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, Deputy Clerk – Lindsay Forbes, Treasurer – Teresa Shearer, Fire Chief – Jack Burt, Parks and Facilities Manager – Mark Coleman (Zoom)
Others Present:
Laurie Myles, Emmy Arnold, David Loney, Patti Hellyer, Darryl Robins, Bruce County Land Use Planner – Monica Morrison (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
#26-01-2024
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Todd Dowd
That the content of the agenda be approved as presented.
Carried
Adoption of the Minutes
Re: Council Meeting No. 24-25,September 23, 2024
#26-02-2024
Moved by Councillor Aman Sohrab, Seconded by Deputy Mayor Rod Anderson
That the minutes of Council Meeting No. 24-25,September 23, 2024, be approved as printed and circulated.
Carried
Public Meeting – Nil.
Delegation
Laurie Myles, Emmy Arnold, and David Loney
Re: Stokes Bay Water Pollution and Testing
Laurie Myles and David Loney appeared in person at the October 15, 2024, Council Meeting.
Laurie Myles began the delegation by commenting on the observance of thick algae extending from Stokes Bay towards Hardwick Cove and outward towards Knife Island and Lyle Island, this past summer.
Laurie Myles stated that in previous years, the water in Stokes Bay settles from stirred up water to clear water in June following the spring melt. She further noted that the water in Stokes Bay never returned to a clear state in 2024.
Laurie Myles noted that the Bruce Peninsula Biosphere Association (BPBA) is implementing several initiatives regarding water health, including the Six Streams Initiative.
Laurie Myles inquired surrounding the need for stewardship practices within the Municipality for private owners.
Laurie Myles noted that Grey Bruce Public Health, the Ministry of Natural Resources, Ministry of Environment, and the Municipality of Northern Bruce Peninsula were contacted regarding this issue. She further noted that each organization referred the group to another organization as the applicable authority to contact surrounding the issue was not know.
Laurie Myles noted that Lion’s Head Beach is the only beach in Northern Bruce Peninsula monitored by the Grey Bruce Public Health Unit surrounding water testing.
David Loney commented surrounding the potential for the algae to contain neurotoxins and that the heightened presence of the algae in 2024 demonstrates a potential significant health issue.
David Loney noted that the majority of the Bruce Peninsula drains on the Lake Huron side, therefore demonstrating a need to ensure consistent monitoring of Stokes Bay and the watershed.
David Loney noted that big changes have recently occurred on private property within the last kilometer of the Stokes Bay River.
David Loney highlighted the importance of testing and measuring the water.
Discussion ensued surrounding the need for private owners along prominent rivers to engage in stewardship practices.
David Loney inquired surrounding the authoritative body of the water course and the potential to obtain funding to perform water testing.
Mayor McIver noted that staff will provide information surrounding the requests to Council.
Laurie Myles noted that the Ministry of Natural Resources did not respond to inquiries made by the concerned group of citizens.
Deputy Mayor, Rod Anderson, noted that a portion of the Stokes Bay River is under federal jurisdiction as it is a navigable river.
Mayor McIver thanked Laurie Myles and David Loney for their presentation.
Patti Hellyer and Darryl Robins
Re: Increase in Municipal Tax for Aggregate Pit and Quarry Operations
Patti Hellyer and Darryl Robins appeared in person for the October 15, 2024, Council Meeting.
It was noted that a local group of concerned pit and quarry owners would like to take this opportunity to inform and consult with the Municipality on the sudden excessive increase in property taxes for Ontario’s aggregate properties that has occurred this taxation year, the following was stated:
· In 2023, MPAC completed a reassessment of pit properties in the province of Ontario.
· The taxation effect of the 2023 reassessment was not realized until aggregate property ratepayers received their July 1, 2024 municipal property taxes. The 2023 property tax assessment values were also entered as the 2016 property value, so that the new 2023 property tax values would be exempted from O.Reg 261/23 which officially extends the January 1, 2016 current value base year to apply to the 2024 taxation year, thus increasing taxes during the provincial reassessment moratorium.
· 2024 taxation year, thus increasing taxes during the provincial reassessment moratorium. It is also feared that another property assessment will occur in the later half of 2024 or 2025 to account for “current” property values resulting in another significant increase in aggregate property in the next year or two.
· The effect of MPAC’s reassessment on property taxation was a sudden increase of up to almost 400% of the 2023 property tax amount for some properties. There was no warning or information from the Province, MPAC or the Municipality on the upcoming increase until the actual property tax invoices were received in July, 2024.
The concerns were stated as follows:
· Owners were not appropriately advised nor warned at any time of the intended consequences of the reassessment and the impact on property taxes by either the Province, MPAC or the Municipality.
· The assessment and property tax system is flawed as property tax increases are not indicated on the February municipal tax installment notices, the Owner’s opportunity for an MPAC property tax reassessment request expired in March, and new annual property tax details/amounts for the taxation year are provided on the July municipal tax notice which is beyond the reassessment reconsideration request period.
· The Bruce Peninsula has a limited amount of aggregate resources due to physical availability; attainability due to approvals/restrictive land use policies; and/or too expensive to permit/develop. With increasing energy costs, transporting aggregates from farther areas is considerable and will have a substantial increase in local construction.
· By increasing production to cover property taxes (assuming the aggregate market even exists), we are depleting reserves and turning our back on sustainability for local resources.
· Property tax increases will ultimately increase aggregate prices and aggregate prices cannot be raised enough to recoup the property tax increase for small operations. To compensate for this other construction services (ex. equipment rates) provided by local operators will have to be increased as well to offset the costs. If the government is serious about addressing the housing crisis, why are taxation programs being implemented that increase the cost of a fundamental building component (ex. aggregate is used for road base, asphalt, concrete, filling, etc.)? These costs will also raise government infrastructure and maintenance costs, thus either less services and/or higher taxes being passed down to all ratepayers.
· We assume that due to the attention of the property tax increase issue, a “one-time” reduced education tax for the 2024 taxation year is supposedly being implemented through the municipal taxation system. Many of the local aggregate property owners have received a Special Amended Property Assessment Notice in mid-August 2024 pertaining to a reduced education tax rate, but no changes to the assessment value of the property were implemented. Specific details of the education tax rate reduction were not provided in the notices above.
· The current provincial government has delayed all property reassessments (except aggregate properties) until 2025. We are concerned that since the 2024 taxation assessments have been backdated to a property assessed value of 2016, there may be another new property assessment increase when the provincial property reassessment moratorium is lifted for the 2025 taxation year and another substantial property tax increase.
· MPAC did not consult with Owners during the 2023 reassessment effort and such Owner consultation is critical as MPAC does not consult annual compliance reports or TOARC (The Ontario Aggregate Resources Corporation) reporting documents to understand the actual scale of operations of a specific pit or quarry and the status of rehabilitation for pit operations. MPAC consultation with owners and operators is stipulated in their updated Methodology Guide: Valuing Pits and Quarries in Ontario – Valuation Date: January 1, 2016 September 2023. https://www.mpac.ca/sites/default/files/docs/pdf/PitsandQuarries_MethodologyGuide.pdf
The following questions were asked by the local group of concerned pit and quarry owners.
· When did the Municipality become aware of the proposed changes and significant impacts to property taxes?
· It is our understanding that there was an “opt-out” option for municipalities for the new aggregate tax system. Can the Municipality confirm if there was an opt-out option and if so, what details were considered by the Municipality in making a decision?
· Was the Municipality aware of the special “municipal” appeal period for MPAC aggregate tax rates that expired on March 31, 2024? If not, why? If an appeal was filed we would appreciate receiving details of the appeal? (See MPAC Industry Information Session – Updates on Pit & Quarry Assessments” – https://www.youtube.com/watch?v=I13k25D1Tt8 @ 43:44 mins)
· Is the Municipality aware of and implementing the “one-time” reduced education tax rate for the 2024 taxation year? If so, when are details and/or revised taxation notices going to be received? The final tax installments for 2024 are due on September 30, 2024.
· Does the Municipality have the ability to locally reduce the tax rate on the aggregate industrial property subclass?
It was noted that the Treasurer will provide a report to Council in response to the above noted inquiries.
Mayor McIver thanked Darryl Robins and Patti Hellyer for their presentation.
Consideration of Agenda Items
1. Monica Morrison, Land Use Planning Manager
Re: Draft New Bruce County Official Plan
Municipality of Northern Bruce Peninsula Council has requested a follow-up report from the presentation delivered by Planning and Development Land Use Planning Manager, Monica Morrison and Director, Jack Van Dorp regarding the draft new Bruce County Official Plan on September 23rd.
Council requested more information on the specific impact of the proposed Official Plan on the municipality, a more detailed explanation of the requested municipal boundary adjustments, a discussion on nitrates and how the policies impact development, and an explanation of the core areas and linkages and how the policies for these areas impact development.
Monica Morrison provided an overview of the information contained within the report, the following was noted:
· Northern Bruce Peninsula has a lower population relative to most other municipalities in Bruce County with both settlement areas and shoreline development areas that are geographically dispersed. This poses unique challenges for land use planning including consideration of cost of delivery of services.
· The draft County Official Plan directs most growth to settlement areas and provides high level direction for these areas, recognizing that local official plans provide more detailed policies to suit local contexts. This means that the majority of new growth in Northern Bruce Peninsula is intended to occur in the villages and hamlets.
· Due to the abundance of designated land within the Shoreline and Seasonal Recreational areas in Northern Bruce Peninsula it is expected that some development will continue in these areas. However, due to servicing constraints there will be fewer total homes in these areas and little opportunity for a mix of housing types.
· In directing the bulk of new growth to settlement areas the draft new Official Plan aims to support efficient use of resources, including delivery of services like arenas, community centres, healthcare, and emergency management services. Further, development on full municipal services supports compact communities that are more cost effective to service with water, sewer, drainage, and roads.
· Based on the current supply of Shoreline and Seasonal Recreational land designated in the draft Bruce County Official Plan, Northern Bruce Peninsula is expected to continue to have a significant proportion of its residential growth taking place outside of settlement areas. Planning staff have recommended a modest reduction to the Hamlet of Dyers Bay to recognize the wishes of the current owners and to more accurately reflect future development in the Hamlet. Northern Bruce Peninsula may wish to consider further designation reductions, particularly in Shoreline and Seasonal Recreational areas with servicing and access challenges.
· Within core areas, development continues to be directed away from Provincially Significant Wetlands and Coastal wetlands in accordance with long-standing provincial direction. Core area wetlands larger than 4 hectares are protected from development by the policies of the draft new Bruce County Official Plan. This protection goes beyond the requirements of provincial direction. The intent of protecting these features is to protect the ecological integrity of the largest intact natural areas.
· When development is proposed within, or adjacent to, other significant natural features within the core areas such as significant woodlands or Areas of Natural and Scientific Interest, development may be permitted subject to the demonstration of no negative impacts to the natural environment features and functions.
· To support the ecological integrity of the core areas, consent policies in Rural designated lands in core areas are proposed to only allow one severance for a total of two lots including the severed and the retained lot per original township lot. The purpose of this policy is to limit fragmentation of the core areas and limit the number of new residential lots to a level that is not harmful to the ecological functions of the core areas.
· A particular geological feature impacting the Water Resource System in Northern Bruce Peninsula is karst. Karst is typically identified where there is less than 1 m of topsoil over fractured bedrock. When large scale development is proposed within areas identified as karst, the draft Bruce County Official Plan would consider the development in accordance with a Karst Assessment Report. For small scale development, risks are to be managed through associated policies.
· The policies in the draft do not address manure spreading which is regulated under the nutrient management act.
· Overall, the impact in Northern Bruce Peninsula is a net increase in lands designated Rural. This designation has a lower minimum lot area for the creation of an agricultural parcel and is more permissive for non-farm severances.
· The Planning Department is making some adjustments to boundaries of land use designations on the proposed mapping. When this work is complete, we will be able to make an accurate calculation of the net change of Agriculture and Rural designations. In the meantime, the best way to review the proposed changes is to view the designations on the interactive map viewer, which is available at https://experience.arcgis.com/experience/9895216d864b4cefabdcee7821066846
· In most municipalities in Bruce County, including Northern Bruce Peninsula, the local official plans do not contain policies that address development outside of settlement areas. This approach supports a consistent country-wide planning framework and reduces duplication where planning applications are required.
· Two boundary adjustment requests are currently under consideration for the lands within the Municipality of Northern Bruce Peninsula. One adjustment has been identified by staff in consultation with the land owners in the Hamlet of Dyers Bay. The property affected is owned by an organization dedicated to conservation, therefore they are in agreement to take the land out of the hamlet designation and designate the lands Open Space. The other adjustment has been requested by the owner of lands in a Shoreline and Seasonal Recreational area in the former Township of Eastnor off Little Pike Bay Road.
Discussion ensued surrounding the information contained within the Draft New Bruce County Official Plan
Discussion ensued surrounding the reduction of permitted severances in core zones.
It was noted that the provisions intend to reduce fragmentation of wildlife habitats and protect natural heritage in the associated areas.
Discussion ensued surrounding the amount of protected land within the Municipality concerning National Parks and Conservation Areas.
Councillor Golden stated that Council should consider supporting the position suggested by South Bruce Peninsula, in that the County Official Plan should reflect the provincial policy statement and further guidelines would be up to the associated municipality.
Monica Morrison noted that the core areas and the karst areas are not a prohibition on development, rather they provide provisions for municipalities to follow.
It was noted that comments should be submitted before October 25, 2024 to ensure they are included on a report for the November 7, 2024, County Council Meeting.
Mayor McIver requested that a Special Council meeting be scheduled to discuss the information provided within the report.
Mayor McIver thanked Monica Morrison for her presentation.
#26-03-2024
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Todd Dowd
That the report from Monica Morrison, Bruce County Land Use Planning Manager, regarding the draft Bruce County Official Plan, be received for information.
Carried
2. Public Works Manager Report No. PW 24-25
Re: Water and Wastewater Master Plan Options and HEWS Funding Opportunity
It was noted that funds to complete the Water and Wastewater Master Plan are contained within the Budget. It was further noted that additional funding requirements would be included within 2025 Budget discussions.
It was noted that developers and Parks Canada are in support of the proposed plans.
Discussion ensued surrounding the scheduling of Public Information Sessions in the spring of 2025 to ensure a significant portion of our residents are within the Municipality.
#26-04-2024
Moved by Councillor Aman Sohrab, Seconded by Deputy Mayor Rod Anderson
That Council receives PW 24-25 report titled Water and Wastewater Master Plan Options and HEWS Funding Opportunity, as information; and
That Council authorize WSP and OCWA to complete the updates to Water and Wastewater Master Plan for Tobermory and Lion’s Head; and
That Council authorizes WSP and OCWA to proceed with completing a Schedule C Environmental Assessment and the subsequent detailed design and construction support of a new water treatment plant and distribution system for the Tobermory Area; and
That Council supports the application of the HEWSF Intake II funding opportunity and authorizes WSP and OCWA to assist the Municipality in completing the HEWSF Funding Application for the completion of Schedule C Environmental Assessment and the subsequent detailed design and construction support of a new water treatment plant and distribution system for the Tobermory Area.
Carried
3. Fire Chief Report No. FC 24-09
Re: Replacement of Fire Service’s Records Management Software
#26-05-2024
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd
That Council receives FC 24-09 report titled Replacement of Fire Service’s Records Management Software; and
That Council authorizes the Fire Chief to enter into an agreement with Locality Medic Inc. to purchase First Due for the replacement of the Fire Service’s records management software.
Carried
4. Chief Building Official Report No. BD 24-27
Re: No Demand for Services Site Plan Control Agreement
Owner: Mr. Takuma Handa
Con 10 EBR Pt Lot 2, 121 Water Street
Assessment Roll No. 4109 620 009 05503 0000
Property Identifier Number (PIN): 33122-0189 (LT)
#26-06-2024
Moved by Councillor Laurie (Smokey) Golden
That, the negotiation, and registration of a No Demand for Services Site Plan Control Agreement requested by Mr. Takuma Handa, owner of the property legally described as Con 10 EBR Pt Lot 2 and located at 121 Water Street, Municipality of Northern Bruce Peninsula be approved.
Carried
5. Parks and Facilities Manager Report No. PF 24-21
Re: Lion’s Head Harbour Dock “B” Replacement
Parks and Facilities Manager, Mark Coleman noted that the Procurement Policy was not followed surrounding the Lion’s Head Harbour Dock “B” Replacement as the Parks and Facilities Department wishes to standardize the docks contained within Municipal Harbours. He further noted that the docks utilized to replace Dock “C” have held up exceptionally and contain service trays under the dock to facilitate for servicing requirements.
It was noted that the quote to replace Dock “B” was received during the RFP process to replace Dock “C” and that the quoted price remains valid at this time.
#26-07-2024
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Aman Sohrab
That Council receives Parks and Facilities Report PF 24-21 regarding Lion’s Head Harbour Dock B Replacement as information; and
That Council waives Purchasing Policy section 5.4.1 requirement to tender and exempts the purchase order for Dock B replacement per section 5.4.2.4 as a single source purchase to standardize dock specifications; and
That Council authorizes pre-budget approval and accepts the quote from Kroph Industrial Inc for the replacement of Dock B in the amount of $237,000 + HST to be funded from the Lion’s Head Marina Reserve.
Carried
6. Parks and Facilities Manager Report No. PF 24-22
Re: Falconry Services Proposal for Goose Control at Lion’s Head Waterfront
Discussion ensued surrounding the information contained within Parks and Facilities Manager Report No. PF 24-22 Re: Falconry Services Proposal for Goose Control at Lion’s Head Waterfront.
Discussion ensued surrounding the previous utilization of various methods to deter the birds.
It was noted that Port Elgin should be contacted surrounding their experience with Falconry Services.
#26-08-2024
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Aman Sohrab
That Council receives Parks and Facilities Report PF 24-22 regarding Falconry Services Proposal for Goose Control at Lion’s Head Waterfront as information; and
That Council authorizes the trial services of Imperial Falconry Services Inc in the amount of $9,000.00 + HST for goose control activities within the Lion’s Head Beach and Harbour Areas for the balance of fall 2024; and
That Council directs Staff to include the costs of falconry services in future annual budget deliberations.
Carried
7. Chief Administrative Officer Report No. CAO 24-21
Re: 3rd Quarter Report
Discussion ensued surrounding the information contained within Chief Administrative Officer Report No. CAO 24-21 Re: 3rd Quarter Report.
Councillor Sohrab requested a report regarding the potential implementation of a Bag Tag System within the Municipality of Northern Bruce Peninsula.
It was noted that previous figures regarding Waste Management are available online within previous annual reports.
#26-09-2024
Moved by Councillor Aman Sohrab, Seconded by Councillor Laurie (Smokey) Golden
That Council receives the report titled 3rd Quarter Report.
Carried
8. Chief Administrative Officer Report No. CAO 24-22
Re: 3 Centennial Drive
Chief Administrative Officer, Peggy Van Mierlo-West noted that the report is requesting approval to demolish the current building located at 3 Centennial Drive, and commence applicable studies for the development of a new multi-use facility that would include the Meeting Place, Food Bank, a welcome centre, and a parking/shuttle system.
Councillor Golden noted that the public should be consulted surrounding the design of the new building.
#26-10-2024
Moved by Councillor Aman Sohrab, Seconded by Deputy Mayor Rod Anderson
That Council receives the report titled 3 Centennial Drive demolition, and;
That Council approves the demolition of the vacated Primary Place Building located at 3 Centennial Drive and the initiation of engineering studies to construct a new multi-use facility that will serve as a hub for The Meeting Place, a Welcome Centre, parking lot, and seasonal shuttle system; and,
That the allocation of $160,000.00 for the necessary assessments and plans, funded through the Municipal Accommodation Tax and Parking Reserves.
Carried
9. Museum Committee Minutes
Re: September 17, 2024, Meeting
#26-11-2024
Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab
That the minutes of Museum Committee Meeting No. 24-08, September 17, 2024, and all actions contained therein be approved as printed and circulated.
Carried
10. Accounts Payable Voucher
Re: September 2024
#26-12-2024
Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Todd Dowd
That Council receives approved Accounts Payable Voucher for September 2024, in the amount of $4,249,861.64.
Carried
Other Business
Deputy Mayor Anderson noted that the Meeting Place is pleased with the new roof and siding recently installed on the building.
Councillor Golden inquired regarding the status of the project to close a portion of Crane Lake Road that will be closed to the public.
CAO, Peggy Van Mierlo-West, noted that the Public Works Manager has sent out letters to affected land owners and is attempting to make contact with property owners who have expressed concerned.
Correspondence
1. Dominik Franken, Gerry Gregory, Rod Layman (Information)
Re: Improvements to the Harbourside Music Stage
It was noted that this piece of correspondence will be considered in 2025 Budget discussions.
2. Hanover Police Service Board (Information)
Re: Crime Stoppers of Grey Bruce
It was noted that this piece of correspondence will be considered in 2025 Budget discussions.
3. Ministry of Public and Business Service Delivery and Procurement (Information)
Re: Association of Municipalities of Ontario Delegation – Archaeological Assessment at Dunks Bay Cemetery
4. Grey Sauble Conservation Authority (Information)
Re: August 28, 2024, Meeting Minutes
5. Multi Municipal Energy Working Group (Information)
Re: May 9, 2024 Meeting Minutes
6. Rick Byers, MPP (Information)
Re: Ontario welcomes manufacturing investment in Bruce County
7. Youth Climate Action Conference Team (Information)
Re: Youth Climate Action Conference 2024
8. Resolution – Good Roads (Information)
Re: Establishment of an Ontario Rural Road Safety Program
#26-13-2024
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd
That Council supports the resolution from Good Roads regarding the establishment of Ontario Rural Road Safety Program.
Carried
#26-14-2024
Moved by Councillor Aman Sohrab, Seconded by Councillor Todd Dowd
That the correspondence items #1-7 be received as information as printed and circulated.
Carried
Reading of By-laws
By-law 2024-86
Being A By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Tuesday, October 15, 2024
#26-15-2024
Moved by Councillor Aman Sohrab, Seconded by Councillor Laurie (Smokey) Golden
That the listed by-law be given 1st, 2nd, and 3rd reading, and enacted.
Carried
Closed Session – Nil.
Adjournment
We are attempting to make every document accessible. Third party sourced documents will not be converted to an accessible format. Please contact the Accessibility Coordinator if you require assistance.
#26-16-2024
Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Laurie (Smokey) Golden
That the meeting adjourns at 3:11 p.m.
Carried