October 27, 2003
Committee of the Whole: 9 a.m. – ??? p.m.
Evening meeting: 7:00 p.m. – 8:40 p.m.
Four Members of Council present

CONFIDENTIAL / CLOSED SESSION: ??? p.m. – ??? p.m.

STAFF APPOINTMENTS: Yale Lyttle was appointed Building Official and Municipal Law Enforcement Officer. Two maternity leave replacements were appointed – Anne-Marie Styler as secretary, Fire Department, and Kristy Stanley as receptionist, Public Works.

CORRIE HAMELIN MEMORIAL COMMUNITY VOLUNTEER AWARD: In the evening, the first Corrie Hamelin Memorial Community Volunteer Award was presented.
After Corrie Hamelin – Kettle’s Beach resident and longtime volunteer in the community -- died in May this year, it was decided to recognize the contribution of one resident of the Township of Tiny who volunteers time and energy to more than one community association, organization or cause, in a selfless manner, because of strong beliefs in giving back to the community of Tiny and benefiting the people of Tiny.
The committee to select the recipient was comprised of Councillor Bob Buchkowsky, Muriel Barker, Grace Marcellus, Doris Shirriff, CAO Earl Evans, and (as an alternate) Roger Robitaille.
This year’s winner (from a field of six nominations) was Karen Moreau of Wyevale. She had been active in the Wyevale Parks and Recreation Association for many years, serving at various times as President, Vice President, Secretary, and helping with baseball. She volunteered in many capacities at the local school; was equally active in her church, with 4-H groups, and with the Bayshore Seniors.

PRESENTATION OF 25-YEAR SERVICE CERTIFICATES: In the evening, Jim Sawkins, Fire Chief, presented Certificates to Stephen Hall and Greg Webb, both of whom had served as fire fighters in Tiny Township since 1978, and both of whom came from families who had a tradition of such service.

THUNDER BEACH DRAINAGE STUDY: This was undertaken because residents who experienced flood damage during storms in the late 90s have sued the Township for compensation.
The study presents several options. Of the 25 residents who attended a public meeting on August 23, 32% wanted to do nothing (cost = nothing, but lawsuits would continue), 26% would like storm sewers installed to existing outlets into the Bay (cost = $900,000) and 42% wanted a new outlet to the Bay for the storm water (cost = $1,000,000). No one supported the option that would simply increase the hydraulic capacity of the existing system (cost = $700,000). How to pay for any of the options is a problem. Easements over private property are required if action is to be taken: approaches are being made to landowners.
If landowners refuse to grant easements, the Township may be forced to do nothing or to increase the capacity of the existing system.
Only Mayor Klug raised the issue of the impact of the various options on the quality of water in the Bay.
Deputy Mayor Salisbury suggested that the cost should be borne by the area affected. He further suggested that, if easements are not granted, legal advice should be sought about offloading the resultant liability onto objectors.
Decisions about this matter will have to be made by the new Council.

OFF ROAD MOTORIZED VEHICLES COMMITTEE: Council decided that By-Law staff and the OPP should enforce existing regulations. They opposed the idea of providing trails and links to trails in other municipalities. New provincial legislation with regard to Off Road Motorized vehicles is in preparation and it will be up to the incoming Council to consider its implications.

ZONING BY-LAW: Councillor Bob Buchkowsky presented several statements concerning the draft Zoning By-Law. One takes issue with claims made by Mayoralty Candidate Patricia O’Driscoll to have brought about the “shelving” of the proposed Zoning By-Law single-handedly.
A second quotes the Township’s Official Plan and Provincial directives about the Flood Hazard Limit. It suggests ways to resolve the problems caused by excessively stringent regulations. It is curious that Mr. Buchkowsky waited until now (more than a year after Council became aware of problems posed by the provincial Flood Hazard Limit policies) to draw together his thoughts on this matter. For this document, click HERE.
A third presents information about zoning by-laws in general and advances some opinions about shore area zoning.

SEMI-ANNUAL REPORT RE FIRE DEPARTMENT: The number of Fire Department responses increased from 80 to 113 over January to June last year. The increase was attributed to additional medical responses.
The new Wyevale Station is expected to be completed by the second week of December.

WATER WORKS: Henk Blom, Manager of Public Works, reported that Walker Panel, the company that has been installing the SCADA equipment in the Township’s pump houses, has now completed the job, but not within the agreed upon time. As the delays were caused by others, Blom recommended (and Council agreed) that the penalty clause not be invoked. He noted that, as no engineer oversaw the installation, there would be no engineering stamp of approval at the end. This omission is serious. Why did he not point out to Council that an engineering check needed to be made throughout this project? Was the omission a consequence of the departure of the previous Manager of Public Works, Herbert Proudley, who was also the Township Engineer?
Mr. Blom did say: "The Township has had the work reviewed by R.J. Burnside Associates and found it to be generally acceptable."

TOWNSHIP OFFICE HOLIDAYS: The Township Office will be open on November 11, but closed from noon December 24 until it reopens at 9 a.m. January 5.

Councillor Bob Buchkowsky’s Statement about the New Zoning By-Law and the Flood Hazard Limit

One of the most difficult tasks that has faced the current Council is the completion of the new Zoning By-Law. In particular, the establishment of a flood hazard limit as required by Section B2.3.5 of the new Official Plan has presented a significant challenge.

Provincial Policy Statement
‘ The Province of Ontario has recognized the seriousness of flooding and erosion impacts on communities and actively tried to minimize the threats to public health and safety….Reducing impacts of natural hazards to prevent risk to loss of life and minimize property damage is a key goal…’
Source: Understanding Natural Hazards (MNR)- Pg. 10

The Provincial Policy Statement requires that development adjacent to shorelines ‘…is based on the 100 year flood level plus an allowance for wave uprush and other related water hazards.’

The minimum design flood criteria standard in Ontario is a 178 metre geodetic elevation. This is the peak or flood flow with one chance in one hundred of occurring in any given year. Ontario uses the 100 year design flood or regional storm events, such as Hurricane Hazel (whose level exceeded the 100-year design flood).

According to the Natural Hazards Training Manual prepared by the Ministry of Natural resources the wave uprush setback from the flood hazard limit shall be 15 metres. The additional setback required if the area is the site of a dynamic beach is 30 metres. This would result in a total setback from the 100 year flood level of 45 metres.

Municipal Liability
‘ The province, as well as local governments, are often asked to compensate residents and communities, through disaster relief payments for losses incurred as a result of natural disasters, such as floods, erosion, and slope failures. The province, through the Provincial Policy statement has delegated responsibility for public health and safety from natural hazards to local planning bodies. These agencies are responsible for the identification of hazard lands and adoption, of land use planning mechanisms to prevent risks from inappropriate or unsafe development in these lands’
Source: Understanding Natural Hazards (MNR)-Summary Statement P.40

It is the responsibility of the municipality to establish the flood hazard limit for properties in its jurisdiction. If the municipality does not follow the prescribed ‘guidelines’ of the Provincial Policy Statement then it is very likely that it will be the only level of government that will be saddled with flood damage claims if flooding does occur. This could result in liability in the 10’s of million of dollars.

Potential Impact
It is highly likely that the building envelope for many properties on the Tiny shoreline would be significantly reduced if the flood hazard limits are implemented in accordance with the parameters defined in the Provincial Policy Statement.

The Difficult Challenge
Council is presented with the difficult challenge of protecting individuals and dwellings from flood damage, minimizing liability exposure, recognizing the prescribed ‘guidelines’ of the provincial Policy Statement and preserving a reasonable building envelope for property owners to construct buildings on their properties. The establishment of an appropriate flood hazard limit must encompass a balance of all of these diverse objectives.

Additional Analysis
There has been a considerable effort to-date to identify viable options that will meet all of the objectives. However, more analysis and information is required in order to develop a practical solution.

It is suggested that survey benchmarks be established at various representative points across the shoreline in a cost effective manner to delineate the following:

- geodetic elevation of 177.5 metres

- geodetic elevation of 178.0 metres

- a distance of 15 metres from each of these elevations

- a distance of 45 metres from each of these elevations

The various benchmarks should be compared to the actual location of habitable dwellings in the specific area. If there has been any historical evidence of flood damage this should also be taken in to consideration.

This would then provide the pertinent information for affected shoreline property owners to better understand the potential impact on their building envelope arising from the various options. As such, this would facilitate informed public input on the subject. In addition, it would provide Council with the necessary data and public input to assess the different options and make an appropriate decision that addresses all the diverse objectives.

The number and locations of the benchmarks, the method of deriving the benchmark data and the estimated cost of this approach should be developed and reviewed prior to proceeding.

Bob Buchkowsky
October 27, 2003