Members Present: Mayor Milt McIver, Deputy Mayor Debbie Myles, Councillor Laurie (Smokey) Golden, Councillor James Mielhausen, Councillor Megan Myles
Staff Present: Cathy Addison, Clerk, Tessa Swanton, Deputy Clerk, Peggy Van Mierlo-West, Chief Administrative Officer, Kara Smith, GIS/IT Coordinator, Ryan Deska, Community Services Manager, Wendy Elliott, Chief Building Official, Teresa Shearer, Treasurer, Carol Hopkins, Bylaw Enforcement Officer, Troy Cameron, Public Works Manager
Others Present: Nil
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 attend.
Disclosure of Pecuniary Interest and General Nature Thereof
Mayor McIver called the meeting to order at 1:01 p.m. and Council members were reminded to disclose any pecuniary interest and the general nature thereof that may arise during the meeting.
Councillor Myles declared a pecuniary interest “on the STA and MAT by-laws because I own/operate a bed and breakfast/hostel in the Municipality”.
Councilor Mielhausen declared a pecuniary interest on “Public Meetings #1 and 2 as I am a part owner in a STA”.
Approval of the Agenda
Resolution #26-01-2021, Moved by L. Golden, Seconded by D. Myles
That the content of the agenda be approved as printed.
Carried
Adoption of the Minutes
Re: Council Meeting No. 21-25, August 9, 2021
Resolution #26-02-2021, Moved by J. Mielhausen, Seconded by M. Myles
That the minutes of Council Meeting No. 21-25, August 9, 2021 be approved as printed and circulated.
Carried
Public Meeting
Public Meeting
Re: Short Term Accommodations
Draft By-law No. 2021-84
Public Comments Received Below (formed part of agenda package)
1. Martine Emery- STA Public Meeting
2. Linda Lovegrove- STA Public Meeting
3. Wayne Bumstead- STA Public Meeting
4. Glenda Burrell and Simon White- STA Public Meeting
5. Kevin Maione and Lisa Plaxton- STA Public Meeting
6. Kevin Doyle- STA Public Meeting
7. SISKINDS The Law Firm- STA Public Meeting
8. Nathan Lealess- STA Public Meeting
Mayor McIver opened the floor for public comments:
Peggy Van Mierlo-West, CAO, replied to various public comments and concerns regarding the proposed short term accommodation (STA) legislation throughout the Public Meeting. The CAO noted that this is a public consultation, therefore the Municipality did not privately consult with one specific group regarding STAs; the process promotes open and transparent communications for all people and organizations.
1) Nate Fehrman (on behalf of the North Bruce Peninsula Cottage Association STA Group) – spoke in opposition of the proposed legislation. Noted concerns with the Municipality’s unwillingness to speak directly with the STA group, that the consultant did not incorporate feedback from STA owners, that STA owners are being targeted, there are existing by-laws that can address STA complaints, and STA owners are being targeted and punished.
2) Doug Hill – spoke in opposition of the proposed legislation and requested that it be deferred. Voiced concerns with STAs already being regulated on the internet, the Municipality not enforcing existing by-laws, the culture of complaint based governance, bed and breakfast establishments should be included in the STA by-law, and not enough qualifications are required for municipal licence issuers.
3) Nathan Lealess – spoke in opposition of the proposed legislation noted that there are overlaps in existing by-laws and the proposed STA by-law.
4) Paul Forno – spoke in opposition of the proposed legislation. Noted that there are unclear statistics to support the proposed legislation and the draft by-law does not address the problem, the STA fees are too high, previous comments have been disregarded, and STAs should include bed and breakfast establishments. Suggested a collaborative approach to find a solution.
5) Lisa Paxton – spoke in support of the proposed legislation and noted concerns with excessive numbers of people visiting STAs, noise, and partying.
6) Linda Lovegrove – spoke in opposition of the proposed legislation and noted that the draft by-law is complicated and it will be challenging to register 1200 STA properties and conduct fire and septic inspections. She noted that a small registration fee is a good way to obtain information; however, she will stop renting her STA if the legislation is too burdensome.
7) Malcolm Bennett – spoke in support of the proposed legislation and noted that STAs are commercial businesses, noise and trespassing issues are occurring frequently, and licensing is necessary with options to suspend and revoke licences.
8) Anna Pellizzari – spoke in opposition of the proposed legislation and noted that licensing is an additional expense for STA owners, tourists need overnight accommodations, and licensing fees may be warranted but municipal accommodation tax (MAT) should not be implemented.
9) Nate Fehrman – spoke again in opposition of the proposed legislation.
10) Helen Sluis – spoke in opposition of the proposed legislation and suggested a system where the legislation is geared towards each STA situation.
11) Robert Smith – spoke in opposition of the proposed legislation, questioned where municipal accommodation tax (MAT) will be allocated, and commented on environmental aspects that need to be addressed, such as recycling, spring water, etc.
12) Callie Peevers – spoke in opposition of the proposed legislation and noted that there are not enough complaints to warrant an STA by-law, maximum number of occupants per STA should be based on number of bedrooms, STA owners are not opposed to registration at a reasonable fee, and consider limiting the number of STAs within an area.
13) David O’Leary – questioned STAs not being a permitted use in the current Zoning By-law and suggested a referendum available to all ratepayers to determine if the majority of the Municipality is in favour or opposed to the proposed legislation. He noted that Council does not enforce existing by-laws and there are noise problems.
14) Wendy Lee Caron – The CAO read aloud a written submission. Wendy Lee Caron questioned the draft STA by-law, specifically the difference between Class A and B STAs.
15) Peter Owen and Tracy Granger – The CAO read aloud a written submission. Peter Owen and Tracy Granger noted concerns with STAs, noise, and irresponsible renters and STA owners.
16) Doug Hubble – The CAO read aloud a written submission from Doug and Colleen Hubble. Doug and Colleen Hubble noted concerns with STAs, noise, parties, and negative effects on residential areas.
There was a break in the meeting at 2:37 p.m.
The meeting reconvened at 2:39 p.m.
Public Meeting
Re: Municipal Accommodation Tax
Draft By-law No. 2021-83
Public Comments Received Below (formed part of agenda package)
1. Wayne Bumstead- MAT Public Meeting
2. Meg Dow- MAT Public Meeting
3. SISKINDS The Law Firm- MAT Public Meeting
4. Nathan Lealess- MAT Public Meeting
Mayor McIver opened the floor for public comments:
Peggy Van Mierlo-West, CAO, replied to
various public comments and concerns regarding the proposed municipal accommodation tax (MAT) legislation throughout the Public Meeting.
1) Nate Fehrman spoke in opposition of the proposed legislation and noted that it is unfair to target one segment of the tourism industry and the proposed STA fees are still too high. He noted that voices have not been heard during this process.
2) Scott Dickie spoke on the fireworks regulations.
3) Linda Lovegrove spoke in opposition of the proposed legislation and noted that the legislation is discriminating against tourists that are staying in STAs.
4) Nathan Lealess spoke in opposition of the proposed legislation and noted that STAs are tourism infrastructure and implementing the MAT will reduce tourism.
Delegation
Nil
Consideration of Agenda Items
1. Public Works Manager Report No. PW 21-28
Re: Request for Ditch Clean Out – Con 2 EBR Lot 5
Resolution #26-03-2021, Moved by J. Mielhausen, Seconded by M. Myles
THAT Council receives Public Works Department Report PW 21-28 titled Request for Ditch Clean Out – Con 2 EBR Lot 5, as information;
AND THAT Council approves a request from Brian Urbshott for the clean out of the ditch on Pike Bay Road adjacent to lands legally described as Lot 5, Concession 2 East of The Bury Road.
Carried
2. Chief Building Official Report No. BD 21-26
Re: Trailer Agreement
Applicant/Owner (s): Robert James Tracy
Pl 3M104 Lot 6 Sec 3M-104; Pcl 6-1
134 Maple Golf Crescent
Municipality of Northern Bruce Peninsula
County of Bruce
Assessment Roll No. 41 09 680 006 09406
Resolution #26-04-2021, Moved by D. Myles, Seconded by L. Golden
THAT Council recommends approval of the Trailer Agreement requested by the property owners, namely Robert James Tracy for the property legally described Pl 3M104 Lot 6 Sec 3M-104; Pcl 6-1; 134 Maple Golf Crescent (Assessment Roll No. 41 09 680 006 09406) Municipality of Northern Bruce Peninsula.
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. Community Services Manager Report No. CS 21-20
Re: Online Client Management & Booking Platform – Harbours and Campground
Ryan Deska, Community Services Manager, indicated that other booking platforms were investigated and the selected platform was chosen as it has functions to book at the harbours and campground. He stated that the platform is a means of modernizing internal practices and will reduce staff workload associated with bookings.
The CAO confirmed that modernization funds will pay for the software along with revenues from bookings and rentals.
Councillor Golden emphasized the importance of customers being able to interact directly with municipal staff if needed.
Councillor Golden recognized the recent passing of Klaus Roder, a retired and well-respected Tobermory Harbour Master, who showed dedication to the Municipality and Tobermory Harbour.
Resolution #26-05-2021, Moved by M. Myles, Seconded by J. Mielhausen
THAT Council receives Manager of Community Services report CS 21-20 Online Client Management & Booking Platform – Harbours and Campground, for information.
Carried
4. Treasurer Report No. TR 21-17
Re: Funding Agreement – Lion’s Head & District Community Centre
Peggy Van Mierlo-West, CAO, advised that staff will make an announcement and media release regarding the Lion’s Head Arena/Community Centre renovations as the funding agreement has been approved. In addition, staff will meet with various user groups, hold public meetings, and arrange Council meetings with the consultant.
Councillor Myles suggested the use of Bang the Table (Let’s Talk NBP) for the project.
Resolution #26-06-2021, Moved by L. Golden, Seconded by M. Myles
THAT Council receives Treasurer’s report TR21-17 regarding the funding agreement under the Investing in Canada Infrastructure Program (ICIP) Community, Culture and Recreation Stream for the Lion’s Head and District Community Centre and Arena; and
THAT the Municipal share of project costs be funded through the Northern Bruce Peninsula Capital Reserve; and
THAT By-law 2021-88 authorizing the transfer payment agreement be passed at the meeting of August 23, 2021.
Carried
5. Treasurer Report No. TR 21-18
Re: Appointment of Tile Drainage Inspectors
Resolution #26-07-2021, Moved by D. Myles, Seconded by J. Mielhausen
THAT Council receives Treasurer’s report TR21-18 regarding the appointment of Tile Drainage Inspectors for the Municipality; and
THAT By-law 2021-89 appointing the Public Works Manager and the Public Works Supervisor as drainage inspectors be presented and considered for passage on September 13, 2021.
Carried
6. Treasurer Report No. TR 21-19
Re: Application for Tile Loan – 2748304 Ontario Inc.
Teresa Shearer, Treasurer, informed that there is a 6% interest rate on loans at this time.
Resolution #26-08-2021, Moved by L. Golden, Seconded by D. Myles
THAT Council receives Treasurer’s report TR21-19 regarding a Tile Loan application submitted by 2748304 Ontario Inc. to install drainage works on Lot 5, Concession 2 EBR, former Township of Eastnor; and
THAT Council approves the loan application pending funding from OMAFRA.
Carried
7. Clerk Report No. C 21-47
Re: NEC Applicants: Christian and Barbara Von Der Heide
Agent: Mark Smith
Part Lot 19, 20, Concession 8 EBR, 418 Cape Chin Road North
Municipality of Northern Bruce Peninsula (Lindsay), County of Bruce
Roll No.: 410966000309300
File Number: B/R/2021-2022/213
Resolution #26-09-2021, Moved by J. Mielhausen, Seconded by
That Council directs staff to submit the Municipality’s comment to the Niagara Escarpment Commission (NEC), regarding the Development Permit application submitted by the applicant owners Christian and Barbara Von Der Heide, for property known as Part Lot 19,20, Concession 8 EBR, 418 Cape Chin Road North, Municipality of Northern Bruce Peninsula (Lindsay), who is seeking approval to construct and develop the following:
To construct two storey ± 350 m2 (± 3772 ft2) single dwelling (with attached patio) having a maximum height of ± 9 m (± 31 ft);
• To construct a ± 6 m2 (± 65 ft2) covered porch (attached) and a ± 19 m2 (±
200 ft2) covered porch (attached);
• To demolish a two storey ± 382 m2 (± 4116 ft2) existing dwelling having a
maximum height of ± 8 m (± 26 ft);
• To change the use of the existing one storey ± 83 m2 (± 900 ft2) accessory
agricultural structure having a maximum height of ± 6 m (± 20 ft) from
livestock housing to storage and farm office space. To repair and renovate the existing structure (change the exterior, replace roof, and replace floor slab)
• To construct a ± 311 m2 (± 3348 ft2) gravel driveway;
• To decommission existing private sewage disposal system and construct a new private sewage disposal system;
And That Senior Management reviewed the request for comments and expressed the following concern:
• An Engineered soil conditions report
Carried
8. Clerk Report No. C 21-48
Re: Letter from Integrity Commission – Harold Elston dated August 13, 2021 Clarification on Closed Session Meeting Protocol
Resolution #26-10-2021, Moved by M. Myles, Seconded by L. Golden
That Council receives the correspondence from Integrity Commissioner – Harold Elston with regards to closed session meeting protocol as information.
Carried
9. Chief Administrative Officer Report No. CAO 21-35
Re: Electric Vehicle Charging Stations
Considerable discussion ensued regarding level 2 and 3 electric vehicle chargers.
Councillor Myles asked the CAO to compare rates and revenue amounts from different electric vehicle charger providers.
Resolution #26-11-2021, Moved by J. Mielhausen, Seconded by M. Myles
THAT Council receives the report titled Electric Vehicle Charging Stations;
THAT Council approves the installation of Electric Vehicle Charging Stations in principle, AND;
THAT Council directs the CAO to commence negotiations with ChargerQuest, inc. and to present a host agreement for Council to review at a later meeting.
Carried
10. Chief Administrative Officer Report No. CAO 21-36
Re: Municipal Building – Energy Audit
Council discussed energy audits and the CAO indicated that energy audits could be included in the Parks and Recreation Master Plan Request for Proposals (RFP) within the scope of work. Councillor Myles explained the importance of energy audits to the Climate Action Committee’s Climate Action Plan.
The CAO indicated that the energy audits would be conducted for the fire halls, Tobermory and Stokes Bay Community Centres, harbour buildings, Municipal Office, Rotary Hall, and seniors’ centres. Mayor McIver noted that the Lion’s Head Arena/Community Centre would not be included due to planned construction renovations.
The CAO advised that the Parks and Recreation Master Plan Request for Proposals (RFP) will be amended and brought to Council for approval in the next three weeks.
Resolution #26-12-2021, Moved by D. Myles, Seconded by L. Golden
THAT Council receives the report titled Municipal Building – Energy Audit, AND;
THAT the completion of energy audits on municipal buildings be deferred pending discussion and approval within the 2022 Operational budget.
Carried
11. Climate Action Committee Minutes
Re: July 13, 2021
Council briefly discussed incorporating forest management into the Climate Action Committee’s Climate Action Plan and commented that the recent tree harvest at Lindsay Tract Trail promotes a healthier forest.
Resolution #26-13-2021, Moved by M. Myles, Seconded by L. Golden
That Council receives Climate Action Committee minutes dated July 13, 2021 and approves all actions contained therein.
Carried
12. Resolution- Municipality of Chatham-Kent- Supporting Affordable Internet
Resolution #26-14-2021, Moved by L. Golden, Seconded by M. Myles
That Council supports a resolution from the Municipality of Chatham-Kent regarding supporting affordable internet.
Carried
13. Resolution- City of Mississauga- Canada Day 2021 and Compensation to First Nations Children and Their Families
Resolution #26-15-2021, Moved by L. Golden, Seconded by D. Myles
That Council receives the attached resolution as information.
Carried
14. Resolution- Perth County- Relationship with MPAC
Resolution #26-16-2021, Moved by M. Myles, Seconded by J. Mielhausen
That Council receives the attached resolution as information.
Carried
15. Resolution- Municipality of Leamington- Joint and Several Liability Regime
Resolution #26-17-2021, Moved by M. Myles, Seconded by L. Golden
That Council supports resolution C-208-21 from the Municipality of Leamington regarding the joint and several liability regime.
Carried
Other Business
Councillor Mielhausen brought forward a motion for Council to support the installation of a memorial bench in the Stokes Bay area in memory of the late Alex Spurgeon.
Resolution #26-18-2021, Moved by J. Mielhausen, Seconded by L. Golden
That Council supports the installation of a memorial bench in the Stokes Bay area in memory of the late Alex Spurgeon.
Carried
Council discussed concerns with the paid parking program in Lion’s Head. The CAO will prepare a report outlining potential solutions at a subsequent Council meeting.
Correspondence
1. Dale Scott- Speeding on Sandy Beach Road- Action or report- Public Works to reply and report back to Council with a report including speeding data and information will be forwarded to the OPP
2. Brian Urbshott- Request for ditch clean out on Pike Bay Road- Lot 9 Con 1 EBR- Action or report- addressed earlier in the meeting
3. Niagara Escarpment Commission- Streamlined Process for Minor Development Permit Applications- Information
4. Municipal Innovation Council Minutes- June 24, 2021- Information
5. Municipal Innovation Council Minutes- July 15, 2021- Information
6. News Release- Ontario partners with world-class Satellite operator to bring high-speed connectivity across the province- Information
7. Ontario Land Tribunal- OLT Case
Number OLT-21-001054- 43 Sadler Creek Road- Information
8. Grey Sauble Conservation Authority Minutes- June 23, 2021- Information
9. Bruce Peninsula National Park- Request for feedback from Park Advisory Committee members- proposed changes in Big Tub Harbour to improve navigation safety- Council direction- Councillor Golden discussed the proposed changes regarding jurisdiction, control, and need for more information and time for Council to discuss prior to submitting comments- Staff will communicate with the Bruce Peninsula National Park and ask if they will attend a Council meeting as a delegation
Note: Correspondence provided to Council through the Council agenda package will be classified into one of the following sub-categories:
Information Correspondence;
Correspondence to be received and referred to staff for action or report;
Correspondence for Council direction.
Resolution #26-19-2021, Moved by J. Mielhausen, Seconded by M. Myles
That the correspondence be received as information as printed and circulated.
Carried
Reading of By-Laws
Resolution #26-20-2021, Moved by D. Myles, Seconded by J. Mielhausen
By-law No. 2021-85
Being a By-Law to Authorize a Lease Agreement Between Mary Robbins and the Municipality of Northern Bruce Peninsula
By-law No. 2021-86
Being a By-Law to Authorize a Lease Agreement Between Bruce Pro Sports (owned and operated by Rob Kelly) and the Municipality of Northern Bruce Peninsula
By-law No. 2021-88
Being a By-Law to Authorize the Execution of a Transfer Payment Agreement Under the Investing in Canada Infrastructure Program (ICIP) Community, Culture and Recreation Stream (Lion’s Head and District Community Centre and Arena)
By-law No. 2021-91
Being a By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Monday, August 23, 2021
Carried
Mayor McIver advised that Council was moving into closed meeting pursuant to Section 239 (2) of The Municipal Act, 2001, as amended, for the following reasons: b) personal matters about an identifiable individual including municipal or local board members, d) labour relations or employee negotiations (Personnel/Municipal Staffing); e) litigation or potential litigation including matters before administrative tribunals affecting the municipality or local board, and f) advice that is subject to solicitor client privilege including communications necessary for that purpose (Big Tub Harbour Citizens Committee).
Closed Session
Resolution #26-21-2021, Moved by M. Myles, Seconded by J. Mielhausen
That Council moves into closed meeting at 4:23 p.m. pursuant to Section 239 (2) of The Municipal Act, 2001, as amended, for the following reasons: b) personal matters about an identifiable individual including municipal or local board members, d) labour relations or employee negotiations (Personnel/Municipal Staffing); e) litigation or potential litigation including matters before administrative tribunals affecting the municipality or local board, and f) advice that is subject to solicitor client privilege including communications necessary for that purpose (Big Tub Harbour Citizens Committee).
Reconvene from Closed Session to Resume Council Meeting
Resolution #26-22-2021, Moved by M. Myles, Seconded by J. Mielhausen
That Council reconvenes from Closed Session at 5:09 p.m. and resumes the Council meeting.
Carried
Mayor McIver advised that Council received an update from the Municipal Solicitor on potential litigations affecting the Municipality regarding the Big Tub Harbour Citizens Committee and direction was provided to the CAO regarding personnel/Municipal staffing.
Adjournment
Resolution #26-23-2021, Moved by D. Myles, Seconded by L. Golden
That the meeting adjourns at 5:12p.m.
Carried
