question #9 was an opened ended question where findings concluded that respondents did not want absent landlords, existing zoning should be enforced, tax revenue is lost, new regulations need to be enforced and nuisance and environmental concerns were raised.

Councillor Golden asked Mr. Wynia if he was aware if other municipalities had experienced legal appeals in regards to their implementation of STA regulations. Mr. Wynia said that he was aware of a few; however, it is a risk that you may face appeal when you implement any regulations 

Mr. Wynia then presented his recommendations based on best practices and survey results. He first recommended that a definition of STA’s be created. The definition provided in the report says that STA’s are rented for a period of less than 30 days and do not include bed and breakfast establishments, hotels, motels, lodges or commercially zoned accommodations for the traveling public. The definition is intended to be listed in the Zoning By-law. 

Mr. Wynia also recommended that STA’s be included as a permitted use in certain zones in the Zoning By-law, as they are currently not listed as a permitted use in any zone and therefore are interpreted to be prohibited in this Municipality. He recommended that, in zones where STA’s will not be listed as a permitted use, there be the option to apply for a zoning amendment.

An additional recommendation from Mr. Wynia was that STA’s require a licence by the Municipality to operate. Mr. Wynia went into further detail and presented STA categories as follows: Class A, B and C. Each STA would fall into a category based on maximum number of occupants, number of units, days rented per year and minimum length of stay. Mr. Wynia advised that the STA licence fee is based on the class: $50 for Class A, $250 for Class B and $500 for Class C. Fees are due annually. He also mentioned that a $2,500 deposit is required for Class B and C licence holders and, in the case that a complaint is received, funds will be withdrawn from the deposit in order to pay for the Municipal investigation process. He further said that once your deposit reaches $0 the licence will be revoked with an opportunity to appeal to Council. Mr. Wynia noted that a Municipal Accommodation Tax of 4% be charged to Class B and C licence holders. 

Mr. Wynia recommended that Municipal staff consider the use the Community Planning Permit System (CPPS).

Mr. Wynia also stated that it is recommended that parties, fireworks and outdoor speakers not be permitted on STA properties.

In addition to licences, Mr. Wynia suggested the following requirements:

That STA operators reside on site or have a local manager available at all times;

That all units be posted as an STA unit;

That the operator/manager’s contact information be posted inside and outside the unit and on a public registry maintained by the Municipality; 

Sewage system information must be provided to the Municipality to confirm capacity;

Class B and C licence holders must maintain records of sewage system pump-outs and prove the system has been inspected and pumped out within the last three (3) years; and

Garbage must be stored in an enclosed area except for during garbage collection.

Mr. Wynia recommended that an update on the STA process be sent out in the February tax billing requesting public input on the preliminary recommendations. He also recommended that a public meeting be held at the time of final recommendations.

Councillor Golden questioned the $2,500 deposit process and asked if a fee could be requested rather than the accounts being managed with the deposit fee. 

Mr. Wynia advised that the STA report will be uploaded to the website later this week and public comments can be received up until the end of February.

Mayor McIver thanked Mr. Wynia for his presentation.

Councillor Myles resumed her place at the Council table at this time.

2. Delegation #2

Parks Canada 

RE: Parks Canada Update, Discussion of the Draft Roads Agreement and delegated authority to Park Wardens on Municipal Road Allowances within Bruce Peninsula National Park and Fathom Five National Marine Park

Mayor McIver welcomed John Haselmayer, Parks Canada Superintendent, to the meeting. Mr. Haselmayer stated that he and Parks Canada appreciate the partnership and collaboration they have with the Municipality. He proceeded to introduce other Parks Canada employees that are able to answer questions if needed. 

Mr. Haselmayer began by speaking on the draft Agreement for the Use and Improvements on Municipal Roads. He stated that the Parks Study Area includes portions of Municipal roads and it would be beneficial to work collaboratively to address challenges. Mr. Haselmayer said that both Emmett Lake Road and Little Cove Road are shared access points of the Municipality and Parks Canada, and as there are areas where there is already infrastructure existing on the roadways, there should be documentation in place. He indicated that the Agreement responds to a few items in the Parks Canada Establishing Agreement, noted that Parks should enter into future Agreements with the Municipality, the approval process for work on roads shall be streamlined moving forward allowing for flexibility for future work.

Mr. Haselmayer addressed congestion and safety issues at Little Cove and noted that the Concept Plan for Little Cove developed in 2019 with Municipal Staff finds solutions including a parking area, controlled vehicle access to the shoreline and placement of composting toilets, garbage and recycling bins. 

In regards to Emmett Lake Road, Mr. Haselmayer said that the road provides access for a variety of uses and is owned by the Municipality and Province of Ontario. He mentioned that there are congestion issues on this road and a portable gate system is used to control parking and traffic by Parks Canada. He proposed a kiosk system near the beginning of the road off the Highway in order to better manage traffic and congestion. 

Councillor Golden requested more time to review the draft Agreement.

Councillor Myles agreed that the Agreement is a good tool to address roles and responsibilities of the Municipality and Parks Canada as well as congestion and public safety. She asked how capacity at Little Cove would be managed on long weekends. 

Mr. Haselmayer then presented a timeline of the transition of Fathom Five which depicted a significant growth in tourism occurring since 2016 and that presently there is the need to determine how to appropriately manage the Park. He noted that growth in Flower Pot visitations reflected a 600% increase from 2008 to 2018. 

Mr. Haselmayer spoke on the Visitor Use Management Framework, Flower Pot Island desired states, Big Tub Harbour desired states, renewing Vessel Operating Restriction Regulations and modernizing the business environment. 

Councillor Golden expressed that, as stated in the Parks Canada Establishing Agreement, economic opportunity should be given locally when possible. Mr. Haselmayer responded that the Agreement references local hires for Parks Canada; however, there is a conflicting Federal document that quotes “open to Canada” in terms of hiring/offering. 

Councillor Myles asked Mr. Haselmayer if Parks Canada was intending to extend the Big Tub Harbour Policy. Mr. Haselmayer advised that the Policy is being extended to 2022. 

Councillor Myles also inquired on the timeline in place for consultation on the Visitor Management Strategy and Visitor Use Framework. She recommended to Mr. Haselmayer that Parks Canada and the Municipality collaborate so the Municipality has the opportunity to gain some knowledge on tourism assets in NBP. Mr. Haselmayer informed Council of open house dates and sessions and further that the Parks Canada Advisory Committee is another outlet for public consultation. 

Ethan Meleg, Visitor Experience Manager, provided a brief update on changes in fees at Parks Canada for 2020. Changes included a tier increase to a Level 3 Park, a 2.2% CPI increase and a per person entry fee. Mr. Meleg stated that the per person entry fee is in addition to parking fees and that there is a rate available for adults, seniors, groups and youth 17 and under are free. There is also a fee remaining for Grotto reservations. Mr. Meleg advised that an annual pass is available for purchase and there is still a free local pass existing to those who lived in Tobermory at the time of the signing of the Establishing Agreement or their descendants. 

Mr. Haselmayer informed Council that Parks Canada is establishing a Local Training Committee and requested that a Municipal staff member or member of Council sit on the Committee. Councillor Golden commended Parks Canada on their initiative. Councillor Myles commented on the Committee supporting year-round employees and opportunities. 

Mr. Haselmayer noted that he included a draft letter requesting the Municipality to consider delegating authority to local Park Wardens to address issues that occur on Municipal road allowances within the Parks Canada area. He stated that it would be beneficial to public safety if the Municipality agreed to this request as it can be challenging to receive a timely response from OPP officers during peak times.

Council discussed the request with Mr. Haselmayer and requested that a map showing the open, unopened and shoreline road allowances pertaining to the request be provided. 

Mayor McIver indicated that Mr. Jones, CAO, will prepare a report on Parks Canada’s requests will be included on the January 13, 2020 Council agenda, and further that Council will appoint a Council/Staff member to sit on the Local Training Committee at that time.

Mayor McIver thanked Mr. Haselmayer for the updates. 

There was a break in the meeting at 3:19 p.m. 

The meeting reconvened at 3:23 p.m. 

CONSIDERATION OF AGENDA ITEMS

1. Planning Report

Amanda Herbert, Bruce County Planning 

RE: Zoning By-law Amendment 

Z-35-19.66 Martin c/o Browne

Not yet assigned, Sadler Creek Road 

4109 660 001 32200

Councillor Myles questioned if Council should proceed with the recommendation even though SON has expressed an objection to the proposal and asked Ms. Herbert if she was familiar with similar instances where this has occurred. In response to an inquiry from Councillor Myles, Ms. Herbert advised that she is unaware of any other applications with objections from SON that were approved in NBP during her three (3) years working for Bruce County. From a planning perspective, Ms. Herbert indicated that there is the opportunity for appeal whether or not the rezoning by-law is approved by Council. 

Moved by J. Mielhausen Resolution #40-03-2019 Seconded by L. Golden

THAT Council approves Zoning By-law Amendment Z-35-19.66 as attached and the necessary by-law be forwarded to Council for adoption. Carried

2. Facilities Supervisor Report No. FS 19-16

RE: Tobermory Harbour Fees

Mr. Tigert stated that there was an error in his report in the second paragraph under “Background”, where it should reflect that the “off season rate for dockage at the Tobermory and Lion’s Head Harbour was removed from the 2019 fees and charges because of non-use”. 

Councillor Myles commented on the “budget implications” section being empty and requested to see the last 10 years of occupancy data for the Harbours.

Discussion ensued in regards to an appropriate rate and the following resolution was presented:

Moved by L. Golden Resolution #40-04-2019 Seconded by M. Myles 

THAT Council receives this report regarding the Tobermory Harbour Fees as information, and;

THAT Council directs the Off Season Dockage Rate for Tobermory Harbour to be set at $10.00 per foot in the 2020 Fees and Charges By-law. Carried

3. Public Works Department Report No. PW 19-38

RE: Draft Design of Sign for Parks Canada at Brinkman’s Corners

Moved by L. Golden Resolution #40-05-2019 Seconded by M. Myles 

THAT Council receives Public Works Department Report PW 19-38 and approves the Parks Canada draft sign design and allows Parks Canada to erect the sign on the unopened road allowance north of the intersection at Dyer’s Bay Road and East Road at Brinkman’s Corners, to prevent ATV’s from driving through on the Tobermory Snowmobile Club trail to Parks Canada land. Carried

4. Public Works Department Report No. PW 19-39

RE: Request to Reopen North Shore Barrow Bay EA and to further investigate the possibility of creating private entrances off the proposed re-alignment of North Shore Road

Discussion ensued in regards to an Agreement being signed by landowners prior to proceeding with reopening the environmental assessment (EA). Council also discussed the best option moving forward, a close consensus between property owners, the importance of moving forward with the process if the EA is reopened and the probability of risk in terms of not proceeding.

Moved by J. Mielhausen Resolution #40-06-2019 Seconded by M. Myles 

THAT Council receives PW 19-39 Request to Reopen North Shore Barrow Bay EA and to further investigate the possibility of creating private entrances off the proposed re-alignment of North Shore Road as information and that Council gives direction to budget in 2020 to proceed with Steps 1-3 as set out in the GM BluePlan letter dated June 13, 2019.  Carried

5. Deputy Clerk Report No. DC 19-12

RE: Community Safety & Well-Being Plan Agreement with County of Bruce, County of Grey and Participating Lower Tier Municipalities, including the Municipality of Northern Bruce Peninsula to develop a Joint Community Safety & Well-Being Plan

Moved by D. Myles Resolution #40-07-2019 Seconded by M. Myles 

THAT Council receives Deputy Clerk Report DC-19-12 as information with respect to the Community Safety & Well-Being Plan (CSWBP) Agreement; and

THAT Council, pending discussions and comments from today’s review, recommends that By-law No. 2020-07, to authorize an agreement with the County of Bruce, County of Grey and participating lower tier municipalities, including the Municipality of Northern Bruce Peninsula to develop a Joint Community Safety Well-Being Plan, as presented, be adopted at the January 13, 2020, Council meeting. Carried

6. Clerks Department Report No. C 19-72

RE: Bill 132, Better for People, Smarter for Business Act, 2019 Proposed Repeal of the Line Fences Act, 1990 under Schedule 2 Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) – expression of concern

Councillor Myles recommended that staff consider drafting a fence by-law.

Moved by J. Mielhausen Resolution #40-08-2019 Seconded by M. Myles 

THAT Council receives Clerk Report C 19-72 as information relating to Association of Municipal Managers, Clerk and Treasurers of Ontario (AMCTO) expression of concern on the proposed repeal of the Lines Fences Act, under Schedule 2, as part of the Provincial Government’s Bill 132, Better for People, Smarter for Business Act, 2019 in furtherance of information on this matter set out in Clerk Report C 19-68 dated November 25, 2019. Carried 

OTHER BUSINESS

There is no Other Business for Council Meeting No. 19-40, December 16, 2019. 

CORRESPONDENCE

1. Paul and Jo Trudgen- our experience with garbage tags and concerns- include on Waste Diversion and Management Committee agenda and staff to acknowledge that bag tags are currently not being considered for implementation 

2. John Francis- press for much lower shoulder season pricing for transient slips at Tobermory Harbour- noted and filed 

3. Andrew and Kelly Burgess- request for snow plowing and garbage collection at 9 Sunset Drive

Moved by L. Golden Resolution #40-09-2019 Seconded by D. Myles 

THAT Council refuses a request received from Andrew and Kelly Burgess for snowplowing and garbage collection at 9 Sunset Drive at this time.  Carried 

4. Sebastien Wall- request for the fee to be waived at the Rotary Hall for a performance on Sunday, January 12, 2020

Moved by J. Mielhausen Resolution #40-10-2019 Seconded by L. Golden 

THAT Council approves the request submitted by Sebastien Wall to waive the fees applicable at the Rotary Hall with respect to holding a play on Sunday, January 12, 2020.  Carried 

5. City of Stratford- Letter and Resolution in Support of Conservation Authorities- noted and filed 

READING OF BY-LAWS

Moved by M. Myles Resolution #40-11-2019 Seconded by J. Mielhausen 

THAT the following listed by-laws be given 1st, 2nd and 3rd reading and enacted:

2019-05 BEING A BY-LAW TO ADOPT A VIDEO SURVEILLANCE POLICY FOR THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA

2019-102 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA HELD MONDAY, DECEMBER 16, 2019 Carried

CLOSED SESSION

There is no Closed Session for Council Meeting No. 19-40, December 16, 2019.

RECONVENE FROM “CLOSED SESSION” TO RESUME COUNCIL MEETING

There is no Closed Session for Council Meeting No. 19-40, December 16, 2019.

ADJOURNMENT 

Moved by L. Golden Resolution #40-12-2019 Seconded by D. Myles 

THAT the meeting adjourns at 4:14 p.m. Carried