Report on Council: May 26, 2014

REPORT ON COUNCIL:
May 26, 2014
Committee of the Whole Meeting: 9:00 am –11:13am
Confidential Closed Session: N/A
Regular Meeting: 7:00 pm – 8:07pm
Mayor Millar, Deputy Mayor Lawrence, Councilors Warren, Wishart, Claire

Discussion/Oral Submission Concession 4 East Dam
Council discussed the presentation by Ms. Anne Ritchie Nahuis. Mayor Millar noted that Ms. Ritchie-Nahuis advised him that she is in receipt of the Concession 4 East Dam information package through an FOI request but that some of the information was missing. Staff noted that they are aware of this and will be looking into the matter. Mr. Blom, Manager of Public Works noted that staff has met with the Severn Sound Environmental Association, Barriston Law and R.J. Burnside & Associates Ltd., on the matter. From discussions and upon review of the documentation that was provided at the April 28, 2014 Regular Committee of the Whole meeting, the Township solicitor is of the opinion that generally the dam is on the municipal road allowance and, therefore, in all probability is owned by the Township. As there are water rights that run with the dam to Camp Wildfire, it is necessary for Township staff to meet with representatives of Camp Wildfire to discuss the matter and determine the next steps. There is also the issue of the necessity of the dam and the impact it may have on the integrity of the bridge. Mr. Blom noted that R.J. Burnside and Associates Ltd. are looking into this and a follow-up staff report will be provided for Council’s consideration.
Council supported:
1) That staff meet with representatives of Camp Wildfire upon Barriston LLP providing a written summary of the issues and recommended solution for the Township to remove boards on the dam;
2) That Burnside be authorized to investigate and provide a plan for determining the most appropriate method to maintain the dam, control water levels and manage the existing siltation;
3) That Burnside also be authorized to provide a plan/cost for removal of the dam.
The motion was deferred.

Discussion/Oral Submission„ Bluewater Beach Water Association Representatives Costs, McMahan Road Water System
The Committee discussed the presentation of May 12, 2014 from Ms. Terry Hudson, Ms. Joanne Bodrucky, Mr. D. Stern and Mr. Ben DiRaimo, Bluewater Beach Water Association, regarding the costs related to Option 3 of the of the Environmental Assessment for McMahan Road Water System. The Environmental Assessment (EA) process has not been finalized and all options will be presented to Council upon completion of the EA. Staff brought forward a draft resolution to the Regular Meeting that no recommendations on the matter will be forthcoming until such time as Council receives the final report from staff outlining all options and associated costs for approval.
County Council Governance
Mayor Millar noted that the County is holding a strategic planning session on June 3rd, 2014, which will include discussion on governance, housing and economic development initiatives. Mayor Millar noted that the County is still struggling with its governance structure and, in particular, the position of Deputy Warden and how it will unfold. Mayor Millar noted his objection to the new Committee of the Whole structure as it is very difficult for County Council members to be well versed on all subject matters.

Medical Marihuana Production Facilities – Additional Information
The Committee considered Planning and Development Report PD-36-14 May 1 3, 2014, from Shawn Persaud regarding a proposed Zoning By-law Amendment/ Medical Marihuana Production Facilities. Municipalities are responsible for governing the use of land within the respective municipality’s jurisdiction. Zoning by-laws enacted by municipalities may set out restrictions on land use, including but not limited to the use of land for medical marihuana production. Council resolved that a site specific zoning by-law amendment would be required for any proposed medical marihuana production facility located on lands designated as “Employment Area” in the Township Official Plan and a site specific official plan amendment and zoning by-law amendment would be required for a proposed medical marihuana production facility located on lands not designated as “Employment Area” in the Township Official Plan..

Roads Winter Damage – Operations and Capital Budgets
The Committee reviewed Public Works Report PWR-14-14, May 26, 2014 from Henk Blom, regarding Roads Winter Damage, Operation and Capital Budgets. A review of road conditions has determined that the damage caused to tar and chip roads by the extreme winter conditions combined with a late spring and high water table requires road maintenance. Expenditure estimates are significantly beyond that envisioned in the 2014 Operations Budget. Staff are of the opinion that there is insufficient labor and financial resources to commence work on Subway Road and Concession 4 East. It is suggested that funds allocated to Subway Road and Concession 4 East be used for remediating winter damaged roads throughout the Township. Council authorized the Manager of Public works to use funds allocated in the Capital Budget for Subway Road and for Concession 4 East up to $229,151.79 for remediating winter damaged roads throughout the Township by having a contractor completely resurface the damaged surfaces.

Davy Lane Erosion – Road Closure
The Committee reviewed Public Works Report PWR-15-14 May 26, 2014 from Henk Blom, regarding Davy Lane Erosion – Road Closure.
The spring freshet of the adjacent Halls Creek cut out and undermined the sand and created a sand dune slope failure affecting Davy Lane. The road, which provides vehicular access to three cottages, has been closed to all traffic and emergency services. RJ Burnside and Associates have provided an estimate for the design for sheet piling to re-establish and support the road and slope in the amount of approximately $35,320 including $7,700 for geotechnical work. An estimate to complete the actual works will be provided once all suitable options have been investigated. Public Works is working closely with the Engineering Consultants to provide options to try and minimize the construction costs and provide access to the cottages as soon as practical. In the meantime temporary access can be provided by removing existing encroachments on Township property. Placement of a temporary road is estimated to cost $7.500. This site condition is a matter of public safety. As such, Public Works requested that the funds for engineering and design and encroachment removal be taken from the Reserve Fund to address a means to re-establish the road for safe passage.
Council authorized proceeding with Design Options and Geotechnical Works, and removing encroachments from the Road Allowance to permit relocation of the road for temporary access purposes, with all funds to be taken from the Capital Reserve Expenditure.

Feasibility Study Community Centre Sawlog Bay
The Council considered the Community Centre Recreation Advisory Committee Motion 23/14 recommending the Township of Tiny undertake a feasibility study on the need for a community centre in the north east quadrant of Tiny. The Community Centre Recreation Advisory Committee was previously directed by Council to review a request from the Sunset Bay Community Association for the use of township property in the Sawlog Bay area for a senior community centre. As a result of the review, the committee is recommending a feasibility study on the need for a community centre in this area.
It was suggested that the Township’s recreation master plan be reviewed to determine if the needs have changed and to see if there are any deficiencies as a result. There is a reluctance to spend additional money on another study if there are no deficiencies in the existing master plan. It was further noted that senior areas are put aside as separate entities in the master plan. It was also suggested that the Sunset Bay Community Association meet with established senior centers to discuss strategies on starting up such an establishment.
Council directed staff that the feasibility study be placed in the 2015 budget deliberations to assist in addressing the long standing request by the Sunset Bay Association.

Ancient Lacrosse Tournament Demonstration/Champlain Commemoration
Council passed Motion #507/12 establishing a reserve fund dedicated to the 2015 Champlain Commemorations which to date has accumulated $15,000. An opportunity to promote this Commemoration has arisen through the organization of an ancient lacrosse tournament demonstration and lecture. The Heritage Advisory Committee passed Motion H21/14 at the Heritage Advisory Meeting on May 15, 2014 recommending the use of up to $4,000 from the reserve fund for the event. Council wanted to have input from the Beausoleil First Nations prior to releasing the funds for this undertaking so Council directed that this matter be brought back on the Monday June 9th, 2014 Committee of the Whole Meeting.

Sale of VGA Wines at Farmer’s Markets
Council confirmed its objection to the sale of VGA wine in Farmers’ Markets within the Township of Tiny and directs staff to send the appropriate correspondence to the Registrar, Alcohol and Gaming Commission of Ontario.

Healthcare Information Meeting
Councilors Claire and Lawrence moved that Council support the participation of the Township in the upcoming Healthcare Information Meeting scheduled for May 29, 2014 in Midland and approve a $500.00 expenditure to purchase lunch which would be taken from the Deputy Mayor’s Professional Development account. Councilor Wishart and Mayor Millar felt that this was not an appropriate use of discretionary funds earmarked for training.