REPORT ON COUNCIL
MEMBERS OF COUNCIL:
Mayor Robert Klug
Deputy Mayor Pierre Paul Maurice
Councillor Peggy Breckenridge
Councillor Ray Millar
Councillor Rob Panasiuk
HOW IS COUNCIL DOING? The members of Council work well together. Meetings are not rancorous, even when there are serious differences of opinion. As a group, they are serving the Township well, and we are fortunate to have them. Their most probing member is Councillor Panasiuk, and it is he who most frequently causes the others to step back and consider the broader perspective. But they all have valuable experience and skills to bring to the governance of the Township and they all arrive at meetings well prepared.
TIME AND PLACE OF MEETINGS: Council meets on the second and last Mondays of each month, in the Council Chambers at the Township Offices, 130 Balm Beach Road West. Committee of the Whole meetings begin at 9 am and continue for the morning and much of the afternoon. This is the time to observe the members of Council at work, as they discuss issues and reports and raise questions. The Regular Evening Meetings of Council also take place on the second and last Mondays of each month. At the evening meetings, the members of Council vote on the issues discussed during the day.
Council Agendas are posted on the Township website on the Friday before each Council meeting. See www.tiny.ca
NEW ZONING BY-LAW TO BE PASSED SOON: The third public meeting on the new Zoning By-Law was held on June 11. Nick McDonald, of Meridian Planning Consultants, presented an updated draft version to 111 attendees. He explained that the new Zoning By-law will implement the 2001 Official Plan and its Environment First philosophy, and will finally update the 1966 Zoning By-law now in use. The new By-law will put in place each of the zones designated in the Official Plan, identifying the uses permitted in each zone, and setting out exactly what can and cannot be done on each parcel of land in the Township and under what conditions.
It imposes three kinds of Holding Zones that constrain what some owners can do on their properties in specific ways:
• H1 deals with septic systems installed before 1974
• H2 with private roads
• H3 with Tiny’s 15-18 closed waste disposal sites.
It also imposes a residential setback of 45 metres from the 178-metre flood hazard elevation on dynamic beaches (some 98% of Tiny’s 2,600 shoreline properties according to Ministry of Natural Resources maps).
Note that in the new Zoning By-law Schedules (maps), the water’s edge is shown wherever it is drawn on Registry Office/Assessment Office mapping. All Township-owned parcels on the shore are zoned OS. All privately owned beach blocks are zoned OS1.
178 METRE LINE AND SETBACKS: Council has done a number of things to minimize the impact of the new setbacks. As establishing the 178 m line could be very expensive for individual property owners, especially if survey reference points are distant, Council agreed that survey monuments should to be set at regular intervals along all of Tiny’s shores to supplement those already in place at Tiny’s pump houses. The locations for those in the northeast quadrant have already been agreed upon. Once these monuments are in place the cost of establishing the 178 m line is estimated at roughly $800.
The impact of the 178 metre line and a setback of 45 m is to be mitigated by allowing existing dwellings to expand their footprint to the maximum allowed by the lot size and setbacks, as long as expansion is done to the side or the rear, away from the lake. Also, the addition of a second storey is permitted.
Recent shoreline studies (like the one for Blairhampton Properties), which have established a setback from the 178 metre line of less than 45 metres, will be grandfathered in.
New buildings on the few remaining waterfront vacant lots (roughly 100) on dynamic beaches will have to be set back 45 m from the 178 flood hazard level, unless an engineering study and a successful application to the Committee of Adjustment allows a minor variance.
REVIEW OF DYNAMIC BEACH SHORELINES IN TINY TOWNSHIP: Convinced of the inaccuracy of the MNR maps which show 98% of Tiny’s shoreline as dynamic, Council retained W. F. Baird & Associates Coastal Engineers to consider how much of Tiny’s shore is dynamic, how much may be, and how much is definitely not dynamic. What they found will result in savings and setback flexibility for many shore property owners. See a summary of their report on the facing page.
Note: The Province has established setbacks for three sorts of shore hazard. In Tiny, the flood hazard applies all along the shore. It has two components: the 178 m level is the 100-year flood level. The setback from that is a basic 15 m to provide for a storm surge or wave up rush. The dynamic beach hazard setback is an additional 30 m. The erosion hazard setback, in the opinion of Baird, does not apply.
Wording is to be added to the new Zoning By-law to give residents and the Committee of Adjustment guidance about reductions in the 45 m setback.
PARKING POLICY: For some months, Council has been asking staff for the background materials needed before they discuss parking policy. Many reports were provided on June 27, but not the “gap analysis” – the difference between the numbers of parking spots recommended in the 1999-2000 professionally prepared Parking Strategy and the numbers currently on the ground. This is supposed to be prepared soon.
PROPOSED RECREATIONAL TRAILER PARK IN CONCESSION 2 — TURNED DOWN! On May 30, The Federation of Tiny Township Shoreline Associations and Tiny’s Residents Working Together made a joint presentation opposing Dr. Stubbs’s proposed “Woodland Beach Recreational Park” development with its 290 sites for tents and trailers, group camping, ten cabins, trails, tennis and basketball courts, baseball diamond, lodge/recreation complex/health centre, paintball and mountain bike facilities. The Federation argued that the proposed development was essentially a substandard, high-density subdivision, larger than many of Tiny’s hamlets, in a place forbidden by our Official Plan, and that permitting it to proceed would post a green light to other developers interested in similarly going against the rules elsewhere in Tiny. TRWT spoke vigorously about noise, paint ball, and the impact of the development on the deeryard, and concluded with an enumeration of the ways the developer has changed position on key aspects of his proposal.
On June 27, Meridian Planning Consultants presented its “final/final” assessment of the proposed development, and once again, they recommended that it be allowed to proceed.
On August 8, Council discussed Dr. Stubbs’ application for Official Plan and Zoning By-law amendments. Councillor Rob Panasiuk was the key speaker. He argued that the Planning Act makes it clear that public opinion must be considered when an application asks for Official Plan and Zoning By-law changes, even if the proposed development complies with the rules technically. And in the case of the proposed trailer park, the public had spoken loudly and clearly at two well-attended public meetings and in oral presentations to Council, letters, e-mails, and personal conversations. When Mayor Klug suggested that Council make no decision, Panasiuk argued that Council SHOULD make a decision, and that the community elects members of Council to make decisions. In his view, failure to act is an abdication of responsibility. When it became clear that there would be a vote and that the Mayor was the only member of Council who intended to vote in support of the proposed development, Panasiuk urged him to reconsider. The developer was likely to appeal a rejection to the Ontario Municipal Board, and the Township would be in a stronger position before that tribunal if the vote were 0-5 rather than 1-4.
The vote was 1-4, with the Mayor voting in support of the development, and the others against.
EXOTIC ANIMAL BY-LAW: Because of their continuing uncertainty about the need for an exotic animal by-law, Council held a public meeting on the matter. As this revealed that there is general support for such a by-law, the draft by-law prepared by Shawn Crawford, Chief Municipal Law Enforcement Officer, will soon be presented at a public meeting. Once the By-law has been passed, it will allow prosecution of those who indulge in irresponsible behaviour towards exotic animals.
SIGNS FOR SHORE PARKS SLOW TO COME: At its first meeting in March, Council asked that two signs be in place at each of 31 locations along the western shore from Concession 1 to 17 by May 31. One was to be a sign showing Township By-laws applicable to the parks and the second a sign showing the shape and extent of each park. The first, which was already in place in most locations, was to be revised through the addition of tape carrying new wording. The second was more difficult, especially for locations where the extent of the park is different than the standard 66’ concession road allowance.
When the signs showing the extent of the parks were not in place by May 31 and the modifying tape not applied to the By-law signs, Council asked for an explanation. At that point the Manager of Public Works had in stock six signs that presented no problems. He said that special posts were being prepared, but that there would be delays with some signs because of difficulties concerning property identification.
On July 25 Mr. Blom assured Council that signs showing the extent of each shore park would be placed promptly, though it meant putting them up on temporary posts.
Now, in September, 26 of the extent signs are in place, and the Public Works Department hopes to have the remaining five in place later this year.
RECREATION PLANNING: It has been clear to the members of Council for some time that they need to develop some general recreation policies. In the past, Tiny Township has paid its neighbouring municipalities for the use of facilities such as arenas and libraries. With regard to arenas, there is no consistent basis for such payments, and there has recently been a request for a large capital contribution to the new recreation complex in Midland. With regard to libraries in Penetanguishene, Midland, and Elmvale, the amount has depended on the number of Tiny households using each library. But the libraries now want to proceed on a different basis. Council is sharply aware that Tiny Township has not been asked to participate when large facilities are planned and located in neighbouring municipalities, though requests for funds may arrive later.
It has been evident for some time (at least since the term of the last Council) that the current structure for the six Parks and Recreations Associations is not working well and that insurance costs are soaring.
Staff is beginning to produce the reports that Council needs as a basis for policy decisions. Ruth Coursey, CAO/Clerk, has outlined three options for Tiny’s six Parks and Rec Associations
• Status Quo (as now, six incorporated associations of volunteers running recreation programs)
• A single incorporated recreation association (volunteers running recreation programs within a single structure, lower insurance costs
• Six recreation committees of Council (insurance covered by the Township’s general policy, administration done by Township staff, volunteers running programs and special events
Council has had a preliminary discussion about this report. And that discussion stressed that they value a strong Parks and Rec volunteer base. They requested the CAO is to present the Report to the six associations at the next meeting of the Recreation and Community Centres Committee and to ask for input.
In anticipation of a general discussion about the Township’s payments for use of facilities outside Tiny, John Theriault, Tiny’s Treasurer, has prepared a list of contributions that have been made to other municipalities for use of their arenas from 1992 to 2005 – sums totalling $133,500 to Penetanguishene and $134,100 to Springwater – and noted current requests for recreation funding from Penetanguishene, Midland and Springwater.
We commend Council and for tackling this kind of overview planning. It’s not easy, and it certainly hasn’t been attempted in the past, but it will make decision-making easier in future.
PURCHASE OF OFFICE PORTABLE: As the Township Offices are seriously overcrowded, especially in the summer, Council authorized the purchase of a portable building to be used for three to five years until the Township Offices have been expanded. The portable has been installed behind the Township Offices.
SMALL WATERCRAFT BOAT LAUNCH FOR NORTHEAST SHORE COMMUNITY:
Over the years there have been a number of requests for a launch site for small watercraft in the northeast quadrant of the Township. The matter was discussed and staff was asked to consider the options.
Henk Blom, Manager of Public Works, narrowed the possibilities to three locations —
• the south end of Sawlog Point Road.
• the Concession 20 road allowance.
• the north end of Sawlog Point Road.
He recommended the second option, because “This road allowance was used [in the past] for access to the water by vehicles. The slope is long but moderately steep and could be readily prepared as an access by placing about 10 cm of granular ‘A’. The beach area is reasonable but the bottom is quite rocky beneath the water. The launching of [small watercraft] would have less impact at this location than at the south access of Sawlog Point Road.”
In approving the recommendation, Council emphasized that the boat launch was intended for neighbourhood use: a boat would be launched and the vehicle and trailer would immediately depart. Signage and parking arrangements are to make that clear.
TEN PROBLEMATIC TRAIL BRIDGES REVISITED: You’ll recall that last fall, based on seemingly good information prepared by the Manager of Public Works, Council decided to go ahead with creek-level bridges made of steel girders, which were estimated to cost $166,100, of which $87,170 was to be borne by the Township. Then, in May, the actual tender came in at $690,000, of which $300,000 would be borne by the Township!
Since then, there have been two more sets of figures and options. With some discomfort, Council chose the second of the most recent options. Option 1 (Abandonment) was not really an option as the bridges are increasingly a public hazard. Option 2 (Pedestrian Use Trail Option), based on a tender, is to cost the Township roughly $300,000 plus GST. The SuperBuild Fund is to cover the balance of the total cost of $685,000 plus GST. Option 3 (Snowmobile Trail Use Option) was rejected as being too expensive ($922,000 plus GST with the Township’s share being roughly $530,000 plus GST).
The vote was 4-1 in favour of Option 2 (Councillor Millar voted against, as he felt the cost was too great and he had no confidence in the numbers).
SITE 41 UPDATE: Included in the Council Agenda for July 25 was the “Ministry of the Environment coordinated comments regarding the proposed county of Simcoe Site 41 Landfill”. The number of requirements still outstanding makes it clear that the landfill site will not be developed this year.
RENOUF WATER SYSTEM TO BE SHUT DOWN AND DECOMMISSIONED: At the end of October this year, the Renouf Water System in Balm Beach will be turned off. Roughly half of the 110 properties served by the system have not installed wells and will be without water on November 1, even though they have been aware of this deadline for several years. Of these, seven or eight are permanent, year-round dwellings.
Concerned, Council asked that the Public Works Department meet with representatives of the Ministry of the Environment to make sure that the Ministry concurred that the water system be turned off on schedule. There was agreement. The water service is to be shut off at each property line as of October 31 and the water system is to be returned to the Renoufs for decommissioning.
Final reminder letters were sent to affected households in July, and telephone calls or visits are to be made to the seven or eight affected year-round residents to ensure that they are thoroughly aware of the situation.
UPDATE FOR WATER SYSTEM USERS: A staff report revealed a number of interesting facts:
• that the capital investment still to be made to bring Tiny’s water systems up to the new standards was estimated at roughly $1.5 million, plus a substantial financing charge for the deficit incurred in 2004
• that some contracts have come in under budget for a saving of $200,000
• that additional OSTAR funding may save water users as much as $450,000
• that most upgrades will be completed by the end of the year
• that the deficit in the capital water account at the end of the year will be approximately $250,000
• that in coming years the Township should build the water reserve fund to about $2 million, the amount needed to replace one failed system
• that the water capital fee should be kept at the current level until the water reserve fund has a balance of $2 million.
SEPTIC RE-INSPECTION PROGRAM 2005: According to C.C. Tatham and Associates, this year’s shore area re-inspections covered the area below the bluff from Concession Roads 11 to 14. Re-inspections have now been done for the shore from the Township Line north to Concession Road 14. In addition, rural areas were completed for the area bounded by the Township Line in the south to the 9th Concession Road in the north and from the bluff in the west to Baseline Road in the East. The village of Wyevale was done and so was part of Perkinsfield (those households east of County Road 6 and south of Balm Beach Road). In all, 1040 households were re-inspected this year.
An encouraging aspect of this year’s re-inspections is that the initial work has been done on all properties on streams that emerge along the western shoreline south of the 9th Concession Road. (Streams are often a source of swimming water pollution.)
However, it takes time to get an area into full compliance. Only recently have the books been closed on properties covered in 2002, the first year of the septic re-inspection program. Property owners are given a year after a re-inspection to have their septic tank pumped out and inspected. Letters are then issued about problems noted in the visual and tank inspection, and follow up letters are sent if nothing is done. Another year or two may pass before an order is issued under the Building Code about the need to rectify some aspect of a sewage system.
E-GENDAS FOR COUNCIL AND THE PUBLIC: The Township is preparing to move from paper agendas and reports to “E-gendas.” This is welcome, as those with internet access will be able to read reports and agendas electronically and will not have to consult paper agendas and reports in the Township Offices.
APPLICATIONS UNDER THE BOUNDARIES ACT: There has been much misunderstanding in the Township recently about Applications under the Boundaries Act. A petition was circulated about one such application that apparently garnered more than 1,000 signatures. Council was asked to intervene on behalf of the public. Ruth Coursey, Clerk/CAO, observed that the Township had sought legal advice on whether it has any role in these applications, and was told that they were not within the Township’s jurisdiction. The Boundaries Act is provincial. The Township has no role to play and no legal standing in hearings under the Act.
Ms. Coursey suggested that an information piece be prepared by staff and placed on the Township’s website (tiny.ca). That has been done. See Government: The Boundaries Act.