The Council meeting commenced following the adjournment of Committee of Adjustment Meeting No. 23-01.
Members Present: Mayor – Milt McIver, Deputy Mayor – Rod Anderson, Councillor – Todd Dowd, Councillor – Laurie (Smokey) Golden, Councillor – Aman Sohrab
Staff Present: Chief Administrative Officer – Peggy Van Mierlo-West, Clerk – Cathy Addison, Committee/Licensing Coordinator – Lindsay Forbes, Treasurer – Teresa Shearer, Public Works Manager – Troy Cameron, GIS/IT Coordinator – Kara Smith, Fire Chief – Jack Burt
Others Present: Rob Davis, Terry Lee Milligan, Bev Dywan, Griffin Salen
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 view.
Call to Order and Disclosure of Pecuniary Interest and the General Nature Thereof
Following the adjournment of Committee of Adjustment Meeting No. 23-01, Mayor McIver called the meeting to order at 2:19 p.m. and Council members were reminded to disclose any pecuniary interest and the general nature thereof that may arise during the meeting.
Councillor Golden noted the following “While I do not have a pecuniary interest, I have decided not to participate in any discussion or decision on correspondence item #5 on todays agenda as it refers to a company owned by my sibling and I wish to avoid any perception of conflict, as per the code of conduct.
Approval of the Agenda
#17-01-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden
That the content of the agenda be approved as presented.
Carried
Adoption of the Minutes
Re: Council Meeting No.23-16, June 26, 2023.
#17-02-2023
Moved by Councillor Aman Sohrab, Seconded by Deputy Mayor Rod Anderson
That the minutes of Council Meeting No. 23-16, June 26, 2023, be approved as printed and circulated.
Carried
Public Meeting
Fees and Charges By-law
Clerk, Cathy Addison, noted that no comments were received prior to the July 7, 2023, deadline.
Mayor McIver opened the meeting to members of the public at this time.
No public comments were received at this time.
#17-03-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab
That following Council discussions and should no comments arise with respect to these amendments and/or additions, Council will consider passage of the enacting the Fees and Charges By-law No. 2023-59 at its regular meeting on Monday, July 24, 2023.
Carried
Delegation
Rob Davis, Terry Lee Milligan and Bev Dywan
Re: St. Edmunds Bruce Peninsula Museum – Strategic Plan
Rob Davis, Terry Lee Milligan and Bev Dywan, appeared in person at the July 10, 2023, Council Meeting.
Rob Davis noted that the Museum Committee intends to revise the Strategic Plan for the St. Edmunds Bruce Peninsula Museum, as the current plan has expired.
Rob Davis provided an overview of the current composition of staff, volunteers and resources for the Museum.
Strategic Planning Consultant, Bev Dywan provided an overview of the strategic planning process associated with the creation of a strategic plan for a museum.
It was noted that consultation with the community as well as museum visitors is a critical component in the creation of a strategic plan.
It was noted that an online survey has been created to collect data necessary for the development of a strategic plan for the Museum.
Discussion ensued regarding the addition of hardcopy surveys to the survey distributions locations as some individuals may not be familiar with QR Code requirements.
Mayor McIver thanked Rob Davis, Terry Lee Milligan and Bev Dywan, for their delegation.
#17-04-2023
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Aman Sohrab
That Council supports the distribution of a survey by the Museum Committee and the utilization of Municipal resources for the distribution and advertisement of the survey for updates for the development of an updated strategic plan.
Carried
Tobermory and District Chamber of Commerce, Griffin Salen
Re: Municipal Accommodation Tax (MAT) Expansion
Tobermory and District Chamber of Commerce President, Griffin Salen appeared in person at the July 10, 2023, Council Meeting.
Griffin Salen provided an overview of the perspectives retained by business owners within the Municipality of Northern Bruce Peninsula with respect to the expansion of the Municipal Accommodation Tax (MAT). He further noted that the business owners and the Tobermory and District Chamber of Commerce is requesting a release of a plan for the utilization of the funds generated through the expansion of the MAT prior to implementation.
Discussion ensued pertaining to the utilization of funds generated through the Paid Parking Program and the MAT to date.
It was noted that the funds have been utilized on programs such as By-law Enforcement, infrastructure development, such as sidewalks, and seasonal washroom facilities.
It was noted that approximately 34 areas within Ontario, including the large urban centres, have implemented a MAT to date.
It was noted that the Water and Waste Water Master Plan should be completed prior to the end of July 2023. It was further noted that more information regarding the utilization of funds generated through the Paid Parking Program and MAT for servicing within the Municipality will be provided at this time.
Councillor Golden noted that 2% of the revenue generated through the MAT is transferred to the Tobermory and District Chamber of Commerce for the promotion and improvement of the tourism industry within the Municipality of Northern Bruce Peninsula.
It was noted that the expansion of the MAT Program was previously deferred until January 1, 2024, to ensure the creation of policies and procedures related to the MAT and projects in association with the Tobermory and District Chamber of Commerce.
Chief Administrative Officer, Peggy Van Mierlo-West, noted that the Municipality will request a meeting with the Tobermory and District Chamber of Commerce to obtain further input from the general public.
It was noted that if By-law 2023-51, for the expansion of the MAT, is passed by Council, business owners would not be required to charge the MAT until January 1, 2024. It was further noted that all bookings made prior to January 1, 2024, would be exempt from the MAT.
It was noted that the Tobermory and District Chamber of Commerce will now be recognized as the Tobermory Northern Bruce Peninsula Chamber of Commerce. It was further noted that the board has expanded to include representatives from the whole peninsula.
Discussion ensued regarding ongoing goals and projects of the organization.
Mayor McIver thanked Griffin Salen for his delegation.
Consideration of Agenda Items
1. Public Works Manager Report No. PW 23-22
Re: Judges Creek Bridge Replacement Options (Concession 4 and Sideroad 10)
#17-05-2023
Moved by Councillor Aman Sohrab, Seconded by Deputy Mayor Rod Anderson
That Council receives Public Works Department Report PW 23-22 titled Judges Creek Bridge Replacement Options (Concession 4 and Sideroad 10); and
That Council, having reviewed the Judges Creek Bridge Replacement Technical Memo, accepts the recommended options for replacement for the Sideroad 10 and Concession 4 structures, and
That Council authorizes WSP Canada Inc. to complete the detailed design and preparation of the tender documents for the structure replacements.
Carried
2. Fire Chief Report No. FC 23-05
Re: Automatic Aid Agreement with the Chippewas of Nawash Fire Department
#17-06-2023
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Todd Dowd
That Council receives FC 23-05 report titled Automatic Aid Agreement with the Chippewas of Nawash Fire Department, and;
That Council approves By-law 2023-65 at the regularly scheduled Council Meeting on July 24, 2023.
Carried
3. Chief Building Official Report No: BD 23-15
Re: Trailer Agreement
Applicant/Owner (s):Mr. Richard James Gowman, Ms. Shelley Lynn Gowman
Plan 433 Lot 247, 52 Pedwell Point Drive, Municipality of Northern Bruce Peninsula, County of Bruce
Assessment Roll No. 41 09 680 001 20022 0000
#17-07-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden
That the Trailer Agreement requested by Mr. Richard James Gowman and Ms. Shelley Lynn Gowman for the property legally described as Plan 433 Lot 247; 52 Pedwell Point Drive (Assessment Roll No. 41 09 680 001 20022 0000) Municipality of Northern Bruce Peninsula be approved, 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
4. Chief Building Official Report No: BD 23-16
Re: No Demand for Services Site Plan Control Agreement
Owner: Mr. Terry Michael Ball
Con 12 EBR Pt Lot 40, 85 Wyonch Lane
Assessment Roll No. 4109-660-004-27600-0000
Property Identifier Number (PIN): 33108-0554 (LT)
#17-08-2023
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Aman Sohrab
That, the registration of a No Demand for Services Site Plan Control Agreement requested by Mr. Terry Michael Ball, owner of the property legally described as Con 12 EBR Pt Lot 40 and located at 85 Wyonch Lane, Municipality of Northern Bruce Peninsula be approved.
Carried
5. Chief Building Official Report No. BD 23-17
Re: Trailer Agreement
Applicant/Owner (s):Ms. Karen Kokkelink, Mr. Martin Kokkelink
Plan 433 Lot 248, 46 Pedwell Point Drive, Municipality of Northern Bruce Peninsula, County of Bruce
Assessment Roll No. 41 09 680 001 20023 0000
#17-09-2023
Moved by Councillor Todd Dowd, Seconded by Deputy Mayor Rod Anderson
That the Trailer Agreement requested by Ms. Karen Kokkelink and Ms. Mr. Martin Kokkelink for the property legally described as Plan 433 Lot 248; 46 Pedwell Point Drive (Assessment Roll No. 41 09 680 001 20023 0000) Municipality of Northern Bruce Peninsula be approved, 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
6. Treasurer Report No: TR 23-21
Re: 2023 Chi-Cheemaun Festival Financial Report
Councillor Golden provided a brief overview of the revenue generated through fundraisers which occurred on Chi-Cheemaun Weekend.
It was noted that the financial success of the Chi-Cheemaun Festival is directly related to the involvement of the Owen Sound Transportation Company and the silent auction donations.
Councillor Sohrab thanked all members of the Chi-Cheemaun Festival Committee and all volunteers for their contributions towards the event.
#17-10-2023
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Aman Sohrab
That Council receives Treasurer’s Report TR23-21 regarding the 2023 Chi-Cheemaun Festival revenue and expense report.
Carried
7. Clerk Report No: C 23-25
Re: Requests for Comments NEC
File Number: B/R/2023-2024/131
Applicant: Antoin Diamond, Bruce Trail Conservancy
Owner: Antoin Diamond, Bruce Trail Conservancy
Agent: Cuesta Planning Consultants Inc.
Location: Part Lot 18 and 19, Concession 9 EBR, Municipality of Northern Bruce Peninsula (Lindsay)
410966000319900
#17-11-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab
That Council directs staff to submit the Municipality’s no comments to the Niagara Escarpment Commission (NEC), regarding the Development Permit application submitted by the applicant/owner, Antoin Diamond, Bruce Trail Conservancy on behalf of the agent, Cuesta Planning Consultants Inc. for the property known Part Lot 18 and 19, Concession 9 EBR, Municipality of Northern Bruce Peninsula (Lindsay), County of Bruce is seeking approval to sever a lot for lot addition purposes and undertake the following:
To sever ± 0.06 ha (0.15 ac) from the existing 58.9 ha (145.6 ac) conservation lands owned by the Bruce Trail Conservancy to merge with the abutting 0.15 ha (0.4 acre) lot located to the north-west at 2 Cape Chin North Shore Road for the purposes of a lot addition.
Carried
8. Clerk Report No: C 23-26
Re: Update the Retention Periods By-law
#17-12-2023
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Aman Sohrab
That Council receives C-23-26 report to update the Municipality’s Records Retention By-law; and
That By-law No. 2023-66 be adopted, by Council, to Establish the Retention Periods for Certain Documents and Records to be kept by the Municipality of Northern Bruce Peninsula, at the July 24, 2023, regular Council meeting.
Carried
9. Accounts Payable Voucher
Re: June 2023
#17-13-2023
Moved by Councillor Aman Sohrab, Seconded by Deputy Mayor Rod Anderson
That Council receives approved Accounts Payable Voucher for June 2023, in the amount of $4,432,918.69.
Carried
10. Physician Recruitment and Retention Committee Minutes
Re: April 26, 2023, Meeting
#17-14-2023
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Aman Sohrab
That Council approves Physician Recruitment and Retention Committee minutes dated April 26, 2023, and approves all actions contained therein.
Carried
11. Climate Action and Waste Diversion Committee Minutes
Re: May 9, 2023, Meeting
#17-15-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab
That Council approves Climate Action and Waste Diversion Committee minutes dated May 9, 2023, and approves all actions contained therein.
Carried
12. Cemetery Committee Minutes
Re: June 20, 2023, Meeting
#17-16-2023
Moved by Councillor Todd Dowd, Seconded by Deputy Mayor Rod Anderson
That Council approves Cemetery Committee minutes dated June 20, 2023, and approves all actions contained therein.
Carried
Other Business
Councillor Dowd inquired pertaining to the possibility of a presentation from Hydro One pertaining to the capacity of the electrical grid within the Municipality as well as long-term plans for the grid.
Chief Administrative Officer, Peggy Van Mierlo-West, informed Council that the Municipal Innovation Council (MIC) is currently conducting a study pertaining to electrification of municipal fleets and that the capacity of associated grids will be included within the study.
She further noted that it would be beneficial for Council to have a meeting with Hydro One at the Association of Municipalities of Ontario (AMO) Conference in August 2023.
Deputy Mayor Anderson acknowledged the passing of two previous municipal councillors within the recent weeks.
Council members expressed their condolences to the families of the late John Bainbridge and Lynn Watson and acknowledged their dedication to the Municipality and former St. Edmunds Township.
Correspondence
1. Clean Energy Frontier (Information)
Re: June 2023 Newsletter
2. Grey Sauble Conservation Authority Minutes (Information)
Re: May 24, 2023, Meeting
3. MPP Rick Byers (Information)
Re: Learn and Stay Grant Applications underway in Bruce-Grey-Owen Sound
4. MPP Rick Byers (Information)
Re: Canada and Ontario Increasing Access to High-Speed Internet Service in Bruce County.
#17-17-2023
Moved by Councillor Laurie (Smokey) Golden, Seconded by Deputy Mayor Rod Anderson
That the correspondence items # 1-4 be received as information as printed and circulated.
Carried
5. Bob Blackburn (Information)
Re: GAP Encroachments and Survey
Having declared a conflict of interest, Councilor Golden did not participate in discussions regarding correspondence item #5.
It was noted that Chief Administrative Officer, Peggy Van Mierlo-West has had a meeting with the property owner adjacent to the property known as the Gap.
It was noted that Correspondence Item # 5 will be taken into advisement.
Councillor Golden left the meeting at 3:37 p.m.
Councillor Golden returned to the meeting at 3:38 p.m.
#17-18-2023
Moved by Councillor Aman Sohrab, Seconded by Councillor Todd Dowd
That the correspondence item #5 be received as information as printed and circulated.
Carried
6. Resolution – City of Woodstock (Information)
Re: Highway Traffic Act Amendments
Councillor Golden rejoined the meeting at this time.
#17-19-2023
Moved by Councillor Aman Sohrab, Seconded by Councillor Todd Dowd
That Council supports the following resolution from the City of Woodstock.
“WHEREAS speeding on our roads is a major concern in our community,
AND WHEREAS speeding can occur in all areas of our community,
AND WHEREAS barriers and delays to enforcement pose a danger to our community,
AND WHEREAS our municipality has limited resources to implement speed mitigation road design and re-design,
AND WHEREAS our local police service has limited resources to undertake speed enforcement,
AND WHEREAS s.205.1 of the Highway Traffic Act (HTA) provides that Automated Speed Enforcement systems (ASE) may only be placed in designated community safety zones and school safety zones,
THEREFORE BE IT RESOLVED THAT, the City of Woodstock request that the Ontario Government amend s.205.1 of the HTA to permit municipalities to locate an ASE system permanently or temporarily on any roadway under the jurisdiction of municipalities and as determined by municipalities and not be restricted to only community safety zones and school safety zones;
AND THAT a copy of this resolution be forwarded to the Ontario Minister of Transportation, the Ontario Minister of Municipal Affairs and Housing, Oxford MPP, Ernie Hardeman, the Association of Municipalities of Ontario (AMO) and all Ontario Municipalities.
Carried
7. Resolution – Township of Selwyn (Information)
Re: Short-term Rentals
#17-20-2023
Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab
That Council supports the following resolution from the Township of Selwyn.
Whereas the demand for alternative accommodations has resulted in an increased prominence of residential properties being advertised for short term accommodations through third party companies such as Airbnb and VRBO; a shift from the ‘traditional’ cottage rental historically managed by a property owner; and
Whereas over the past decade a flood of properties have been removed from the ownership and long-term rental market (Canada Research Chair in Urban Governance at McGill University) contributing to housing shortages, increased housing demands and increased housing costs resulting in housing affordability issues, including affordable rentals; and
Whereas short term rentals (STR) can be beneficial, when operated appropriately, by providing solutions for the accommodation industry that supports local tourism and small businesses as well as providing an opportunity for property owners to generate income from their residence (permanent or seasonal) using a convenient third-party system; and
Whereas STR’s can create nuisances including noise, parking, high volumes of visitors attending a property, septic capacity and fire safety, for adjacent residential property owners who wish to experience quiet enjoyment of their property; and
Whereas research indicates that demand for STR’s is increasing, in part due to vacationers choosing domestic travel options as well as the financial benefits to property owners, demonstrating that STR’s are here to stay; and
Whereas there are no Provincial regulations in place governing third party STR companies resulting in a variety of regulations/guidelines being implemented at the local municipal level which creates inconsistencies, confusion and frustrations for both consumers and residents across the Province;
That the Township of Selwyn request that the Province move forward as soon as possible to legislate that all third party Short Term Rental brokerage companies, for example Airbnb and VRBO, appropriately manage and be responsible for their listings and to compel compliance that the Province establish the requirement for STR companies to require each rental listing to be registered and to pay an appropriate annual fee and that STR company provide this registry along with the collected fees to the municipality in which the STR properties are located which allows the municipality to be aware of all registered STR properties and to have access to funds for municipal expenses to enforce/respond to issues at a STR property; and further
That the Province require the STR company to de-list/remove the property from the company’s listings so that the property cannot be rented where a municipality has identified and verified life, health and/or nuisance infractions including noise, fire safety, septic, etc…
Carried
Reading of By-laws
By-law 2023-49
Being a By-law to Amend 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
By-law 2023-67
Being A By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Monday, July 10, 2023
#17-21-2023
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Todd Dowd
That the listed by-laws be given 1st, 2nd, and 3rd reading, and enacted.
Carried
Closed Session
#17-22-2023
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Aman Sohrab
That Council move into closed meeting at 3:41 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, and d) labour relations or employee negotiations, (CAO Performance Review)
Carried
Reconvene from Closed Session to Resume Council Meeting
#17-23-2023
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd
That Council reconvenes from Closed Session at 4:23 p.m. and resumes the Council meeting.
Carried
Following Closed Session, Mayor McIver advised that Council received minutes from June 26, 2023, reviewed the written presentation with regards to the CAO’s annual performance review and direction was given to staff.
Adjournment
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#17-24-2023
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Aman Sohrab
That the meeting adjourns at 4:23 p.m.
Carried
