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REPORT ON COUNCIL:
March 12, 2012
Committee of the Whole Meeting: 9:00 am –10:57 am
Confidential closed session 10:57-11:40
Regular Meeting: 7:00 pm – 8:21 pm
Deputy Mayor Lawrence, Councillors Warren and Wishart present at CoW
Councillor Claire also present at Regular meeting

Deputy Mayor Lawrence chaired all meetings in the absence of Mayor Millar

New Towers for Broadband Internet Proposed by Point to Point and Bell
Doug Taylor, Manager Administrative Services/Treasurer, reported on the lease agreement and proposed locations of the communication towers by Point to Point Broadband Inc. Towers would be at four locations leased on municipal property: Bush Tower, Concession 18, Lot 25; Lafontaine Tower, Concession 15, Lot 21; CBO Park Tower Concession 9, Lot 16; and Pump house Tower at Plan 1371 Water Works. A formal by-law and lease agreement will be presented at a later date once authorization is received from the Ontario Ministry of Agriculture, Food and Rural Affairs and Industry Canada and pending the vendors satisfactory execution of the Industry Canada public consultation process for ‘Radio communication and Broadcasting Antenna Systems’.
Shawn Persaud, Manager of Planning & Development, reported that Bell Mobility wants planning permission to build a steel telecommunications tower on the North Part of Lot 21, Concession 14W to provide wireless and data services. The site measures 1,680 sq. ft. and will have security fencing. The steel tower will be 115 ft high and property owners within 3 times the tower height received an information pamphlet, and an article was placed in the Sept. 22 issue of the Midland Free Press and Midland Mirror. Bell provided a Site Selection/Justification Report on Jan. 30, 2012. The next step is to attain municipal concurrence in order to request formal approval from Industry Canada.
Council approved both proposals and authorized the Chief Administrative Officer/Clerk, to send the necessary letters.

By-law to Regulate the Rate of Speed/Balm Beach Road West
Council approved a by-law to reduce the speed limit along Balm Beach Road West to 40 km/h east of Albert Street for 270 m to Tiny Beaches Road North.

Request Refused to Purchase a Portion Lot 14, Concession 12
The Committee considered a request to purchase municipally owned property known as Pt Lot 14, Concession 12, (Parts 1 -3, Reference Plan 51R-18025) This is a plot on the east side of County Road 6 north of the curve between Conc. 12 and 13. The adjacent owners believed they had purchased this plot when they acquired their homesite on the curve in 1980. Council resolved that the subject parcel of land will remain in municipal hands.

Holding Symbol Removal By-law Approved
Council passed a Zoning By-law to remove a Holding (H) symbol affecting various properties throughout the Township that have complied with current standards for the septic sewage systems. Following a septic inspection only five properties have a Holding symbol on their property.

Changes to Burn Permits
Council has approved increased fees for burn permits, and new validity dates apply to some types of permits. Make sure you apply and for receive from the Township Office the appropriate permit you need.

Septage Class EA Project Update
Councillor Warren reported that the mandate of the Septage Class EA Project Advisory Committee is now complete. He also reported that R. J. Burnside & Associates would be presenting information on the Class EA at the April 10, 2012 Council meeting, and this will be followed by a 3rd Public Information Centre scheduled for April 21, 2012.

Emerald Ash Borer
Deputy Mayor Lawrence presented a letter from Toni Ellis, President of the Ontario Urban Forest Council requesting Council’s endorsement for financial assistance from the Federal and Provincial governments to combat the spread of Emerald Ash Borer. Effective programs involve creating an inventory count of ash trees; monitoring the distribution of Emerald Ash Borers; identifying and treating trees; removing infected trees and disposing of wood waste; planting replacement trees. Currently neither the Federal nor Provincial governments are providing sufficient financial/management support to municipalities for implementation of any part of an EAB program. Council resolved to support the Ontario Urban Forest Council in this matter.

REPORT ON COUNCIL: February 24, 2012
Committee of the Whole Meeting: 9:00 am –10:40 am
Regular Meeting: 11:00 am – 11:20 am
Deputy Mayor Lawrence, Councillors Claire, Warren and Wishart present

Note: In the absence of Mayor Millar, Deputy Mayor Lawrence took the chair. The usual Council meeting date of Monday 27 was altered since the Deputy Mayor and other councilors wished to attend meetings of Ontario Municipalities on the 27th.

New Fee Schedule for 2012
Council approved a new schedule of fees for services such as variances and false alarms of police and fire services. For example, a third false alarm for the OPP will incur a fee of $500.

Proposed Expansion of Broadband Internet Services
At the March 12 meeting of Council there will be a report from the experts on proposed new broadband internet towers for Tiny. The provider will be Point-to-Point Broadband Company.

Emergency Services Reports C.R 29 & Conc. 4 W is an Accident Hotspot
There have been two accidents in as many weeks at the intersection of County Road 29 and Concession 4 West. The visibility of the intersection over the rise from northbound vehicles may be the problem. More warning of the reduced speed limit north of Conc. 4 may be needed.

Wind Turbine Proposal for Christian Island is not Feasible
The Beausoleil First Nation sent a letter to Council in repose to Council’s enquiry re the progress of the BFN’s feasibility study for a wind farm of 41 turbines on the north side of Christian Island. They reported that the consultants concluded that the project was infeasible since there was insufficient capacity to transmit the power to the Ontario grid.

Warning Regarding Leaf Borer Infestation
Council received and discussed a letter from the province regarding the need to curb the extent of the leaf borer infestation that is present in several areas of southern Ontario, including the GTA and Halton Region. This pest could have an impact similar to the Dutch elm disease infestation that occurred several decades ago. Residents are warned: Do not bring firewood to the Township from infected areas. The borer also may soon affect sugar maple trees, which are a significant factor in Tiny Township. Deputy Mayor Lawrence noted that the County derives about $1 million per year from county forests.

Changes in Champlain Huronia Centre Project Coordination
Councillor Claire reported that La Cle de La Baie has withdrawn from the coordination and management of the project. North Simcoe Community Futures will now take over this role.

Report on Council: February 13, 2012
Committee of the Whole Meeting: 9:00 am –12:18 pm; 1:00 pm – 1:58 pm
Confidential closed session 1:58 pm – 2:17 pm
Regular Meeting: 7:00 pm – 8:05 pm
Mayor Millar, Deputy Mayor Lawrence, Councillors Claire, Warren and Wishart present

2012 Budget Presentation
Doug Taylor, Manager of Administrative Services/Treasurer, provided an overview of the 2012 draft budget, including highlights of the Operating and Capital budgets and Reserves. The overall impact on property taxes will only be known when the County and School Board levies are announced. Tiny’s Municipal Levy will have a minimal impact. The budget includes $45,000 for OMB hearings, but an item of $15,000 for a proposed “Compensation Study/Organization Review” will likely be deleted at the request of Deputy Mayor Lawrence.

Proposed Expansion of Beamish Aggregate Pit
Les Selby of provided an overview of a proposed expansion of the K. J. Beamish Construction aggregate pit on Lot 80, Conc. 1, O.S. (Baseline Road). The application is for a license to produce 600,000 additional tonnes annually, and is a Category 3 pit, above the water table. An Environmental Impact Statement and hydrogeology study are in place. Council voted to receive the proposal.

2011 Septic Re-inspection Program
Consultants from C. C. Tatham & Associates provided a summary of the 2011 Septic Re-inspection Program. Some 1036 inspections were carried out in 2011 with 100 lots requiring follow up work. For 2012, re-inspections are proposed to continue in Concessions 1 and 2 (Old Survey) including Wyebridge, Concessions 4 & 5 including Wyevale, Concessions 8 to 15 including Perkinsfield and the south half of Lafontaine. In addition, Tatham will follow up with any lot owners who have not submitted pump-out records or responded to deficiencies from the previous year’s program. Council approved a four-year extension of Tatham’s contract to conduct the septic re-inspections, with a higher fee schedule.

Planning Amendment for Simcoe in the Growth Plan for the Greater Golden Horseshoe
Kris Menzies of MHBC Planning provided a clear and informative overview of the latest version of Ontario’s Growth Plan for the Greater Golden Horseshoe. The implications for Tiny are that a reasonable number of new residential units can be allowed, but the Plan is quite unclear about how growth through conversion of seasonal residences is to be handled. Such growth accounts for much of our growth overall, but the Plan foresees growth only within existing settlement boundaries. The Plan at least may prove to be a catalyst to getting the County’s Official Plan finally approved, which can in turn aid Tiny in revising its own OP.

Georgian Sands and Lafontaine Water Supply Class EA
In response to Council’s request at the previous meeting to have a hydrogeological review of the aquifers and the quality and quantity of the water in the area of the proposed new Water Supply, John Easton of Golder and Associates provided the overview. Council voted to approve the Preferred Alternative as outlined in the Water Department 2012 capital budget, but the vote was 4-1, with Councillor Warren dissenting due to his continuing concern that sewage spreading could be curbed, and that some good wells were not considered.

Implementation of a Parks & Recreation Volunteer Management Program
Council considered a report from Bonita Desroches, Community Recreation Coordinator, regarding the implementation of a Volunteer Management Program. This program was one of seventeen resulting from the Memorandum of Understanding between the Township and the six Parks and Recreation Associations. Ms. Desroches proposes to organize a Volunteer Symposium Summit to unveil the Township’s Volunteer Program to key stakeholders.

Balm Beach Private Parking Spots
Council considered a report from Henk Blom, Manager of Public Works, regarding the private parking spots located adjacent to the Surf Restaurant and the Georgian Grill at Balm Beach. The report included a surveyor’s plan of the area showing the property lines and parking layout. Council directed staff to obtain a legal opinion on encroachment and possible adverse possession of the existing parking spaces identified in the report, and provide Council with possible options regarding their usage, disposition and management. They also should investigate possible liability issues regarding the identified parking spaces.

County Changes to Leaf and Yard Waste Collection
Council expressed concern about the changes to the leaf and yard waste collection outlined in the County of Simcoe’s “Leaf and Yard Waste Collection” program for 2012. Council members wondered about the apparent lack of the uniform service delivery by the County of Simcoe.

Report on Council: January 30, 2012
Committee of the Whole Meeting: 9:00 am –12:12 am; 12:45 pm – 2:21 pm
Confidential closed session 2:12 pm – 2:24 pm
Regular Meeting: 7:05 pm – 7:41 pm
Deputy Mayor Lawrence, Councillors Claire, Warren and Wishart present,
Mayor Millar absent

Meetings chaired by Deputy Mayor Lawrence in the absence of Mayor Millar

Mandate of Sustainable Severn Sound
Luke Raftis, Sustainability Coordinator, Sustainable Severn Sound provided an overview of the mandate of this new organization. Sustainable Severn Sound it is a partnership between all nine municipalities in the Severn Sound watershed as well as the Severn Sound Environmental Association, the Orillia and North Simcoe Community Futures offices, the Simcoe Muskoka District Health Unit and the County of Simcoe. Its purpose is to help the communities in the watershed implement the goals and action of the Severn Sound Sustainability Plan. For more information refer to http://www.sustainablesevernsound.ca/

Progress Report on Lafontaine Beach Park  Swimmng and Beach Improvements
Judy Sullivan of Aqua Solutions outlined the process for Class EA approval of reducing groynes and re-locating the material in order to improve the beach and near-shore swimming conditions. In October 2011 a meeting was held on site with representatives of the relevant Provincial and Federal agencies, who signified their general agreement with the proposed measures. Michael Davies of Coldwater Consulting Ltd. first reviewed the shoreline restoration project including previous works completed. He then outlined the ongoing work on sediment modeling/analysis, development of design concepts, construction drawings and documentation, and the completion of the Class EA process. He estimated that the cost to finalize the design and EA process would be $74,000, not including construction works. The Councillors reacted favourably to the presentation and were gratified that the consultants working within their timeline.Council approved to keep the project going, for construction 2012 or 2013, depending on budget and physical conditions such as water levels.

Letter of Support for Funding for Development of an AgriTourism Circuit
Denise Baker, Director, Eco-Huronie, provided an overview of the AgriTourism circuit project proposed for the Huronia area. This Circuit would expand the existing range of local markets for farm local products and farm tourism projects. It would further economic development and enrich the tourism experiences in the francophone communities of Southern Georgian Bay. Expanding on the present markets and tourist attractions would have positive economic and social impacts of the project.

Balm Beach and Other Major Beach Redevelopment Projects
Councillor Claire expressed some concerns regarding the scope of the upcoming Balm Beach redevelopment plan and its capital and operating costs. He noted that the township has recently invested in major projects at Woodland Beach, Bluewater Dunes, Jackson Park, and soon Lafontaine Beach. Councillor Gibbs expressed a concern that the township may “be biting off too much too chew”. Councillors also suggested there could be more involvement of the local community in volunteering as well as the staffing of such projects. Council instructed staff to report by the end of February on (a) possibilities for local community involvement and (b) the feasibility of completing so many such projects within current staffing and financial resources.

Beausoleil First Nation Prefeasibility Study for Development of Wind Power Project
Councillor Warren requested that a letter be sent to Beausoleil First Nation asking that the Township be kept informed about the status of the prefeasibility study. Council directed staff to draft such a letter.

Training Session for By-law Staff and OPP on Land Boundaries
On February 21 Council has scheduled a training session for Tiny By-law Enforcement personnel and OPP Officers regarding issues of land boundaries and land ownership issues, particularly along the shoreline. Support persons include an Ontario Land Surveyor and legal counsel. The objective is to clarify their respective responsibilities within lands that are private or public, such as which infractions are a matter for By-law personnel and which for OPP, and which situations may involve joint efforts.Landowners are urged to facilitate the efforts of both the OPP and By-law Department by marking their boundaries.County Council Options for Waste ManagementDeputy Mayor Lawrence provided information on long-range alternatives for waste management in the County that the Waste Management Subcommittee is considering after the cancellation Site 41 Landfill. A recent presentation to this group involved potential solutions and possible partnerships from Barrie, Orillia and Dufferin County. Dufferin is considering a $75 Million energy-from-waste project, but Ontario will only consider such projects when a 70% rate of recycling is achieved.

Workshop on Proposed Amendment to the Greater Golden Horseshoe Growth Plan
Deputy Mayor Lawrence and Councillor Claire attended the above workshop on January 19, 2012 at the Nottawasaga Inn Resort & Conference Centre. At the workshop, Minister Chiarelli outlined how the Province will help address the unique challenges of managing growth and protecting the environment in the Simcoe County area. The result seems to permit growth to occur in areas that were designated for growth but not used as such. Stay tuned!

Holding Symbol Removal By-law
The Council a By-law to remove the Holding Symbol from a significant number of properties, located mainly in the shoreline area. If your property has the Holding Symbol, you may check its status by calling the Planning Department.
Comparative Building Permit Activity Slumped in 2011Building activity in Tiny slumped in 2011 by about 25% over 2010. In January to December 2011 the construction vales of building permits issued was $30,729,000 versus a value of $41,515,000 in January to December 2010.

Official Plan Amendment Will Enable a Property Standards By-law
Council passed the necessary legislation for a Property Standards By-law to be enacted. The actual provisions of such a by-law by an appropriate consultative process at a later date.Pennorth Drive to Have One-Year Parking MonitoringCouncil considered the request of residents for strict “no parking” regulation on Pennorth Drive. Henk Blom, Manager of Public Works, provided a report on the issue. After considerable discussion Council decided to have the By-law Enforcement staff monitor Pennorth Drive for a period of one year to determine the type and volume of parking experienced and report Council.

Request for Access to Farlain Lake
Council considered a report from Henk Blom, Manager of Public Works, regarding a request for an access point to Farlain Lake. After discussion, Council resolved to refer the request to the Community Recreation Committee for their consideration and recommendation.

Associated Costs for the Collection and Removal of Dead Fish and Birds
Deputy Mayor Lawrence raised the matter of the cost incurred by the Township of Tiny for the collection and removal of dead fish and birds along the shorelines. He recommended that cost recovery be sought from the Ministry of Natural Resources and the Department of Fisheries and Oceans. Council directed staff to send correspondence to the Ministry of Natural Resources and the Department of Fisheries and Oceans seeking cost recovery in the amount of $9,954.99 for the collection and removal of dead fish and birds from the Township shorelines.

Tiny Fire Department’s New Respirator Fit Testing Machine
Council authorized Tony Mintoff, Fire Chief, to purchase a Porta Count WM8030 respirator fit testing machine from Levitt Safety Limited in the amount of $12,807.47, including HST. Such a machine is required to ensure the fitness all users of respirator equipment, and ensures that our fire fighters can safely use respirators.

Trew Avenue and Glen Forest Trail Parking Concerns
Council discussed a report from the Community Recreation Committee regarding parking concerns at Trew Avenue and Glen Forest Trail. They decided to forward to the appropriate staff for review, with comments to be provided to Council for their consideration.

Resolution of Support for a One-Year Moratorium on Industrial Wind Turbines
Councillor Warren addressed a resolution from the Municipality of Arran-Elderslie regarding a request for an immediate moratorium on construction of industrial wind turbines within the Province of Ontario until appropriate studies are done. Upon discussion, it was recommended unanimously that the Township of Tiny support the Municipality of Arran-Elderslie in this endeavour.

2011 Policing Services Semi-Annual Cost Reconciliation
Each year, on a semi-annual basis, the amount paid to the OPP for police service is reconciled with the actual costs. Tiny usually has pocketed a healthy sum each year. This November the semi-annual refund amounted to $65,790. Council resolved to put these funds into a newly established “Policing Services Reserve.”

Council Objects to an Application for Special Permit to Remove 25 Acres of Trees
The owners of a property at 580 Baseline Road have applied the County of Simcoe for a special permit to remove approximately 25 acres of trees. The County has requested comments from the Township regarding the application. The subject property is designated ‘Agricultural’ and ‘Environmental Protection 11′; in the Tiny Official Plan, which identifies a watercourse and a significant woodland on the subject property. The Township Official Plan has an ‘Environment First’ philosophy and recognizes and protects all significant rivers and streams and other bodies of water in the Township from development that may have an impact on their function as an important component of the natural heritage system; and to minimize the loss or fragmentation of significant woodland features and the habitats and ecological functions they provide. Councillors Claire and Wishart moved that Council object to the application to clear approximately 8-10 hectares (20-25 acres) of trees on the subject property.

Report on Council: January 9, 2012
Committee of the Whole Meeting: 9:00 am –11:12 am; 2:12 pm – 2:23 pm
Confidential closed session 11:12 am – 1:18 pm
Planning Act Meeting: 7:00 pm – 7:20 pm
Regular Meeting: 7:20 pm – 8:14 pm
Mayor Millar, Deputy Mayor Lawrence, Councillors Claire, Warren and Wishart present

Georgian Sands/Lafontaine Class EA, Final Presentation/Preferred Alternative
Peggy Slama and Cecil Gratrix, of R.J. Burnside & Associates Ltd., provided responses to inquiries presented at the November 28, 2011 Council meeting. Council raised concerns with the preferred proposal to blend water from wells with low nitrate concentration with the water from the well with a problematic nitrate concentration in light of a Colorado State University article on nitrates in drinking water, which stated “Blended water is not safe for infants but is acceptable for livestock and healthy adults”. They inquired about the life expectation for the preferred scheme, taking into consideration the rate of nitrate concentration increase in all Lafontaine and Georgian Sands wells. Another issue was to clarify the costs, since those presented in the meeting varied slightly from costs provided by staff during the budget process.
Council voted to defer the project pending receipt from the Township Hydrogeologist, Golder and Associates of: • the location and nitrate contents of wells in the vicinity of Lafontaine previously investigated; • information on well depths of all wells investigated; • information on previous studies completed for Lafontaine to locate a water supply with acceptable quantity and quality for a municipal well including any investigation pertaining to wells in or near the bedrock; and  • a summary of production wells in close proximity to Lafontaine, currently in use for agricultural purposes along with potential for similar wells in the area for municipal purposes

Discussion of Facility Advertising and Promotion Policy
Deputy Mayor Lawrence introduced a proposed amendment to the Facility Advertising and Promotion Policy to allow the advertising of alcohol at municipally owned facilities. He noted that the proposed advertising would involve a display with the logo of a beer company. In particular, the LA Arena could generate much needed funding for park facilities. After much debate, Deputy Mayor Lawrence stated that he would withdraw his request.

Balm Beach Pay Parking Program – Beach Capacity
Councillor Warren made Council aware of an email from a Balm Beach area resident inquiring whether or not Council had considered beach density when discussing the parking numbers. Apparently, it was not considered.

Draft Source Water Protection Policies
Shawn Persaud, Manager of Planning & Development, presented the draft Source Water Protection Plan dated October 2011 prepared by the South Georgian Bay, Lake Simcoe Source Protection Committee. The Committee has set a deadline of January 13th, 2012 to submit comments on the plan. Council authorized staff to forward their report including comments from MHBC Planning, Township Consultant, to the South Georgian Bay, Lake Simcoe Source Protection Committee.

Heritage Designation of St. Patrick’s Church, Perkinsfield
Councillor Claire reported that at the November 17, 2011 meeting the Historical & Heritage Advisory Committee recommended the designation of the St. Patrick’s Church in Perkinsfield as an historic structure under the Ontario Heritage Act. Council voted to consent to the designation of the St. Patrick’s Church and that the Historical & Heritage Advisory Committee be authorized to begin the designation process.

Letter from FoTTSA re the proposed McMahan Woods Subdivision:
Council discussed a letter from Paul Cowley, President, FoTTSA, suggesting that Council consider being represented by an expert planner at the upcoming OMB Hearing on the McMahan Woods Subdivision.

Proposed Wind Power Project – Christian Island
Councillor Claire reported that a group of taxpayers met with two Councillors on January 6, 2012 to discuss a proposed wind power project on Christian Island. Councillor Warren read a draft letter to be sent to the Beausoleil First Nation requesting additional information on the proposed project. The Committee decided to discuss this matter further at the January 30, 2012 Committee of the Whole meeting.

Sustainability and Growth in the Simcoe Area
Deputy Mayor Lawrence noted that there is a workshop scheduled for January 19, 2012 at the Nottawasaga Inn Resort in Alliston to address the unique challenges of managing growth and protecting the environment in the Simcoe Area. The workshop is being hosted by the Alliston and District Chamber of Commerce in conjunction with the Honourable Bob Chiarelli, Minister of Infrastructure. Staff was instructed to contact the organizers to ask if the workshop was open to all members of Council and to report back.

Boundaries Identification – Learning Seminar
Mayor Millar reported that he met with Inspector Jacques Bois, Detachment Commander of the Southern Georgian Bay OPP Detachment to discuss ways to improve identification and understanding of the implications of private and public property ownership along the shoreline. Staff was instructed to organize a one-day “Learning Seminar” in conjunction with the OPP to improve the Township’s enforcement program capabilities and to ensure that property rights of both public and private owners are respected.

Outcomes of the Closed Session
Further to a confidential report dated December 28, 2011 prepared and presented by James I. McIntosh, Barriston LPP, Township Legal Counsel; Council directed staff to prepare a report on leaf and yard waste collection supporting the Township’s position on the matter.
In the matter of the decision of Justice Mullins regarding the Township’s application in the Corporation of the Township of Tiny v. Battaglia et al/Plan 656 – Court File No. 10-0774, Council voted to instruct the Township’s legal counsel, Jill Dougherty, to deliver a Notice of Appeal and to pursue an appeal with respect to the above-noted decision.

McMahan Woods Development – OMB Hearing
The application by McMahan Woods Development, owner of Part Lot 23, Concession 4 West for a plan of subdivision (County File Number TI-T- 0802) and to amend Zoning By-law 06-001 as amended and Zoning By-law 30-77 as amended; to permit the development of 51 lots, is currently being scheduled for a hearing by the Ontario Municipal Board (OMB). On September 12, 2011, Council directed Barriston Law, Township Solicitor, to attain party status at the OMB hearing and support the position of the County of Simcoe that there be a maximum of 20 lots in line with the County’s declared Greenland policy. On December 13, 2011, Mr. Ian Rowe of Barriston Law received party status from the OMB at the Pre-hearing Conference.

It was moved by Deputy Mayor Lawrence, seconded by Councillor Claire, that Council wishes to further support the County of Simcoe position by directing Barriston Law to retain the services of a Land Use Planning Consultant to support the Simcoe County position and the Tiny Township “Environment First: Official Plan Policy.

Mayor Millar turned the Chair over to Deputy Mayor Lawrence and requested a recorded vote.  After much discussion, the motion carried 3-2  (Millar and Wishart opposed)