Report on Council: January 9, 2012

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

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

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

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

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

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

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

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

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

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

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

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

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

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