Council Reports: September 18+27, 2004

REPORT ON COUNCIL
September 18, 2004
Special Committee of the Whole 10:13 a.m. – 12:44 p.m.
All Members of Council present

Also Present: David Lambden, Surveying Consultant
W.D. Russell, Solicitor
Nick McDonald, Planner

LAND IDENTIFICATION, MAPPING, ZONING BY-LAW: For a report about this meeting see “Meeting on Municipal Lands Informative but Inconclusive” in Issue No. 24 of The Tiny Cottager, available on http://www.tinycottager.org in Issue Archives.

 

REPORT ON COUNCIL
September 27, 2004
Committee of the Whole Meeting: 9:01 a.m. – 6:12 p.m.
Regular Evening Meeting: 7:06 p.m. – 9:20 p.m.
All Members of Council present.

CONFIDENTIAL / CLOSED SESSION: 4:33 p.m. – 6:12 p.m.

DECISIONS TO BE MADE ABOUT TINY TRAILS: The Tiny Trails Committee proposes to prepare a master plan for development of the 23 km Tiny Trail which runs along the abandoned CNR right of way paralleling County Road 6 in the south end of the Township before swinging east to Penetanguishene. They are recommending that the trail be raised from a Walking Trail (Level 1, which is simple, undeveloped, has little signage and no amenities) to a Rural Trail (Level 2, which has some basic amenities such as rest areas and portable washrooms, some maps and basic signage, but no lighting or picnic pavilions or paved surfaces). They see the following as priorities in bringing the trail to Level 2 by 2010:
i) Reconstruction of bridges to the standard needed by snowmobiles – $500,000-$700,000 (but see the estimates below)
ii) Public Safety infrastructure including markers, gates, culverts, trail surface improvements, railings – $132,400
iii) Amenities including donor/sponsorship recognition, benches & picnic tables, signs identifying natural & heritage features, water taps, bike racks and parking improvements – $27,500
Funds have already been secured from SuperBuild, OFSC and the Trans Canada Trail Foundation and from the public for some of these costs. The Committee would look for more grants and for help from the community and from local businesses.

OPTIONS FOR TINY TRAIL BRIDGES: Henk Blom, Manager of Public Works, reported that 10 bridges on the Tiny Trail are in sufficient disrepair that they cannot carry a snowmobile groomer. Three are a safety hazard. The unspent SuperBuild funding amounts to $659,239, of which $286,769 would be contributed by the Township of Tiny. The available options are:
i) Do nothing except remove existing structures (bridges, abutments and piles) – $75,000
ii) Install 2 m wide wood frame bridges and Creek Level Trail — $140,400, of which $72,600 would be borne by the Township
iii) 2 m wide pedestrian steel girder bridge/wood deck at creek level – $162,100, of which $85,430 would be borne by the Township
iv) 2.5 m wide pedestrian steel girder bridge/wood deck at creek level – $166,100, of which $87,170 would be borne by the Township
v) Trail level 2 m wide pre-manufactured pedestrian steel bridge/wood deck – $675,960, of which $294,042 would be borne by the Township
vi) Trail level 2.5 wide pre-manufactured pedestrian steel bridge/wood deck – $738,500, of which $321,247 would be borne by the Township
vii) Trail level 3.6m wide snowmobile steel bridge/wood deck – low estimate $580,000, of which $252,300 would be borne by the Township; high estimate $1.2 million, of which $827,530 would be borne by the Township

MEETING RE FUTURE OF TINY TRAIL: After hearing the two reports summarized above, Council decided to schedule a public meeting about the Tiny Trail. There is to be held at

10:00 a.m. to 2:00 p.m.
Saturday October 16
Wyebridge Community Centre

At this meeting the two reports will be presented and questionnaires will be distributed. If you have views about the future of the trail, attend, and make them known. If you cannot attend, fill out the questionnaire which is available on the Township website – http://www.township.tiny.on.ca and send it in.

MEDIATION: Council has received a brief statement from the Mediators saying that their report has been submitted to the Attorney General and that they thank all those who have given time and energy to the mediation process in Tiny Township. Council instructed staff to write to the Mediators and to the Attorney General and ask for a copy of the Mediators’ Report.

FEDERATION’S ORAL SUBMISSION CONCERNING SHORE ISSUES: Council spent more than an hour considering the various recommendations in the FoTTSA submission (for the full text see the Report on Council for September 13). They asked for background information about parking and Major Park Master Plans and for input from the Manager of Pubic Works and from the Municipal Law Enforcement Officer.

SALE OF MUNICIPAL PROPERTY IN GEORGIAN BAY ESTATES AREA: The property in question is on the inland side of Champlain Road. Much of it is wetland and has Environmental zoning. Area residents are concerned about hunting in the area. On a 3 – 2 vote Council decided to retain a 150 foot wide strip fronting on Champlain Road and sell the balance to the adjacent landowners, as long as all costs were carried by the purchaser. Mayor Klug, Deputy Mayor Paul Maurice, and Councillor Ray Millar felt that the zoning restrictions in place were sufficient to protect the wetland and that the 150 foot buffer zone was sufficient to allay concerns about hunting. Councillors Rob Panasiuk and Peggy Breckenridge voted again the sale, Panasiuk, because he felt that the Township should continue to control this environmentally sensitive land and Councillor Breckenridge because she wanted the decision to be delayed for a year.

GARBAGE: The three Councillors were deeply concerned that the points made in discussions about garbage earlier in the year had not been reflected in the County’s arrangements for garbage collection in 2005. (The County of Simcoe has decided that a limit of 2 bags will be collected from each household, each week, with the option of putting out a third bag, with a tag purchased at a cost of $2.) Ray Millar expressed his disappointment that the vote on the matter at County was unanimous, as that meant that both Mayor Klug and Deputy Mayor Paul Maurice had supported County’s decision.
Mayor Klug (who sits on the Corporate Services Committee that recommended the 2-bag limit) said that he HAD presented his Council’s desire that there be some accommodation for the Township’s seasonal residents, but that he got no support.
Councillor Rob Panasiuk pointed out that two municipalities got special treatment from the County – and they were municipalities that collect less than two bags a week from each household — and that it could be argued that Tiny should receive more flexible treatment on the same ground. Even without a bag limit, the residents of Tiny put out the second lowest volume of garbage per household in the County – roughly 1.8 bags per week.
A representative from the County of Simcoe Environmental Services Division is to be invited to a meeting of Council to hear Council’s views on the matter.

COMMITTEES OF COUNCIL: Applications are now invited for positions on Committees of Council. The positions, which may be filled by electors in the Township of Tiny, are to last for 2005 and 2006, and the committees in question are:

Committee of Adjustment (5 members)
Tiny Trails Committee (6 members)
Historical and Heritage Committee (5 members)
Penetanguishene Library Board (1 member)
Huronia Airport Commission (1 member)

Applications are available on the Township website in the Community Info section under Public Notices “New Township Committee Members” and are to be submitted by Friday, October 29, to Roger Robitaille, Acting CAO/Clerk, Township of Tiny, R.R. #1, 130 Balm Beach Road West, Perkinsfield, ON L0L 1J0 or faxed to 705-525-2372.

PERMISSION TO ESTABLISH A TAKE-OUT EATING ESTABLISHMENT REQUESTED: Prior to the Public Planning Meeting on the application for a rezoning from Seasonal Residential to Tourist Commercial Exception at 9 Quesnelle Drive, off Concession Road 13 West, the Township had received at least 16 letters in opposition to the application, three of them from presidents of beach associations in the immediate area. At the meeting, half a dozen neighbours spoke of their desire that their area remain quiet and residential. Council unanimously rejected the application for rezoning.

REQUESTS FOR COUNCIL TO STOP UP/CLOSE/SELL TWO UNOPENED ROAD ALLOWANCES: Encroaching landowners at two beach road allowances want to purchase the land they’ve expanded onto. In both cases, public input was invited before Council made its decision.
1) One of these is at Thunder Beach, between 288 West Shore Drive and 20 Blue Lane. It was vigorously opposed by a resident, who drew attention to the private road sign that the encroaching resident had erected on the Township’s property, to the market value of beach front property at Thunder Beach, to the various uses the road allowance might serve including access for back lot owners and egress for storm water.
2) The second is at Farlain Lake. A number of back lot owners spoke in opposition to sale of the road allowance. They were supported by the Farlain Lake Association (with more than 80 member households) and by many waterfront owners.

FIRE CHIEF JIM SAWKINS RESIGNS: Council accepted the resignation of Chief Sawkins, effective October 3. The chief had been on “sick leave” since August 11. He assumed the position of Fire Chief with the Township of Muskoka Lakes on September 20. For more details about the sequence of events associated with the Chief’s resignation, see the Report on Council in Issue No. 24 of The Tiny Cottager.

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Council Reports: September 13, 2004

REPORT ON COUNCIL
September 13, 2004
Committee of the Whole Meeting: 9:02 a.m. – 6:59 p.m.
Regular Evening Meeting: 7:05 p.m. – 7:51 p.m.
All Members of Council present.

CONFIDENTIAL / CLOSED SESSION: 3:32 p.m. – 6:59 p.m.

GARBAGE: A letter from the County of Simcoe announced that households would be limited to two bags of garbage per week beginning January 1, 2005. One additional bag could be put out if it had tag and such tags could be purchased for $2. The maximum weight per bag was set at 20 kgs. As Council had approved a 3-bag weekly average with householders able to use a year’s allotment of tags as needed, this letter came as a surprise. The matter is to be discussed again at the next meeting of Council.

FIRE DEPARTMENT AND SWIMMING POOLS: It was decided that the Fire Department would not fill swimming pools in future. There was no support for the notion that such activity was part of the Fire Department’s training program. Ray Millar argued that this activity deprived private haulers of work and that it was inappropriate to draw water from one of Tiny’s water systems for a swimming pool.

AGENDA AVAILABILITY: In June, in Question Time, Judith Grant, President of FoTTSA, asked that more long agendas (which include reports) be made available for the use of those who attend Committee of the Whole and the Regular Meeting of Council, and also that long agendas be given to the two community newspapers in the Township – The Tiny Cottager and Tiny Ties – just as they are to the Free Press and The Mirror. As a result, more agendas were printed for general use during Council meeting days and staff told representatives of the two community papers to take one each at the end of the day. Then agendas began to disappear before the evening. At this meeting, Council decided that five agendas would be printed – 4 for the various newspapers and 1 for use of the audience, this last later to become a “library” copy available for consultation in the Township Office and to be signed out over night.
This solution does not make enough copies available for use of the audience.

ORAL SUBMISSIONS TO COUNCIL: 1) Bob Buchkowsky, a former Councillor, raised a several concerns about the Township budget, a number of which would have been allayed had he attended Council’s budget sessions. He came prepared to make a presentation concerning Site 41 instead of his scheduled topic, but this was not allowed, as it was clearly inconsistent with procedural guidelines for oral submissions.
2) George Lawrence, while emphasizing that he and TRWT support the septic re-inspection program whole heartedly, spoke about the need for the inspecting student to carry ID, for qualified C.C. Tatham staff to confirm the existence of problems identified by the student, and for follow-up letters to have a less threatening tone. Owners had, he thought, been asked to disturb their septic beds unnecessarily, had panicked, and had work done by ill-qualified contractors. Bill Goodale of C.C. Tatham was concerned that milder letters might result in even less response (apparently only half of those contacted, responded). Nonetheless, the tone of the letters has been softened.
[Note: If you need to have remedial work done on your system, make sure that the contractor you choose is licensed by the Ministry of Municipal Affairs and Housing. To find out if the contractor is licensed, call 416-585-6666, then press 1, then press 1 again (Housing Development and Buildings Branch).
3) In a presentation read by his wife, Hans Merzbacher, on behalf of the Sunset Bay Community Association, asked Council to reconsider the sale of a wetland property in the Georgian Bay Estates area. The Association would like the land to be held by Awenda Park or by the Township.
4) Judith Grant, speaking on behalf of the Federation of Tiny Township Shoreline Associations, asked for additional signage at large and small shoreline parks and road allowances, for the marking of the limits of municipal ownership on the beach, for parking arrangements to reflect principles in the Official Plan, for the preparation of a master plan for another of the five major shore parks, and for consideration of several other matters. For the complete deputation, click HERE.
5) Former Deputy Mayor Patricia O’Driscoll was given special leave to speak about matters related to the meeting with David Lambden on Saturday September 18. She said that the maps showing municipal ownership in green (these are available in the Township offices) were largely unchanged since 1999, that at least two areas were erroneously shown in green; that only four plans extend to the water’s edge and many stop at the high water mark (but see the report of the meeting with David Lambden in The Tiny Cottager, Issue No. 24); that concession ends must be closed by bylaw, and that mapping needs to be better.

 

ORAL SUBMISSION CONCERNING SHORELINE ISSUES

September 13, 2004

Presented by Judith Grant
On behalf of The Federation of Tiny Township Shoreline Associations

At present, visitors to many shore parks and road allowances have no idea at what point they leave Township property. They blithely take over privately owned picnic benches and cabanas and beach chairs. They leave garbage behind for Tiny’s shore residents to clean up. They change on the beach and urinate in the bushes or the lake. If something unfortunate happened, the property owner, not the Township, would be vulnerable to a suit. Even on municipal property, our by-law officers have trouble making charges stick because rules are not spelled out.

IN ORDER TO DEAL WITH THIS, WE HAVE THREE SUGGESTIONS TO MAKE.

FIRST AND FOREMOST WE SUGGEST THAT SIGNS BE PLACED at each of the large and small parks and road allowances along the shores of Tiny Township. Examples of such signs already exist at two road allowances. Two signs are needed at each location.

a) The first sign would establish the extent of the Township’s park or road allowance by presenting a schematic map. At one Concession that has such a sign, the sign shows the 66-foot Township road allowance in green, bounded by the water and by the private beaches on either side. Originally the names of both private beaches were written on this sign. But one beach association asked to have its beach name removed. We suggest that such signs simply designate, in green, the extent of township owned land, leaving the privately owned adjacent areas unlabelled. The legend (in English and French) would read: “Township-owned beach area marked in green”.
Larger parks need larger signs.

b) The other sign would indicate the activities that are or are not permitted. It should have a heading like “Rules” or “Please”. The headings on existing examples of this type of sign — “Welcome to the Township of Tiny. Please enjoy our municipal beaches” — are far too sweeping in their implications. Also, if symbols are used, their meaning must be clear. A couple of those on current signs are anything but obvious in their implication. If the symbols available are unclear, it would be better to present the rules in words – “Keep dogs on leashes”, “Stoop and scoop”, “No camping” and so on.

SECONDLY, THERE NEEDS TO BE ACTION ON PARK/ROAD ALLOWANCE BOUNDARY DEFINITION ON THE BEACH ITSELF. But this is not a subject on which one solution will work everywhere. The views of our associations run a long gamut. Some feel that the natural beauty of the continuous beach is diminished by placing signs or posts or boulders at municipal property boundaries. Some feel that adequate boundary markers are already in place. Others want a clear demarcation established, still others want effective barriers to ATV’s. The danger is that if the Township does not engage in dialogue and help to work out appropriate solutions, private landowners will take matters into their own hands. A possible approach would be to encourage associations and neighbourhood groups adjacent to parks or concession ends to work out local solutions, then approach the Township and together implement a workable outcome. The Federation is willing to help get such dialogues going, especially if Council were to make its own principles clear and instruct staff to try to find solutions and not dismiss such approaches out of hand.

THIRD, PARKING ARRANGEMENTS SHOULD REFLECT THE PRINCIPLES LAID OUT IN THE OFFICIAL PLAN.
The Official Plan views the shore of Georgian Bay as being environmentally sensitive and feels it important that much of the shoreline be used on a low intensity basis. [See, for example, Official Plan Principles, Environment – First, Items 8, 9, 10 and 29; Environmental Protection Two, B2.3.5; and also B6.6 Shoreline Parking Management c), d), and e)]

According to the Official Plan, Small Community Parks and Road Allowances in the Shoreline Area are “intended to be used on a low intensity basis by all Township residents” or “designated for use by residents in the immediate area.” [See B.3.4.6; see also B6.6 b)] It does not envision use of these smaller areas by the general public. It suggests in B6.6 that “parking adjacent to each Township-owned facility be carefully controlled and managed in accordance with the ability of the land to sustain public use.”

In sum, Small Community Parks and Road Allowances are to be used on a low intensity basis by Township residents, and the amount of parking available is to be in relation to the amount of land in Township ownership. The 1999 Parking Strategy put this into effect by designating the number of permit parking spaces to be available at each small park and road allowance, a number arrived at by considering walk-on use, the number of square feet available, the usual number of people per car, and so on. It envisioned no parking beyond the permit parking zone. It envisioned no parking at walkways all of which are for local use. This Strategy was only partially implemented: many open spaces remained which those without parking permits use – i.e. visitors from beyond Tiny’s borders who do not pay taxes but who do cost the Township money in many ways. There have been complaints about large numbers of cars parking on Concession 4 West near Pine Forest Drive, on Trew Avenue, on Concession 5 West, on Concession 6 and Old Trail, on Concession 8 West, and on Pennorth Drive, for example.

We ask that ONLY Permit Parking be available at all Small Community Parks and Road Allowances, and that open spaces in proximity to such parks and road allowances become No Parking areas back to the Nipissing Ridge. Council may wish to review the amount of permit parking space recommended in the Parking Strategy at each location; but it should consider what is available in relation to the amount of usable beach that is actually in Township ownership, as well as the density of local habitation producing neighbourhood walk-in use. At the moment the handling of parking in areas near small parks and road allowances violates the guiding principles in the Official Plan.

THE FIVE MAJOR SHORE PARKS

a) MASTER PLANS: The Official Plan says that Master Plans are to be prepared for each of the major shore parks “in order to ensure that they are effectively planned to both accommodate public use and minimize the impacts of that public use on the environment and adjacent residential areas.” Such Master Plans have been prepared for the parks at Balm and Jackson Point, but not for those at Woodland Beach, Trew Avenue, and Lafontaine Beach. Bearing in mind the cost of the exercise, we urge that Council have a Master Plan prepared for at least one of the remaining three parks, with input from the surrounding neighbourhood (as there was with preparation of the first two Master Plans). [See B3.4.5]

b) PARKING: Again and again, the Official Plan stresses that park use should be managed in such a way as to minimize the impact of such use on the fragile shoreline environment. Thought needs to be put into how much use is environmentally responsible at our major parks and whether enough of the available parking spaces are reserved for permit holders. Then limits on the amount of available open parking should be imposed back to the Nipissing Ridge.

There are costs associated with the management of our large parks. The Township should be charging outsiders enough to cover those costs, possibly through parking meters. Our neighbours do this – there are no free days at the beach at Allenwood or at Wasaga.

The Township sells 150 parking permits to non-residents of Tiny at a cost of $30. We recommend that these outsider permits be coloured so that Township by-law officers can ascertain just where they are being used, as a basis for future decisions. There is, for example, concern that an undue number of the parking spaces for boats and trailers at Jackson Park and the nearby overflow parking lot are being taken up by non-Tiny permit holders. We hear that nearby jurisdictions charge $100 for a season’s boat launch privileges.

There should be signs at entry points into the Township about the limited availability of parking along the shore and the stiffness of the fines for parking violations.

RECENTLY PURCHASED OR ACQUIRED BEACHES
The Official Plan states that when “as part of the inventory process [undertaken by David Lambden], additional waterfront land is deemed to be owned by the Township…Council shall carefully consider how the use of these lands should be managed to minimize the impact of that use, and the associated parking, on the environment and adjacent residential areas. On this basis, it is a policy of this Plan that Council shall consult with affected residents and other stakeholders to determine how these lands should be planned and used.

It is our view that such consultation should also happen when a beach is purchased.

Such follow up consultation is needed at Wahnekewening, at Trew Avenue, and at Woodland Beach.

One Final Note: The Farlain Lake Association asked that I tell you that it is satisfied with signs and parking arrangements in its area.

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Council Reports: August 30, 2004

REPORT ON COUNCIL
August 30, 2004
Committee of the Whole Meeting: 9:00 a.m. – 6:50 p.m.
Regular Evening Meeting: 7:05 p.m. – 8:36 p.m.
All Members of Council present.

CONFIDENTIAL / CLOSED SESSION: 5:38 p.m. – 6:50 p.m.

PARKING COMPLAINTS/WAS THE ESSENTIAL POINT MISSED? There have been complaints about large numbers of cars parking on Concession 4 West near Pine Forest Drive, on Trew Avenue, on Concession 5 West, on Concession 6 and Old Trail, on Concession 8 West, and on Pennorth Drive. The Manager of Public Works, Henk Blom, viewed these in the light of traffic safety and reported that driveways were not blocked and that emergency vehicles were able to get through.
This report did not mesh well with another report on the agenda, which listed parking infractions on the long August weekend, many of them in the areas reviewed by Mr. Blom.
Moreover (and this was not mentioned except in a question from the audience), the important point about this sort of parking was missed entirely. These parking problems are all in areas where people from outside the Township are permitted to park without permits and access concession ends and small shore parks. They are freeloading on the taxpayers of Tiny who have to pay for by-law enforcement, garbage cleanup, and who may find their local beach park overcrowded.

SEPTIC RE-INSPECTION PROGRAM: There have been a number of complaints about “intimidating” letters sent to owners in connection with the Septic Reinspection Program and about seemingly unreasonable requirements made of homeowners. Because of this Bill Goodale of C. C. Tatham and Associates made a preliminary report about this year’s re-inspection program, and responded to questions from Council and members of the audience. Even if there is no evidence that a system is malfunctioning, a owner may be asked to expose the bed if there are structures overlaying it or if there are poplars nearby or trees in the bed area: structures even slightly over the bed are against the rules and trees (particularly poplars) clog the tile bed with their roots. Letters are to be couched more tactfully. As, some of the problems have resulted from ill founded reactions by older owners, Goodale was asked also to make contact by telephone when a serious letter went out to ensure that owners understood what they were being asked to do.

LE VILLAGEOIS DE LAFONTAINE: Hitherto Council has been willing to give this retirement housing project in Lafontaine moral, but not financial, support. At this meeting of Council, Councillor Rob Panasiuk argued for a different way of viewing the situation, namely that the project could be seen as a way of financing a 10,000 square foot Community Centre available for use by all residents in Tiny Township, at a cost of no more than $8,000 a year for the next ten years – $8,000 being the difference between giving the Villageois project a “residential” as opposed to a “multi-residential” zoning. That level of financial commitment is essential if the project is to be considered for funding from senior levels of government. Tiny Township’s ongoing support is contingent upon funding being acquired.

EXOTIC ANIMAL BY-LAW: Council continues to be uncertain about the need for an Exotic Animal By-law. There is reluctance to create a regulation in the absence of any problem. One question was whether or not the drafting of such a By-law could be retrospective if a problem with an exotic animal presented itself. The legal view of this is not absolutely clear, though it looks as if Council could control a problem after the fact, by drafting a By-law to deal with it. The By-law Officer would like a By-law so that he has some basis for action if a problem occurs. Council decided to revisit the issue in six months.

PAID DUTY OPP ON LONG WEEKEND: Council decided to hire a paid duty OPP officers for 10 hours on each of the three days of the long August weekend. They were to administer speeding tickets in several trouble spots in the Township. Some 49 vehicles were stopped; 29 charges were laid; of these 27 were for speeding; and of the 27, 12 were for infractions more than 20 kilometres over the posted speed limit. One driver was charged with driving without a license and one with failing to yield. Council decided to hire Paid Duty Officers again on the Labour Day weekend, and to then decide whether this is an effective method of controlling speeding in the Township.

TINY TRAIL BRIDGES: Questioning from Councillor Panasiuk elicited the information that the Township has received $275-300,000 from the SuperBuild Fund for P3, the bridge south of Wyevale that was finished early this year. An additional $70,000 is being held back, probably until the bridge project is completed. The deadline for dealing with the remaining bridges with the help of SuperBuild is not until 2006. There is to be a public meeting to ascertain how much support there is for spending money on rebuilding the remaining bridges.

PLAN TO HEAR WHAT DAVID LAMBDEN HAS TO SAY: Finally, the citizens of Tiny are to learn how much work was done and how much remains to be done on the Land Identification Project, which was to ascertain how much land the Township actually owns on the western shore of Tiny Township. And members of Council will be able to establish Lambden’s views about the sort of mapping that should accompany the new Zoning By-law. Nick McDonald, the planner who prepared the new Zoning By-law, and Rusty Russell, the Orillia lawyer who prepared the list of lands the Township owns using information from Lambden, will both be present. Mr. Russell is to chair the meeting. Plan to attend the

Special Committee of the Whole Meeting
10 a.m.
September 18, 2004
Wyebridge Community Centre
8340 Highway 93

As this is a Committee of the Whole Meeting, the bulk of the meeting will be given over to Council’s questions. If there is time, you may be able to ask questions at the end.

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Council Reports: August 9, 2004

REPORT ON COUNCIL
August 9, 2004
Committee of the Whole Meeting: 9:00 a.m. – ??:?? p.m.
Regular Evening Meeting: 7:00 p.m. – 8:00 p.m.
All Members of Council present.

CONFIDENTIAL / CLOSED SESSION: At least one subject of discussion here was a report from Zinner and Co. concerning the search for a new CAO / Clerk.

ACTION RE SITE 41: Councillor Rob Panasiuk asked each member of Council to speak to the question “Is it your will to stop site 41 from ever happening in its present location.” Four of the five answered yes. Councillors Peggy Breckenridge and Rob Panasiuk observed that responses given by Doug Jagger, of Jagger Hims Limited, to two key questions, when County representatives came to speak to Council about Site 41, persuaded them to oppose the dump. To “If Site 41 were being examined afresh as a dump site, would it be selected?” he replied “Probably not.” To “Was the amount of water under the site considered when it was selected,” he responded, “No.” Unlike the others, Mayor Klug said that if the expert consultants say it will work, he wouldn’t say no to the dump, though he feels strongly that thoroughgoing countywide waste diversion should be put in place first.
With the majority of Council opposed to Site 41 ever being put in place in its current location, Council (the Mayor included) then discussed how to achieve that objective. Should they lobby all the mayors and deputy mayors who have a vote at County? Should they lobby the Provincial Government — and if so, who and how? They decided to hire a firm expert at lobbying, and to follow its advice as to what to do and in what sequence. Councillor Rob Panasiuk supplied a short list of appropriate firms, from which a selection might be made.

ZONING BY-LAW MEETING DELAYED/ DAVID LAMBDEN: The meeting on the new Zoning By-law, which was scheduled for August 28 and then put off until September 18, has been delayed until next spring. The September 18 slot is to be used for a

Special Committee of the Whole meeting
10 a.m.
Wyebridge Community Centre
8340 Highway 93

David Lambden, surveyor and boundary expert, is coming to tell Council about his progress with the Land Identification Project (the extent of shore lands owned by the Township). Council also wants to consult him about the mapping that is to accompany the new Zoning By-law.

HIGH SPEED INTERNET FOR ALL OF TINY: The Federation of Tiny Township Shoreline Associations and Tiny’s Residents Working Together made a joint presentation asking that Council ensure that High Speed Internet Service is made available to the entire Township. Roughly 200 households had expressed interest in response to notices that appeared in The Tiny Cottager and in Tiny Ties. The two groups spoke of the importance of the service for students, people working from home, home-based businesses, and ordinary folk all over the Township. They noted that surveys conducted by real estate companies reveal that high speed internet service is an amenity that purchasers of cottages ask about and require.
The presentation included quotations from those who responded to the survey. It supplied information about different kinds of High Speed Internet service available in Tiny Township, and it asked that Council:
• Call Bell and ascertain how much of Tiny Township that company will supply with High Speed Internet service, either through outreach from new “central offices” or through the Anik F2 satellite.
• Explore government programs (COBRA and BRAND), with the help of our MP and MPP, as a way of funding the necessary infrastructure, if Bell’s coverage is inadequate.
• Make efforts to attract suppliers to Tiny Township if service cannot be achieved through Bell or with the help of government funding programs.

A COMMUNITY BEACH ALONG PLAN 670 OF WOODLAND BEACH? Elaine Stephenson spoke to Council on behalf of both the waterfront residents on Plan 670 and the nearby residents who use the beach in front of Plan 670. The beach in question extends north from Woodland Beach Park to Tamarack Trail.
According to Ms Stephenson, the grooming of the beach that took place in the week of July 19 was the first time the Township had maintained the beach; for many years residents had been told by staff and members of the Council of the day that the beach was not Township-owned; these same residents knew that they themselves did not own the beach.
In her view, several parts of the Official Plan have not been honoured at Plan 670, notably those concerning the environmental sensitivity of the shoreline area and minimization of impacts on adjacent neighbourhoods and on the beach itself. She asked why the Official Plan spoke of the six Major Community Parks in the Settlements as providing recreational opportunities for the Township’s residents while the five large Parks on the Western Shoreline of Tiny were to be for public use. She drew attention to the OP’s requirement that master plans be prepared for the five major Shoreline Parks; she observed that much work has been done at Woodland Park even though no master plan has been prepared. She asked that neighbours be consulted before any further work is done, and she asked that use of Woodland Park be restricted to Township residents, by reserving all or most of the 36 parking spaces in the Park for those with parking permits.

FLOODING AT TRIPP LANE: The storm that caused the flooding along Tiny Beaches Road south of Stott Park at the end of May also caused flooding on Tripp Lane in Concession 1. A foot of water stood on the road and flooded the basement of the one permanent resident on the Lane. These are just the latest in a series of such incidents at Tripp Lane. The Manager of Public Works is to propose a plan of action.

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Council Reports: July 26+27, 2004

REPORT ON COUNCIL
July 26, 2004
Committee of the Whole Meeting: 9:08 a.m. – 6:00 p.m. and 9:05 p.m. – 10:27 p.m.
Regular Evening Meeting: 7:05 p.m. – 8:42 p.m.
All Members of Council present.

CONFIDENTIAL / CLOSED SESSION: 4:30 p.m. – 6:00 p.m. and 9:05 p.m. – 10:26 p.m.

REQUESTS TO MAKE ORAL SUBMISSIONS: As Council considered the four requests, they decided to expand and refine the form that applicants must fill out. They also decided that it would be useful if members of staff were to tell them what they know about each request.

QUESTION PERIOD: Questions concerning items on the agenda are to written out on cards and may be submitted to the clerk at any point during the day. They will be answered during Question Period, time permitting; otherwise they will be answered later. Details of this change in procedure are still being worked out.

NEW ZONING BY-LAW / ISSUES / PUBLIC MEETING:
The Members of Council feel that they still do not have a clear grasp of mapping issues.
Nick McDonald, of Meridian Planning, who prepared the Official Plan and the proposed Zoning By-law, is of the opinion that the current mapping is sufficient for zoning needs. He feels that there is no need to include environmental details on the maps, as surveys are required when a lot is developed, and surveys are to include significant natural features. There is to be no EP zone along the shore; instead, on the water side of the lot, the residential zoning is to extend to the line shown on Registry maps.
However, according to McDonald, David Lambden (the surveyor and boundary expert who was retained from 1999 to 2003 to ascertain the extent of Township ownership along the western shore of Tiny Township) takes a different view. Lambden feels it important that the Township have accurate maps. Council would like to hear his views.
In response to their earlier invitation that he meet with them, Lambden asked that Council read three of his overview reports prior to any meeting. Unfortunately, one or two of these were missing. The replacement reports were due to arrive in the Township on July 26 or 27, and Council hopes to meet with David Lambden in the course of the next meeting of Council.
To allow time for consideration of the mapping issue, Council decided to delay the Public Meeting on the new Zoning By-law until Saturday September 18, Wyebridge Community Centre, at 10 a.m.

IMPLICATIONS OF PROVINCIAL POLICY STATEMENTS FOR THE 178 METRE ELEVATION AND SETBACKS: Nick McDonald of Meridian Planning, reviewed the situation with regard to the 178 metre elevation and setbacks. The view he expressed is essentially the same as that in his letter attached to the Report on Council for January 26.
However, he now feels that there is something new to take into consideration. It may be possible to argue that Tiny’s established shore communities should be treated the way the Province treats communities that were built on floodplains. The Ministry of Natural Resources and Municipal Affairs acknowledges that strict adherence to Provincial policies would result in social and economic hardships to such communities. Special policies, guidelines and procedures have been put in place for them.
McDonald was instructed to write a letter to the Province asking that similar special treatment be given to long established shore communities of Tiny Township that would not conform to the proposed 178 metre elevation and setbacks.

BROADER NOTICE FOR PUBLIC MEETINGS: In Tiny, notices of public meetings about zoning bylaw amendments are sent to every owner of land within 120 metres of the area to which a proposed bylaw would apply, and a sign which is clearly visible and legible from a public highway is placed on every separately assessed property in the area to which the proposed bylaw would apply. In addition, ratepayer groups in the general area are routinely sent notice as well and notices of public meetings are posted on the Township’s website.
Last January a public meeting was held and a decision was made to allow sea-doo rental at a property in Balm Beach. In this instance, letters to property owners within 120 metres of the rezoned property were clearly not enough, as shore owners for a considerable distance are affected. The agendas on the Township website did not reveal that sea-doo rental was the issue at hand.
Some time ago, in response to a deputation made by the Federation, Council asked the Planning Department to be more specific about the nature of the zoning bylaw amendments in Council agendas. Now, in addition, Council has decided to enlarge the area (from 120 to 750 metres) to which letters giving notice of a public meeting must be circulated when the application involves any kind of commercial development anywhere in the Township. A minor amendment to the Official Plan will be required.

OPP QUARTERLY REPORT / SPEEDING: Inspector Greg Skinner, head of the Southern Georgian Bay OPP, which handles policing in Tiny Township, presented his quarterly report to Council. He noted that the numbers of offenses in most areas of policing have leveled off. The most frequent offenses are 1) false alarms, 2) motor collisions, and 3) 911 hang ups. The cost of policing last year was $1,150,607 — $123.30 per permanent resident, or rather less if Tiny’s seasonal residents are factored in. This compares favourably with the provincial average of over $200 per citizen.
As there have been many complaints about speeding in Tiny Township, Skinner had been asked to report on ways to curb speeding.
Community Safety Zones, in his opinion, have little impact, unless they are enforced by police officers giving out tickets.
Photo radar was also not a good solution; drivers learn that they have been caught only considerably after the fact, so there is no immediate impact on their driving habits. An officer has to be present when photo radar is used to catch speeders, so there is no saving in manpower. Also, the legislation allowing its use has been repealed and has not been reinstated.
Skinner thought that a radar sign was a better option – as the visual reminder that a driver is speeding often has a salutary effect.
Paid duty officers administering speeding tickets and tickets for other offenses seemed to him to be the best option. A paid duty officer costs $500 for a 10-hour shift. He did not think it was a good idea to let private citizens hire such officers. Skinner would have such an officer shift his place of operation several times in the course of a shift, to the various areas where speeding is a concern.
Councillor Panasiuk ascertained that the fine when a driver is caught driving 20 km over the speed limit is roughly $100, half of which comes to the Township. He pointed out that if 10 such speeding fines were administered in the course of 10-hour shift, the Township would cover its costs. Alternatively, if there was no need to fine that many drivers, then the problem was probably not as great as had been supposed. Council decided to hire one paid duty officer on each day of the three days of the August long weekend, and then review the situation.

SITE 41 MORATORIUM / MAYOR KLUG STILL OPPOSED: Former Deputy Mayor Gordon Salisbury and former Councillor Bob Buchkowsky reported that they have visited the Councils of North Simcoe municipalities and urged them to support a moratorium on Site 41. They sent information packages to the other municipalities in Simcoe. Council also forwarded its own resolution supporting a moratorium to North Simcoe municipalities. The upshot has been that Tay, Springwater and Midland all support a moratorium, while Penetang is opposed.
The pair want Council to send out a request for support to the remaining 11 municipalities of Simcoe County and to lobby other Councils personally. They expressed concern that the support of a Council will not necessarily result in votes for a moratorium at the County of Simcoe, as Mayors and Deputy Mayors may vote as they please. They urged Council to pass a motion that the Mayor and Deputy Mayor vote in such a way as to reflect the views of the majority at County. Mayor Klug (who voted against the moratorium, in a 3-1 vote) said that if such a motion were put in Tiny, he would have to seek legal advice.
In reply to Salisbury and Buchkowsky, Deputy Mayor Paul Maurice (who supports a moratorium) argued that the time to push has not yet come. New information is expected, and when it arrives, that will be the time to approach other Councils. Councillor Ray Millar, long time opponent of the dump, likewise advised caution. Like Councillor Breckenridge, he emphasized that Council has a plan. This plan then had 18 days to run before it is to be acted upon. Mayor Klug said that he wants a comprehensive, county-wide, garbage diversion plan in place before any further landfill sites are opened.
Excerpt from Nick McDonald’s letter of July 15, 2004.

New Provincial Policy Statement

On the basis of a review of the draft Provincial Policy Statement dated June 2004, there are no changes of consequence in the section dealing with natural hazards from the current version of the PPS. Development continues to generally be directed to areas outside of the hazardous lands adjacent to the shorelines of the Great Lakes. In addition, the draft PPS continues to state that development and site alteration will not be permitted within the dynamic beach. Although a minor change to the way dynamic beach is defined is included within the draft PPS, the change is merely editorial in nature.

On the basis of the above, the proposed zoning provision that would allow for some minor development and redevelopment of properties in the shoreline continue to be appropriate (see McDonald’s letter, attached to Report on Council for January 26.) This is notwithstanding the change in the Planning Act, which requires that all planning decisions be consistent with the PPS. The basis for my opinion is that the Ministries of Natural Resources and Municipal Affairs and Housing have both indicated that, to a certain extent, the implementation of a dynamic beach recommendation is at the discretion of the Township of Tiny. As noted previously, it is my opinion that the Township has no discretion with respect to the 178 metre elevation along the shoreline.

Options for Council

There do not appear to be many options for Council to consider. However, the Province has created a series of policies, guidelines and procedures to deal with lands within a floodplain. A floodplain is the area, usually low lands adjoining a water course, which have been or may be subject to flooding hazards. In some cases development is conditionally permitted within a flood fringe. A flood fringe is the outer portion of the floodplain between the floodway and the flooding hazard limit. The depth and velocities of flooding are generally less severe in the flood fringe than those experienced in the floodway.

In some parts of the Province, particularly in the downtowns of older communities, a special policy area has been established. A special policy area, as defined by the PPS, is:

an area within a community that has historically existed in the flood plain and where site specific policies, approved by the Ministers of Natural Resources and Municipal Affairs and Housing are intended to provide for the continued viability of existing uses (which are generally on a small scale) and address the significant social and economic hardships to the Community that would result from strict adherence to Provincial policies regarding development. The criteria and procedures for approval are established by the Province.

In essence the Province has recognized that in certain circumstances, the strict adherence to Provincial policies and guidelines would result in social and economic hardships to a community.

In my opinion, the existing and proposed PPS policies also have the potential to cause significant social and economic hardships to those who own property along the shoreline of Georgian Bay in the Township of tiny. On this basis, it is suggested that Council request the Province to consider including a similar policy in the PPS that would allow for special consideration to be given to shoreline areas which are affected by the policies of the PPS in a negative manner. If such a policy was included within the PPS, the Province in conjunction with the County of Simcoe and the Township would then jointly prepare special policies that would be designed to minimize social and economic hardships along the shoreline.

REPORT ON COUNCIL
July 27, 2004
Special Committee of the Whole Meeting: 8:01 a.m. – 8:03 p.m.

CONFIDENTIAL / CLOSED SESSION: 8:06 a.m. – 10:30 p.m. and 7:45 p.m. – 8:02 p.m.

TOUR OF NORTH END OF TINY TOWNSHIP: This occupied the hours between the two in camera sessions.

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Council Reports: July 12, 2004

REPORT ON COUNCIL
July 12, 2004
Committee of the Whole Meeting: 9:08 a.m. – 10:43 p.m.
Regular Evening Meeting: 7:11 p.m. – 9:07 p.m.
All Members of Council present.

CONFIDENTIAL / CLOSED SESSION: 5:59 p.m. – 7:04 p.m. and 9:10 p.m. – 10:42 p.m.

CONSIDERATION OF REQUESTS TO MAKE ORAL SUBMISSIONS: Oral Submissions is the new phrase for what used to be called Deputations. There were four requests. All of them were granted, two to be heard in September, and two at the next meeting of Council.

ANNUAL AUDIT OF TOWNSHIP’S BOOKS: Doug Holmes and Kathy Black of BDO Dunwoody, the Township’s Auditors, reported on their examination, on a test basis, of the Township’s books for 2003. In their opinion, the books fairly present the financial position of the Township.
When Councillor Rob Panasiuk asked whether it was appropriate that a termination payment to an employee of the Water Department be allocated to the Water Department, he was told that such a sum could appropriately be assigned either to the Water Department or to the Township’s general account. On balance, the auditor appeared to support allocating the sum to the Water Department, as such a payment was probably payment in lieu of notice – an extension of his wages. In Tiny, costs associated with municipal water systems are financed by users of those systems, not by the general taxpayer.
(Regular readers of these Reports on Council will be interested to know that the cost to taxpayers of having the auditors look into allegations made by former Mayor Anthony Lancia totalled $4,000. See the Report on Council for February 23, 2004 under “Deputations”.)

DRAINAGE PROBLEM SOUTH OF STOTT PARK: Several areas in the Township experienced flooding after the heavy rain at the end of May. One of these is along Tiny Beaches Road south of Stott Park, where there are large pools of standing water in ditches and flooding in some basements. The Manager of Public Works recommended that a pipe be installed to drain the water north to an existing pipe in Stott Park and on into the Bay through the culvert at the 8th Concession Road Allowance. He estimated the cost at roughly $40,000. The grade of the pipe is to be only .2% and there is to be erosion abatement to mitigate the impact on the beach. The stuff currently clogging the pipe in Stott Park is to be vacuumed out, not flushed into the Bay. At Councillor Panasiuk’s request, that part of the drainage works associated with Stott Park is to be financed out of the Parkland Trust fund. The balance will be funded from the Capital Trust fund.
A resident who lives near the 8th Concession Road expressed concern about the possible adverse effect of this additional water on the 66′ road allowance park, on adjacent private land, and on water quality in the Bay.
Council decided to have the pipe installed, even though property owners near the 8th had not been consulted.
It was not clear why this particular flooded area was being viewed as an emergency when other flooded areas were not.

FIRE DEPARTMENT’S CUTTING OF TREES/FILLING OF SWIMMING POOLS:
Questioned about the removal of trees at the Woodland Beach Fire Station, Chief Jim Sawkins said that fire fighters removed 4 trees to free space for parking for the 15 volunteers attached to that station. He had met with Ron MacKinnon, president of the Woodland Beach Association, and together they had agreed upon 6 trees to be removed. According to Sawkins, still more parking space is needed.
Henk Blom, Manager of Public Works, asked that a site plan be prepared and agreement reached about trees to be removed before any action is taken in future. Further, he asked that the Public Works Department, which has training and insurance, be entrusted with removal of trees from now on.
Asked about the Lafontaine Fire Department’s filling of swimming pools in the North West Basin area, the Chief said that the practice pre-dated his arrival (a statement confirmed by Deputy Mayor Pierre Paul Maurice who had been Deputy Fire Chief for a time). The Chief said that this activity helps the Fire Department meet a training requirement. A full tank of water (filled from the Lafontaine water system) is used to fill a pool, then a additional tanks of water are drawn from the Bay and emptied into the pool until it is full. Owners made “voluntary” donations to the fire station for the service. Four pools were filled this way, on the condition that water could be withdrawn from them in a fire emergency. Councillor Ray Millar asked the Chief to submit the Fire Department’s policy about filling pools to Council for review.
The Treasurer noted that payments for services performed by paid employees of the Township, on Township time, should go into general revenues.

PHASE II: PERRI SUBDIVISION, WOODLAND BEACH, AUTHORIZED: Originally, the developer wanted an additional 28 lots in the second phase of his subdivision. The Township did not grant the necessary Official Plan and Zoning By-law amendments for environmental reasons, and was supported in this by the County of Simcoe. The upshot of the developer’s appeal to the Ontario Municipal Board was that the designation in the area was changed from Environmental Protection 2 to Shoreline Residential and the number of lots was cut from 28 to 16, with development conditions, one of which was that a special type of septic system be used for some of the lots, as the water table in the area is very high.
This additional subdivision will put more stress on an already heavily used stretch of the shore.

ORAL SUBMISSION RE ATTEMPTS BY THE GOVERNMENT OF ONTARIO TO GAIN CONTROL OF SHORE LANDS: In her presentation, former Mayor Patricia O’Driscoll reminded Council that, in 1940, the Government claimed to control the waterways up to the “high water mark”. (That Act was repealed in 1951 because the Attorney General recognized that the Act confiscated land without compensation.)
In 1990, the Attorney General of Ontario claimed that the Crown had never sold the lands between the “line of the wood” on the original Plan of Survey of the Township of Tiny and the water’s edge. The “line of the wood” stretched from Concession 3 to Concession 19 and in some places was as much as 1000 feet inland from the water’s edge. (The Court dismissed the claim, and confirmed that lots in Tiny were sold to the water’s edge.)
O’Driscoll sees the Natural Hazards Policy, which requires setbacks for shore dwellings from a geodetic elevation of 178 metres above sea level, as the most recent attempt by the Government of Ontario to gain control of shore lands.
In her view: “This Council, in order to protect its assessment base and to make sure that ALL waterfront properties are not devalued, should get the necessary tools — accurate mapping — and hire experts who have the knowledge and skills to stand up to the Government of Ontario on this issue and achieve a ‘made in Tiny’ solution.”

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Council Reports: June 23+28, 2004

REPORT ON COUNCIL
June 23, 2004
Special Committee of the Whole Meeting: 8:30 a.m. – 9:30 a.m.
All Members of Council present.

CONFIDENTIAL / CLOSED SESSION: 8:30 p.m. – 9:30 a.m. The topic of discussion was “Personal matters about an identifiable individual, including municipal employees.”

REPORT ON COUNCIL
June 28, 2004
Committee of the Whole Meeting: 9:04 a.m. – 10:49 p.m.
Regular Evening Meeting: 7:03 p.m. – 9:43 p.m.
All Members of Council present.

CONFIDENTIAL / CLOSED SESSION: 4:37 p.m. – 5:30 p.m. and 9:44 p.m. – 10:49 p.m. The subjects of discussion were:
Personal matters about an identifiable individual, including municipal employees.
Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality.
Advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

TOWNSHIP PROCEDURAL BY-LAW PASSED: During Committee of the Whole, Council considered and made minor modifications to the draft Procedural By-law in response to a written submission from former Deputy Mayor Patricia O’Driscoll.
In the evening, former Mayor Anthony Lancia asked a series of questions about the draft By-law. In reply, Councillor Rob Panasiuk observed that the hearing of deputations by Council is a privilege, not a right, as there is nothing in the Municipal Act about them; and that Council may delay an oral submission and under some circumstances it may choose not to hear an oral submission. However, discussion leading to such decisions would be held in public, not behind closed doors. Usually an oral submission would not be heard until the meeting after the one at which Council considers a request. However, if the matter is urgent, Council may waive its Procedural By-law and hear an unscheduled submission immediately.
Panasiuk also noted that the asking of questions in Question Period is a privilege, not a right.
To see the Procedural By-law, go to the Township website – township.tiny.on.ca – and, under Government, click on Bylaws.)

TINY TRAIL BRIDGES AGAIN: As the original estimates ($1.2 million) for bridge repairs on the Tiny Trails were grossly under the tendered cost ($2.1-2.2 million), R. J. Burnside & Associates was asked to give its opinion of the original estimates. Burnside reported that the estimates were not unreasonable, and that there were four causes for increases in costs – the addition of steel pilings as the result of soil analysis, the addition of intermediary pile foundations to make the bridges look like 19th century railway bridges, increases in the cost of timber, and the addition of a bridge.
Burnside was of the opinion, however, that the Council of the day should have been given a heads up as increases in costs were discovered.
There was some discussion about the last Council’s decision to complete P3 (the bridge just south of Wyevale) and to make it historically accurate when it was much the most expensive to undertake. Councillor Panasiuk asked whether there had been adequate public process, and suggested that it would be wise to consult with Tiny’s taxpayers before proceeding with further bridge repairs. The matter will be on the agenda again.

REMUNERATION OF COUNCIL: As has been the practice for the last three years, the increase in Council remuneration is to be the same as that given to staff, and this year, that is 3%. In addition, compensation for travel to and from meetings other than regular meetings of Council is to be reimbursed for the total kilometres traveled, minus 40.

AUDIT OF COMMUNICATIONS EQUIPMENT: A report from Shawn Crawford, Municipal Law Enforcement Officer, about the need to purchase new portable radios for his department triggered a decision by Council that an audit of communications equipment be done in all Township departments – cell telephones, radios, and the like – so that duplications can be eliminated and communications rationalized.

DAVID LAMBDEN’S REPORTS: David Lambden has asked Council to read three of his summary reports before he meets with them. As one of these is missing, staff will have to ask Lambden for a fresh copy. Staff has prepared an extensive list of all communications from Lambden (invoices, maps, reports, letters, reports) in the Township’s possession. Former Deputy Mayor Patricia O’Driscoll suggested that it would be wise to have Lambden confirm that the list is complete (and forward copies of those that are missing), as, according to her files, at least 20 of his communications from her term of office were not listed.

SURVEYS AND COMMITTEE OF ADJUSTMENT: In response to a deputation by Dorene Trunk on the need for surveys before the Committee of Adjustment makes decisions, Council asked staff to prepare wording for the Draft Zoning By-law which would require that a survey prepared by an Ontario Land Surveyor identifying a lot’s boundaries and natural features should accompany development applications whenever no official survey is available.

DEPUTATIONS: Janet Evans gave another is a series of deputations about matters associated with former Clerk/CAO Earl Evans during the term of the previous Council. She presented a binder of information to Councillor Rob Panasiuk.
Melanie Rully, long time resident, spoke about problems arising from the erection of two new homes which, in her view, are out of character with the neighbourhood, block others’ views, and open the way for erosion on others’ lots.
Dave Sparrow, representing the Wymbolwood Beach Association, spoke about excessive speeds on Tiny Beaches Road South from the 6th to the 8th Concession Roads, where children cross. (Vern Owen of the Bluewater Georgina Wendake Beaches Association raised similar concerns at an earlier meeting of Council.)

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Council Reports: May 29+June 14, 2004

REPORT ON COUNCIL
May 29, 2004
Public Planning Meeting concerning the proposed recreational trailer park in Concession 2: 10:10 a.m. – 12:27 p.m.
Mayor Robert Klug, Deputy Mayor Pierre Paul Maurice and Councillor Peggy Breckenridge present;
Councillors Ray Millar and Rob Panasiuk absent because of prior commitments.

The proposed recreational park in Concession 2 would be a seasonal campground facility to be developed in 4 phases with the following uses and structures:
• 290 seasonal sites for tents and trailers
• seasonal group camping
• 10 cabins for year round use
• trails and observation tower
• accessory recreational uses
• lodge/recreation/health facility
• a paintball range
• mountain bike facilities

For the development to go forward, half of Lot 25, Concession 2, which is currently designated “Rural,” “Greenbelt,” and “Environmental Protection II” in the Township’s Official Plan, would have to be redesignated as “Major Recreation.” There would also have to be a zoning change for the north half of Lots 24 and 25, Concession 2.

The 180 individuals who attended the public meeting at the Wyebridge Community Centre heard Nick McDonald, the Township’s consulting planner, outline the proposal, and then heard presentations from the developer’s experts. The latter defended the paint ball facility and the heavy use of groundwater and extensive septic systems, and minimized noise and traffic.

Among the nine individuals who spoke in favour of the proposed development were the owner of the paintball park in Wasaga Beach, a couple who intend to be married there and the Reverend Sid Maddock, a resident of Woodland Beach, who felt that Tiny Township should trust Dr. Stubbs. Another supporter argued that the trailer park proposal is better than spreading sludge on farmers’ fields. Former Mayor Anthony Lancia also spoke in favour of the development, as he had at the first public meeting on December 1, 2001, primarily because, when he was Mayor, he had encouraged the developer.

Many serious concerns were raised by the 19 who spoke against the proposed trailer park. Several of these represented large groups — including the Federation of Tiny Township Shoreline Associations (with 21 member associations), Tiny’s Residents Working Together, the Deanlea Beach Association (with more than 200 member households), the Rochelle Beach Association, and the Edmor/Georgian Heights Association. These 19 speakers raised concerns about the loss of trees and wildlife and quiet; about increases in traffic, beach use, and garbage; and about the costs of increased police and by-law. Several speakers made the point that if the Township was going to change the standards in its official plan, there had to be benefits to cause it to do so, and these were not obvious. Others pointed out that trailer parks do not pay their fair share of taxes — a whole park may pay taxes equivalent to those levied on a single waterfront cottage.

 

 

REPORT ON COUNCIL
June 14, 2004
Committee of the Whole Meeting: 9:05 a.m. – 7:10 p.m.
Regular Evening Meeting: 7:25 p.m. – 9:16 p.m.
All Members of Council present.

CONFIDENTIAL / CLOSED SESSION: 4:08 p.m. – 7:09 p.m.

DEPUTATIONS: Dorene Trunk drew to Council’s attention the fact that applicants to the Committee of Adjustment are not required to supply a survey at the time when the Committee decides whether to grant a variance from the Township’s Official Plan. This omission needs to be remedied as decisions are made without committee members having an adequate grasp of the situation.
Anthony Lancia gave another in a series of deputations about the handling of the Township’s financial records, recurring to concerns that he felt had not been answered by the Township’s auditors or by the Township’s treasurer. In particular he addressed the matter of the $83,000 that he suspects was the package paid to Mike Emms, the former Water Department Supervisor, after he was dismissed by the last Council; in his view, this amount was improperly charged to the Township’s water system users.
Councillor Rob Panasiuk asked Lancia what he wanted Council to do, reminding him that the members of Council are not accountants, and that they therefore take advice on accounting matters, either from the treasurer or from the Township’s auditors. They HAD sought advice from both of these with regard to Lancia’s allegations.
Further, Panasiuk noted that he did not necessarily accept Lancia’s premise, that the fact that a payment may have occurred was evidence that a dismissal was wrongful. He was not privy to the previous Council’s reasons for terminating Emms, but dismissals are rarely “with cause.” There are many possible reasons for a dismissal and for costs associated with it to be appropriately charged to water users.
Lancia admitted that many of his concerns had been allayed in responses by the treasurer and the auditors, and that an open discussion of his remaining concerns would go a long way to satisfying him — even if such a discussion had to be conducted in hypothetical terms.
In her deputation, Patricia O’Driscoll raised questions about staff acting without Council authorization.

DRAFT ZONING BY-LAW: Nick McDonald of Meridian Planning Consultants, forwarded a memorandum recommending that “the lot line closest to the water’s edge and the one that is shown on registry office/assessment office mapping will be deemed the water’s edge for the purposes of the By-law. Anyone wishing to build on such a lot will have to identify where the water’s edge is located in addition to the location of the 178 metre contour interval.” This recommendation eliminates the controversial earlier recommendation of an EP2 zone along the shore, and eliminates the current By-law’s open space zone along the shore. For the complete memorandum, click HERE.

NUTRIENT MANAGEMENT ACT: Two representatives from R. J. Burnside made a presentation about the new Nutrient Management Act. From the audience it was impossible to tell whether they had been asked to bring Council up to speed on the new Act or whether they were drumming up business. The representatives were aware that the disposal of septage (untreated sewage from septic pump outs) is a primary concern to Tiny Township, but all they could report was that, to date, the act is unclear on the subject. The buzz is that the spreading of septage on fields is to cease but there is nothing in the regulations to implement this.

TOWNSHIP GRANTS: In the course of budget discussions, Council decided that it was inappropriate to use taxpayers’ money to give grants to charities and to schools. Letters are to be sent to current recipients of Township grants, explaining that applications for such grants will no longer be entertained.

PAY INCREASES: Council formally increased staff salaries by 3% — the amount set in the recently passed budget. Council’s basic annual pay increase has been tied to that of staff for the last 3 or 4 years.
Whether that is appropriate is still under discussion, so no decision was taken about Council’s pay increase.

ENCROACHMENTS: Council passed a new Encroachments By-law. The Manager of Public Words reported that encroachments are being dealt with systematically, from south to north, unless something draws attention to itself. In Concession 1, some 40 encroachments by private property owners onto Township-owned land require attention. These are being dealt with when staff has time — usually in the fall.
Memorandum to the Township of Tiny Council from Nick McDonald, May 27, 2004, re Zoning of Shoreline Areas

As Council is aware, we have been reviewing the issue for some time on how to zone shoreline areas immediately abutting the water’s edge of Georgian Bay. At the present time, By-law 30-77 places the majority of the land below the high water mark and the water’s edge as it existed when the By-law was prepared in the Open Space (OS) Zone.

One exception is at Rowntree Beach, where the Ontario Court of Justice (General Division) determined that the edge of the Block (Block A) in the front of Plan 750 extended to the water’s edge. In this case, Block A is zoned Open Space One (OS1). The decision of the Court in the Rowntree case essentially means that, wherever a lot shown on a registered Plan of Subdivision was shown as ending at the high water mark, it in fact extends to the water’s edge, wherever that may be.

As a result of the above, we have been working through a number of options with respect to how the lands between the lots shown on the assessment maps and the actual water’s edge should be zoned. Options include:

Placing all lands between the water’s edge and the extent of the private lots shown on the assessment mapping in the EP2 Zone.
Extending the existing zoning on each property to a line that represents the water’s edge.
Leaving the determination of zoning to a later date, when a surveyor would determine what lands are above and below the 178G.S.C. metre elevation. All lands below the 178 metre elevation would be zoned EP2 and all lands above would be the adjacent zone.

All of the above options have been discounted since they will make the By-law extremely difficult to implement and interpret and will cause some uncertainty with respect to the nature, use and ownership of lands along the shoreline.

On the basis of the above, a fourth option has been identified. Given that the location of the water’s edge is unknown, it is proposed that the lot line closest to the water’s edge and the one that is shown on registry office/assessment office mapping will be deemed the water’s edge for the purposes of the By-law. Anyone wishing to build on such a lot will have to identify where the water’s edge is located in addition to the location of the 178 metre contour level.

It is my opinion that the option presented above as the fourth option is the only reasonable option for the By-law. As new information on the location of the water’s edge becomes available, the mapping will be updated as required, without needing an Amendment to the By-law. It should be noted the main control on building in the shoreline area will continue to be the restrictions that emanate from the location of the 178 G.S.C. elevation.

Yours truly,

Nick McDonald

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Council Reports: May 26+31, 2004

REPORT ON COUNCIL
May 26, 2004
Special Committee of the Whole Meeting: 1:10 p.m. – 5:14 p.m.
All Members of Council present.

CONFIDENTIAL / CLOSED SESSION: None.

DISCUSSION OF BUDGET: Among other things Council heard a deputation from the Huronia Airport Commission about its proposed capital budget for 2004.

SEARCH FIRM SELECTION: Council reviewed the quotations submitted by three search firms.

 

REPORT ON COUNCIL
MAY 31, 2004
Committee of the Whole: 9:07 a.m. – 5:42 p.m.
Evening Meeting: 7:00 p.m. – 12:14 a.m.
All Members of Council present.

CONFIDENTIAL / CLOSED SESSION: 5:20 p.m. – 5:41 p.m.

BUDGET FOR 2004 PASSED: The overall increase in taxes to be collected in Tiny is 4.56%. The total to be raised through taxes is $16,503,643. This is divided three ways.
Municipal Levy — $5,821,454 — up 3.68%
County Levy — $5,009,379 — up 5.81%
Education Levy – $5,672,819 — up 4.39%
What does this mean for you? The average increase in assessment across the whole Township was 20.07%. So, if your assessment increase was less than 20%, your increase in taxes will be less than 4.56% ; if your assessment increase was greater than 20.07%, then your tax bill will increase by more than 4.56% .
Those interested in a more detailed account might like to consult the presentation the treasurer gave on the budget on http://www.tiny.ca. Click Departments & Services under “Government”. Then click Treasury Department. The Budget04.pdf file appears at the bottom of the page.

SEA-DOO RENTALS AT BALM BEACH: Much of the evening Council meeting was devoted to re-examining the matter of a zoning by-law amendment to permit sea-doo rentals by a commercial establishment at Balm Beach. The amendment was granted by Council on January 26, but the notice given (while meeting the formal requirements of the Planning Act) did not adequately identify either the applicant business establishment, or the nature of the application.
A large number of members of the public attended to express concerns over the potential implications of permitting sea-doo rentals at Balm Beach. Twelve of these spoke in favour of reducing the number of PWC rental units or of rescinding the by-law amendment completely, as did 17 others who wrote letters or e-mails. In addition, 54 attendees signed a sheet saying that they were opposed to PWC rental at Balm Beach.
Two individuals supported the rental of sea-doos, John Neal of Sunport who rents them out, and a neighbour.
Council voted 4 – 1 to rescind and revisit the zoning by-law amendment. In addition, Council recognized that, due to the nature of the operation, it would have been appropriate, thought not legally required, for notice to have been disseminated more broadly.

PROCEDURAL BY-LAW CHANGES: Council intends to make several minor changes to the Township’s Precedural By-law to bring it into conformity with the new Municipal Act. It also intends to make changes to the rules concerning oral submissions (deputations) to Council. The changes are incorporated into the Draft Procedural By-law which is posted on the Township’s website http://tiny.ca under Public Notices. For the new rules concerning deputations, see section 18 and Schedule A. (Note: there will be an opportunity for public input during the regular evening meeting of Council on June 28.)

LAND IDENTIFICATION PROJECT / PROFESSOR LAMBDEN: A special meeting had been planned for June 4, at which the former Township Surveyor, Professor David Lambden, and the Township Solicitor, Mr. Rusty Russell would attend to provide information to Council and the public on the status on the township’s land identification project.
A communication from Professor Lambden indicated that he was not available to meet with Council on June 4.
Staff is to prepare information about Professor Lambden’s reports for presentation at a future meeting of Committee of the Whole.

IDENTIFICATION OF LAND OWNERSHIP ON ZONING MAPS: The acting Clerk / CAO, Roger Robitaille, advised Council that the advice of the Township’s solicitors was that public versus private ownership of shoreline areas should be indicated, where possible, on zoning maps, to avoid potential review by the Ontario Municipal Board.

CLERK / CAO FIRM SELECTION: Zinner and Company has been selected to assist the Township in the search process for a new Clerk / CAO.

GARBAGE COLLECTION 2005: Council adopted the County of Simcoe’s County-wide standardized level of service, effective January 1, 2005. According to this, garbage is to be limited to three bags per residential household per week with tags, with an unlimited number of heavy items being collected once a year, working toward a voucher system. [It is still not clear whether extra tags can be purchased or whether 4 bags may to be put out one week and 2 the next? These questions have been forwarded to the County of Simcoe, and when answers are forthcoming, we will report on them.]

PARKING PERMITS FOR B&BS: Council decided to allow operators of Bed & Breakfast establishments, or other operators of tourist accommodations in the Township, to apply for up to two permits. These may be transferable permits in the name of the registered business for the use of guests, at a price of $30 per permit, or they may non-transferable permits, costing $5, assigned to particular license plate numbers.

DEPUTATIONS AT EVENING COUNCIL MEETING:
Former Deputy Mayor Patricia O’Driscoll commented on the Township’s draft encroachment by-law.
Wilma Gassler spoke about “One Voter’s View of the Township.”
Janet Evans (wife of former Clerk / CAO earl Evans) made another in a series of deputations expressing concern over Township administrative and personnel procedures, particularly in relation to her husband’s former employment by the Township.

RESPONSE TO MAY 10 DEPUTATION BY ANTHONY LANCIA: The Treasurer, John Theriault, reported to Council on his review of the latest in a series of deputations by former Mayor Anthony Lancia, alleging financial administrative irregularities. No irregularities were found, and Mr. Lancia is to be informed of this. The independent audit report of the 2003 finances of the municipality (which found them satisfactory) is to be made available to Mr. Lancia.

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Council Reports: May 10, 2004

REPORT ON COUNCIL
MAY 10, 2004
Committee of the Whole: 9:01 a.m. – ?:?? p.m.
Evening Meeting: 7:00 p.m. – ?:?? p.m.
All Members of Council present.

CONFIDENTIAL / CLOSED SESSION:

DAVID LAMBDEN’S REPORTS AND MAPS DISCOVERED: In the course of the discussion of former Mayor Patricia O’Driscoll’s deputation (which recommended that David Lambden be asked to prepare specifications for Township mapping), Mayor Klug and Deputy Mayor Paul Maurice spoke about their disappointment during the last Council’s term that more material had not been forthcoming from the noted boundary expert. It was then revealed that a thick stack of Lambden’s reports and maps had been discovered recently in the Township Office. Council agreed that Lambden should be invited to report to Council about what he had accomplished and what remains to be done, and that he be asked what needs to be done to make it possible to use his maps. (Lambden is to come to a Special Meeting of Committee of the Whole on June 4 at 1 p.m.)

OPP JUSTIFIES ITS 15% BUDGET INCREASE: Inspector Greg Skinner had been asked by Council to explain the startling 15% increase in the OPP budget for 2004. This year’s estimate is $1,481,074. The huge hike is the result of a wage settlement which is retroactive to 2001. Skinner pointed out that in the 6 years from 1998 to 2003, the OPP bills to the Township have increased by only 8.5%.

MAYOR REPLACED ON SITE 41 CMC: Council first discussed its representation on the Site 41 Community Monitoring Committee on April 26. After discussing the matter again, Council decided by a vote of 3-2 that its representatives on the CMC were to be Deputy Mayor Paul Maurice and Councillor Ray Millar (the latter replaces Mayor Klug). Various points were made:
Councillor Ray Millar was glad of the two weeks’ reflection time, but observed that he would not have supported the initial appointment of Mayor Klug had he known that the Mayor would oppose the moratorium on Site 41.
Councillor Peggy Breckenridge said that better communication, particularly from the Mayor, is needed if this Council is to function as a team.
Deputy Mayor Pierre Paul Maurice had reflected on what would be accomplished by removing the Mayor from the CMC. The Committee has no real power, though it can influence events by speaking out; he felt that the Mayor might be persuaded to the majority point of view if he continued to be present at CMC meetings.
Mayor Robert Klug felt that the other members of Council had been influenced by public pressure. He pointed out that he had supported the peer review, and also the review of responses to the peer review. He wondered whether he could vote his conscience at the County or whether he must vote the majority view.
Councillor Rob Panasiuk observed that Council cannot control decisions about Site 41, but it can control its appointments to the CMC, and it should do what it can. He noted that the Mayor had urged the other members of Council to consider more and better information when he insisted that representatives from County come to provide Council with information about Site 41. Yet the Mayor was himself not willing to vote for a moratorium on the dumpsite that would allow consideration of more and better information about groundwater protection.

BEACH WATER QUALITY STUDY: Keith Sherman of the Severn Sound Environmental Association made a presentation about the investigative study his group had conducted last summer at three public beaches in Tiny Township – Woodland, Jackson, and Balm. The report is posted on the Township website – http://www.tiny.ca. Under Community Information, click What’s New, then Beach Water Quality Report. Those who recall events in the summer of 2001 when signs were posted in stream outflows at three beaches will be interested in the careful research done on streams and in comments like – “Individual bathers were often observed wading or sitting in the water at the mouth of the streams at Balm Beach and Jackson Park Beach. These bathers could be at higher risk of being exposed to water flowing into the beach with elevated indicator bacteria.” For a summary of this study and its recommendations, see the front page of The Tiny Cottager newspaper.

LAFONTAINE GROUP HOME: The application for a group home/treatment centre in Lafontaine for young men aged 13 to 17 has been withdrawn.

DRAFT ENCROACHMENT BY-LAW: Apparently many landowners in the Township have encroached on adjacent Township property. The encroachments listed in a proposed by-law are “buildings, fences, concrete pillars, posts, poles, curbs, tree plantings, gardens, retaining works, drainage works, satellite dishes, supporting structures, towers, antennas and guy wires” but the by-law is not limited to those items. It sets out rules for notice to the property owner that an encroachment exists and for removal of the structure in question. It opens the possibility of an “encroachment agreement” under “special and extenuating circumstances” but only for road encroachments. There is a penalty clause. There is to be an opportunity for public input about the draft by-law at the May 31 meeting of Council. The draft by-law is available on the township website – http://www.tiny.ca. Look under Community Info, click Public Notices, then click Draft Encroachment By-law.

RENTAL OF PERSONAL WATERCRAFT AT BALM BEACH: Two earlier Reports on Council supply background on this subject – those for January 26 when a by-law was passed permitting the rental of 8 Personal Watercraft at Balm Beach and for March 29 when two deputations, one by a waterfront owner south of Balm Beach and the other by the Federation, asked that the subject be reopened. Those most affected – residents directly on the shore – had not had a chance to speak in January because the wording in the agenda did not give the street address of the property and did not explain the issue at stake. Written notice went only to nearby neighbours and not to those who would be most affected, landowners along the shore. Council has learned that it cannot undo the basic effect (authorizing personal watercraft rental) of the January By-law Amendment. However, on May 31, there is to be a new Public Planning Meeting to consider a further amendment to the By-law with a view to restricting the number of personal watercraft available for rental. There is an opportunity for public input at this meeting.

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