August 11, 2021
Committee of the Whole Meeting: August 11, 2021: 9:00 a.m. – 3:05 p.m.
Regular Meeting of Council: August 11, 2021: 6:00 p.m. – 6:52 p.m.
Deputy Mayor Steffen Walma absent for Committee of the Whole. Otherwise, all members of Council present.
ANNOUNCEMENTS:
- Mayor’s Charity Golf Tournament – Friday, September 10, 2021, Orr Lake Golf Club
- Terry Fox Run – Sunday, September 19, 2021
- Township COVID-19 webpage — www.tiny.ca/coronavirus
- Tiny Connect – www.tinyconnect.ca
INTERNATIONAL JOINT COMMISSION (IJC) PRESENTATION RE UPPER GREAT LAKES WATER LEVELS: Pierre Béland, the Canadian Section Chair of the IJC, addressed Council about the IJC’s role, the hydrology of the Upper Great Lakes, the limits of regulation, current & forecasted conditions, and shoreline resiliency. For his presentation see the Committee of the Whole agenda for August 11.
HYBRID COUNCIL MEETINGS: Enhancements have been made to the streaming capabilities of Council meetings to allow for hybrid meetings. Accordingly, those attending in the Council Chambers and those attending virtually will be seen and heard simultaneously on the Township’s live streaming through YouTube. Once hybrid meetings have been implemented late September/early October, no member of Council or staff will participate virtually in the Council Chambers due to feedback issues. Council agreed to support the necessary amendments to the Council Procedure By-law to allow hybrid meetings on September 1, 2021.
BEE CITY DESIGNATION FOR TINY TOWNSHIP: Given that “bees and other pollinators around the globe have experienced dramatic declines due to land fragmentation, habitat loss, use of pesticides, industrialized agriculture, climate change and the spread of pests and diseases with serious implications for the future health of flora and fauna” and that “by becoming a Bee City, the Township of Tiny can highlight initiatives already in place and further engage local communities in an environment of creativity and innovation which will promote a healthier life for our community” Council authorized staff to submit the Bee City Canada Application to designate the Township of Tiny as a Bee City.
FINANCIAL COVID IMPACT ANALYSIS JANUARY 1 TO JUNE 30, 2021: The total COVID impact on operations for this period is estimated at $280.8k “which includes Staff and Council time spent on COVID related activities, the interest relief provided to property owners for the current year taxes due on both the interim and final billing and direct expenses related to purchase of PPE, cleaning and other COVID related expenditures.”
NEW TINY ZONING BY-LAW: The first draft of the new By-law is to be released early in September. There is to be an Open House toward the end of September. Technical Memorandum #2 and the first Draft of the Zoning By-law will be posted on the Project Webpage. Questions and comments can be sent to: newzoningbylaw@tiny.ca. Details regarding upcoming events including the scheduling of the Open House can be found at www.tiny.ca/NewTinyZomingBylaw. You can ask to be notified about upcoming events to do with the New Tiny Zoning By-law.
MUNICIPAL LAND DELINEATION: Deardon and Stanton Limited have been hired for $78,000 + HST to delineate with posts:
Lafontaine Beach Park north boundary
Wahnekewening Beach all boundaries
Balm Beach north boundary
Bluewater Beach north and south boundaries
Concession 9/Ossossane Beach all boundaries from Lundy Lane to Con. 9
Woodland Beach south boundary
Jacksons Park north boundary
Edmore Beach all boundaries
Archer Road Allowance all boundaries
42 Lackie Crescent all boundaries
10 Nassau Court all boundaries
1880 Tiny Beaches Road North waterfront boundaries
SHORT TERM RENTAL ACCOMMODATION: Dan O’Rourke, George Karaolis, Joanne Rooke, and Stephen Saltsman were appointed to the Task Force.
Asked for a legal opinion regarding STRs, Sarah Hahn of Barriston Law said that “in residential areas, residential uses are permitted and STR uses are of a residential nature. Whether a use is commercial or residential is fact-dependent and must be examined against the Township’s by-law. Jurisprudence has shown that where a property is being used in a matter or intensity that is akin to a hotel or banquet hall, this would be considered a commercial use.” Furthermore, she said: “Owners who have continuously used their houses for STR uses before it became restricted (assuming it does) would be considered legally non-complying and could continue operating subject to the owner proving their historical use. A grandfathered owner would still be required to obtain a licence if a licencing regime was implemented. Those who were not acting legally under the by-law would not be able to continue their use.”
Asked for a planning opinion about the approach taken in the Township’s current Zoning By-law, Jamie Robinson of MHBC Planning presented a table of Permitted Uses in Residential Zones and a second table of relevant definitions. He observed: “I agree with the position taken historically by the Township, that the rental of a dwelling unit is a residential use of land and is permitted. However, there is a tipping point, where a dwelling unit is used exclusively for short rental periods, it would appear to fall within the definition of a tourist establishment in the context of the Township Zoning By-law.” He also observed that impacts of a tourist establishment in a residential area may include compatibility concerns like noise, parking, garbage, and intensity of use. To address these, he recommended that the Township evaluate options associated with licensing, zoning, and other legislative tools provided under the Municipal Act, then update the Township’s Official Plan policies.
CITIZEN APPOINTMENTS TO COUNCIL COMMITTEES: Emma Piitz was appointed to the Youth Advisory Committee and Chris Tulley to the Committee of Adjustment.