For the actual wording of the motions indicated, click the "Motion #" at the end of each listing.


REPORT ON COUNCIL
January 29, 2001

Committee of the Whole met from 1 pm until almost 7:30 pm when the meeting of Council began. All decisions were unanimous.

1. MEDIATOR FOR BEACH ACCESS: The Attorney General, James Flaherty, has extended the mediator's mandate. [Click here for the AG's letter on the subject.]

2. SEVERN SOUND REMEDIAL ACTION PLAN: Keith Sherman requested funding for a detailed survey and GIS mapping of farms in Tiny, recording information field by field about crop rotation, about livestock numbers and watering practises, about septic tanks and tile beds. The objective would be to encourage remediation projects, farm by farm.

3. ROAD MANAGEMENT PLAN: An initiative of the previous Council and prepared by R. J. Burnside and Associates, this includes an inventory of Tiny's bridges, roads, maintenance equipment. It lists deficiencies, and presents a ten year plan for maintaining the road system, setting priorities for resurfacing and the like. This will be a valuable tool each year as Council sets the budget for the year.

4. OFFICIAL PLAN APPROVAL DELAYED AGAIN: The County of Simcoe has completed its review of the new Official Plan. Nick McDonald of The Planning Partnership has prepared a report about the County's recommendations (all of them, in his view, minor) and has suggested changes in response. McDonald's report was to have been considered at this meeting of Committee of the Whole. Instead it was put off to some undefined point in the future.

5. TINY TRAILS SUPERBUILD APPLICATION: It was decided to apply for $1,095,752 from the SuperBuild Sports, Culture and Tourism Partnerships Initiative to repair or replace 10 defective bridges on the Tiny Trails. This project was selected as the Township's highest sport, culture and tourism infrastructure priority and also because it was ineligible for a grant from the Ontario Trillium Foundation.

6. AINLEY GROUP: In spite of the January 8 deputations by Judith Grant and Patricia O'Driscoll objecting to the appointment of the Ainley Group [Click here for the deputations], Council will employ Ainley to do a peer review of The Planning Partnership's report. (This report advised rejection of the Pebble Ridge development proposal on environmental grounds and was the basis for the previous Council's rejection of the proposal.) The peer review is a strategy to allow this Council to reconsider supporting the development proposal. Deputy Mayor Gordon Salisbury made it clear that this Council is not concerned that the Discipline Committee of the Association of Professional Engineers of Ontario found Ainley guilty of Professional Misconduct--ie "conduct or an act relevant to the practice of professional engineering that, having regard to all the circumstances, would reasonably be regarded by the engineering profession as unprofessional." He said that the offending persons are no longer with the company and things that went wrong have been corrected. (In a deputation to Council, George Lawrence of Tiny Residents Working Together attacked both Grant and O'Driscoll and said that Ainley's misconduct was minor.)

7. NEW REGULATIONS FOR BONFIRES: Annual permits now cost $10 and rules governing bonfires and trash fires have been re-thought and carefully spelled out. [By-Law 01-017]

8. CITIZENS APPOINTED TO TOWNSHIP COMMITTEES:
(all meetings public, at the Township Offices on Balm Beach Road, monthly at 7:30 pm unless otherwise noted)
Adjustment -- Judy Hibbs, Harry Hunt, Bob Huntley, Pat Jordan, Jackson Playne (meeting time t.b.a.)
Historical and Heritage -- T. Philip Adams, Murial Barker, Marion Busch, Helene DeVillers, Diane Sickinger, Scott Williams (meeting time - 3rd Thursday)
Parking Advisory -- Andrew Chomentowski and Vernon Owen (shoreline), Jane Lippert and Bob Miskimins (backlot), Bill Williams and Donna Ebers (inland) (meeting time t.b.a.)
Small Watercraft -- Ted Antkow, Andrew Chomentowski, Donald F. D'Aoust, Paul Henderson, Michael Uram (meeting time t.b.a.)
Tiny Trails -- Gloria Evanytsky, Lynn Mehaffey, John Raynor, Peter Sickinger, Doug St. Amant
(meeting time - 4th Thursday)

--------------
Letter from James M. Flaherty to Mayor Klug re: Mediator's mandate extension.

Dear Mayor Klug:

Thank you for your letter dated December 15, 2000, requesting an extension of Mr. Paul Torrie's mandate.

Since the parties appear to be making progress in the mediation process regarding beach access, it would be appropriate to extend Mr. Torrie's mandate to continue efforts towards a mutually saitsfactory solution."


Sincerely,

James M. Flaherty
Attorney General and
Minister Responsible for Native Affairs

----------

[By-Law Number 01-017]

Being a By-law to prescribe times during which fires may be set in the open air in the township of Tiny and the precautions to be observed by persons setting out fires and to repeal By-law #97-10 and 00-087

WHEREAS Section 210 (35) of the Municipal Act, R.S.O. 1990, c M.45, as amended provides that the Council of a local municipality may pass by-laws prescribing the times open air fires may be set and the precautions to be observed by the persons setting the fires;

NOW THEREFORE the Council for The Corporation of the Township of Tiny hereby ENACTS AS FOLLOWS:
1. Definitions
In this by-law:
1.1 "Extinguish" means to put out or quench completely, no smoke, hot or glowing embers are to remain.
1.2 "Fire Chief" means the Chief of the Fire Department of The Corporation of the Township of Tiny, or his designate.
1.3 "Open Air" means any open place, yard, field or construction area which is not enclosed by a building or structure.
1.4 "Controllable Fire" means a fire that may be extinguished using on site resources and shall not exceed 6 feet in diameter.
1.5 "Clear Cut" means the cutting of all or majority of trees on a residential lot for the purpose of building construction.

2. General

2.1 No person shall set or maintain a fire in open air unless he/she has a permit issued by the Township of Tiny under this by-law or falls within the exemptions set out in Section 3.
2.1.1 A permit obtained under this by-law allows the burning of brush, leaves, bonfires and unpainted wood only in accordance with the other provisions of this by-law.
2.1.2 Every person who applies for, receives, and signs a fire permit acknowledges an understanding of the rules specified in 2.2 of this by-law and establishes responsibility and liability.
2.1.3 A permit obtained under this by-law is valid for the calendar year in which it is issued.

2.2 Where a permit has been obtained under this by-law or where the exemptions set out in Section 3 apply, no person shall set or maintain a fire in open air:
2.2.1 Where there is more than one controllable fire per residence.
2.2.2 Where land has been clear cut for construction purpose in a residential location
2.2.3 Where that fire contains rubber tires, plastic products, shingles, painted wood or other building materials that are known to create extensive smoke;
2.2.4 At a distance of less than seven (7) metres from any building, structure, hedge, fence, vehicular roadway or overhead wire or obstruction of any kind or nature whatsoever;
2.2.5 If the wind velocity is reported to be greater than twenty-four (24) kilometres per hour;
2.2.6 Without ensuring a person competent to supervise such fire and to extinguish it promptly in the event of danger of the spread of such fire is in constant immediate attendance at the specific place where the fire is burning;
2.2.7 Without ensuring such fire is completely extinguished before leaving the specific place where the fire was burning;
2.2.8 Unless there is a space free and clear of combustible material around the perimeter of such fire of at least seven (7) metres;
2.2.9 Unless he/she complies with all the relevant provisions of the Environmental Protection Act. R.S.O. 1990, c. E. 19, as amended;
2.2.10 Between the hours of 12:00 a.m. and 8:00 a.m.;
2.2.11 When a fire ban is in effect.

3. Exemption
A permit is not required provided the fire is confined in a forty-five (45) gallon metal drum or in an incinerator which is approved by the Fire Chief but is still subject to the restrictions set out in Section 2.2.

4. Fees:
The cost for obtaining a fire permit shall be as set out in the Township's User Fee by-law, as amended. [i.e. $10.]

5. Penalty
Any person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, as amended.

6. This By-law comes into effect on the date of the order signed by the Regional Senior Justice approving the set fines and By-law #97-10 and 00-087 are hereby repealed at that time.