Municipality of Northern Bruce Peninsula Council Meeting Minutes March 11, 2024

353

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 Manager – Kara Smith, Chief Building Official – Wendy Elliott, Fire Chief – Jack Burt, Parks and Facilities Manager – Mark Coleman

Others Present: Dr. Meg Sears (Zoom), Shelley Wright (Zoom), Marg Friesen (Zoom), Dr. David Fancy (Zoom)

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 1:00 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

#09-01-2024

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. 24-08,February 26, 2024

Deputy Mayor Anderson inquired regarding Resolution #08-12-2024 from the February 26, 2024, Council Meeting due to Councillor Golden’s declaration of pecuniary interest on correspondence items #6 & 7.

It was noted that amendments would be made to correct the error.

#09-02-2024

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

That the minutes of Council Meeting No. 24-08,February 26, 2024, be approved as amended.

Carried

Public Meeting

2024 Budget Presentation 

Treasurer, Teresa Shearer, provided members of Council with an overview of the information contained within the 2024 Budget Presentation. 

It was noted that municipal taxes are increasing by 8.28%, however; the overall tax rate, which includes the County and Education rates, is 6.15%.

Mayor McIver opened the Public Meeting to the public. 

Noreen Steinacher appeared in person at the March 11, 2024, Public Meeting and inquired regarding the inclusion of the roof repair for the Tobermory Meeting Place in the 2024 Budget.

Treasurer, Teresa Shearer, noted that the project was present within the 2024 Budget.

Noreen Steinacher further commented on the importance of the Tobermory Meeting Place within the community.

Mayor McIver closed the Public Meeting. 

#09-03-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That Council receives the 2024 Budget for their consideration; and

That pending any changes required, By-law 2024-17, Being a By-law to Adopt the Estimates of All Sums Required During the Year and Set the 2024 Tax Rates, be presented, and considered for passage at today’s meeting.

Carried

Delegation

Dr. Meg Sears (PhD), Chairperson, Prevent Cancer Now; Shelley Wright, BEd, Director Canadian Educators for Safe Technology; Marg Friesen, M.Sc., Federal Scientist, Canadians for Safe Technology (Leadership Team); Dr. David Fancy (PhD) Well Earth Collaborative Co-Chair

Re: Right to a Healthy Environment

Dr. Meg Sears appeared at the March 11, 2024, Council Meeting virtually via Zoom. 

Mayor McIver welcomed Dr. Meg Sears to the Council Meeting.

Dr. Meg Sears provided a presentation to Council regarding the biological effects of wireless radiation, the proposed design of the tower, the demand associated with the proposed tower, and the potential impact of the proposed tower on the Dark Sky Community.

Following the presentation from Dr. Meg Sears, Shelley Wright appeared at the March 11, 2024, Council Meeting virtually via Zoom. 

Shelley Wright provided a presentation to Council regarding Human Rights for Children in the Digital Age, biological effects of wireless radiation on children, benefits associated with fibre optic network connectivity, and reasons to support a vote of non-concurrence regarding the proposed cell tower. 

Following the presentation from Shelley Wright, Marg Friesen appeared at the March 11, 2024, Council Meeting virtually via Zoom. 

Marg Friesen provided a presentation to Council regarding the environmental impacts and the effects of wireless radiation associated with the proposed cell tower.

A video was submitted within the delegation package regarding a right to a healthy environment. The video, which included a pre-recorded presentation from Dr. David Fancy regarding Electrical Hypersensitivity (EHS) and Accessibility, was played for Council during the delegation. 

Following the delegation, discussion ensued regarding the role of Council regarding the proposed cell tower on Lindsay Road 30. 

Mayor McIver noted that Council is expecting a staff report regarding the pubic consultation process associated with the proposed cell tower.

Chief Administrative Officer, Peggy Van Mierlo-West, noted that the Communication Tower and Antenna Sites Approval Process, which was approved at the February 12, 2024, Council meeting, will be available on the Municipality’s website. 

An overview of the Public Consultation Process was provided to Council by Chief Administrative Officer, Peggy Van Mierlo-West. It was noted that Council is waiting on a letter from the Municipal Solicitor regarding the Public Consultation Process utilized by Shared Tower. 

Clarification was provided regarding the Canadian Radiocommunications Information and Notification Service (CRINS), a consulting agency previously utilized by the Municipality to ensure that public consultation was conducted appropriately.

It was noted that once information regarding the Public Consultation Process conducted by Shared Tower is reviewed by staff, that a date will be provided to Council regarding associated report. 

Mayor McIver thanked Dr. Meg Sears, Shelley Wright, Marg Friesen, and Dr. David Fancy for their presentation.

Consideration of Agenda Items

1. Public Works Manager Report No. PW 24-04

Re: 2023 Lion’s Head Drinking Water System and Tobermory Primary Place Daycare Centre Drinking Water System Annual Reports

It was noted that the Drinking Water System for the Tobermory Primary Place Daycare is now the responsibility of the School Board due to the recent relocation of the Daycare into St. Edmunds Public School.

#09-04-2024

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

That Council receives Public Works Department Report PW 24-04 titled 2023 Lion’s Head Drinking Water System and Tobermory Primary Place Daycare Centre Drinking Water System Annual Reports, as information.

Carried

2. Public Works Manager Report No. 24-05 

Re: 2023 Lion’s Head Drinking Water System Summary Report

#09-05-2024

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

That Council receives Public Works Department Report PW 24-05 titled 2023 Lion’s Head Drinking Water System Summary Report; and

That Council directs staff to notify the Ontario Clean Water Agency that Council has accepted the Schedule 22 Summary Report and that the resolution of acceptance is posted on the Municipal website. 

Carried

3. Fire Chief Report No. FC 24-01

Re: Fine Schedule Removal from Open Air Burning By-law

Fire Chief, Jack Burt, provided an overview of Fire Chief Report No. FC 24-01.

It was noted that the current fines associated with the By-law have no financial deterrent for open-air burning. 

It was noted that the proposed fines will range between $360-$1000.

#09-06-2024

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

That Council receives FC 24-01 report titled Fine Schedule removal from Open-Air Burning Bylaw, and;

That Council receives the report and approves the removal of the fine schedule “Schedule A” from Open-Air Burning By-law 2019-47.

Carried

4. Chief Building Official Report No. BD 24-05

Re: Trailer Agreement

Applicant/Owners: Robin Boivin & Raymonde Boivin

St. Edmunds Con 3 WBR Pt Lot RP 3R8754 Part 1, 262 Johnsons Harbour Road, Municipality of Northern Bruce Peninsula, County of Bruce

Assessment Roll No. 41 09 680 001 03602 0000 

#09-07-2024

Moved by Councillor Aman Sohrab, Seconded by Councillor Todd Dowd

That the Trailer Agreement requested by Robin Boivin and Raymonde Boivin for the property legally described as St. Edmunds Con 3 WBR Pt Lot RP 3R8754 Part 1 (Assessment Roll No. 41 09 680 001 03602 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

5. Chief Administrative Officer Report No. CAO 24-08

Re: Chamber of Commerce Annual MAT Report

#09-08-2024

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That Council receives CAO Report 24-08 titled Chamber of Commerce Annual MAT Report as information. 

Carried

6. Treasurer Report No. TR 24-08

Re: Proposed Amendments to By-law 2021-83, Transient Municipal Accommodation Tax

Clarification was provided by Treasurer, Teresa Shearer, regarding the anticipated revenue from the proposed expansion at a 4% rate.

It was noted that an email was received regarding proposed amendments to the definition of “Campground exemptions” contained within the proposed by-law. Treasurer, Teresa Shearer, noted that staff want to look into this request further prior to potential implementation. 

Discussion ensued regarding the proposed timeline and potential alternatives associated with the implementation of the proposed expansion of the Municipal Accommodation Tax. 

Discussion ensued regarding the January 8, 2024, delegation from the Tobermory Chamber of Commerce regarding the proposed expansion of the Municipal Accommodation Tax. 

Discussion ensued regarding the percentage associated with the Municipal Accommodation Tax regarding the proposed expansion.

#09-09-2024

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

That Council receives Treasurer’s report TR24-08 “Proposed Amendments to By-Law 2021-83, Transient Municipal Accommodation Tax”; and

That Council provides direction on expansion of the Municipal Accommodation Tax program.

Carried

#09-10-2024

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

That Council approves the 4% Municipal Accommodation Tax excluding campgrounds and marinas; and

That the Treasurer will bring a report pertaining to clarification on campground exemptions at a future meeting; and 

That the expansion of the Municipal Accommodation Tax will be effective January 1, 2025.

Carried

7. Clerk Report No. C 24-09

Re: Municipal Drainage Committee

Clarification was provided surrounding the composition of the Municipal Drainage Committee. It was noted that the land owner representatives and the Municipal representative would be the voting members of the Committee. 

It was noted that the Committee will assist with the Municipal Drainage Program and with public education surrounding municipal drains. 

Todd Dowd volunteered to be the Council rep

#09-11-2024

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

That Council receives Staff Report C 24-09, entitled Municipal Drainage Committee, and 

That Council selects Councillor Todd Dowd to be appointed to the Municipal Drainage Committee at the April 8th, 2024, regular Council meeting.

Carried

8. Accounts Payable Voucher

Re: February 2024

#09-12-2024

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

That Council receives approved Accounts Payable Voucher for February 2024, in the amount of $1,068,147.72.

Carried

9. Chi Cheemaun Festival Committee

Re: January 17, 2024, Meeting Minutes

Councillor Sohrab noted that a review of financial reports from 2023 demonstrated that the Chi Cheemaun Festival Committee was allocated the expense for the portable toilet rentals at the Tobermory Ball Diamond. 

It was requested that the expense be waived for 2024 due to the seasonal duration of the units at the location. 

Chief Administrative Officer, Peggy Van Mierlo-West, noted that staff will look after the request.

#09-13-2024

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

That the minutes of the Chi Cheemaun Festival Committee Meeting No. 24-01, January 17, 2024, and all actions contained therein be approved as printed and circulated.

Carried

10. Chi Cheemaun Festival Committee

Re: February 28, 2024, Meeting Minutes

It was noted that the name of the previous Committee Chair was utilized within the February 28, 2024, Committee minutes when the meeting was called to order. 

It was noted that amendments would be completed to correct the error.

#09-14-2024

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

That the minutes of the Chi Cheemaun Festival Committee Meeting No. 24-02, February 28, 2024, and all actions contained therein be approved as amended.

Carried

Other Business

Deputy Mayor Anderson inquired regarding the proposed completion of a Cost-Benefit Analysis regarding the relationship between Bruce County and the Municipality of Northern Bruce Peninsula (MNBP). 

It was noted that Chief Administrative Officer, Peggy Van Mierlo-West, will bring a report to the March 25, 2024, Council Meeting regarding the hiring of a consultant to complete the Cost-Benefit Analysis.

Discussion ensued regarding the relationship between Bruce County and MNBP.

Discussion ensued as to why the Cost Benefit Analysis cannot be completed internally. It was noted that sufficient resources are not available to complete the project. 

Councillor Dowd commented regarding the need for further public education regarding the Short-term Accommodation Program. 

Committee and Licensing Coordinator, Lindsay Forbes, stated that public outreach will be conducted regarding the Short-term Accommodation Program. 

Councillor Golden inquired regarding the status of the requested report regarding the expansion of the Short-term Accommodation Program to Rural and Commercial Zones.

Committee and Licensing Coordinator, Lindsay Forbes, noted that the report is complete and will be on the March 25, 2024, Council Agenda. 

Councillor Golden provided clarification on an inquiry made at the February 26, 2024, Council Meeting regarding approximately $18,000.00 on the December 2023 Accounts Payable Voucher for Discovery Pass. She stated that Discovery Pass encompasses parking pass fees which are collected and remitted to Parks Canada for entrance fees.

Councillor Sohrab inquired regarding additional funding from the Federal Government to reduce the significant pressure felt by MNBP regarding the tourism driven by the Bruce Peninsula National Park and Fathom Five National Marine Park.

Councillor Golden noted that Council is awaiting a staff report regarding associated costs including Fire and Emergency Services, roads, and facilities. She further noted that the original Park Agreement states that the Park shall not be a cost to the Municipality.

Councillor Sohrab inquired regarding an update on the streetlight repairs throughout the Municipality.

Chief Administrative Officer, Peggy Van Mierlo-West, noted that the Public Works Manager has been in contact with the contractor.

Correspondence

1. Clean Energy Frontier (Information)

Re: February News Letter

2. Treasury Board President – Hon. Caroline Mulroney (Information)

Re: Congratulatory Letter – Community Emergency Preparedness Grant Program

3. Resolution – Save Georgian Bay (Information)

Re: Pumped Storage Plant

As the organization has a delegation scheduled for the March 25, 2024, Council Meeting, it was noted that the Resolution from Save Georgian Bay will be placed on the corresponding Council agenda.

#09-15-2024

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

That the correspondence items be received as information as printed and circulated.

Carried

Reading of By-laws

By-law 2024-11

A by law to amend the Municipality of Northern Bruce Peninsula By-law 2002-54, as amended. (512 The Bury Road)

By-law 2024-17

Being a By-Law to Adopt the Estimates of All Sums Required During the Year and Set The 2024 Tax Rates

By-law 2024-18

Being a By-law to Amend By-law No. 2002-54, as Amended, Being the Comprehensive Zoning By-law for the Municipality of Northern Bruce Peninsula As it relates to the Removal of the Holding (H) Zone Provision – Town Plot Bury WBR Pt Lot 6 RP 3R173 Part 17(St. Edmunds); 43 China Cove Road, Municipality of Northern Bruce Peninsula.

By-law 2024-24

Being A By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Monday, March 11, 2024

#09-16-2024

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

That the listed by-laws be given 1st, 2nd, and 3rd reading, and enacted.

Carried

Closed Session – Nil.

Adjournment

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#09-17-2024

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

That the meeting adjourns at 2:45 p.m.

Carried