Members Present: Mayor – Milt McIver, Deputy Mayor – Rod Anderson (Zoom), 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 Manager – Kara Smith, Chief Building Official – Wendy Elliott, Bylaw Enforcement Officer – Carol Hopkins, Parks and Facilities Manager – Mark Coleman
Others Present: Griffin Salen, Jeff Mielhausen, Serge Marcella, Wilfred Laman, Jessica Rivers, Charlie Anderson
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.
Note: In the absence of the ability to vote by a show of hands, in accordance with By-law No. 2023-89, Part III – Meetings, Section 64.3, Committee votes will be recorded for resolutions presented at electronic Committee meetings.
Call to Order and Disclosure of Pecuniary Interest and the 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.
Approval of the Agenda
#02-01-2024
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Todd Dowd
That the content of the agenda be approved as presented.
The Clerk proceeded to call the vote.
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the Motion was carried.
Carried
Adoption of the Minutes
Re: Council Meeting No. 23-31, December 11, 2023
#02-02-2024
Moved by Councillor Aman Sohrab, Seconded by Councillor Todd Dowd
That the minutes of Council Meeting No. 23-31 ,December 11, 2023, be approved as printed and circulated.
The Clerk proceeded to call the vote.
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the Motion was carried.
Carried
Public Meeting – Nil.
Delegation
Tobermory Chamber of Commerce – Griffin Salen
Re: Proposed expansion of the Municipal Accommodation Tax
Griffin Salen appeared in person at the January 8, 2024, Council Meeting.
Mayor McIver welcomed Griffin Salen to the Council Meeting.
Griffin Salen, former president of the Tobermory Chamber of Commerce, noted that the Tobermory Chamber of Commerce was selected by the Municipality of Northern Bruce Peninsula to receive 50% of the revenue from the Municipal Accommodation Tax (MAT).
It was noted that 50% of the revenue from the MAT must be allocated for tourism initiatives.
Griffin Salen noted the following points regarding the Tobermory Chamber of Commerce’s opposition to the expansion of the MAT to commercial operators;
· The initial intent of implementing the MAT was to apply it to Short-term Accommodations.
· The revenues from the Paid Parking Program should be spent prior to the implementation of additional taxes.
· Current economic climates are not favourable for implementing an additional tax on business owners.
· The expansion of the MAT to campgrounds and trailer parks would not be applicable to those operated by the Bruce Peninsula National Park, creating an inequitable situation.
Mayor McIver thanked Griffin Salen for his delegation.
Jeff Mielhausen, Serge Marcella, and Wilfred Laman
Re: Proposed expansion of the Municipal Accommodation Tax
Jeff Mielhausen, Serge Marcella, and Wilfred Laman, appeared in person at the January 8, 2024, Council Meeting.
Serge Marcella opened the presentation by stating that tourism is a vital part of the local economy. He stated that the hospitality industry is struggling with recovering from the pandemic, inflation, and hiring/retaining staff.
Serge Marcella further noted that the problem experienced within the Municipality are not from tourists, but from limited infrastructure to accommodate visitors to Tobermory.
It was noted that campgrounds and motels are part of the solution to the problem experienced throughout the Municipality.
It was noted that the Bruce Peninsula National Park would be exempt from the proposed expansion of the Municipal Accommodation Tax, due to provisions contained within the legislation permitting municipalities to collect a Municipal Accommodation Tax.
Serge Marcella further noted that efforts should be concentrated on locating and charging unlicenced Short-term Accommodation Owners.
Serge Marcella requested communication from the Municipality and an invitation to local business owners to participate in dialogue regarding the Municipal Accommodation Tax.
Jeff Mielhausen appeared in person and said that many local businesses have closed their doors or been resold to new owners within the Municipality. He stated that the implementation of a 4% tax on commercial businesses would impede businesses from being able to donate back to the community.
It was noted that a majority of businesses within the Municipality are seasonal and would therefore feel a greater impact from the expansion of the Municipal Accommodation Tax.
Wilfred Laman appeared in person and advised that operating costs are increasing substantially and that local businesses cannot afford another 4% tax. He further noted that hotels and campgrounds provide their own policing at night and do not utilize By-law Enforcement.
The Chief Administrative Officer, Peggy Van Mierlo-West indicated that final comments regarding the expansion of the Municipal Accommodation Tax from Let’s Talk NBP will be collected on January 26, 2024 and that a staff report will be provided at a later time outlining the findings.
Mayor McIver noted that emails submitted regarding the expansion of the MAT will be included within the report.
Charlie Anderson, Jessica Rivers, and Ken Chasse (Zoom)
Re: Proposed radiocommunications tower at 75 Lindsay Road 40
Jessica Rivers appeared in person at the January 8, 2024, Council Meeting to oppose to the proposed cell tower near her home on Lindsay Road 40. She stated that the cell tower will emit frequencies that can be harmful to the human body. She questioned why she was not informed of this proposal as a neighbouring property owner.
Jessica Rivers questioned the impact of the cell tower on local wildlife and who the tower will be serving. She emphasized that she was attracted to this area due to its remoteness. She stated that the tower could cause sickness due to vibrations, reduce property values, and cause problems for her business. She requested that Council object to the proposed cell tower.
Jessica Rivers read several pieces of correspondence submitted to her by residents of the Lindsay Road 40 area to state their noted concerns.
Jessica Rivers stated that there are alternate technologies for connectivity that would provide a choice for those who do not want to be more connected. She referred to a petition that is circulating around Dyers Bay to oppose the cell tower.
Mayor McIver noted that Council was not aware of the proposed tower.
Chief Administrative Officer, Peggy Van Mierlo-West, noted that the Municipality employs CRINS – SINRC, a para-municipal organization which facilitates consultations with stakeholders on proposals for the building of new radiocommunication sites and antenna towers. She further noted that all applications for such structures go to CRINS-SINRC for review/ completion prior to the applicable municipal council.
It was noted that the Municipality of Northern Bruce Peninsula has not yet received the application from CRINS-SINRC for the proposed radiocommunications tower at 75 Lindsay Road 40.
It was noted that concerns regrading the proposed radiocommunications tower at 75 Lindsay Road 40 should be sent to Shared Towers directly
Discussion ensued regarding the potential to utilize an existing tower to achieve the desired outcomes with the proposed radiocommunications tower at 75 Lindsay Road 40.
Chief Administrative Officer, Peggy Van Mierlo-West, requested that the Municipality was included in conversations between the Dyers Bay community and Shared Towers.
Chief Administrative Officer, Peggy Van Mierlo-West, noted that the Municipality has a meeting scheduled with a representative from Shared Towers on Friday, January 12, 2024, to discuss the proposed radiocommunications tower at 75 Lindsay Road 40.
Mayor McIver thanked everyone for their delegation.
Consideration of Agenda Items
1. Chief Building Official Report No. BD 24-01
Re: Proposed Amendments to By-law 2023-94, Licensing, Regulating & Governing Food Truck Businesses
#02-03-2024
Moved by Councillor Aman Sohrab, Seconded by Councillor Todd Dowd
That Council receives BD Report 24-01, entitled “Proposed Amendments to By-law 2023-94, Licencing, Regulating & Governing Food truck Businesses”, and
That Council approves By-law 2023-94 at the January 8, 2024, Regular Council meeting.
The Clerk proceeded to call the vote.
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the Motion was carried.
Carried
2. Parks and Facilities Manager Report No. PF 24-01
Re: Agreement with Brent Huehn for Facilities Cleaning and Maintenance
#02-04-2024
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Laurie (Smokey) Golden
That Council receives Parks and Facilities Report PF 24-01 regarding Agreement with Brent Huehn for Facilities Cleaning and Maintenance as information; and
That Council renews the Agreement with Brent Huehn for cleaning and maintenance of the Northern Bruce Peninsula Municipal Office, the Bruce County Library Lion’s Head and Tobermory Branches, Fire Station 10 in Tobermory, Fire Station 20 in Lion’s Head, Ferndale Information Centre, The Meeting Place and St. Edmunds Museum in Tobermory on the following terms and conditions set out within Schedule ”A” to the Agreement per By-law No. 2024-05 for a three-year term and prices as outlined within Section 1.
The Clerk proceeded to call the vote.
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the Motion was carried.
Carried
3. Municipal Law Enforcement Officer Report No. MLEO 24-01
Re: Parking Report
Discussion ensued regarding the proposed implementation of ParkPass at the end of Big Tub Road.
It was determined that the operation of the parking area at the end of Big Tub Road remain status quo.
#02-05-2024
Moved by Councillor Aman Sohrab, Seconded by Councillor Todd Dowd
That Council receives MLEO Report No. 24-01, and
That Council approves the recommendations as presented, and
That the following regulations remain status quo;
· Paid Parking Program in Tobermory remains status quo, and
· 3-hour max Paid Parking on Big Tub Road remains status quo, and
· The Gap free of parking remains status quo, and
· The resident only 3-hour max parking and added parking attendant for July and August remain status quo for the Grant Watson Drive site and
· Paid parking at Dunks Bay and the added parking attendant for July and August remain status quo, and
· The 4-hour reservation parking and the added parking attendant remain status quo at the Little Cove Parking lot.
· No parking/No stopping at the Dorcas Bay Road site and the added parking attendant remain status quo.
· Paid Parking remains status quo at the Dyers Bay site, and
· Paid parking remains status quo at the Borchardt Road site, and
· Paid Parking remains status quo at the Carter Rd site, and
· Parking in Lion’s Head remains status quo, and
· ParkPass 4 and 8-hour reservations in the parking lot at McCurdy Drive remain status quo, and
That during peak times in July and August (Friday, Saturday, Sunday and Holidays), the parking attendant at McCurdy be moved to Moore and Joseph Street to redirect overflow vehicles more effectively; and
That the Paid Parking and Reservation system timeline for the 2024 season remains status quo, operating from May 15 – October 15.
The Clerk proceeded to call the vote.
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the Motion was carried.
Carried
4. Clerk Report No. C 24-01
Re: Proposed Notice Provisions By-law Amendments
#02-06-2024
Moved by Councillor Aman Sohrab, Seconded by Councillor Todd Dowd
That Council receives the Clerk’s report C 24-01 as it relates updates to the notice provisions by-law for the Municipality of Northern Bruce Peninsula; and
That Council approves the updates and considers passage of By-law No. 2024-03 at the regular meeting on Council on Monday, February 12, 2024.
The Clerk proceeded to call the vote.
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the Motion was carried.
Carried
5. Clerk Report No. C 24-02
Re: Joint Grey Bruce Detachment Police Service Board
Clerk, Cathy Addison, provided an overview of the Joint Grey Bruce Detachment Police Service Board.
Councillor Golden put her name forward to be the representative for the Joint Grey Bruce Detachment Police Service Board from the Municipality of Northern Bruce Peninsula.
#02-07-2024
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd
That Council receives C 24-02 report with regards to the Joint Grey Bruce Detachment Police Service Board update, as information; and
Whereas, the Province of Ontario passed the Comprehensive Ontario Police Services Act, 2019 (Bill 68), which established the Community Safety and Policing Act, 2019 (CSPA, 2019), on March 26, 2019; and
Whereas, the Community Safety and Policing Act, 2019 (CSPA, 2019), will be proclaimed on April 1, 2024; and
Whereas the Ministry of the Solicitor General has approved the creation of a joint, Grey Bruce Police Services Detachment Board, governing all municipalities and First Nations communities within the detachment area; and
Whereas the Grey Bruce Detachment Joint Board must be established and formalized prior to the date of proclamation; and
Whereas the Grey Bruce Detachment Joint Board will be composed of an elected official of all participating municipalities and First Nation communities, 4 Community Appointees and 3 Provincial Appointees;
Now Therefore, Council hereby appoints Councillor Laurie (Smokey) Golden to represent the Municipality of Northern Bruce Peninsula on the Grey Bruce Detachment Joint Board; and
That an ad-hoc selection committee be formed to select and appoint the required allotment of community representatives to the Joint Board, herein known as the Grey Bruce Detachment Joint Police Services Board Community Appointee Selection Committee; and
That the Councillor Laurie (Smokey) Golden appointed to the Grey Bruce Detachment Joint Board be appointed to the Grey Bruce Detachment Joint Board Community Appointee Selection Committee; and
Further, that staff be directed to jointly advertise for 4 Community Appointees to the Board, to be appointed at large throughout the detachment area.
The Clerk proceeded to call the vote.
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the Motion was carried.
Carried
6. Climate Action and Waste Diversion Committee
Re: November 23, 2023 Meeting Minutes
#02-08-2024
Moved by Councillor Aman Sohrab, Seconded by Councillor Todd Dowd
That the minutes of Climate Action and Waste Diversion Committee Meeting No. 23-04, November 23, 2023, be approved as printed and circulated.
The Clerk proceeded to call the vote.
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the Motion was carried.
Carried
Other Business
Mayor McIver inquired regarding the status of the Lion’s Head Arena Project.
Chief Administrative Officer, Peggy Van Mierlo-West noted that the Special Council Meeting scheduled for Wednesday, January 17, 2024, will encompass the Lion’s Head Arena Project.
Clerk, Cathy Addison, inquired regarding the date of the Special Council Meeting Re: Road Tour.
It was noted that the Road Tour will be held on Friday, April 26, 2024
#02-09-2024
Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab
That Council approves the scheduling of a Special Council Meeting Re: Road Tour for Friday, April 26, 2024, commencing at 9:00 a.m.
The Clerk proceeded to call the vote.
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the Motion was carried.
Carried
Correspondence
1. Charlie Anderson (Information)
Re: 75 Lindsay Road 40 – Proposed Shared Tower
2. Dana Vanderaa (Information)
Re: 75 Lindsay Road 40 – Proposed Shared Tower
3. David Fancy (Information)
Re: 75 Lindsay Road 40 – Proposed Shared Tower
4. Frank Clegg (Information)
Re: 75 Lindsay Road 40 – Proposed Shared Tower
5. Jessica Rivers (Information)
Re: 75 Lindsay Road 40 – Proposed Shared Tower
6. Katherine McLeod (Information)
Re: 75 Lindsay Road 40 – Proposed Shared Tower
7. Margaret McInally-Clifford (Information)
Re: 75 Lindsay Road 40 – Proposed Shared Tower
8. Ryan Cook (Information)
Re: 75 Lindsay Road 40 – Proposed Shared Tower
9. Sarah Martin (Information)
Re: 75 Lindsay Road 40 – Proposed Shared Tower
10. Sheena Symington (Information)
Re: 75 Lindsay Road 40 – Proposed Shared Tower
11. Zachary Clifford (Information)
Re: 75 Lindsay Road 40 – Proposed Shared Tower
12. Adam Robins (Information)
Re: Municipal Accommodation Tax Expansion Concerns
13. Clean Energy Frontier (Information)
Re: December 2023 Newsletter
14. Community Safety and Well-Being Planning, Advisory Committee (Information)
Re: December 8, 2023, Meeting Minutes
15. Rick Byers, MPP – Media Release (Information)
Re: Ontario Supporting Small, Rural and Northern Communities
16. Ministry of Municipal Affairs and Housing (Information)
Re: Greenbelt Statute Law Amendment Act, 2023, receives Royal Assent – Legislation Returns Lands to the Greenbelt and Oak Ridges Moraine
17. Ministry of Agriculture, Food and Rural Affairs (Information)
Re: Rural Economic Development (RED) Program
#02-10-2024
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Aman Sohrab
That the correspondence items #1-17 be received as information as printed and circulated.
The Clerk proceeded to call the vote.
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the Motion was carried.
Carried
18. Resolution – Clearview Township (Information)
Re: Cemetery Transfer/Abandonment Administration & Management Support
#02-11-2024
Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden
That Council supports the resolution from Clearview Township regarding Cemetery Transfer/Abandonment Administration & Management Support.
The Clerk proceeded to call the vote.
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the Motion was carried.
Carried
19. Resolution – Municipality of Grey Highlands (Information)
Re: The Ontario Energy Board’s Leave to Construct (LTC) process
#02-12-2024
Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden
That Council supports Resolution #2023-964 from the Municipality of Grey Highlands regarding the Ontario Energy Board’s Leave to Construct (LTC) process.
The Clerk proceeded to call the vote.
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the Motion was carried.
Carried
20. Resolution – City of Thunder Bay (Information)
Re: Advocacy – Short-term Rentals
#02-13-2024
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Todd Dowd
That Council supports the resolution from the City of Thunder Bay regarding Advocacy – Short-term Rentals.
The Clerk proceeded to call the vote.
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the Motion was carried.
Carried
Reading of By-laws
By-law 2023-94
Being a By-law to provide for the Licensing, Regulating and Governing Food Truck Businesses
By-law 2024-02
Being A By-Law to Provide for the Levy and Collection of an Interim Tax for the Year 2024
By-law 2024-07
Being A By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Monday, January 8, 2024
#02-14-2024
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Aman Sohrab
That the listed by-laws be given 1st, 2nd, and 3rd reading, and enacted.
The Clerk proceeded to call the vote.
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the Motion was carried.
Carried
Closed Session
#02-15-2024
Moved by Councillor Todd Dowd,
Seconded by Councillor Aman Sohrab
That Council move into closed meeting at 2:31 p.m. pursuant to Section 239 (2) of The Municipal Act, 2001, as amended, for the following reasons: c) a proposed or pending acquisition or disposition of land by the municipality or local board; (Big Tub)
The Clerk proceeded to call the vote.
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the Motion was carried.
Carried
Reconvene from Closed Session to Resume Council Meeting
#02-16-2024
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd
That Council reconvenes from Closed Session at 2:47 p.m. and resumes the Council meeting.
The Clerk proceeded to call the vote.
Councillor Dowd – Yes
Councillor Golden – Yes
Councillor Sohrab – Yes
Deputy Mayor Anderson – Yes
Mayor McIver – Yes
The Clerk announced that the Motion was carried.
Carried
Following Closed Session, Mayor McIver advised that Council approved the minutes of November 14, 2023, Closed Session meeting and Council directed the CAO to investigate next steps with a proposal for land in the Big Tub area.
It was noted that technical difficulties were experienced regarding re-opening the live stream broadcast of the January 8, 2024 Regular Council Meeting. The remainder of the meeting was therefore not included within the livestream broadcast.
Deputy Mayor, Rod Anderson, was unable to rejoin the meeting via Zoom.
Adjournment
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#02-17-2024
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Aman Sohrab
That the meeting adjourns at 2:51 p.m.
Carried
