For the actual wording of the motions indicated, click the "Motion #" at the end of each listing.
REPORT ON COUNCIL
May 28, 2001
Committee of the Whole began, unobserved, at 10:00 am as the township website gave the time as 1:00 pm. Council began at 7:00 pm Present: Mayor Bob Klug, Deputy Mayor Gordon Salisbury, Councillors Bob Buchkowsky and Pierre-Paul Maurice
DEPUTATION RE BALM BEACH:
Mr. Roger Neal, representing several Balm Beach businesses including his motel, stated that Balm Beach has too much beach and not enough sand. Natural springs coming up through the sand produce an organic smell and promote the growth of a green slime. He suggested that a Balm Beach maintenance committee be established and asked Council to provide some equipment to help move sand onto the beach in preparation for the summer season. A permit from the Ministry of Natural Resources is needed before work can commence. He expressed some concern as to ownership. Deputy Mayor Salisbury assured him that the Township owns the beach. Mayor Klug stated that he has been meeting every weekend on beach issues and that time has passed quickly and obviously more time must be spent on Balm Beach problems, small watercraft issues, and the Jackson Park situation.
PARKS AND REC LEASES:
The Clerk has completed his review of the five-year lease agreement which the Parks & Rec Committee had amended and returned to Council (see Council Update for April 30). He asked for some guidelines on additions which he felt should be in this lease, including a much clearer definition of expenses for which the Township will be held accountable during the period of the lease. Councillor Salisbury stated that the right of the Township to audit the books of the various Parks & Rec Committees should not be in the lease but in a separate Agreement.
SITE 41: IS COUNTY'S DUMP SITE VIABLE?
Apparently this dump site on Concession 2 sits on a major aquifer. When excavation begins, water will push into the site. It has been proposed that a liner and pumping system be installed to prevent this. However, there is no guarantee that the amount of inflow water can be handled by the proposed pumping system nor that the liner will not rupture. The consequences could be catastrophic for the aquifer and those who depend on it. The Deputy Mayor stated that the municipality does not have the money or the political clout to fight this proposal. There is to be a meeting on June 5 or June 7 at 9:00 am with County engineers to discuss the technical aspects of this proposal.
OLD COUNTY ROAD #61 UPGRADE:
A by-law was passed authorizing Don Sherk Construction Limited to commence work on Old County Road #61.
JACKSON PARK BOAT RAMP:
The Mayor stated that the boat ramp at Jackson Park must be extended an additional 20' to allow the police to launch their boat into the water for patrolling between Woodland and Balm Beaches. This was declared an emergency and a motion passed to ask the Ministry of Natural Resources to give prompt approval for repairs. Ordinarily MNR would not allow work to commence until mid-July as there are fish spawning grounds in the area.
SHORELINE PARKING ADVISORY COMMITTEE:
This Committee will have an evening meeting (open to the public) on June 6 at 7 pm in the Council Chambers at 130 Balm Beach Road West to reach decisions about the parking to be assigned to each Concession end and to small shoreline park along the western shore. These will be presented at Committee of the Whole on June 11.
At the most recent Committee meeting on May 20, the chair of the Committee, Councillor Bob Buchkowsky, presented a printed page of "Decision Making Guidelines" for the Committee to consider (and which it subsequently adopted), and a second printed page about the Parking Strategy as it now stands. This second page noted that, in opting for a medium density standard, the existing Parking Strategy, assumed "that those who parked would be restricted to utilization of the municipally owned beach area."
The second page also states that Council supports "traditional use of Tiny's beaches"and that "This represents a significant change to the rationale behind the utilization of a medium density standard. In effect, those who walk to the beach and those who park and then access the beach are NOT confined to the beach at the road allowance ends. The traditional use patterns over generations are recognized in many areas this is access and use of the full extent of the beaches."
The first guideline for the Parking Advisory Committee, one concerning "Criteria For Parking Capability," states
--Medium Density guideline subject to change due to recognition of traditional use --Planning should continue to be limited to extent of useable municipally owned beach area
The first bullet here, which relates to "traditional use" of land that is not owned by the township is improper. Only a court of competent jurisdiction, on the application of the Attorney General, has the jurisdiction to declare that public user rights have been acquired over private property. In supporting "traditional use of Tiny's beaches" members of Council are engaging in discussion about "ownership" and "access to" private property - matters over which Council has no jurisdiction.