The Corporation of the Township Carling


 

M I N U T E S    
REGULAR MEETING OF COUNCIL
Monday, February 11, 2013
Council Chambers
2 West Carling Bay Rd., Nobel, Ontario

 

Council Members Present:         Mayor:        Gord Harrison
Councillors:                             Mike Konoval, Michael Gordon

Council Members Absent:          Susan Murphy, Sid Larson
                    
Staff Present:    Stephen Kaegi - Chief Administrative Officer/Clerk
            Joe Ryman – Public Works Superintendent
            John Jackson – Planning Consultant
            
1.    CALL TO ORDER

The Mayor called the meeting to order at 7:00 p.m.

2.    PUBLIC MEETING

OFFICIAL PLAN AMENDMENT 01-2013

Mayor Harrison called the public meeting to order and read out the purpose and the effect of the by-law as set out below.

THE PURPOSE of the proposed official plan and zoning by-law amendment is to prohibit the construction of any new boathouses or boat ports in the whole of the Township of Carling.

THE EFFECT of the proposed official plan amendment is to add a policy to the current official plan that removes any consideration for boat port or boathouse structures.  Presently, the official plan policy allows for property owners to file a rezoning application to allow a boat port or boathouse to be considered on a site-specific basis along a waterfront property. This opportunity will be removed under the proposed policy.

THE EFFECT of the proposed zoning by-law amendment is to remove the general provision in the by-law that recognizes boathouses and boat ports as permitted uses by rezoning.
    
The Clerk advised that the notice requirements of the Planning Act had been met and that correspondence for both objections and support had been circulated to Council. The Mayor asked if there was anyone present who wished to address council with respect to the proposed by-law.

Mr. Strelec indicated his opposition to the proposed by-law and felt that the by-law was instigated and being pushed by staff. Mr. Stelec felt that he or any property owner should have the right to build a boathouse as this was a natural extension of owning property on Georgian Bay.

Mayor Harrison corrected Mr. Strelec that this proposed by-law was being brought forward under the direction of Council and not staff.

Mr. Trinaistich spoke in opposition to the proposed by-law as he felt the existing process was adequate to manage the issue and thus there was no need for this proposed by-law. Mr. Trinaistich used The Archipelago an example of why Council should not proceed with this by-law and indicated it was punitive in nature.

Mayor Harrison asked Mr. Jackson to respond to Mr. Trinaistich’s points. Mr. Jackson indicated that he has been the Townships planning consultant for over thirty years and that the concern over boathouses was initiated by the previous council and that the history and rationale for the by-law were both sound and required to protect the natural environment of the Bay. Mr. Jackson also argued that many of the existing boathouses have become dry-land storage facilities due to the extreme low water levels on the Bay.

Mr. Corbett a planner with Planscape Inc. raised questions about two existing clients with his firm whose files are before Council and wanted to know there status. Mr. Corbett argued that these structures are to be expected in a recreational community and do not alter the character of the area. Mr. Corbett felt the existing by-law was more than adequate to deal with these structures rather than imposing an outright ban. Mr. Corbett suggested that boat ports should be dealt with differently as they do not have the same impact as a boathouse and criteria could be established that these structures must meet before they receive approval.

Mayor Harrison asked Mr. Jackson to inform the public on the planning process regarding the by-laws going forward and Mr. Jackson explained this in detail.

Mr. Bower asked the reason for the OMB approval of the structure on Shebeshekong and Council indicated it was the result of a settlement that was reached between the two parties.

Mr. Bowman opposed the by-law and felt that owners are already over regulated and that approvals are difficult to acquire. Mr. Bowman was concerned that regulations were having a negative impact on jobs and therefore there should be less regulations and restrictions on properties. Mr. Bowman raised the past history of and the role Irene Hailstone played in relations with surrounding municipalities and wanted assurance that Carling remains in existence.

Mayor Harrison declared the public meeting closed and informed the public that no decision would be made tonight on the by-law.

ZONING BY-LAW AMENDMENT C505-2013

Mayor Harrison called the public meeting to order and read out the purpose and the effect of the by-law as set out below.

THE PURPOSE of the proposed zoning by-law amendment is to enact a Temporary Dock By-law for lands along the shore of Georgian Bay.

THE EFFECT of the proposed Temporary Dock By-law is to allow the placement of docks contrary to the current dock regulations during the period of extreme low water levels on Georgian Bay.  Once the water levels are back to chart datum, the former dock regulations shall apply and any and all temporary dock structures will be required to be removed or made to comply with all dock provisions.

The Clerk advised that the notice requirements of the Planning Act had been met and that correspondence for both objections and support had been circulated to Council. The Mayor asked if there was anyone present who wished to address council with respect to the proposed by-law.

Mr. Mahood supported the by-law but raised concern over the forms and the use of the word “acknowledgement” and would like it removed and just leave the word “consent”. Mr. Mahood asked that the forms be more tightly tied to the by-law.

Ms. Reed supported the by-law but raised concern over the requirement of getting the neighbours consent as this may not always be possible.

Mayor Harrison asked Mr. Jackson to respond regarding Mr. Mahood’s request and whether he felt they could be addressed in the proposed by-law. Mr. Jackson felt that the requests by Mr. Mahood could not be accommodated in the by-law but he was prepared to take another look.

Mayor Harrison declared the public meeting closed and informed the public that no decision would be made tonight on the by-law.

Council recessed for five minutes and then resumed business.

MINUTES OF THE PREVIOUS MEETINGS

    REGULAR MEETING OF COUNCIL

13-011                        Moved by Councillor Konoval                                            Seconded by Councillor Gordon

    NOW THEREFORE BE IT RESOLVED that the Minutes of the Regular Meeting of Council held on January 14, 2013, be approved.

                            Carried.

COMMITTEE OF THE WHOLE

13-012                        Moved by Councillor Gordon
                            Seconded by Councillor Konoval

    NOW THEREFORE BE IT RESOLVED that the Minutes of the Committee of the Whole held on January 11, 2013, be approved as amended.

                            Carried.

4.    DEPUTATIONS

ANNA MARIE HARRIS, GEORGIAN BAY COUNTRY

Ms. Harris spoke to Council regarding the Georgian Bay Country’s activities in 2012 and the plans for 2013. Items discussed were the new strategic plan, new tag line, being a leader in Georgian Bay area for tourism, developing a land/property inventory, improve website, upcoming weather network show and doors open program. In concluding Ms. Harris asked for Carlings continued financial support for Georgian Bay Country.

KYLE VANDEVEN.  REQUESTING REGISTERED RIGHT OF WAY ACROSS MUNICIPAL ROAD ALLOWANCE

Mr. Vandeven indicated to council that he would like to build a hunt camp on his land locked property however to do so he requires a registered right-of-way as he does not front on a township road or water. In order to meet this requirement Mr. Vandeven has asked for a right-of-way for 400 feet on township property that would then allow him to place a dock and create a trail for his ATV approximately 6 to 8 feet wide to his property.

Council indicated that they would consider his request and likely discuss it in March.

5.     PARRY SOUND AREA PLANNING BOARD CONSENT APPLICATIONS

CONSENT APPLICATION B12/2012(C)
Lot 54, Concession 12.  Application to create one new lot on Deep Bay accessed off Alves Road
Applicant:  L.U. Maughan Co. Ltd.
Owners:  Fritz & Christa Glaenzel

12-013                        Moved by Councillor Konoval
                            Seconded by Councillor Gordon

 NOW THEREFORE BE IT RESOLVED that Council defer this item to the March meeting in order to answer questions regarding the environmental data supplied and its datedness and the impact that low water levels may have on the reports’ conclusions.

                            Carried.

6.    REPORT OF THE CHIEF ADMINISTRATIVE OFFICER

13-014                        Moved by Councillor Konoval
                            Seconded by Councillor Gordon

    NOW THEREFORE BE IT RESOLVED that Council receives the Reports of the Chief     Administrative Officer, as distributed.

                            Carried.

7.    REPORT OF THE COMMITTEES

Councillor Konoval asked that photo’s be sent to the Great Lakes & St. Lawrence Cities Initiative as requested.

Councillor Konoval raised concern over the beech tree article as there are many located in Killbear Park and any spread would be disastrous to the area.

Councillor Gordon indicated that the Active Transportation Committee was beginning to speak to key partners and working on its pitch to the Ministry of Transportation regarding Highway 559.

Councillor Gordon reported on his attendance at the Georgian Bay Land Trust meeting in Toronto.

Mayor Harrison reported on his meeting with the Chair and key staff with the Near North School Board regarding the ARC process. The Board is dealing with declining enrolment and increased costs for maintenance of schools that are below the student number thresholds. The Board would look at a new school if recommended by the ARC process. A loose committee of key area representatives are working to have a submission for the ARC Committee and deal with the Grade 7 & 8/High School issue.

Mayor Harrison also reported on the Rec Committee and the upcoming Winter Carnival this weekend.

Mayor Harrison reported on the Heads of Council meeting and the attendance by the Chief from Shawanaga.

Mayor Harrison informed Council on the Georgian Bay Low Water meeting that took place in Parry Sound and the outcomes from the meetings that included heads of Council’s from area municipalities that front on Georgian Bay as well as First Nation leaders and representatives. Mayor Harrison indicated that he will be sitting on a steering committee that was created as a result of this meeting.

Mayor Harrison reported on his meeting with the Bayview Association regarding their request for additional docks. A report will be coming to Council by April of this year.

8.    COUNCIL CORRESPONDENCE

13-015                        Moved by Councillor Konoval
                            Seconded by Councillor Gordon

    NOW THEREFORE BE IT RESOLVED that Council receives the January 2013 Council Correspondence listing.

                            Carried.

9.    OTHER BUSINESS

    2012 BUILDING PERMIT AND BY-LAW ENFORCEMENT REPORT

13-016                        Moved by Councillor Konoval
                            Seconded by Councillor Gordon

    NOW THEREFORE BE IT RESOLVED that the Chief Building Officials report dated February 11, 2013 be received for information.

                            Carried.

    SET FINES FOR BY-LAW OFFENSES

13-017                        Moved by Councillor Gordon
                            Seconded by Councillor Konoval

    NOW THEREFORE BE IT RESOLVED that Council approve the following fines for consideration by the Ontario Court of Justice:
1.    Waste By-law 2008-5    $200.00 per offense

                        Carried.

    2012 COUNCIL EXPENSES

13-018                        Moved by Councillor Gordon
                            Seconded by Councillor Konoval

    NOW THEREFORE BE IT RESOLVED that Carling Council approve Council expenses for 2012.

                            Carried

    LOW WATER LEVELS – GEORGIAN BAY IN CRISIS

13-019                        Moved by Councillor Konoval
                            Seconded by Councillor Gordon

    
WHEREAS the Great Lakes have experienced declining water levels over the past 20
years, and

WHEREAS nowhere has it been so obvious as in Georgian Bay, currently the largest
fresh water archipelago in the world, and

WHEREAS in 2013 water levels in Georgian Bay dropped over 67 cm, and

WHEREAS this significant drop of water level is now below any documented historic
level, and

WHEREAS, the “Ribbon of Life”—wetlands, shorelines, fish and animal habitat—is at
risk, and

WHEREAS access to residences, viability of business operations, First Nations’ and
Municipal infrastructure, are all at risk because of this major change in water level, and

WHEREAS the economic prospects for the Georgian Bay watershed communities are
in jeopardy given that significant revenues and jobs come from water related activities
such as tourism, boating, recreational fishing and cottaging, the latter contributing well
over $100 million annual economic benefit in goods and services purchased and
property taxes, and

WHEREAS the Chiefs, Mayors, and Reeves whose jurisdictions front on Georgian Bay
now declare that Georgian Bay is in crisis, and

WHEREAS it seems entirely probable that, under current circumstances, the water
levels in the Great Lakes will continue to decline for the foreseeable future, and

WHEREAS Federal and Provincial Governments have responsibilities to preserve and
protect the Great Lakes, and

WHEREAS Federal and Provincial Governments must quickly develop action plans to
alleviate the 2012 low water impact on Georgian Bay communities, and

WHEREAS Federal and Provincial Governments need not only to accept that Georgian
Bay is in crisis but also to consider how to protect the long term viability of the Great
Lakes, and

WHEREAS Federal and Provincial Governments need to proclaim that they are
committed to the preservation of the Great Lakes and need to give the highest priority to
taking strong actions to remedy this crisis,

BE IT NOW RESOLVED THAT the Georgian Bay Chiefs, Mayors, and Reeves
recommend the following actions be included as part of the Federal and Provincial plans
to remediate water levels in the Great Lakes and to ensure clean water, with high
quality fish and animal habit, alongside healthy and vibrant communities:

Request the Ministry of Natural Resources develop procedures to facilitate
access for Georgian Bay,
Request the Department of Fisheries and Oceans to develop procedures to
facilitate access for Georgian Bay,
Request financial assistance be provided by the Provincial and Federal
governments including adaptive management practices for municipalities and
businesses on Georgian Bay,
Seek the highest level of authority in Canada to bring the issue of low water
levels to the U.S. Government directly,
Request the Provincial and Federal governments to recognize that Georgian Bay
is in crisis, now, in 2013,
Declare a moratorium on dredging in the St. Clair River and implement the
inclusion of sills in the St, Clair River,
Amend the Great Lakes Protection Act to include actions to respond to low water
levels,
Create sustainable development throughout the Great Lakes and stop any intratransfer
of water between all Great Lakes basins,
Investigate future viability of Great Lakes/St. Lawrence Seaway and the intrusion
of over 180 invasive species and low water created as a result of dredging.

                            Carried.

10.    BY-LAWS

PARKING OF MOTOR VEHICLE ON HIGHWAYS

2013-02                        Moved by Councillor Konoval
                            Seconded by Councillor Gordon

THAT By-law Number 2013-02, being a By-law to Regulate the Parking of Motor Vehicles on Highways, be read and finally passed in Open Council this 11th day of February, 2013.

                            Carried.


    PUBLIC PARKS AND PUBLIC WATER ACCESS FACILITIES

2013-03                        Moved by Councillor Gordon
                            Seconded by Councillor Konoval

THAT By-law Number 2013-03, being a By-law to Regulate Public Parks and Public Water Access Facilities in the Township of Carling, be read and finally passed in Open Council this 11th day of February, 2013.

                            Carried.

SHORE ROAD ALLOWANCE/ROAD ALLOWANCE BY-LAW
James & Elizabeth Griffin.  155 Hwy 559

2013-04                        Moved by Councillor Konoval
                            Seconded by Councillor Gordon

THAT By-law Number 2013-04, being a By-law to Close and Sell Part of the Original Shore Road Allowance in Front of the Original Road Allowance between Concessions 2 and 3 in Front of Lot 13, Concession 2; and Part of the Original Road Allowance between Concessions 2 and 3 in Front of Lot 13, Concession 2, Township of Carling, District of Parry Sound, be read and finally passed in Open Council this 11th day of February, 2013.

                            Carried.

CEMETERY BY-LAW

2013-05                        Moved by Councillor Gordon
                            Seconded by Councillor Konoval

THAT By-law Number 2013-05, being a By-law to Provide for the Maintenance, Management, and Control of the Carling Cemetery, be read and finally passed in Open Council this 11th day of February, 2013.

                            Carried.

MINIMUM MAINTENANCE STANDARDS FOR MUNICIPAL HIGHWAYS

2013-06                        Moved by Councillor Gordon
                            Seconded by Councillor Konoval

THAT By-law Number 2013-06, being a By-law to provide for Minimum Maintenance Standards for Municipal Highways, be read and finally passed in Open Council this 11th day of February, 2013.

                            Carried.

11.    CONFIRMING BY-LAW

2013-07                        Moved by Councillor Konoval                                            Seconded by Councillor Gordon

    THAT By-Law Number 2013-07, being a Confirming By-Law, be read and finally passed in Open Council this 11th day of February, 2013.

                            Carried.

12.    ADJOURNMENT

13-020                        Moved by Councillor Gordon
                            Seconded by Councillor Konoval

    NOW THEREFORE BE IT RESOLVED that the Regular Meeting of Council be adjourned at 9:07 p.m.

Carried.

TOWNSHIP OF CARLING

___________________        _       ___________________________
Gord Harrison, Mayor                     Stephen P. Kaegi, CAO/Clerk