Councillor Wiancko stated he will be requesting an item from the Closed Session agenda be brought forward for discussion in Open Session.

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1 Township of Georgian Bay Minutes of the Special Council Meeting Monday, June 25, :00 AM 99 Lone Pine Road, Port Severn Ontario Call to Order - 8:00 a.m. Council Members Present Mayor Braid Councillor Edwards Councillor Hanson Councillor Kennedy (until 12:00 p.m.) Councillor Rivett Councillor Wiancko Staff Members Present Carolyn Tripp Chief Administrative Officer Susan Boonstra Clerk Jim Boswell Director of Protection Services / Fire Chief Kevin Datema Director of Operations Jessica Gunby Deputy Clerk Jill Lewis Director of Planning and Economic Development Jennifer Schnier Economic Development Officer Declaration of Pecuniary Interest There were no declarations of pecuniary interest. Closed Session Councillor Wiancko stated he will be requesting an item from the Closed Session agenda be brought forward for discussion in Open Session. C Wiancko-Edwards WHEREAS, section 239(2) of the Municipal Act, 2001, as amended provides authority for Councils of Municipalities to close a meeting, or parts of a meeting, to the public if the subject matter pertains to a matter identified in Section 239(2); 1 P a g e Page 1 of 14

2 AND WHEREAS the Council of the Township of Georgian Bay deems it necessary to close this portion of the meeting in order to address matters under the following Sections of 239(2); [e] litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. RE: Maddison Litigation [f] advice that is subject to solicitor-client privilege, including communications necessary for that purpose. Marshall Green, HGR Graham Partners RE: Legal obligations relating to agreements. [d] Labour relations or employee negotiations. Ms. Glenda Green, Manager of HR/HS RE: Absenteeism Matrix. [d] Labour relations or employee negotiations. Ms. Glenda Green, Manager of HR/HS RE: Update Union Negotiations [c] a proposed or pending acquisition or disposition of land by the municipality or local board. RE: Land acquisition in Honey Harbour. [c] a proposed or pending acquisition or disposition of land by the municipality or local board. RE: Alternative land acquisition in Honey Harbour. [c] a proposed or pending acquisition or disposition of land by the municipality or local board. RE: Open Space Land acquisition [b] personal matters about an identifiable individual including municipal or local board employees. RE: Discussions regarding 2 Island 2610 Georgian Bay NOW BE IT RESOLVED THAT the Council of the Township of Georgian Bay moves into a Closed Session of Council at 8:05 a.m. Matters Arising From Closed Session 2 Page 2 of 14

3 C Wiancko-Edwards BE IT RESOLVED THAT the Council of the Township of Georgian Bay recess from Closed Session at 10:02 am without a report. Council will return to Closed Session later in the day to complete Closed Session matters. Staff Awards - 10:00 am Ms. Lindsay Matthews CMM II Fire Prevention Professional Mayor Braid presented Ms. Matthews with a certificate recognizing her CMM II Fire Prevention Professional designation. Public Meeting held under authority of the Municipal Act Shore Road Closing (Lehto) Clerk's Report Ms Gunby advised that there was an existing dock on the subject property and staff has determined there was no potential for further public use of the property. There were no comments from the public. C Kennedy-Rivett BE IT RESOLVED THAT By-law (SRC-Lehto) be given final reading and enacted in Open Council. Shore Road Closing (Karkkainen) Clerk's Report Ms Gunby advised that there was an existing dock and dwelling on the property and staff has determined there was no potential for further public use of the property. There were no comments from the public. C Rivett-Kennedy BE IT RESOLVED THAT By-law (SRC-Karkkainen, et al) be given final reading and enacted in Open Council. 3 Page 3 of 14

4 Shore Road Closing (Jordan/Kerr) Clerk's Report Ms Gunby reported that this request had been before Committee previously. A septic bed is located on the road allowance and a driveway is located on the Shore Road Allowance. The sale of the lands would correct these deficiencies. Staff has determined that there is no potential for public use of these properties. The MNR is in favour of the municipality selling a small portion of the road allowance to legitimize the existence septic system. There were no public comments. C Kennedy-Rivett BE IT RESOLVED THAT By-law (Sale of Shore Road Allowance and Road Allowance to 119 and 139 Big Rock Road) be given final reading and enacted in Open Council. Consent Agenda Adoption of Consent Agenda C Rivett-Kennedy BE IT RESOLVED THAT the Council of the Township of Georgian Bay hereby accepts sections i) to v) contained in Part 8 - Consent Agenda dated June 25, 2012 as presented: AND FURTHER THAT authorization be given for the actions to be taken as may be necessary to give effect to any recommendations that may be contained therein. Review of Minutes Minutes of June 4, 2012 Regular Council Meeting. C Consent Kennedy-Rivett BE IT RESOLVED THAT the minutes of the June 4, 2012 Regular Council meeting be accepted as presented. 4 Page 4 of 14

5 Minutes Received for Information Minutes of June 4, 2012 Committee of the Whole meeting. Councillor Wiancko requested some formatting changes and inquired about a report (Go Home Lake parking plan) that was requested at that meeting to be heard today but was not on the agenda; it will come back at a future meeting. C Consent Rivett-Kennedy BE IT RESOLVED THAT the minutes of the June 4, 2012 Regular Committee of the Whole meeting be received as presented. Recommendations from Committee of the Whole June 4, C Consent Kennedy-Rivett BE IT RESOLVED THAT the Council of the Township of Georgian Bay hereby adopts the following recommendations from the Committee of the Whole meeting of June 4, COW R BE IT RESOLVED THAT Committee of the Whole recommends that Council adopt Parking By-law as amended. COW R BE IT RESOLVED THAT Committee of the Whole recommends to Council that road lines be painted on municipal roads only if required under, and in accordance with, Ontario Traffic Manual 11. COW R BE IT RESOLVED THAT Chair Braid and Committee of the Whole Members recommend to Council to direct staff to implement recommendations within this report as it relates to the delivery of the municipal message to residents. AND FURTHER that Chair Braid and Committee of the Whole Members align communication projects with the realized savings of $ AND FURTHER that Chair Braid and Committee of the Whole direct staff to dedicate the suggested 10 hours a month to developing such 5 Page 5 of 14

6 publications for the purpose of implementing recommendations from the Communication Plan. COW R B IT RESOLVED THAT Committee of the Whole recommends that Council adopt the following recommendation from the Ad hoc Open Space Land Use Review Committee; A Public meeting to hear the amendments to the current Open Space definitions and permitted uses be brought forward to the July 16, 2012 Council meeting. COW R BE IT RESOLVED THAT Committee of the Whole recommends that Council seeks to determine, via legal opinion, as to what Councillors and the Mayor are able to know with respect to complaints received by the Township. COW R BE IT RESOLVED THAT Committee of the Whole recommends that Council directs staff to only address new Island 195 issues if approved by Council. Award of Tenders Operations Report RE: Extended Cab Truck Tender Award For Information Only Operations Report RE: Tractor Tender Award For Information Only Department Reports Received for Information Bell Canada Resolution arising from Clerk's Report License of Occupation - Bell Mobility - Crooked Bay Road (Consent by concurrence) C Consent Rivett-Kennedy WHEREAS proponents of Telecommunications Towers and supporting structures require the approval of Industry Canada on behalf of the Government of Canada and part of the approval, Industry Canada requires such proponents to consult with the Local Land Use Authority 6 Page 6 of 14

7 as a commenting body and follow the guidelines for consultation as outlined in CPC for public consultation. AND WHEREAS Bell Mobility notified all property owners that fell within a 3 times the proposed tower height radius of 90m as outlined in the CPC and in addition notified all commenting authorities and Lake Associations as provided by the Township of Georgian Bay. This included MTO, MNR and The Trent Severn Waterway. NOW BE IT RESOLVED THAT the Council of The Township of Georgian Bay does hereby acknowledge and provide concurrence for the site identified as Six Mile Lake W4416. Correspondence summary and disposition Township of Kawartha Lakes Invitation to attend & Resolution for support (Consent by concurrence) Councillor Wiancko inquired if anyone from the Township of Georgian Bay attended; Ms. Schnier did attend and will bring further information to a future Council meeting. C Consent Kennedy-Rivett BE IT RESOLVED THAT The Council of the Township of Georgian Bay supports in principle, the memorandum of May 22, 2012 from Mayor McGee, City of Kawartha Lakes. Severn River Association of Property Owners. RE: Report presented to District of Muskoka (For Information Only) Huronia Regional Health Centre RE: Physician Recruitment- Thank you (For Information Only) Ministry of the Environment RE: Great Lakes Protection Act (For Information Only) Canada Post 7 Page 7 of 14

8 RE: Potential Changes to the MacTier Post Office (For Information Only) Regular Agenda C Rivett-Kennedy BE IT RESOLVED THAT the Agenda dated June 25, 2012 be accepted as presented. Communications From Mayor and Council Councillor Rivett announced that Friday, August 3, 2012, is the opening day of the MacTier Big Weekend. She also inquired about the liability issues regarding the stage and if any agreements have been drafted at this time for an opportunity for the Big Weekend to use the stage at the event. Councillor Kennedy spoke in regards to housing for seniors throughout the Township of Georgian Bay. He is hosting a meeting on June 28 where ideas will be brought forward to resolve issues of seniors who wish to remain in the Township but aren t able to. He also stated they would like to have more citizens to attend the Community Policing Committee meetings (dates and times are on the Township website). Councillor Wiancko attended the Gibson Lake Annual General Meeting; they discussed the development of a Community Plan but not all members appeared to be on board. There was a training session recently for the new Committee of Adjustment members that went very well. Samples were taken from a ditch in MacTier near the railway and those results should be on the next meeting s Consent Agenda. He also attended a meeting regarding camping on Go Home Lake and would like a report to come to the next Council meeting dealing with parking on Minor s Bay Road. There was a seminar at the Township office recently regarding Eurasion Milfoil and fifteen groups attended. He will bring forward the minutes from that meeting at a later date. Councillor Hanson requested the list of attendees at that meeting from Councillor Wiancko. He said he met with a group in Honey Harbour regarding water quality (tests in Church Bay were completed and he is waiting for additional information) and also the Six Mile Lake Association meeting. 8 Page 8 of 14

9 Mayor Braid stated he recently attended numerous events as well. The draft Official Plan was released on June 8 and Planning staff are collecting any and all comments. He attended a round table discussion with Ms. Tripp regarding the Trent Severn Waterway regarding the attempt to save $3 million. Species at Risk legislation is effective as of July 1, 2012; we now have our MP (Tony Clement) involved. Lastly, Dr. Karagianis has been appointed as Psychiatrist-in-Chief at Waypoint Centre in Penetanguishene but will continue to operate from his current location within the Community Services Building. With concurrence from members of Council, items on the agenda were rearranged for the benefit of the attendees of the gallery who were waiting for presentations. Portfolio Chair and Department Head Reports 12. f) Presentation from Derrick Hammond, DMM RE: Endangered Species Act Mr. Hammond made a presentation to Council regarding the history of the Endangered Species Act (ESA) and the effects the Act has on development within the Township of Georgian Bay. Since most applications for lot creation and development may require ESA approval, that will then require either a peer review of the reports or the Ministry of Natural Resources (MNR) may need to get involved early in the process. Written comments were provided to the Province and a meeting took place between Ms. Tripp, Mayor Braid and Mr. Hammond, with the Minister of Natural Resources. They also met with local and regional MNR staff and were advised of a general permit process and that MNR will have to become involved and that their staff are the only ones who can identify and approve endangered species habitat. Since an exact process has not been determined at this time, Ms. Lewis recommended obtaining a legal opinion on the matter to determine where we should be involved; the Building Code Act does not show this as applicable law therefore the approval from MNR isn t needed to determine a complete application. She also recommended speaking with the MNR to determine the process and what they will require. Mr. Hammond stated that he, along with Ms. Lewis, need to meet with the development community to gather questions and input and take that back to the MNR. 9 Page 9 of 14

10 Planning & Economic Development Report RE: Middleton Subdivision-Draft Conditions Ms. Lewis provided Council with background information on the file. The recommendation is to hold a meeting with relevant stakeholders facilitated by a mediator to determine whether or not Council would like to withdraw or maintain the condition that was implemented in 2009 regarding the construction of a road for municipal assumption. Councillor Rivett requested the application provide staff with all reports and / or studies relevant to the development. She also requested the CPR be invited to the meeting. Rob Wilson from Riverstone Environmental was present and stated his firm completed a study for Mr. Middleton regarding Species at Risk (SAR); the proposed road has a low likelihood of contravening the Act. Ms. Lewis will send out an to various stakeholders to determine a date to meet; she will secure our solicitor as a mediator since he is very familiar with the file. C Wiancko-Hanson BE IT RESOLVED that Council receive P & EDO Report for information purposes. AND FURTHER THAT Council direct Township staff to hold a meeting, to be facilitated by an independent mediator paid for by the Township, with the following stakeholders to fully discuss and understand the implications of Draft Condition # 15 of Plan of Subdivision File No. S and Draft Condition #18 of Plan of Subdivision File No. S and report back to Committee of the Whole: Amended to add CPR to the list of stakeholders. Protection Services Report RE: Vessel Purchase C Hanson-Wiancko BE IT RESOLVED THAT THE Council of the Township of Georgian Bay approves the purchase of an additional vessel for use by the By-law Department; 10 Page 10 of 14

11 AND THAT funds come from the Protective Inspections Reserve of not more that $6, Clerk's Report License of Occupation (Evans) C Edwards-Hanson BE IT RESOLVED that Council authorizes the Mayor and Clerk to enter into a temporary License of Occupation with Margaret Evans for a section of Shore Road Allowance adjacent to Georgian Bay Shore until such time as the purchase of the parcel has been completed. Clerk's Report Cemetery Regulations C Hanson-Wiancko BE IT RESOLVED THAT By-law , Being a By-law to adopt new Cemetery Regulations be given final reading and enacted in Open Council; AND THAT amendments to By-law (Fees and Charges By-law) be authorized to reflect new Cemetery Fees. Clerk's Report RE: License of Occupation Council was advised that the applicant wished to construct a dock on the Road Allowance. The property to be accessed is zoned Open Space, and the owners indicated they will be using the property for day hiking. Access to the property is not dependent upon a dock. C Rivett-Hanson BE IT RESOLVED that Council authorizes Mayor and Clerk to enter into a License of Occupation with Jeff Cowan on behalf of Beacon Financial Corporation for a section of Road Allowance adjacent to 2964 Island 11 Page 11 of 14

12 1040 to allow access to the subject property as well as the construction of a dock. DEFEATED Business remaining from the previous meeting Procedural By-law Amendments (Deferred from May 24 and June 4, 2012) (By-law ) C Hanson-Wiancko BE IT RESOLVED THAT By-law (Procedural Bylaw as amended) be given final reading and enacted in Open Council. Amended to take effect at 12:01 am June 26, Clerk's Report (deferred from June 4, 2012) with Supplementary Report (June 25) RE: Expense recovery from Code of Conduct Complaints. Councillor Hanson stated that a strong message needs to be sent out as to how we are dealing with complaints; with thought and responsibility. He does not support going for the full amount for reimbursement, but a well thought out amount. The Code of Conduct outlines how Council may choose to recover costs; attempting to recover all costs will show little or no value to the Code of Conduct. Members of the public will not want to proceed with a complaint if they will be responsible for all legal costs. Councillor Edwards inquired if there was a formal complaint process in place at the time these complaints came forward. Ms. Tripp stated that staff follows a process when dealing with complaints, so there is a process but it is currently being revised for improvement. Councillor Wiancko stated there is a complaint process in place and Council approached the complainant to have him come forward and speak to them so they could be aware of his concerns, which he did not do. The Township s legal budget is a set amount so regaining some of those costs back would be beneficial. Mayor Braid stated that as a citizen, he is trouble by the fact that a person can bring forward mean-spirited complaints which can result in anguish, loss of reputation, loss of income and taxpayers picking up the 12 Page 12 of 14

13 legal tab. The complainant was reminded about the possibility of being asked to reimburse the Township. His suggestion is to invoice the complainant for the full amount, however the municipality would consider a settlement of 60% of the full price if paid within 14 calendar days from today. Councillor Edwards suggested following the recommendation from Mr. Elston which was to consult the Township solicitors how to best proceed with recovering the funds. C Braid-Wiancko BE IT RESOLVED THAT Staff be authorized to offer a settlement for 60% of the costs incurred in connections with the Code of Conduct complaints if payment of the 60% is paid within 14 calendar days of this meeting; AND THAT full cost recovery be pursued if not paid within the time frame, or the offer of settlement is not accepted. By-laws By-law (Parking Bylaw as amended) C Hanson-Edwards BE IT RESOLVED THAT By-law (Parking By-law) be given Final Reading and enacted in Open Council. Closed Session (Incomplete Items) C Hanson-Rivett BE IT RESOLVED THAT the Council of the Township of Georgian Bay rise from Closed Session at 4:36 pm without a report. Confirming By-law followed by Motion to Adjourn Confirming By-law C Hanson-Wiancko 13 Page 13 of 14

14 BE IT RESOLVED THAT the Council of the Township of Georgian Bay hereby adopts by-law "Being a by-law to confirm the proceedings of Council at a meeting held on June 25, 2012" C Wiancko-Hanson BE IT RESOLVED THAT the Council of the Township of Georgian Bay does now adjourn at 4:40 pm until our next regular meeting of July 16, 2012, or the call of the Chair. Mayor Clerk 14 Page 14 of 14