By John Francis, Bruce Peninsula Press
The long-awaited parking lot “showdown” happened at Northern Bruce Peninsula Council’s July 26 Meeting.
At issue was final approval of Bylaws which would permit the development (subject to Site Plan Control Agreements) of large parking lots on properties belonging to Tobermory’s two largest boat tour operators, Blue Heron Cruises and Bruce Anchor Cruises.
In both cases, Saugeen Ojibway Nation (SON) representatives were consulted on-site on May 24, 2018 and their suggestions about protecting sensitive areas were incorporated into the plans. Both companies had met all conditions specified by county and local planning authorities. In both cases, the municipality had received dozens of letters opposing the parking lots on the grounds that they will increase traffic and congestion. The proponents (including a minority of the letters received) argued that better parking facilities would actually reduce congestion because customers could proceed directly to their parking space, then be transported to the dock in company shuttlebuses — they would not need to drive through town looking for parking and they would not need to cross the highway on foot.
At previous meetings, the proposals had been moved forward by a precarious majority, with Mayor Milt McIver and Councillors Smokey Golden and James Mielhausen voting in favour and Deputy Mayor Debbie Myles and Councillor Megan Myles voting against.
CAO Peggy Van Mierlo-West presented a Report at the July 26 Meeting, which read, in part: “On Tuesday, July 19th, 2021, a meeting was held to further discuss the two proposed parking lots with representatives from SON, Bruce County Planning and Development, Municipal staff and SON Technical Consultants. From that meeting, SON has requested the approval of [these projects] be put on hold until an archeological and ecological assessment is completed…”
Discussion was animated. Councillor Megan Myles likened the situation to the treaty process that disenfranchised SON: “This is exactly what happened 170 years ago and why we have current situation”.
Mayor McIver and Councillor Golden bristled at this characterization, stating repeatedly that there is a process that zoning amendments must follow and that the proponents had satisfied all the conditions of that process. The need for further negotiation with SON could be addressed in a Site Plan Agreement, they contended. “You can’t pick and choose,” Councillor Golden admonished. “This is the process. To the best of my knowledge, Bruce County Planning and MNBP have followed the process.”
Councillor Myles stated that in her opinion, no meaningful consultation had taken place with SON. “You can’t just invite them to the property once and then proceed.” Deputy Mayor Myles agreed: “Why are we at this point in the process when we haven’t had consultation yet?”
Councillor Myles also complained that the Site Plan Control process doesn’t have enough teeth; there are recorded violations with no enforcement.
Deputy Mayor Myles summed up her position: “I would like to see a clear ‘no concerns’ from SON”.
Councillor Mielhausen suggested that SON had their chance in 2018. Councillor Myles disagreed, reiterating her position that SON had not been properly consulted: “If the process is being followed, I think we need a better process” — one that addresses SON’s concerns.
Mayor McIver and Councillor Golden both felt that the municipality has a duty to landowners and businesses — to apply a process that is clear, constructive and transparent: “You can’t pick and choose when to apply a process.”
But in the end, when the Bylaws came up for a vote, Council voted unanimously to defer.
STA Regulation Process Continues
Council voted to move ahead with the process of regulating Short-Term Accommodations. See items 11 (STA Software), 13 (Municipal Accommodation Tax) and 14 (Short Term Accommodation Bylaw) in the Minutes for the July 26 Meeting. Public meetings are being held August 23, 2021 during the regular council meeting.
They also voted to renew agreements with service providers at the arena and to move forward in regulating fireworks (see Minutes for the July 26 Meeting).
Cabot Head Wilderness Trail Raises Concerns
At Council’s July 12 Meeting, a delegation proposed turning Cabot Head Road (currently closed due to washout) into a hiking and cycling trail. The proposal came from a consortium of local charities, all of whom are suffering from the lack of access to Cabot Head: the Bruce Peninsula Bird Observatory needs access to do scientific research and also needs access for the two cabins they rent to fund that research; the Friends of Cabot Head maintain the historic lighthouse but have been unable to access the buildings for four years; the Bruce Peninsula Biosphere Association promotes sustainable tourism and runs a cycling fundraiser every year (The Gravel Gran Fondo) that is based on Cabot Head Road.
The consortium held somewhere over 25 meetings with various groups and stakeholders to hammer out a plan that was agreeable to all. They then applied for a $120,000 Trillium Grant to create the Wilderness Trail.
Council expressed some concerns at the time.
A CAO Report presented at the Aug 9 Meeting summarized staff’s concerns with the proposal.
Noting that staff are stretched very thin at the best of times, CAO Van Mierlo-West asked “How involved do you want staff to be in this?” MNBP has never had to maintain anything like this, so staff are concerned about the amount of effort it would require and would like input from Council. They have concerns about risk management, financial planning, engineering and design — staff does not have expertise in these areas and she would like the group to consult professionals before proceeding.
Councillor Golden shared these concerns and added a few of her own. Is it sustainable? Will the municipality end up being completely responsible? Was that road not built with public funds? Do we have the right to ban traffic? Mayor McIver agreed, noting that there is also a legal risk. He is concerned about the proposal to put staff at both the parking lot south of the village of Dyers Bay and the gate at the beginning of Cabot Head Road. With that and garbage containers, the staffing implications are starting to add up. “I thought they were going to come back to us with a bit of analysis and a forecast. I’m a bit sceptical that they can generate the revenues they expect.” The Mayor also expressed concerns about handicap access and whether moving the trail off the road bed would forfeit the right to the existing wheel-track roadway. Deputy Mayor Myles expressed concerns about the wilderness trail eating into the parking revenues.
Councillor Myles reminded Council that there was a site visit to Cabot Head in 2019 — she thought there was a consensus at that time about a bike/hike trail. “I thought we were all on board.” Councillors Mielhausen and Golden didn’t remember that at all. Councillor Mielhausen pointed out that the road was still fine when they visited.
Councillor Myles forged ahead: it’s not possible to have a rock-solid business case in the middle of a pandemic but the $120,000 Trillium Grant should cover everything they are proposing. Municipal staffing is a wish-list item, not a deal-breaker — the group can easily do it on their own. MNBP hasn’t done trails but “we have a parks and rec department and we have heard loud and clear that people want more bike and pedestrian infrastructure”. She argued that handicapped access should not be a deal-breaker — handicapped people can’t get to the Grotto or many other locations. As to sacrificing access — people haven’t had access for four years. A group of community agencies has come together to keep Department of Fisheries and Oceans (DFO) from tearing down the lighthouse but they need to finish this by the end of the year. We’re not locking ourselves in here — it can always be converted back to a road — but can’t we give them a bit of input? Have they asked for anything we haven’t already discussed?
The CAO recommended that she prepare a further report to Council regarding the project. She suggested that Council review a business plan and noted that the Municipality will require firm approval from the affected property owners. Council agreed.
Staff will be meeting with the proponents in the near future.
Councillor Golden’s Rant: Tobermory Daycare Closes — Again — Due To Flooding
Under “Other Business”, Councillor Golden pointed out that Tobermory Daycare had closed again due to flooding, casting parents back on their own devices for a week at the height of the busy season. It shouldn’t be a surprise, she continued, it keeps happening — this is the second time in three years. We all know the problem — the basement floods every time there’s a big storm.
Councillor Golden can’t understand why we have been unable to move the daycare into a building that’s already there — the empty rooms at St Edmunds Public School. It’s not practical to repair the existing facility — you’d have to tear out the entire floor on the lower level which would be very expensive and would close the facility for months. Our municipality’s role here is to support our community and at the base of the community is access to child care. But you can’t do child care without a kitchen and the kitchen is in the basement where the floods happen. The place is clean as a whistle and well-managed but it needs a proper facility.
Do we need a motion from Council? Do we need to talk to our MPP? We have a building sitting there, almost empty and we can’t get the kids moved there. I have emailed (Bluewater District School Board Chair) Jane Thomson and we thought it was moving through process but you’re dealing with bureaucracy when you deal with the school board. Do we need to take a bunch of kids down to somebody’s office and protest? It just keeps flooding. We’re going to end up losing the daycare, she predicted — people are going to lose confidence.
You have a couple of companies here in Tobermory trying to offer year-round careers for people but how can they move forward under this kind of a cloud? How can you entice people to move here or stay here when you can’t even guarantee reliable child care?
CAO Van Mierlo-West stated that cost estimates are in place for the renovation needed at the school. The municipality has applied for a grant and is waiting for approval. She offered to send an email and bring a response back to Council.
“Can we invite Board Chair Thomson to a Council Meeting?” Councillor Golden wondered. Clerk Cathy Addison pointed out that the Daycare has asked to appear as a delegation at the August 23 Council Meeting.
“Can we push (MPP) Bill Walker?” Councillor Golden wondered. “This is for kids.”
