REPORT ON COUNCIL

July 2, 2002

Committee of the Whole 10:10 am ’Äì 12:56 pm

All Members of Council present

 

CONFIDENTIAL/CLOSED SESSION: 10:13 am ’Äì 12:54 pm

 

 

BALANCE OF REPORT ON COUNCIL

July 8, 2002

Committee of the Whole  9:15 am ’Äì 5:20 pm

Evening Council Meeting  7:00 pm - 9:26 pm

All Members of Council present.

 

CONFIDENTIAL/CLOSED SESSION: 3:33 pm ’Äì 5:10 pm

 

STAFF APPOINTMENT: Vera Finlay (receptionist in the Public Works Department) is now the Township's Administrative Assistant.

 

DEPUTATIONS RE PROPOSED SIGN BY-LAW: In the evening, there were eleven deputations about the proposed sign by-law.  Harry Monkman spoke first, as was right and proper since it was his deputation about the mushrooming number of advertising signs on trees in the Woodland Beach area that prompted the drafting of a by-law.  Various points were made: that the bylaw makes no reference to the posting of signs on trees and utility poles though that was the initiating concern, that signs on private property should be exempt, that the allowable period for election signs be as carefully controlled before elections as after, that signs along roads be limited to road signs, that the County's rules be accepted on County Roads, and that the by-law be focussed specifically on advertising.  These points are to considered when the draft bylaw is revised.

 

CAWAJA BEACH DEADLOCKED WITH TOWNSHIP: Last year Cawaja asked for a meeting with Council concerning the split ownership of their beach (1/3 Township, 2/3 Cawaja Property Owners' Association). Three dates were proposed.  Council never responded.  A meeting finally occurred this year and another meeting is anticipated. 

In the period leading up to the meeting this year, Council rejected the petition from Cawaja backlot owners that a lot in the Township's possession be retained for use as a park, rather than sold to raise money for bridge replacement on the Tiny Trails. 

Also, Council has taken legal advice about "tenancy in common" (the kind of ownership it shares with Cawaja in the beach) and says that this requires the approval of all owners before any moves are made.  The Cawaja Association will be informed again that it must take no further actions regarding this beach area, including the posting of any signs, marker posts, or fences, without Township approval."  For the motion, click here.  [Since this meeting, Council has unilaterally removed the Association's "Cawaja Beach: No Public Access" signs.]

Council says that it has "safety concerns" about the "Caution ’Äì Watch for Children" signs that are affixed to several of the Township's No Parking signs at points where backlot cottagers cross Tiny Beaches Road North en route to the beach.  They are under the impression that these signs were put in place this spring, and they have asked the Association to remove the signs as they are "non-municipal" signs and do not conform to the standards set out in the Ontario Traffic Act.  [Council seems to be unaware that these signs were put in place several years ago with the agreement of the previous Council.]   

 

MEDIATION ’Äì TO CONTINUE OR NOT?:  At the previous public meeting of Council, George Lawrence of Tiny Residents Working Together urged Council to stay the course with mediation.  In another deputation at the same meeting, Kathy Speers of Save The Beaches felt that Mediation had gone nowhere, that it should be brought to a close, and that the Attorney General should be urged to bring a lawsuit against shoreline owners.  Also Deputy Mayor Gordon Salisbury had stated recently on New VR Television that the time for Mediation is over and that the Attorney General should be asked to take some action. 

The other four members of Council had met with the Mediator while Salisbury was away.  They felt that the agreement that had been reached then ’Äì that the Mediation should continue until the end of September ’Äì should be honoured.  They observed that the three mediations that were under way should be completed and that the Mediator himself should decide when the process had been completed.

 

PROPOSED RESOLUTION RE POSTS AT NOTTAWAGA:  Nottawaga has installed a series of posts, on its own property, at each end of its beach, to prevent ATV's from damaging its dunes.  On June 14, 2002 the Nottawaga Association had sent Earl Evans, CAO/Clerk a letter by telecopier and mail, informing the Township of the decision to install the posts and the reasons for doing so. 

At this July 8 meeting, Council discussed a motion drafted by Deputy Mayor Gordon Salisbury saying that the posts "were constructed by the Nottawaga Beach Association without prior consultation with the Township of Tiny" and that the right of the Association to construct such posts should be investigated.  It was decided not to go ahead with the proposed resolution.                                                                                                                   

 

PROPOSED RESOLUTION RE PARKING STRATEGY AT 11TH, 12TH, AND 13TH CONCESSIONS:  Council considered whether it ought to pass a resolution (drafted by Deputy Mayor Gordon Salisbury) directed at three beach associations.  (For the resolution, click here.)  Councillor Frank Hughes asked why the resolution included a reference to three fundamental principles and mediation when it concerned parking.  He felt that the Parking Strategy should be put in place as agreed and that there should be no tinkering with it. 

Reacting to assertions that his association had criticized the Parking Strategy in his area, Doug Moles, President of the Nottawaga Beach Association, asked for, and was given, the opportunity to respond. He pointed out that his association had commented, only when invited to do so, and only while the Parking Strategy was being formulated.  Once the Strategy had been settled, he said that his association accepted it as a fait accompli for this season, reserving comment until the fall when its effectiveness is to be assessed. Patricia O'Driscoll, member of the Rowntree Beach Association, said that that was essentially Rowntree's position as well.  Council, aware that it was shortly to meet with Cawaja, decided to withdraw the motion.   

 

SEPTIC RE-INSPECTION PROGRAM: According to Darren Vella, Planner, the re-inspection program has begun in the area between Balm Beach Road and Concession Road 9. 277 properties were notified.  90 have been inspected so far.  Of those, 20% require remedial work or new systems.  Generally the response has been positive.  The target of 500 will not be achieved this year, but that was anticipated as much had to be learned about the process.

Many things are still unclear about the [H] zoning on shore area properties which have not converted from seasonal to permanent.  Apparently mapping needs to be completed before it will be known which properties will have an [H] applied to them, though why this should be so was not clear.  If we understood Mr. Vella correctly, the Township does not have a list of those properties that have converted from seasonal to permanent.

 

 

 

Motion re Cawaja's beach, Cawaja Property Owners Association and "Tenants in Common"                         472/02

 

WHEREAS upon legal advice received from Russell, Christie, Miller, Koughran, Winnitoy, the Township of Tiny is in the position of "Tenants in Common" with the Cawaja Property Owners Association, and that therefore each party has an undivided interest in the whole; and

 

WHEREAS in such circumstances, administration and operation of the property requires the approval of all the owners.

 

THEREFORE BE IT RESOLVED THAT the Cawaja Property Owners Association again be informed they must take no further actions regarding Cawaja Beach except as "Tenants in Common" with the Township of Tiny, including the posting of any and all types of signs, marker posts, or fences of any description.

 

Carried 5-0

 

 

 

Proposed Motion re Parking Strategy at 13th, 12th and 11th:

 

WHEREAS the recently adopted 2002 Parking Strategy at Concessions 13, 12 and 11 east of Tiny beaches Road North, included sections of these concession roads to be converted from unsigned open parking to a combination of "Permit Parking" and "No Parking"; and

 

WHEREAS Nottawaga Beach Association, Cawaja Property Owners Association and Rowntree Beach Association have objected to additional "permit Parking"; and

 

WHEREAS after two years of the mediation process, these associations have yet to concur with three fundamental principles which Council has clearly stated:

-       The concept of the historical use by all Township of Tiny residents of our beaches;

-       A parking strategy based on a "Tiny Residents First" philosophy; and

-       The concept of the proposed "Community Beach Statement".

 

THEREFORE BE IT RESOLVED THAT the proposed Parking Strategy for the areas involved be held in abeyance until agreement is reached on the principles outlined above.