Municipality of Northern Bruce Peninsula Council Meeting Minutes May 27, 2024

June 26, 2024

395

Members Present: Mayor – Milt McIver, Deputy Mayor – Rod Anderson, Councillor – Todd Dowd, Councillor – Laurie (Smokey) Golden

Members Absent: Councillor – Aman Sohrab

Staff Present: Chief Administrative Officer – Peggy Van Mierlo-West, Committee/Licensing Coordinator – Lindsay Forbes, Public Works Manager – Troy Cameron, GIS/IT Manager – Kara Smith, Chief Building Official – Wendy Elliott, Bylaw Enforcement Officer – Carol Hopkins, Fire Chief – Jack Burt, Parks and Facilities Manager – Mark Coleman

Others Present: Dave Wardrop, Ian Kelland, Loretta Plomley

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 1:02 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

#16-01-2024

Moved by Deputy Mayor Rod Anderson, 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. 24-14, May 13, 2024

Discussion ensued regarding the removal of the address from Resolution #14-11-2024.

#16-02-2024

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

That the minutes of Council Meeting No. 24-14, May 13, 2024, be approved as amended.

Carried

Re: Special Council Meeting No. 24-15, May 22, 2024

#16-03-2024

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

That the minutes of Special Council Meeting No. 24-15, May 22, 2024, be approved as printed and circulated.

Carried

Public Meeting – Nil.

Delegation

Dave Wardrop

Re: Closing a portion of Crane Lake Road

Dave Wardrop appeared in person at the May 27, 2024, Council Meeting.

Mayor McIver welcomed Dave Wardrop to the Council Meeting.

Mr. Wardrop requested the closure of the portion of Crane Lake Road which runs through his two parcels of land.

Mr. Wardrop stated concerns surrounding the liability associated with the road, as he is regularly called to pull out vehicles. Mr. Wardrop further noted that there is insufficient room to pass when two cars meet on the section of road and that vehicles regularly park on his property in the long grass, which he stated as a serious fire hazard.

It was noted that Mr. Wardrop routinely cleans up garbage and performs maintenance on the road to address the increased utilization of the area.

Mr. Wardrop requested the immediate closure of a portion of the road to the public, excluding affected land owners, emergency services, and the Municipality. Mr. Wardrop further requested the posting of signage reflecting a private road and the creation of an adequate area for vehicles to turn around.

Mr. Wardrop further requested that the road be returned to the condition it was in prior to the utilization by high volumes of traffic.

Mr. Wardrop noted that if his request to close a portion of the road is not approved, that he is requesting a legal document stating that the Municipality of Northern Bruce Peninsula is solely liable for any damages and/or lawsuits.

Councillor Golden noted that legal advise from the municipal attorney is required prior to Council discussing the noted requests.

Mr. Wardrop noted that the condition of the road has significantly deteriorated due to the increased traffic. He further noted that due to the road being washed out, he is regularly called to pull vehicles out of the ditches.

Mayor McIver noted that staff will conduct a thorough investigation regarding the road.

Discussion ensued surrounding previous maintenance performed on the road.

Ian Kelland and Loretta Plomley

Re: Short-term Accommodation Issues – 109 Spry Shore Road

Ian Kelland and Loretta Plomley appeared in person at the May 27, 2024, Council Meeting.

Mayor McIver welcomed Ian Kelland and Loretta Plomley to the Council Meeting.

Ian Kelland began the delegation by providing Council with an overview of the concerns retained by residents of the Spry Shores Road community regarding the Short-term Accommodation (STA) located at 109 Spry Shore Road. Mr. Kelland further noted that his long-time neighbours, Roger and Loretta Plomley, feel compelled to sell their home due to the STA which has been operating next door to their home.

The following issues were identified;

· Noise levels

· Lack of enforcement surrounding occupancy limits

· Renters retaining the ability to invite guests to the property during the day

· Advertisements/Listings for the rental displaying incorrect information pertaining to occupancy limit

· Excessive lighting

· Clear cutting of property

· Unattended fires

· Fireworks

· Garbage

· Trespassing on neighbouring properties

· Unsafe driving associated with the renters of the property

Ian Kelland noted that the STA at 109 Spry Shore Road has changed the character and quality of their community and the quality of life for the Plomley’s.

It was noted that the property reflects that of a motel, not as a residential dwelling.

Ian Kelland provided an overview of the Short-term Accommodation Programs utilized by the Township of Muskoka Lakes and the City of Owen Sound and requested that Council amend their program to reflect certain provisions contained within the noted programs, including maximum number of days rented and occupancy limits.

Discussion ensued regarding the reporting of complaints surrounding the property to the Municipal Bylaw Department.

It was noted that several members of the Spry Shore Road community have submitted letters of support, which are included within the correspondence section of the May 27, 2024, Council meeting, requesting the immediate revocation of the STA Licence for 109 Spry Shore Road and the elimination of Class C licences from the STA Licensing Program.

Ian Kelland inquired why the amendment to the STA By-law on May 13, 2024, solely prohibited C Licences within RU1, RU2, and C1-a Zones and not Residential Zones.

An audio recording from 109 Spry Shore Road was played for members of Council by Ian Kelland. It was noted that the audio was clearly heard, due to the loud volume of the music, from Loretta Plomley’s dwelling. It was further noted that the OPP were called to the property due to the disturbance.

Loretta Plomley provided members of Council an overview of her experiences living beside the STA at 109 Spry Shore Road. The following issues were identified;

· Exceeding occupancy limits

· Excessive noise during the day and night

· Foul language

· Extreme lighting

· Clear cutting of the property (Further intensifying the noise generated from the rental)

· Garbage

· Utilization of outdoor speakers

· Unattended fires

· Unsafe driving associated with the renters of the property

It was noted that the quality of life at Loretta’s property has significantly declined, and her husband and herself regularly leave their property to escape the associated impacts of the rental.

Mrs. Plomley further noted that due to the removal of trees at 109 Spry Shore Road, significant snow banks have appeared on her property over the winter due to the absence of their previous wind break.

It was noted that the current Noise By-law requires review as it is insufficient regarding the operation of Short-term Accommodations located in residential areas.

Councillor Golden followed up on the inquiry posed by Ian Kelland regarding the ability for properties located in Residential Zones to receive Class C Licences. She noted that when the STA Licensing Program was initially established, there were several pre-existing rentals which provided rental opportunities year round. She further stated that the recent amendment to the STA By-law was solely reflecting the expansion of the program into Rural and Commercial Zones.

Mayor McIver noted that Council is trying to determine the best approach surrounding Short-term Accommodations within the Municipality. He further noted that Council will look at the STA Licensing Program in the Fall of 2024 and evaluate potential improvements for the program.

Mayor McIver noted that the pictures included within the delegation material do not reflect a typical residential lakefront lot. He further noted that Council should review the STA Licensing Program regarding Class C Licences following a legal review of potential implications.

Deputy Clerk, Lindsay Forbes, noted that she retains the ability as the Licence Issuer to revoke, suspend or cancel a licence, as per the provisions of the Short-term Accommodation By-law. She further noted that Council’s role in the Licensing Program is to act as the Licensing Appeal Committee if the revocation, suspension, or cancellation of an STA Licence is appealed by the property owner.

Deputy Mayor Anderson noted that STA’s must be taken seriously and that Bylaw Enforcement surrounding the rentals must improve.

Mayor McIver noted that staff will compile a report regarding the history of the Short-term Accommodation located at 109 Spry Shore Road. It was noted that the report will be presented to Council within 30 days.

Councillor Golden noted that STA Licences have been revoked in the past surrounding non-compliance with Municipal By-laws.

Deputy Clerk, Lindsay Forbes, provided an overview of the complaint process as it pertains to the revocation of a licence. She noted that the objective of the Licensing Program is to ensure that complaints are dealt with quickly and effectively by the Property Manager/Responsible Person. She further noted that properties are evaluated on a case-by-case basis surrounding the nature of the complaint and the response from the Property Manager/ Responsible Person surrounding compliance with Municipal By-laws.

Councillor Dowd stated that as a former resident of the Spry Shore Road community, he is surprised to see and hear what is occuring at the rental. He further stated that things must improve regarding 109 Spry Shore Road.

Discussion ensued regarding tree retention on properties within the Municipality.

Municipal Bylaw Enforcement Officer, Carol Hopkins, provided an overview of the Bylaw Enforcement Officer’s Schedule. The following schedule was noted;

· June – Monday – Thursday: 9:00 a.m. – 5:00 p.m., Friday – Sunday: 9:00 a.m. – 10:00 p.m.

· July – Monday – Thursday: 9:00 a.m. – 9:00 p.m., Friday – Sunday + Holiday Monday’s: 9:00 a.m. – 12:00 a.m.

It was noted that calls regarding fires should be directed to 911 to ensure the Fire Department is dispatched.

Mayor McIver thanked Ian Kelland and Loretta Plomley for their delegation.

Consideration of Agenda Items

1. Parks and Facilities Manager Report No. PF 24-07

Re: Quotation for Beach Sand Groomer Equipment

#16-04-2024

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

That Council receives Parks and Facilities Report PF 24-07 regarding Quotations for Beach Sand Groomer Equipment as information; and

That Council approves the quotation from Oneida New Holland for the purchase and supply of one new Clean Sands Model HD65 Sand Cleaner unit in the amount $31,000.00 + HST.

Carried

2. Fire Chief Report No. FC 24-06

Re: Emergency Management Exercise Update

Fire Chief, Jack Burt, provided an overview of the information contained within Fire Chief Report No. FC 24-06 Re: Emergency Management Exercise Update.

Discussion ensued surrounding the role of Council in Emergency Management regarding the distribution of clear and concise information to members of the public.

#16-05-2024

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

That Council receives FC 24-06 report titled Emergency Management Exercise Update as information.

Carried

3. Fire Chief Report No. FC 24-07

Re: Fire Department Operating Guidelines, Operating Procedures, & Policies

Fire Chief, Jack Burt, provided an overview of Fire Chief Report No. FC 24-07 Re: Fire Department Operating Guidelines, Operating Procedures, & Policies.

#16-06-2024

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

That Council receives FC 24-07 report titled Fire Department Operating Guidelines, Operating Procedures, & Policies; and

That Council approves the attached document titled Northern Bruce Peninsula Fire & Emergency Services Operating Guidelines, Operating Procedures, & Policies.

Carried

4. Fire Chief Report No. FC 24-08

Re: Fire Service Review Update

Fire Chief, Jack Burt, provided an overview of Fire Chief Report No. FC 24-08 Re: Fire Service Review Update.

Discussions ensued regarding the recommendations contained within the Fire Service Review.

Discussion ensued regarding recommendation #9, which recommends the replacement of both Fire Halls within the Municipality.

#16-07-2024

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

That Council receives FC 24-08 report titled Fire Service Review Update as information.

Carried

5. Municipal Law Enforcement Officer Report No. MLEO 24-07

Re: Bylaw No. 2024-43 Being a Bylaw to Amend Bylaw 2023-10 to Regulate Paid Parking and Control Traffic and More Particularly the Parking, Stopping or Standing of Vehicles and the use of Municipal Parking Lots within the Municipality of Northern Bruce Peninsula

Discussion ensued surrounding the availability of parking within downtown Tobermory.

Municipal Law Enforcement Officer, Carol Hopkins, provided an overview of Municipal Law Enforcement Officer Report No. MLEO 24-07 Re: Bylaw No. 2024-43 Being a Bylaw to Amend Bylaw 2023-10 to Regulate Paid Parking and Control Traffic and More Particularly the Parking, Stopping or Standing of Vehicles and the use of Municipal Parking Lots within the Municipality of Northern Bruce Peninsula.

It was noted that Municipal Law Enforcement Officer, Carol Hopkins will provide on update on the status of the parking lot located on the south side of Little Tub Harbour.

#16-08-2024

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

That Council receives MLEO 24-07 Report titled Bylaw No. 2024-43 Being a Bylaw to Amend Bylaw 2023-10 to Regulate Paid Parking and Control Traffic and More Particularly the Parking, Stopping or Standing of Vehicles and the use of Municipal Parking Lots within the Municipality of Northern Bruce Peninsula, and

That Council supports the passage of Bylaw No. 2024-43 Being a Bylaw to Amend Bylaw 2023-10 to Regulate Paid Parking and Control Traffic and More Particularly the Parking, Stopping or Standing of Vehicles and the use of Municipal Parking Lots within the Municipality of Northern Bruce Peninsula at today’s meeting.

Carried

6. Deputy Clerk Report No. DC 24-01

Re: Short-term Accommodations By-law Amendments – By-law 2024-47

It was noted that a review of the Short-term Accommodation Licensing Program will occur in the Fall.

#16-09-2024

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

That Council receives Committee and Licensing Coordinator Report No. DC 24-01, entitled “Short-term Accommodation By-law Amendments – By-law 2024-47” as information; and

That By-law 2024-47 – 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 be presented and considered for passage at the June 10, 2024, Council meeting.

Carried

7. Treasurer Report No. TR 24-12

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

#16-10-2024

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

That Council receives Treasurer’s report TR24-12 “Proposed Amendments to By-Law 2021-83 Transient Municipal Accommodation Tax”; and;

That By-law 2024-23, Being a by-law to Impose a Transient Municipal Accommodation Tax Within the Municipality of Northern Bruce Peninsula, be presented and considered for passage on June 24, 2024, and;

That the expanded definition of hotels, motels, hostels, cabins, cottages and bed and breakfast establishments be effective on January 1st, 2025.

Carried

8. Clerk Report No. C 24-21

Re: Grey Bruce Detachment Joint Board – Status Update

#16-11-2024

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

That Council receive report C 24-21 – Grey Bruce Detachment Joint Board – Status Update, as information.

Carried

9. Clerk Report No. C 24-22

Re: Owner: Blue Bay Motel Ltd. (Steve Levack)

Agent: Michael Schnare

File: Z-2024-024

Property Address: 2 Front Street, Town Plot Bury EBR Pt Lots 45 to 47 NS Front Street, RP 3R292; Part 2, 3, & 6 and RP 3R474, Part 3, Tobermory, Municipality of Northern Bruce Peninsula

Roll 410968000535900

It was noted that the Public Meeting for Zoning Amendment Z-2024-024 (2 Front Street) is scheduled to occur prior to the Council meeting at 1:00p.m. on Monday, June 10, 2024.

Discussion ensued surrounding work that has occurred at the property to date prior to the approval of Zoning Amendment Z-2024-024.

Chief Administrative Officer, Peggy Van Mierlo-West, noted that the Municipality’s drone can be utilized to obtain an updated photo of the property.

#16-12-2024

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 comments to the rezone the property, submitted by the Agent, Michael Schnare, on behalf of owner, Blue Bay Motel Ltd. (Steve Levack), for property legally described as and 2 Front Street, Town Plot EBR Pt Lots 45 to 47 NS Front Street; RP 3R292; Part 2, 3, & 6 and RP 3R474, Part 3; Tobermory, Municipality of Northern Bruce Peninsula, as follows:

1. The property falls within the designated “truck collecting area” established by the Ministry of Transportation (MTO) to manage recreational vehicles, larger loads, and commercial vehicles, which are the first to offload from the Chi-Cheemaun ferry. This portion of Front Street serves as a holding area for these vehicles, allowing passenger vehicles to offload and proceed southbound on Highway 6 for safety reasons.

2. Due to safety concerns associated with the docking and departure of the M.S. Chi- Cheemaun, this area is not suitable for launching canoes, paddleboards, kayaks, etc.

3. A comprehensive traffic study is necessary to evaluate pedestrian traffic flow, particularly for users walking from the Blue Bay Motel.

4. The proposed private park must include facilities such as washrooms and bear-proof garbage containers to accommodate users.

5. It’s important to note that this application does not align with the zoning by-law’s intent, as the majority of the street is zoned for residential purposes.

Carried

10. Chief Administrative Officer Report No. CAO 24-11

Re: Deputy Clerk Appointment

#16-13-2024

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

That Council receives the Deputy Clerk Appointment By-Law Report, and

That Council enacts By-law No. 2024-45, being a by-law to appoint Ms. Lindsay Forbes as Deputy Clerk, at this regular Council meeting of Council on Monday, May 27, 2024.

Carried

11. Chief Administrative Officer Report No. CAO 24-12

Re: Committee and Planning Coordinator – Description Revision

It was noted that the Committee and Planning Coordinator position would link to the recommendations contained within the Fire Service Review.

#16-14-2024

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

That Council receives Report CAO-24-12 titled Committee and Planning Coordinator – Description Revision, and

That Council approves the revised description.

Carried

12. Chi Cheemaun Festival Committee

Re: May 15, 2024, Meeting Minutes

#16-15-2024

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

That the minutes of Chi Cheemaun Festival Committee Meeting No. 24-05, May 15, 2024, and all actions contained therein be approved as printed and circulated.

Carried

Other Business

Mayor McIver inquired surrounding the waiving of parking fees for the upcoming pickleball tournament and an event held by the Legion at the Lion’s Head Rotary Hall.

· The CAO advised that she would contact the event organizers.

Councillor Golden inquired surrounding the status of the Electric Vehicle Chargers at the Tobermory Community Centre.

· It was noted that ChargeQuest is waiting for Hydro One to perform maintenance at the site.

· The CAO advised that she would contact ChargeQuest regarding recommendations for the chargers.

Councillor Dowd inquired regarding tree retention within the Municipality surrounding the development of land.

· It was noted that staff would investigate the proposed idea.

Correspondence

1. Ministry for Seniors and Accessibility (Information)

Re: Seniors Month

2. MPP Rick Byers – Media Release (Information)

Re: Ontario Connecting Youth to Specialized Mental Health Care in Owen Sound

3. Lindsay Griffith (Information)

Re: Parking Removal Concerns in Downtown Tobermory

4. Susan Griffith (Information)

Re: Parking Removal Concerns in Downtown Tobermory

5. Ian Kelland (Information)