Municipality of Northern Bruce Peninsula Council Meeting Minutes September 27, 2021

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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, Carol Hopkins, Bylaw Enforcement Officer (via Zoom), Wendy Elliott, Chief Building Official, Teresa Shearer, Treasurer

Others Present: Emily Morrison, Launch Pad (via Zoom), Bret Shepley, Louise Johnstone, Larry Stevens, and Rob Davis, Tobermory Pickleball, Tennis and Basketball Organization, Nate Fehrman, Northern Bruce Peninsula Cottage Association (via Zoom)

Note: Some members of Council and staff were present in the Municipal Office Council Chamber and the meeting was held both in person and 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 1:00 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 conflict of pecuniary interest Delegation #3, Correspondence Items #1, 2, and 3 and By-laws #1 and 2 (2021-83 and 2021-84) “because I own/operate a B&B/hostel in the Municipality.

Councillor Mielhausen declared a conflict of pecuniary interest Delegation #3, Correspondence Items #1, 2, and 3 and By-laws #1 and 2 (2021-83 and 2021-84) “because I am a part owner in a STA”. 

Approval of the Agenda

Resolution #29-01-2021, Moved by L. Golden, Seconded by M. Myles 

That the content of the agenda be approved as printed. Carried

Adoption of the Minutes

Re: Council Meeting No. 21-27, September 

13, 2021 and Special Council Meeting No. 21-28, September 15, 2021

Resolution #29-02-2021, Moved by D. Myles, Seconded by J. Mielhausen

That the minutes of Council Meeting No. 21-27, September 13, 2021 and Special Council Meeting No. 21-28, September 15, 2021 be approved as printed and circulated.

Carried

Public Meeting

Nil

Delegation

Delegation #1

Emily Morrison, Launch Pad

Re: Launch Pad Youth and Technology Centre Update and Launch of Social Procurement Strategy

Mayor McIver welcomed Emily Morrison with Launch Pad Youth and Technology Centre to the meeting via Zoom.

Emily Morrison presented Launch Pad as a youth centre located in Hanover that offers after school programs to youth 12 to 18 years of age. She stated that the youth can obtain and practice skills in welding, workshop, culinary, technology, music production, and video editing. She stated that the space allows youth to explore their interests and see how their skills can connect them with jobs in our communities.

Launch Pad started a free Podcast, as explained by Emily Morrison, that can be downloaded on various platforms where the youth can conduct interviews. She informed that an ice cream truck was rented this past summer and seven youth were hired to operate the truck and create a business plan.

Emily Morrison explained social procurement and indicated that different products were created during a summer camp and are ready to be sold by Launch Pad, such as park benches, picnic tables, accessible picnic tables, and bike racks. She further stated that the program mitigates youth at risk, helps teach new skills, builds teamwork and safety principles, and shows that the community supports youth and wants them to live locally and contribute to the workforce.

Mayor McIver thanked Emily Morrison for her presentation. 

Councillor Myles questioned if there is an opportunity for the programs to be brought to Northern Bruce Peninsula and collaborate with an existing community group/hub. She also questioned if other Grey Bruce municipalities have updated their Procurement By-laws and/or request for proposals (RFP) processes to reflect social procurement.

Emily Morrison said that her goal is to bring Launch Pad to different communities each with a specialty using a shuttle bus to transport youth. She commented on engagements between the Owen Sound Georgian College campus and municipalities and the Wiarton Salvation Army. 

Councillor Golden commended Launch Pad and said that the program would benefit Northern Bruce Peninsula along with their products, such as accessible picnic tables.

Delegation #2

Bret Shepley, Louise Johnstone, Larry Stevens and Rob Davis

Re: Tobermory Pickleball, Tennis and Basketball Organization

Bret Shepley thanked Council for resurfacing the Tobermory tennis court in 2019 and advised that the resurfacing created a demand for use of the court. Bret Shepley provided an overview of pickleball and presented various requests to Council: reconfigure the existing surface to accommodate four pickleball courts and repair cracks, repair perimeter fence and install windscreens, install two benches, install training wall for pickleball and tennis, install solid barrier to protect against maintenance realities, and install sign indicating playing times. Bret Shepley informed that the requests amount to approximately $40,000 to $50,000.

In terms of demographics utilizing the courts, Bret Shepley noted that pickleball players are largely composed of people 51 to 70 years of age with some interest from youth. Additionally, he indicated that tourists also play pickleball as the environment is inclusive and positive. He stated that the additional courts will allow more people to play, drive tourism, and allow for tournaments in the shoulder seasons.

Bret Shepley presented the group’s Development Camps that are planned for 2022 and advised that the camps have sold out this past August. The camps include Development Camps, Youth Orientation Camps, and Introduction to Pickleball. Further, the Youth Orientation Camp is free of charge as it has been sponsored by the Royal Bank and the goal is to establish a youth pickleball league.

Bret Shepley listed requests to Council for basketball court improvements: expand court size, replace existing asphalt, repair basketball key and half court line, install basketball net, install fencing around the entire court, supply two hockey nets, and install a weatherproof storage container. Basketball court demographics are mostly users ranging from youth to mid-thirties and the court is frequently used during the day. 

Bret Shepley mentioned the physical and mental health benefits of playing pickleball and basketball and noted that an activity plan with Lion’s Head is a goal for the future. 

Councillor Golden commented on the pickleball area, the basketball court requiring improvements due to concrete damage, and a sewer pipe that needs relocating. 

Councillor Myles questioned if other areas could be used for pickleball, such as the Bruce Peninsula District School (BPDS) tennis court and Tobermory Community Centre. Bret Shepley advised that the BPDS gymnasium is unavailable for use this year.

Ryan Deska, Community Services Manager, stated that he will investigate night-time availability for the Tobermory Community Centre. 

Mayor McIver thanked Bret Shepley for his presentation and noted that the requests will be incorporated into the 2022 budget for consideration.

Having declared conflicts of interest, Councillor Myles and Councillor Mielhausen did not participate in the following portion of the meeting.

Delegation #3

Nate Fehrman, Northern Bruce Peninsula Cottage Association (NBPCA)

Re: Proposed Short Term Accommodation (STA) and Municipal Accommodation Tax (MAT) By-laws

Nate Fehrman joined the meeting via Zoom and said that the STA and MAT by-laws should be deferred at today’s meeting, and NBPCA would like to work on a collaborative approach.

Nate Fehrman presented rationale for the STA and MAT by-laws as stated by Skelton Brumwell, Mayor McIver, and Peggy Van Mierlo-West.

Nate Fehrman explained various myths: STA cottages have bylaw infraction issues, STA rentals drive up the cost of real estate, and STA cottage owners do not want regulation. He noted that the incident rate related to bylaw infractions/complaints is extremely low at 0.1%, data is inconclusive, real estate prices are rising across Ontario, and cottage owners are supportive of fair regulation. 

Consultation was discussed by Nate Fehrman. He noted that communication has been minimal and active outreach to the community has been limited to private organizations. He stated that the NBPCA has submitted seven written delegations to Council and expressed concern with rationale within reports and the public survey.

Nate Fehrman stated that Northern Bruce Peninsula should not be compared to Blue Mountains and recommended Lake of Bays and Tiny Township as better comparators and approaches. He commented that the system is targeted against smaller operators and 15 municipalities in Ontario have MAT. 

Nate Fehrman requested that the by-laws be deferred until more research can be completed and a Task Force can be developed to assist in the process. He said that NBPCA will launch the provincial appeal process if the by-laws are adopted. 

Council discussed Nate Fehrman’s presentation including the process being communicated in tax bill mailouts, the Bruce Peninsula Press, and on the municipal website and Facebook page.

Deputy Mayor Myles questioned the number of STAs in the Lake of Bays and Tiny Township. 

Councillor Golden responded to the presentation and said that other accommodations can be included within the MAT by-law in the future, regulation of STA is a priority of ratepayers, consultation has been occurring for years, she is not going to excuse herself from the STA discussions based on a perceived conflict, and enacting the by-laws is in the best long-term interest of the Municipality,

Mayor McIver thanked Nate Fehrman for his presentation.

Councillor Myles and Councillor Mielhausen resumed participation in the meeting at this time.

Consideration of Agenda Items

1. Chief Building Official Report No. BD 21-31

Re: Lift Holding (H) Zone

Ian Miller

Meghan Miller

St Edmund’s Cons 5 and 6 WBR; Pt Lot 15, 22 Scugog Lane

Assessment Roll No.4109 680 001 07300

Resolution #29-03-2021, Moved by M. Myles, Seconded by J. Mielhausen

That Council supports the removal of the Holding “H” zone requested by Ian Miller and Meghan Miller of the property legally described as St Edmund’s Cons 5 and 6 WBR; Pt Lot 15 and located at 22 Scugog Lane, Municipality of Northern Bruce Peninsula;

And That Council will consider approving the passage of By-law No. 2021-95, being a by-law to lift the Holding “H” zone, at its regular Council meeting on Tuesday, October 12, 2021.

Carried

2. Community Services Manager Report No. CS 21-21

Re: Proposed RED Application for Downtown Revitalization Project

Council and staff discussed what is considered a downtown core, involving the Tobermory Chamber of Commerce, the deadline to apply for funding, the salary of the Downtown Revitalization Coordinator, the importance of downtown areas attracting families and workers, opportunity to build capacity for community organizations (formalizing groups so they can apply for funding), and tending to smaller hamlet communities.

Resolution #29-04-2021, Moved by L. Golden, Seconded by M. Myles 

THAT Council receives Manager of Community Services report CS 21-21 Proposed RED Application for Downtown Revitalization Project

AND THAT Council supports the application for RED funding to hire a Downtown Revitalization Coordinator, along with the allocation of $75,000 over two years as the Municipality’s share of the funding, should the Municipality be successful.

Carried 

3. Community Services Manager Report No. CS 21-22

Re: Arena Pro Shop Lease Agreement

Resolution #29-05-2021, Moved by D. Myles, Seconded by L. Golden

THAT Council receives Manager of Community Services report CS 21-22, Arena Pro Shop Lease Agreement 

THAT Council approves the transfer of the lease agreement for the Arena Pro Shop Operations for the Lion’s Head and District Community Centre and Arena from Rob Kelly, Bruce Promotions & Sports, to Dale Waples, Iron League Sports and Promotions, for a 7 month period, September 1, 2021 to March 31, 2022.

Carried

4. Deputy Clerk Report No. DC 21-05

Re: Communication Boards

Resolution #29-06-2021, Moved by J. Mielhausen, Seconded by M. Myles 

That Council receives Deputy Clerk Report DC 21-05 titled Communication Boards as information;

And that Council supports installing communication boards generously donated by Families for Autism Grey Bruce at the Lion’s Head Beach Park and downtown Tobermory area and/or other locations as appropriate.

Carried

5. Climate Action Committee Minutes 

Re: August 10, 2021

Council and staff discussed Canvas Strategy Consulting Group’s (Will Meneray) involvement in the Climate Action Committee and the CAO presenting a report to Council on energy audits after reviewing the budget for 2022.

Resolution #29-07-2021, Moved by J. Mielhausen, Seconded by L. Golden

That Council approves Climate Action Committee minutes dated August 10, 2021 and approves all actions contained therein. Carried

6. Waste Management and Diversion Committee Minutes

Re: June 17, 2021

Councillor Myles noted that the Committee is working on writing articles for the Bruce Peninsula Press. 

Resolution #29-08-2021, Moved by D. Myles, Seconded by M. Myles 

That Council approves Waste Management and Diversion Committee minutes dated June 17, 2021 and approves all actions contained therein. Carried

Other Business

Councillor Myles commented on damage to the Lion’s Head Harbour from the recent storm and questioned if a plan is in place for repairs and preventing/reducing future damage.

Ryan Deska, Community Services Manager, advised that the boats have been removed from the Lion’s Head Harbour and docks will also be removed to assess and repair damage. He stated that he is unsure if funding assistance will be provided by the Department of Fisheries and Oceans (DFO). 

Deputy Mayor Myles said that the streetlight at the corner of Joseph and William Street needs replaced.

Deputy Mayor Myles questioned when business licensing will be in place. The CAO will prepare a report for the October 12, 2021 Council meeting.

Correspondence

Having declared conflicts of interest, Councillor Myles, and Councillor Mielhausen did not participate in the following portion of the meeting.

1. SISKINDS The Law Firm-Short Term Accommodations Comments on Draft By-law(s)- STAs and MAT- Information 

2. Michael Jaworski- Request for Property Owner Consultation and Deferral- STA and MAT By-laws- Information

3. Rebecca and Dave Patterson- Opposition to STA Regulations and Request for Deferral of STA and MAT By-laws- Information

Councillor Myles and Councillor Mielhausen resumed participation in the meeting at this time. 

4. Parks Canada, Ethan Meleg- Answers to Councillor Questions- Parks Canada Big Tub Harbour Proposed Changes- Information 

5. Grey Sauble Conservation Authority- Board Meeting Highlights- August 25, 2021- Information

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 #29-09-2021, Moved by D. Myles, Seconded by L. Golden

That the Correspondence Items #1-3 be received as information as printed and circulated. Carried

Resolution #29-10-2021, Moved by L. Golden, Seconded by J. Mielhausen

That the Correspondence Item #4 be received as information as printed and circulated. Carried

Resolution #29-11-2021, Moved by M. Myles, Seconded by D. Myles

That the Correspondence Item #5 be received as information as printed and circulated. Carried

Reading of By-Laws

Having declared conflicts of interest, Councillor Myles, and Councillor Mielhausen did not participate in the following portion of the meeting.

The Clerk read aloud the description of By-law 2021-83. 

Resolution #29-12-2021, Moved by D. Myles, Seconded by L. Golden

That the listed by-law(s) be given 1st, 2nd, and 3rd reading, and enacted.

By-law No. 2021-83

Being a By-law to Impose a Transient Municipal Accommodation Tax Within the Municipality of Northern Bruce Peninsula Carried

The Clerk read aloud the description of By-law 2021-84. 

Resolution #29-13-2021, Moved by D. Myles, Seconded by L. Golden 

That the listed by-law(s) be given 1st, 2nd, and 3rd reading, and enacted.

By-law No. 2021-84

A By-Law to Establish a By-law to Manage Short Term Accommodations for the Municipality of Northern Bruce Peninsula Carried

Councillor Myles and Councillor Mielhausen resumed participation in the meeting at this time.

Resolution #29-14-2021, Moved by J. Mielhausen, Seconded by M. Myles 

That the listed by-law(s) be given 1st, 2nd, and 3rd reading, and enacted.

By-law No. 2021-92

Being a By-Law to Authorize an Alternative Voting Method, Being Telephone and Internet Voting, for the 2022 Municipal Election and School Board Elections in The Corporation of The Municipality of Northern Bruce Peninsula 

By-law No. 2021-97

Being a By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Monday, September 27, 2021  Carried

Closed Session – Nil

Reconvene from Closed Session to Resume Council Meeting – Nil

Adjournment 

Resolution #29-15-2021, Moved by D. Myles, Seconded by L. Golden

That the meeting adjourns at 2:55 p.m. Carried