Municipality of Northern Bruce Peninsula Council Meeting Minutes August 14, 2023

395

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, GIS/IT Coordinator – Kara Smith, Parks and Facilities Manager – Mark Coleman

Others Present: Public Works/GIS Summer Student – Liam Hoepp

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

Mayor McIver called the meeting to order at 1:40 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 stated the following, “While I do not have a pecuniary interest, I have decided not to participate in any discussion or decision regarding correspondence item #8 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

#20-01-2023

Moved by Councillor Laurie (Smokey) Golden, Seconded by Deputy Mayor Rod Anderson

That the content of the agenda be approved as presented.

Carried

Adoption of the Minutes

Re: Special Council Meeting No. 23-18, July 24, 2023

#20-02-2023

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That the minutes of Special Council Meeting No. 23-18, July 24, 2023, be approved as printed and circulated.

Carried

Re: Council Meeting No. 23-19, July 24, 2023

#20-03-2023

Moved by Councillor Todd Dowd, Seconded by Deputy Mayor Rod Anderson

That the minutes of Council Meeting No. 23-19, July 24, 2023, be approved as printed and circulated.

Carried

Public Meeting – Nil.

Delegation – Nil.

Consideration of Agenda Items

1. GIS/IT Manager Report No. GIS/IT 23-04

Re: Tourism Storymap Presentation

Public Works/GIS Summer Student, Liam Hoepp appeared in person and presented the Tourism Storymap to members of Council. 

It was noted that the Storymap is available on the Municipality’s website under the Tourism Map section of the Develop heading, or at northbrucepeninsula.ca/tourism.

#20-04-2023

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd

That Council receives GIS/IT 23-04 report titled Tourism Storymap Presentation, as information.

Carried

2. Parks and Facilities Manager Report No. PF 23-07

Re: Tobermory Basketball Court Renewal

It was noted that the new Flex Court composes an area of 24’x90’ whereas the current court encompasses 25’x100’.

Parks and Facilities Manager, Mark Coleman, noted that there will be an allocated area to leave items such as bags and equipment rather than leaving them on the court. It was further noted that the flexible design of the court permits expansion if required.

#20-05-2023

Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Aman Sohrab

That Council receives Parks and Facilities Report PF 23-07 regarding Tobermory Basketball Court Renewal as information; and

That Council accepts the proposal from Flex Court Canada for the installation of an outdoor 24’x90’ modular court package in the amount of $16,019.00 + HST at the Tobermory Community Centre.

Carried

3. Parks and Facilities Manager Report No. PF 23-08

Re: Tobermory Community Centre Kitchen Renovation – ICIP Grant

It was noted that the renovations are anticipated to commence in mid-September and conclude in October.

It was noted that the Parks and Facilities Department will be monitoring facility booking at the location to ensure that the renovations do not interfere with events scheduled.

#20-06-2023

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Aman Sohrab

That Council receives Parks and Facilities Report PF 23-08 regarding Tobermory Community Centre Kitchen Renovation – ICIP Grant as information; and

That Council approves the ordering of the remainder of items noted in this report and authorizes staff to utilize up to $10,000.00 in additional funds from the Tobermory Community Centre Reserve to complete the project. 

Carried

4. Clerk Report No. C 23-30

Re: Owner: Gail Charette

Agent: Ron Davidson Land Use Planning Consultant

File No: B-2023-053 (severance) and Z-2023-061

Legal Description: Plan 777 Lot 51 Water Lot: CL2409 (Eastnor)

Roll No. 41-09-620-002-05100-0000

#20-07-2023

Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Todd Dowd

That Council directs staff to submit to the County of Bruce Planning and Economic Development Department, the Municipality’s position of no objection to a severance submitted by the agent, Ron Davidson Land Use Planning Consultant, on behalf of the owner, Gail Charette, for property legally described as Plan 777 Lot 51 Water Lot: CL2409 (Eastnor) Municipality of Northern Bruce Peninsula; and

That Council approves the imposition of conditions of granting of consent as follows:

1. That the owner enter into an Agreement with the Municipality, if deemed necessary by the Municipality of Northern Bruce Peninsula, to satisfy all the requirements, financial or otherwise of the Municipality, which may include, but shall not be limited to, the provision of parkland (or cash-in-lieu of land), roads, installation of services, facilities, drainage and the timing and payment of a development charge.

2. That a Reference Plan (survey that is registered) be completed and a copy filed with the Municipal Clerk and a digital copy (preferred) or a hard copy be filed with the Approval Authority, or an exemption from the Reference Plan be received from the Approval Authority.

3. That the Municipality provide written confirmation to the Approval Authority that the municipal conditions as imposed herein have been fulfilled.

4. That, pursuant to Section 53(42) of the Planning Act, the ‘Certificate of Consent’ be affixed to the deed within two years of the giving of the Notice of Decision. (Note: Section 53(43) of the Planning Act requires that the transaction approved by this consent must be carried out within two years of the issuance of the certificate (i.e., Stamping of the deed).

5. That the applicant pays the applicable County of Bruce consent certification fee at the time of certification of the deeds, if applicable.

6. That the Clerk of the Municipality provide written confirmation to the Approval Authority that Zoning By-law Amendment file Z-2023-061 is in force and effect.

7. That the owner provide an Archaeological Assessment that has included engagement with Saugeen Ojibway Nation in accordance with its process and standards, has been completed by an archaeologist licensed in the province of Ontario and has been confirmed by the appropriate Ministry to have been accepted into the Ontario Public Register of Archaeological Reports.

8. That the owner satisfy the approval authority that recommendations of the archaeological assessment (if any) have been or will be implemented. 

Carried

5. Clerk Report No. C 22-31

Re: File Number – B/R/2021-2022/532

Applicant/Owners: Christine Greydanus and Jocelyn Daunt

Location: Part Lot 16, Concession 9 EBR, 167 Carter Road, Municipality of Northern Bruce Peninsula (Lindsay), County of Bruce

Roll No. 410966000319100

#20-08-2023

Moved by Councillor Aman Sohrab, Seconded by Councillor Todd Dowd

That Council directs staff to submit the Municipality’s comments to the Niagara Escarpment Commission (NEC), regarding the Development Permit application submitted by the owners, Christine Greydanus and Jocelyn Daunt, Part Lot 16, Concession 9 EBR, 167 Carter Road, Municipality of Northern Bruce Peninsula (Lindsay), County of Bruce is seeking approval to undertake improvements on an existing 10.52 ha (26 acre) lot and preform following work:

• Construct a one storey 93 m2 (1016 ft2) dwelling plus basement

• Construct a one storey 62 m2 (676 ft2) garage

• Construct a 26 m2 (288 ft2) covered patio

• Construct a staircase to descend the scarp of 10 m (33 feet) length by 7 m (24 feet) high

• Construct a private sewage disposal system

• Construct a 136 m (450 foot) long driveway plus a 83 m2 (900 ft2) parking area

And that the Senior Management reviewed the request for comments and noted the following be provided:

1. The proposed development doesn’t include the construction of a boat house that is listed on page 3 of the application permit.

2. Ensure the proposed driveway area is large enough to accommodate the turning radius for emergency vehicles and the private driveway is maintained for easy access.

3. Need to have a 911 – 167 installed at site location.

4. Setbacks should be noted on application.

Carried

6. Chief Administrative Officer Report No. CAO 23-15

Re: 2nd Quarter Report

#20-09-2023

Moved by Councillor Todd Dowd, Seconded by Deputy Mayor Rod Anderson

That Council receives the report titled 2nd Quarter Report. 

Carried

7. Accounts Payable Voucher 

Re: July 2023

#20-10-2023

Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden

That Council receives approved Accounts Payable Voucher for July 2023, in the amount of $2,909,262.43.

Carried

8. Museum Committee Minutes

Re: June 6, 2023, Meeting

#20-11-2023

Moved by Councillor Aman Sohrab, Seconded by Councillor Todd Dowd

That the minutes of Ad Hoc Museum Committee Meeting No. 23-03, June 6, 2023, be approved as printed and circulated.

Carried

Other Business

Deputy Mayor Anderson inquired regarding the need to install streetlights within the Municipality.

· It was noted that the Public Works Department is actively working with the contractor regarding the matter.

· It was further noted that the Municipal Office should be contacted directly by residents with concerns regarding streetlights.

Councillor Sohrab stated that the Municipal gate at the beginning of Cabot Head Road is not sufficient to block ATVs. 

· It was noted that the ATVs are going down the embankment to by-pass the gate.

· It was noted that staff will investigate the area.

Councillor Sohrab inquired regarding the history and ownership of Cabot Head Road. 

· The Chief Administrative Officer noted that reports had previously gone to Council regarding the road’s history and ownership and that the reports will be brought back to Council.

Mayor McIver inquired regarding the condition of the Lion’s Head Tennis Court.

· The Chief Administrative Officer noted that the on-going construction at Bruce Peninsula District School does not permit the Municipality access on the property to preform maintenance on the tennis court. 

· It was noted that a meeting will occur with the Bluewater District School Board regarding the agreement concerning the tennis court.

Deputy Mayor Anderson congratulated Mayor McIver for being awarded the Queen’s Platinum Jubilee coin for his over 40 consecutive years of community service and leadership. This award was recently presented at a Bruce County Council meeting.

Councillor Golden acknowledged the on-going achievements of staff as they pursue educational opportunities regarding municipal operations. 

Correspondence

1. Bruce Peninsula Hospital Foundations (Information)

Re: Thank you letter

2. Han Adema (Information)

Re: Solar Development on Little Pike Bay

3. Dyers Bay Association (Information)

Re: Safety Issues Identified

It was noted that the identified safety issues will be presented to the Ministry of Transportation of Ontario (MTO) at the Association of Municipalities of Ontario (AMO) Conference.

4. Jan Pugsley (Information)

Re: Funding Allocation

5. Joint Media Release – MPP Lisa Thompson and MPP Rick Byers (Information)

Re: Ontario Supporting Projects to Protect the Great Lakes

#20-12-2023

Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden

That correspondence items #1-5 and correspondence item #10 be received as information as printed and circulated.

Carried

6. Resolution – Town of Fort Erie (Information)

Re: Controls on Air BnB, VRBO, and Others which affect Municipal Rentals

#20-13-2023

Moved by Councillor Todd Dowd

Seconded by Councillor Laurie (Smokey) Golden

That Council supports the following resolution from the Town of Fort Erie. 

Whereas global technology platforms such as Airbnb or VRBO were created to improve global access to rental opportunities, particularly those available for vacation or shorter-term business purposes, and

Whereas the impact of these “disruptive technologies” on rental markets has raised the following concerns in the past decade:

• Concentration of ownership and proliferation of landlord corporations with minimal interest in or accountability to local communities

• Removal of housing stock from long-term rental markets with resulting increases in rents

• Lack of control over occupancy (e.g. families vs large groups of partygoers)

• Incidence of nuisance infractions (noise, garbage, parking), and

Whereas any reduction in the availability of long-term housing stock runs counter to the Province of Ontario’s goal of 1.5 million additional homes in the next 10 years, and

Whereas growth in short-term rental markets may also have a negative impact on housing affordability for the seasonal workers who service tourist destinations or farming communities, and

Whereas implementing local/municipal restrictions through municipal law enforcement tools (licensing) and municipal planning tools (zoning by-law restrictions) may push demand to other communities, and

Whereas some platforms (e.g. Airbnb) are already working toward providing notice to owners about municipal regulations and licensing through a license number field, and 

Whereas some jurisdictions (e.g. Quebec, Scotland) have acknowledged the limitations of local authorities/municipalities in controlling the impact of global technologies and have developed comprehensive regulatory frameworks, and 

Whereas a comprehensive, consistent regulatory approach is likely to prove more effective in Ontario, 

Now, therefore, be it resolved, 

That: Council requests the Government of Ontario to establish a regulatory framework requiring digital platforms such as Airbnb and VRBO to: 

1. Require owners using the digital platforms to comply with municipal planning and licensing regulations, and 

2. Prevent advertising of properties that are not registered with the relevant municipality, and 

3. Provide a contact with the platform to ensure ongoing and effective communications for provincial and municipal officials and further 

That: The Province of Ontario work with municipalities to address situations in which long-term housing stock has been lost to corporate ownership of short-term rental properties; 

And Further That: A copy of the resolution be forwarded to the Premier of Ontario (Hon. Doug Ford), the Minister of Municipal Affairs and Housing (Hon. Steve Clarke), local MPPs, the Association of Municipalities of Ontario (AMO) and all municipalities in Ontario.

Carried

7. Resolution – Municipality of Chatham-Kent (Information)

Re: Time for Change Municipal Freedom of Information and Protection of Privacy Act

#20-14-2023

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Aman Sohrab

That Council supports the following resolution from the Municipality of Chatham-Kent.

Whereas the Municipal Freedom of Information and Protection of Privacy Act R.S.O. 1990 (MFIPPA) dates back 30 years;

And Whereas municipalities, including the Municipality of Chatham-Kent, practice and continue to promote open and transparent government operations, actively disseminate information and routinely disclose public documents upon request outside of the MFIPPA Process;

And Whereas government operation, public expectations, technologies, and legislation surrounding accountability and transparency have dramatically changed and MFIPPA has not advanced in line with these changes;

And Whereas the creation, storage, and utilization of records has changed significantly, and the Municipal Clerk of the Municipality is responsible for records and information management programs as prescribed by the Municipal Act, 2001;

And Whereas regulation 823 under MFIPPA continues to reference antiquated technology and does not adequately provide for cost recovery, and these financial short-falls are borne by the municipal taxpayer;

And Whereas the threshold to establish frivolous and/or vexatious requests is unreasonably high and allows for harassment of staff and members of municipal councils, and unreasonably affects the operations of the municipality.

And Whereas the Act fails to recognize how multiple requests from an individual, shortage of staff resources or the expense of producing a record due to its size, number or physical location does not allow for time extensions to deliver requests and unreasonably affects the operation of the municipality;

And Whereas the name of the requestor is not permitted to be disclosed to anyone other than the person processing the access request, and this anonymity is used by requesters to abuse the MFIPPA process and does not align with the spirit of openness and transparency embraced by municipalities;

And Whereas legal professionals use MFIPPA to gain access to information and launch litigation against institutions, where other remedies exist;

And Whereas there are limited resources to assist administrators or requestors to navigate the legislative process;

And Whereas reform is needed to address societal and technological changes in addition to global privacy concerns and consistency across provincial legislation;

Be It Resolved That the Ministry of Government and Consumer Services be requested to review the MFIPPA, and consider recommendations as follows:

1. That MFIPPA assign the Municipal Clerk, or designate to be the Head under the Act;

2. That MFIPPA be updated to address current and emerging technologies;

3. That MFIPPA regulate the need for consistent routine disclosure practices across institutions;

4. That the threshold for frivolous and/or vexatious actions be reviewed, and take into consideration the community and available resources in which it is applied;

5. That the threshold for frivolous and/or vexatious also consider the anonymity of requesters, their abusive nature and language in requests to ensure protection from harassment as provided for in Occupational Health and Safety Act;

6. That the application and scalability of fees be designed to ensure taxpayers are protected from persons abusing the access to information process;

7. That administrative practices implied or required under the Act, including those of the IPC, be reviewed and modernized;

8. That the integrity of the Act be maintained to protect personal privacy and transparent governments.

Carried

8. Robert Blackburn (Information)

Re: Gap Setbacks

Having declared a conflict of interest, Councillor Golden did not participate in this portion of the meeting.

Chief Administrative Officer, Peggy Van Mierlo-West provided an overview on the topographical survey completed regarding the property known as the Gap. It was noted that the completed survey displays the items noted on the original request, such as the encroachments by the neighbouring property.

It was noted that if members of the public would like a legal survey of the property, they can incur the fees associated with the completion of a legal survey. 

#20-15-2023

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Aman Sohrab

That correspondence item #8 be received as information as printed and circulated.

Carried

9. Grey Bruce Hospice (Direction)

Re: Support Request

Councillor Golden returned to the meeting at this time.

#20-16-2023

Moved by Councillor Aman Sohrab, Seconded by Councillor Laurie (Smokey) Golden

That Council supports the request from the Grey Bruce Hospice and incorporates the request into 2024 budget deliberations for a $5,000 a year contribution a to the organization for a three year period.

Carried

10. Niagara Escarpment Biosphere Network (Direction)

Re: Request for Endorsement

It was noted that staff will contact the Niagara Escarpment Biosphere Network regarding scheduling a delegation to Council.

11. Ontario Coalition for Better Child Care (Direction)

Re: Proclamation Request- 23rd Annual Child Care Worker and Early Childhood Educator Appreciation Day, October 17, 2023

#20-17-2023

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That Council supports the Proclamation Request to recognize October 17, 2023, as the 23rd Annual Child Care Worker and Early Childhood Educator Appreciation Day; and

Whereas years of research confirms the benefits of high-quality early learning and child care for young children’s intellectual, emotional, social and physical development and later life outcomes; and

Whereas child care promotes the well-being of children and responds to the needs of families and the broader community by supporting quality of life so that citizens can fully participate in and contribute to the economic and social life of their community; and

Whereas trained and knowledgeable Registered Early Childhood Educators and child care staff are the key to quality in early learning and child care programs;

Whereas Registered Early Childhood Educators and child care workers will be vital to the success of the Canada-Wide Early Learning and Child Care system;

Therefore, Be It Resolved that October 17, 2023 be designated the 23rd annual “Child Care Worker & Early Childhood Educator Appreciation Day” in recognition of the education, dedication and commitment of child care workers to children, their families and quality of life of the community.

Carried

Reading of By-laws

By-law 2023-69

Being a By-Law to Authorize the Disposal and Conveyance of Right of Way known as Tipsy Lane off Indian Harbour Road Part Lot 47 CON 5 WBR (former St. Edmunds as in R98513; S/T R270645 & R244615; PIN 33104-0239 LT Municipality of Northern Bruce Peninsula

By-law 2023-72

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 14, 2023

#20-18-2023

Moved by Councillor Aman Sohrab, Seconded by Councillor Todd Dowd

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

Carried

Closed Session – Nil.

Adjournment

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#20-19-2023

Moved by Councillor Aman Sohrab, Seconded by Councillor Laurie (Smokey) Golden

That the meeting adjourns at 2:33 p.m.

Carried