THE DISTRICT MUNICIPALITY OF MUSKOKA

Transcription

1 THE DISTRICT MUNICIPALITY OF MUSKOKA DISTRICT COUNCIL MEETING NO. 1(2008) A G E N D A 7:00 p.m., January 14, 2008 District Council Chamber Page (6:30-7:00 p.m. Chair and senior staff available to answer Councillors questions) CALL TO ORDER ACKNOWLEDGEMENT OF SUPPLEMENTARY MOTIONS LIST DEPUTATIONS/DELEGATIONS DECLARATION OF PECUNIARY INTERESTS PREVIOUS COUNCIL MEETINGS - REVIEW OF MINUTES FOR CORRECTNESS 4-10 a) 18(2007) - December 3, 2007 COMMITTEE REPORTS a) Engineering & Public Works - PW December 5, 2007 i) Review of Minutes for Correctness ii) Committee Report iii) Question Period re: Delegated Matters b) Planning & Economic Development - PED December 6, 2007 i) Review of Minutes for Correctness ii) Committee Report iii) Question Period re: Delegated Matters - no delegated matters c) Corporate & Emergency Services - CES December 7, 2007 i) Review of Minutes for Correctness ii) Committee Report iii) Question Period re: Delegated Matters - no delegated matters Page 1 of 168

2 Page CORRESPONDENCE/COMMUNICATIONS/PETITIONS a) Correspondence MOTIONS BY-LAWS a) A by-law to authorize the borrowing of Twenty Million Dollars ($20,000,000) 3 readings b) A by-law to authorize the borrowing of funds from the Bank of Nova Scotia 3 readings c) Being a by-law to approve Amendment No. 16 to the Official Plan of the Township of Georgian Bay 3 readings d) A by-law to delegate the power to hold hearings with respect to complaints under Section 20 of the Development Charges Act, readings (included separately within agenda package or with supplementary agenda) e) Being a by-law to approve the expropriation of certain lands required for the reconstruction and improvement of Muskoka District Road No. 25 (Parts 1 to 6, inclusive on draft plan by Robert Thaler, O.L.S. dated January 30, 2007) 3 readings f) Being a by-law to approve the expropriation of certain lands required for the reconstruction and improvement of Muskoka District Road No. 25 (Parts 5, 6, and 7 on Plan 35R deposited June 7, 2006) 3 readings NEW BUSINESS a) Committee of the Whole in Closed Session (if necessary) Page 2 of 168

3 Page NEW BUSINESS - to discuss the potential sale of one parcel of land at the Muskoka Airport Please note that this item is scheduled to be discussed at a meeting of the Planning & Economic Development Committee immediately prior to the Council meeting and may come forward for consideration by District Council. A report may be included separately within agenda package. CONFIRMING BY-LAW a) By-law A by-law to confirm the proceedings of the Council of The District Municipality of Muskoka at this meeting held on the 14th day of January, ADJOURNMENT A copy of this agenda in large print format is available upon request. Please note that hearing-assistive devices are available in the Council Chamber. Page 3 of 168

4 THE DISTRICT MUNICIPALITY OF MUSKOKA DISTRICT COUNCIL MEETING NO. 18(2007) The Council of The District Municipality of Muskoka met in the Council Chamber, District Administration Building at 7::00 p.rn. on Monday, December 3, PRESENT: OFFICIALS PRESENT: ALSO PRESENT: District Chair G. Adams and all other members of Council J. Green, Chief Administrative Officer; S. Cairns, Commissioner of Finance & Corporate Services; T. White, Commissioner of Engineering & Public Works; M.. French, Commissioner of Planning & Economic Development; D. Royston, District Solicitor; C. Lees, District Clerk M. Duman, Director of Finance; C. Parlett, Manager of Programs (Employment); K.. Armstrong, Manager of Programs (Financial); L. Thomson, Manager of Housing CALL TO ORDER Chair Adams called the meeting to order at 7::00 p.m. ACKNOWLEDGEMENT OF SUPPLEMENTARY MOTIONS LIST Chair Adams noted the re-numbering of several by-laws and the cancellation of By-law He also noted that it may be necessary to adjourn to a Committee of the Whole in Closed Session. DECLARATIONS OF PECUNIARY INTEREST None were declared.. PREVIOUS COUNCIL MEETING - REVIEW OF MINUTES FOR CORRECTNESS No errors or omissions. COMMITTEE REPORTS a) Planning & Economic Development - PED June 26,2007 i) Review of Minutes for Correctness No errors or omissions.. ii) Committee Report It was noted that the meeting was a public meeting.. iii) Question Period re: Delegated Matters No delegated matters. Page 4 of 168

5 b) Planning & Economic Development - PED August 28, 2007 i) Review of Minutes for Correctness No errors or omissions" ii) Committee Report It was noted that the meeting was a public meeting.. iii) Question Period re: Delegated Matters No delegated matters. c) Planning & Economic Development - PED November 13, 2007 i) Review of Minutes for Correctness No errors or omissions. ii) Committee Report Councillor Scott Young highlighted the minutes of the November 13,2007 meeting of the Planning & Economic Development Committee. iii) Question Period re: Delegated Matters No delegated matters. Moved by B. Boivin and seconded by L Braid THAT all resolutions identified by the prefix "R" in the minutes of the Planning & Economic Development Committee meeting No. PED held on November 13, 2007 be adopted.. Cerried. d) Community Services - CS November 14,2007 i) Review of Minutes for Correctness No errors or omissions. ii) Committee Report Councillor Coleman highlighted the minutes of the November 14, 2007 meeting of the Community Services Committee.. iii) Question Period re: Delegated Matters No delegated matters. Page 5 of 168

6 Moved by L. Braid and seconded by M Casey THAT all resolutions identified by the prefix "R" in the minutes of the Community Services Committee meeting No.. CS held on November 14, 2007 be adopted.. Carried. e) Corporate & Emergency Services - CES November 16,2007 i) Review of Minutes for Correctness No errors or omissions.. ii) Committee Report Councillor Klinck highlighted the minutes of the November 16, 2007 meeting of the Corporate & Emergency Services Committee. a) Closed Meeting Investigator Councillors Smith and Pryke requested that Resolution No. R74/2007 be removed and voted on separately. Councillor Smith expressed concern with respect to the Ombudsman assuming the role of the Closed Meeting Investigator for Muskoka.. He commented on a speech that was given by the Ombudsman which was critical of municipal Councils, suggesting that they did not do an adequate job of policing themselves. In response to questions regarding the reversal of Committee's decision, Mr. Royston advised that regardless of Council's action that evening Muskoka would not be in a non-compliance position; the Ombudsman would be the default choice as an investigator until an appointment was made.. Several Councillors supported the Ombudsman taking on the role of Investigator noting that they were not concerned with Council's practices regarding closed session. Councillor Clairmont commented that any investigation into closed session practices would be more appropriately undertaken by a local appointee.. Chair Adams read Resolution R74/2007 of the Corporate & Emergency Services Committee: "Moved by G. Doughty and seconded by G.. Adams R74/2007 BE IT RESOL VED THAT the Corporate and Emergency Services Committee recommend that Muskoka District Council not make any appointments under Section of The Page 6 of 168

7 CORRESPONDENCE Municipal Act, 2001 (Municipal Investigator) at this time." b) Acquisition of Leased and Purchased Vehicles for 2008 Report No. CES Carried. In response to questions from Councillors regarding the vehicles, Mr. Cairns advised that the procurement of the compact cars would not include a provision for snow tires. In terms of the potential for acquiring hybrid vehicles, he noted that in terms of fuel efficiency the hybrid vehicle was most efficient for city driving; most of Muskoka's fleet mileage was on highways. Mr.. Cairns added that the tender would include minimum specifications in terms of fuel efficiency, mileage and pollution standards and the hybrid option would continue to be explored in the future. Moved by J.. Klinck and seconded by T. Pilger THAT all resolutions identified by the prefix "R" in the minutes ofthe Corporate & Emergency Services Committee meeting No. CES held on November 16, 2007 be edopted. Carried. 1" THE OFFICE OF THE PRIME MINISTER has acknowledged receipt and carefully reviewed Muskoka's July 12, 2007 correspondence and resolution regarding the disposal of nuclear waste" (Received November 13, 2007)" 2. BLiSSYMBOLICS LEARNING CENTRE MUSKOKA have written to express concerns with regard to water and sewage costs. (Received November 15, 2007) (Referred to Finance and Public Works Departments) 3. MCCORMICK RANKIN CORPORATION has advised that they have been retained by the Ministry of Transportation (MTO) to carry out the detail design for the inspection, minor repair and fatigue retrofit of twelve steel bridges located in northeastern Ontario, including the Muskoka River Bridge (Lakes of Bays) on Highway 35 in Dorset and the North Muskoka River Bridge on Highway 11 north of Bracebridge. Comments for the project are requested to be provided by December 21,2007" (Received November 16, 2007) (Referred to Public Works and Planning Departments)" 4" EARTH TECH CANADA INC. has advised that they have been retained by the Ministry of Transportation (MTO) to carry out the detail design for the rehabilitation of Highway 60 from the Oxtongue River Bridge, eastern 9,,8 kms to the Algonquin Park New West Gate" The Project is following the Class Environmental Assessment planning process for Group 'B' Projects under the MTO's Class Environmental Assessment for Provincial Transportation Facilities (2000). Comments and information regarding this project are being collected to assist the Project Team in meeting the requirements of the Environmental Assessment Act.. (Received November 20, 2007) (Referred to Public Works and Planning Departments) Page 7 of 168

8 5. THE ASSESSMENT REVIEW BOARD has advised that it will be introducing changes to its Scheduling Strategy and its processes for cases in the pre-hearing stream to expedite resolution of complaints" These changes will become effective as of February 1,2008. (Received November 22,2007) (Referred to Planning and Legal Departments) BY-LAWS Moved by S. Clement and seconded by F. Coleman THAT by-laws for first reading be numbered and entitled:' A by-law to authorize the issue ofamortizing Debentures in the principal amount of $1,000,000 for the purposes of The Corporation of the Township ofgeorgian Bay A by-law to authorize the issue of amortizing Debentures in the principal amount of $1,340,000 for the purposes of The Corporation of the Town of Huntsville A by-law to authorize the issue of amortizing Debentures in the principal amount of $1,650,000 for the purposes of The Corporation of the Township of Muskoka Lakes A by-law to authorize the issue of amortizing Debentures in the principal amount of $11,958,000 for the purposes of The District Municipality of Muskoka A by-law to authorize the issue of amortizing Debentures in the principal amount of $8,042,000 for the purposes of The District Municipality of Muskoka A by-law to authorize the issue of amortizing Debentures in the principal amount of $1,010,000 for the purposes of The District Municipality of Muskoka Being a by-law to prescribe speed limits on Muskoka Road No (Bala) Being a by-law to establish temporary parking restrictions (Muskoka Road No" Port Carling) Being a by-law to extend a community safety zone (Muskoka Road No, Bala) A by-law to authorize the issue of amortizing Debentures in the aggregate principal amount of $5,000,000 for the purposes herein referred to Page 8 of 168

9 A by-law to authorize the issue of amortizing Debentures in the aggregate principal amount of $20,000,000 for the purposes herein referred to AND THAT the by-laws be read a first time. Moved by S" Martin and seconded by M. Clairmont THAT by-laws read a first time and numbered , , , , , , , , , and be read a second time. Carried" Carried. With respect to debentures, Councillor Thompson inquired as to the impact of changing bank rates. Mr" Cairns advised that the interest rates were fixed. Moved by 8.. Martin and seconded by M. Clairmont NEW BUSINESS THA T by-laws read a first time and numbered , , , , , , , , , and be read a second time. a) Upcoming Tender Award Certied. It was noted that the following tender would be awarded at the December 5, 2007 meeting of the Engineering & Public Works Committee:: i) Rehabilitation of Kelvin Grove Park Bridge b) Crescent Bay Lane (Private) Closing Report No. 18(2007)-1 Moved by F. Coleman and seconded by 8., Young 39/2007 THAT the lands described as part of Lot 19, Concession 2, geographic Township of Chaffey, now in the Town of Huntsville in The District Municipality of Muskoka designated as part 1 on plan 35R be conveyed to the abutting owner subject to the following,:' Page 9 of 168

10 CONFIRMING BY-LAW (i) a sale price of $500"00;' (ii) payment of all legal and administrative expenses by the applicant;' and (iii) the transaction be subject to all presently registered rights of way Moved by F. Coleman and seconded by G" Young ADJOURNMENT THAT By-law being a by-law to confirm the proceedings of the Council of The District Municipality of Muskoka at this meeting held on the 3 d day of December; 2007 be amended by the addition ofresolution #39/2007;' AND THAT the by-law, as amended, be read and passed. The meeting adjourned at 7:40 p.rn, Moved by B, Colhoun and seconded by M. Clairmont THAT we do now adjourn to meet again on Monday, January 14, 2008 or at the call ofthe Chair. Carried. Carried. Carried" District Chair District Clerk Page 10 of 168

11 THE DISTRICT MUNICIPALITY OF MUSKOKA ENGINEERING & PUBLIC WORKS COMMITTEE MEETING NO. PW PLACE: TIME:: DATE:: PRESENT: Absent:: OFFICIALS PRESENT: ALSO PRESENT: Birch Room, District Administration Building 9:00 a.m. December 5, 2007 Committee Chair L. Braid; Members B. Colhoun, S. Martin, G. Smith District Chair G" Adams, B.. Boivin, B. Thompson J. Green, Chief Administrative Officer; T. White, Commissioner of Engineering & Public Works; M. French, Commissioner of Planning & Economic Development S. Clement, D" Coates, District Councillors; G. Bache, Director of Environmental Services; D. Hammond, Director of Planning Services; S. Donald, Director of Budgets & Financial Planning; S. Yeoman, Deputy Clerk CALL TO ORDER Committee Chair Braid called the meeting to order at 9::03 a.m. DECLARATION OF PECUNIARY INTERESTS None were declared at this time" DELEGATIONS a) Development Approval Strategy Mr.. Hammond outlined how Muskoka's municipal water and sewer services are addressed through planning policies and development strategies" Committee members considered the benefits of requiring all development within the urban centres to be connected to municipal services. During the discussion of the components of capacity allocation strategies, Councillor Martin suggested that planning policies are too restrictive with regard to the potential for development of affordable housing in rural areas. Mrs" French noted some of the associated costs of rural living such as travel expenses and access to schooling and suggested that Page 11 of 168

12 innovative approaches to this issue can be examined while moving forward with affordable housing initiatives. Mr.. White added that high density development in rural areas would require communal services which would have to be publicly owned and operated. He also reported that commitments of capacity to specific developments are subject to timelines set out in a servicing agreement between the developers and Muskoka. Councillor Smith raised a concern that the Provincial Policy Statement is too stringent and does not have regard for Muskoka's uniqueness, Mr. Green noted that Muskoka has input into provincial policy formulation through the involvement of senior staff in their respective peer groups and their participation in provincial stakeholder consultation programs.. Mrs.. French and Mr.. Hammond left the meeting.. AWARD OF TENDERS a) Tender No Kelvin Grove Park Bridge Rehabilitation Muskoka Road 16 - Bracebridge Report No. PW Mr.. White highlighted the report and advised that the Town of Bracebridge's portion of the contract was for the construction of associated sidewalks. Moved by G. Smith and seconded by B. Colhoun Councillor Coates left the meeting. THAT Contract No for rehabilitation of the Kelvin Grove Park bridge on Muskoka Road 16 in the Town of Bracebridge be awarded to the low bidder, McPherson-Andrews Contracting Ltd., in the amount of $424, , with the District portion being $268, , which is included in the 2007 capital budget and the Town of Bracebridge portion being $155, , as recommended in Report No.. PW Carried Page 12 of 168

13 TRANSPORTATION a) Road Closures - Muskoka Road 3 (Main Street) - Huntsville Midnight Madness, Sidewalk Sale. Shades ofautumn Report No. PW Moved by B" Colhoun and seconded by S. Martin 0111/2007 THAT Muskoka Road 3 from Centre Street to Muskoka Road 2 (BruneI Road) be temporarily closed on July 18 and 19, 2008 between the hours of 5.:'00 p.m. until 12:30 a.m. to accommodate the annual Midnight Madness event; and on August 16, 2008 between the hours of 5.:00 a.m. and 5.:'30 p.m. to accommodate the annual Sidewalk Sale; and on September 20, 2008 between the hours of 6.:'00 a.m. and 5.:'30 p.. m. to accommodate the annual Shades of Autumn event. b) Community Safety Zone Muskoka Road 4 (Manitoba Street) - Bracebridge Report No. PW Carried. Moved by G. Smith and seconded by B. Colhoun R THAT a by-law be prepared to establish a Community Safety Zone on a portion of Muskoka Road 4 (Manitoba Street) in Bracebridge, from McNabb Street to Old Falkenburg Road" Carried. c) Extension - Road Maintenance Contract No. MRMC Report No. PW Moved by G. Smith and seconded by S" Martin R113/2007 THAT current Contract No.. MRMC with Fowler Construction Company Limited, which is for the maintenance of a number of District of Muskoka roadways, the majority being those that were downloaded from the Ministry of Transportation, be extended until April 30, 2010, under the same terms and conditions as in the original contreci. Carried.. Page 13 of 168

14 d) Speed Limit on Baxter Transfer Station Access Roadway Township of Georgian Bay Report No. PW Moved by G.. Smith and seconded by B. Colhoun R114/2007 THAT a by-law be prepared to establish a 60 km/hr speed limit on the entire new access road to the Baxter transfer station in the Township of Georgian Bay, e) Road Closure Muskoka Triathlon Muskoka Roads 2, 3, 9 and 10 - Huntsville Report No. PW Carried. Moved by G" Smith and seconded by B.. Colhoun 0115/2007 THAT Muskoka Roads 2, 3, 9 & 10 in the Town of Huntsville be temporarily closed on June 14 and 15, 2008 to accommodate the 2008 Muskoka Triathlon as outlined in Report No. PW " Cetried. ENVIRONMENT a) Contract No Muskoka Beach Road Wastewater Treatment Plant Upgrades Contract - Scope Change Report No. PW Mr. White presented the November 29 th report of the Director of Environmental Services" In response to Councillor Smith's inquiry, Mr.. Bache outlined the expected lifetime of the wastewater treatment plant and some of its components, elements requiring to be dealt with and timeframes within which they have to be carried out.. Moved by 8., Colhoun and seconded by G., Smith R116/2007 THAT Contract No" , for the construction of major upgrades at the Muskoka Beach Road wastewater treatment plant in Gravenhurst, be amended in value to $4,859,000,00 excluding GST, to include additional work identified during construction, to be accommodated within Page 14 of 168

15 the existing budget, as recommended in Report No. PW ;' AND THAT the approved debt issuance in By-law for Muskoka Beach Road wastewater treatment plant be increased to $7,700,000, Carried. b) Update on Drinking Water Quality Management Standards and the Municipal Drinking Water Licensing Program Report No. PW Mr. White highlighted the information report on the Municipal Drinking Water Licence Program. Owners of municipal drinking water systems are required to apply for a drinking water licence on or before a prescribed date" Muskoka must apply for licences for each of its drinking water systems on before September 1, Committee members noted the significant level of effort from staff that will be required in order to comply with the program. DEVELOPMENT a) Proposed Watermain Extension Silver Street - Town of Huntsville Report No. PW Mr" White presented a follow-up report Moved by B. Calhoun and seconded by G. Smith R117/2007 THAT authorization be granted to construct a watermain extension on Silver Street in the Town of Huntsville;' and THAT the project be included in the 2008 capital budget with approved debenture financing in the amount of $252,325" Mrs. Donald and Mr. Bache left the meeting" Carried. Page 15 of 168

16 CLOSED SESSION The Committee moved into closed session at 10:48 a.rn, NEW BUSINESS Moved by S" Martin and seconded by B.. Colhoun THAT we do now retire to Engineering and Public Works Committee in closed session to discuss property matters relating to: 1) a request for a licence of occupation to permit the installation of geothermal lines across Muskoka Road No" 16 (Beaumont Drive) in the Town of Bracebridge; 2) a request to extend an existing permit for a snowmobile trail across the South Bay Lagoon site in the Township of Georgian Bay;' and 3) a request for a permit to establish a snowmobile trail across the James Bartleman Island Park in the Township of Muskoka Lakes" Carried" Moved by B" Colhoun and seconded by G, Smith THAT we do now rise from Engineering and Public Works Committee in closed session and immediately reconvene in open session. Carried. a) Muskoka Road No Licence of Occupation - Struthers Report No. PW Moved by G" Smith and seconded by B" Colhoun R118/2007 THAT Richard Struthers be granted permission to install two (2) 1 % inch geothermal heating lines across Muskoka Road No" 16 as illustrated on the attached sketch, subject to a Licence of Occupation in a form satisfactory to the District Solicitor first being entered into" Carried, Page 16 of 168

17 b) South Bay Lagoon - Permit Extension - Baxter Snow Riders Corp. Report No. PW Moved by G. Smith and seconded by S.. Martin R119/2007 THAT the permit in favour of Baxter Snow Riders Corp.. for a snowmobile trail across the South Bay Lagoon property be extended for a further three (3) year period on such terms and conditions as are acceptable to the District Solicitor:. Carried. c) James Bartleman Island Park - Muskoka Lakes Snow Trails Association Report No. PW Moved by G. Smith and seconded by B. Colhoun R120/2007 THA T subject to the issuance of a Use Permit in a form satisfactory to the District Solicitor, the Muskoka Lakes Snow Trails Association be granted permission to establish a snowmobile trail on a portion of Muskoka's property known as the James Bartleman Island Park located at the Port Carling Locks, for an initial three (3) year period. Carried.. ADJOURNMENT The meeting adjourned at 11::05 a.rn. Moved by S.. Martin and seconded by G. Smith THA T the Engineering & Public Works Committee adjourns to meet again on Wednesday, January 16, 2008 at 9:00 e.m. or at the call of the Chair.. Carried.. Chair, Engineering & Public Works Committee District Clerk Page 17 of 168

18 ri' \ u~~_ J 'J District Municipality of Muskoka Facilities - Quick Facts Located in Urban Centres (Bala, Baysville, Bracebridge, Gravenhurst, Huntsville, Mac Tier, Port Carling & Port Severn) Municipal Water & Sewage Services Planning Policy October, 2007 $120,000,000 investment in 15 plants Approximately 30,000 people serviced Facilities - The Good News! Facilities - Challenaes! Existence of these systems facilitates economic development Capacity for more development Economy of Scale -15 plants - small population base = proportionately higher operational costs - value balanced against benefit of environmental orotection Environmental benefits Page 18 of 168 1

19 Why Full Services? PPS - growth - serviced settlement areas Muskoka Official Plan: - urban centres - focus of growth - Goal - all development within urban centres be connected to municipal services Lessons learned! - Areas densely developed on private services - environmental impacts - Areas developed on single service expensive to dig second trench and not an efficient use of land - Expensive to retrofit services in these areas Full services - more users - lower operating costs efficient use of land - less environmental impact Capacity Limited Exceptions: - limited infilling or existing lot & services not available - specific capital funding reserve approved to provide service but works are not scheduled for construction - development is a singular low intensity use permitted on a large undeveloped lot and services are not immediately available - Approved servicing schedules provide for an exemption Capacity = Valuable & Finite Community Resource - service to existing community - protection of the environment c.:.'\,~,!!~ - attracts growth and community development ~ Page 19 of 168 2

20 Limited Assets Invest for best return - Scarce infrastructure $ Long term view - Estimation of capacity - Tracking of capacity - Allocation procedure and conditions - Conservation measures - Infrastructure planning Basis - - Joint municipal effort - Common approach - Reflect unique characteristics <Sl community <Sl facility - Clear and fair procedure - Growth in all sectors - Municipal commitment will result in construction Page 20 of 168 3

21 To Get a Bana for our Buck? We must ensure system operating efficiently, seek out opportunities to increase users official plan policy, mandatory connection by-law We must ensure that capacity is allocated only to development where performance is assured Page 21 of 168 4

22 THE DISTRIG MUNICIPALITY OF MUSKOKA ENGINEERING AND PUBLIC WORKS DEPARTMENT 70 PINE STREET, BRACEBRIDGE, ONTARIO P1L 1N3 Telephone (705) OR Fax (705) TO: FROM: DATE: SUBJECT: REPORT NO.: Chair and Members Engineering and Public Works Committee NW. Waters Director of Roads and Waste Management November 29, 2007 Contract No Kelvin Grove Park Bridge Rehabilitation Muskoka Road 16 - Bracebridge PW RECOMMENDATION THAT Contract No for rehabilitation of the Kelvin Grove Park bridge on Muskoka Road 16 in the Town of Bracebridge be awarded to the low bidder, McPherson-Andrews Contracting Ltd., in the amount of $424,018.00, with the District portion being $268,335.27, which is included in the 2007 capital budget and the Town of Bracebridge portion being $155,682.73, as recommended in Report No. PW ORIGIN This contract forms a part of the 2007 Road Construction Program. ANALYSIS Five bids were received on November 28, 2007 in the amounts listed hereunder. An evaluation of the bids was conducted to review the experience of the contractors and sub-contractors and to identify any irregularities with the submissions Contractor McPherson-Andrews Contracting Ltd. HugoMark Services Inc. Concreate USL Ltd. Alexman Contracting Inc.. Fowler Construction Company Limited Location Toronto Milton Bolton Thornton Bracebridge Bid $424, $443, $482, $484, $496, This contract is scheduled to commence on December 17, 2007 with a targeted completion date of June 26, Managing Our Legacy Together Page 5 of 47 Page 22 of

23 Page 2 FINANCIAL The District's portion of this tender falls within the budget allocation for the project. This contract is included in the capital budget as project number with a total approved budget of $380,000. Respectfully submitted, With the concurrence of, Noel W. Waters, CRS-S, CMM I Director of Roads and Waste Management fncs Sharon Donald Director of BUdgets & Financial Planning Page 6 of 47 Page 23 of 168

24 THE DISTRIG MUNICIPALITY OF MUSKOKA ENGINEERING & PUBLIC WORKS DEPARTMENT 70 PINE STREET, BRACEBRIDGE, ONTARIO P1L 1N3 Telephone (705) OR FAX (705) TO: FROM: DATE: SUBJECT: REPORT NO: Chair and Members Engineering and Public Works Committee N.W. Waters Director of Roads and Waste Management October 25, 2007 Road Closures - Muskoka Road 3 (Main Street) - Huntsville Midnight Madness, Sidewalk Sale, Shades of Autumn PW RECOMMENDATION THAT Muskoka Road 3 from Centre Street to Muskoka Road 2 (Brunei Road) be temporarily closed on July 18 and 19,2008 between the hours of 5:00 p.m. until 12:30 a.m. to accommodate the annual Midnight Madness event; and on August 16, 2008 between the hours of 5:00 a.m. and 5:30 p.m., to accommodate the annual Sidewalk Sale; and on September 20, 2008 between the hours of 6:00 a.m. and 5:30 p.rn., to accommodate the annual Shades of Autumn event. ORIGIN A request, (correspondence attached) from the Downtown Huntsville B.I.A requesting the District to temporarily close a portion of Muskoka Road 3. ANALYSIS These events are held annually in the Town, and require the temporary closing of Muskoka Road 3. Muskoka Pubic Works Department has no objection to this request, and the required agreements and insurance will be in place. Respectfully submitted, // "'---j (L'lJ/ ~ /'(L<Y,t:c Noel W. Waters, CRS-S, CMM I Director of Roads and Waste Management Managing Our Legacy Together Page 7 of 47 Page 24 of 168

25 ~rtqd1 ",:J r: r ~, ;';,," t., \;,./ DoWlltownNuntml Box 5380,33 MItn Street., Telephone: «10 Ematl: hunt$vftteb1a"inet.~ Noel Waters Director of Roads The District Municipality of Muskoka 70 Pine Street Bracebridge, ON P1L 1N3 October 23, 2007,,::,- \_:f\"\}?~:1~';1,;",14'<i3!",,:-;i;::;'i:t\:)f: ">'~'-.'; Re: Road Closure'RiqueSt$ Dear Mr. Waters, This letter is to foo1'l.uy r Huntsville from CentreSI' On Friday, July18,,,~'~,.'" This street party an<halewtlf July 19th. IltMadness event. pm to 12:30 am on On Saturday, August 1fJ,_3~,Wtt~ be ~ding,~~.~..r~'''~alksale event. We will require the road closure tr.'5:00 am to 5:30 pm. ',,'" Finally, we will require a roadclosure on ~turday, ~.mber 20,2008 for our 6 th annual Shades of Autumn car Sb<lw' Here we are req~ing closure from 6:00 am to 5:30 pm. We will alse bf! reqaefting the T(lWJl of ~~r~.'s permission to close West Street from Minerva Street to CaroUne Street East for this event. YOUwottrB,~ W@t!_ _'~;._~iiff._?,ity~_s1t\"., happy to answer any questions regarding the above matter. cc. Bev Martin (Town of,""untsvilte), Mike1'aylor, BIA P.~i.Chair (The Finds) Page 8 of4? Page 25 of 168

26 THE _ ISTRIG MUNICIPALITY OF MUSKOKA ENGINEERING & PUBLIC WORKS DEPARTMENT 70 PINE STREET, BRACEBRIDGE, ONTARIO P1L 1N3 Telephone (705) OR FAX (705) publicworks@muskoka.on.ca TO: FROM: DATE: SUBJECT: REPORT NO: Chair and Members Engineering and Public Works Committee N.W. Waters Director of Roads and Waste Management November 6, 2007 Community Safety Zone - Muskoka Road 4 (Manitoba Street) Bracebridge PW RECOMMENDATION THAT a by-law be prepared to establish a Community Safety Zone on a portion of Muskoka Road 4 (Manitoba Street) in Bracebridge, from McNabb Street to Old Falkenburg Road. ORIGIN Correspondence from the Town of Bracebridge (attached) requesting the District to implement a Community Safety Zone on a portion of Muskoka Road 4 (Manitoba Street) in Bracebridge. ANALYSIS A recent amendment to the Ontario Highway Traffic Act allows municipal councils to pass by-laws in order to implement community safety zones. The zones are identified by concerned community members in areas where public safety is of special concern. These zones typically include areas around parks, schools, and residential neighbourhoods where there are a lot of children or seniors. Once stopped by the police for a moving violation within a Community Safety Zone, that person is eligible for a fine which is double what would be normal for the violation. However, demerit points that may be lost for the violation will not be doubled. This is an initiative that is unique to certain areas within a community. The cost for establishing a Community Safety Zone, including signing is estimated to be in the order of $3, The Muskoka Public Works Department has no objection to this request, and if approved, appropriate signing will be put in place.. Respectfully submitted, Noel W. Waters, CRS-S, CMM I Director of Roads and Waste Management Managing Our Legacy Together Page 9 of 47 Page 26 of 168

27 The Corporation ofthe Town ofbracebridge Public Works Committee Reference: Community Safety Zones Manitoba Street from McNabb Street Date: Sept. 11, 2007 to Old Falkenburg Road Moved By: Seconded By: 1. That the District of Muskoka be requested to designate the portion of Manitoba Street from McNabb Street to OldFalkenburg Road as a Community Safety Zone. COMMITTEE MEMBER Ma or D. Coates Councillor S. Youn Chair Councillor S. Clement Councillor L. Giachi-Pacini Councillor P. Thom son Councillor G. T on YEA NAY Page 10 of 47 Page 27 of 168

28 /"..P,<~0~ THE DISTRIG MUNICIPALITY OF MUSKOKA ENGINEERING AND PUBLIC WORKS DEPARTMENT 70 PINE STREET, BRACEBRIDGE, ONTARIO P1L 1N3 Telephone (705) OR Fax (705) TO: FROM: DATE: SUBJECT: REPORT NO: Chair and Members Engineering and Public Works Committee Noel W. Waters Director of Roads and Waste Management November 7, 2007 Extension - Road Maintenance Contract No. MRMC PW RECOMMENDATION THAT current Contract No.. MRMC with Fowler Construction Company Limited, which is for the maintenance of a number of District of Muskoka roadways, the majority being those that were downloaded from the Ministry of Transportation, be extended until April 30, 2010, under the same terms and conditions as in the original contract. ORIGIN The need to evaluate the current Contract No.. MRMC-03-01, for the maintenance of certain Muskoka roadways, which expires on April 30, ANALYSIS The District's existing contract with Fowler Construction Company Limited, for the provision of year round maintenance services on a number of Muskoka roadways, will expire on April 30, There is a clause that allows for an extension of this contract for an additional 2 years, if the performance of the contractor has been acceptable.. The determination as to a possible extension is to be made in November or early December of 2007, so the contractor and the District of Muskoka can plan accordingly. Fowler's performance and their cooperation throughout this contract has been exemplary. We would therefore recommend the extension of the existing contract with Fowler Construction Company Limited until April 30, 2010 under the same terms and conditions. Respectfully submitted, :/ Q'\ ~.. /' ~ //~'" ' - /' I.: / '- ;-IN.:::!/?<e // Noel W. Waters, CRS-S, CMMI Director of Roads and Waste Management Managing Our Legacy Together Page 11 of 47 Page 28 of 168

29 THE DISTRIG MUNICIPALITY OF MUSKOKA ENGINEERING & PUBLIC WORKS DEPARTMENT 70 PINE STREET, BRACEBRIDGE, ONTARIO P1L 1N3 Telephone (705) OR FAX (705) TO: FROM: DATE: SUBJECT: REPORT NO: Chair and Members Engineering and Public Works Committee NW. Waters Director of Roads and Waste Management November 19, 2007 Speed Limit On Baxter Transfer Station Access Roadway Township of Georgian Bay PW RECOMMENDATION THAT a by-law be prepared to establish a 60 km/hr speed limit on the entire new access road to the Baxter transfer station in the Township of Georgian Bay" ORIGIN The need to establish a speed limit on the new access roadway to the Baxter transfer station (sketch attached). ANALYSIS Access to the Baxter transfer station was from Highway #400. The Ministry of Transportation (MTO) is eliminating "at-grade" intersections with Highway #400, which meant they would have to close this existing access, However, prior to being able to close the access it was necessary for the MTO to provide an alternate access. This alternate access to the transfer site is now from Muskoka Road #48, and has recently been constructed by the MTO. The roadway is approximately 2 kilometers in length, and we feel that a speed limit of 60 km/hr would be reasonable. Respectfully submitted, {/~ Noel W. Waters, CRS-S, CMM I Director of Roads and Waste Management Managing Our Legacy Togetlier Page 12 of 47 Page 29 of 168

30 \ To Parry Sound. ~-_..., 34:.'.1one~~. Port '~~ em.-~.~y) 0 Page 13 of 47 Page 30 of 168

31 THE DISTRIG MUNICIPALITY OF MUSKOKA ENGINEERING AND PUBLIC WORKS DEPARTMENT 70 PINE STREET, BRACEBRIDGE, ONTARIO P1L 1N3 Telephone (705) OR Fax (705) N1NW.muskoka.onca TO: FROM: DATE: SUBJECT: REPORT NO: Chair and Members Engineering and Public Works Committee N. W. Waters Director of Roads and Waste Management November 20, 2007 Road Closure Muskoka Triathlon Muskoka Roads 2, 3, 9 and 10 - Huntsville PW RECOMMENDATION THAT Muskoka Roads 2,3,9 & 10 in the Town of Huntsville be temporarily closed on June 14 and 15, 2008, to accommodate the 2008 Muskoka Triathlon, as outlined in Report No. PW ORIGIN A request (correspondence attached) from Trisport Promotions Ltd. requesting the use of certain District Roads to accommodate the 2008 Muskoka Triathlon. ANALYSIS This event is held annually in the Town of Huntsville, and has been very successful. The Town supports this event, and the District Public Works department has no objection to this request.. The promoter of this triathlon has agreed to all our requirements regarding agreements and insurance. In speaking with the promoters of the event, they request that road closings be implemented as follows: June 14 June 14 June 15 Description MR 2 (Brunei Road)(Closed to all but local traffic) from Cora Street Southerly 10kms., MR 2 (Brunei Road)(Closed to all traffic) from MR 3 (Main Street) to Cora Street.. MR 2 (Brunei Road)(Closed to all but local traffic) from MR3 (Main Street) to MR 9 (South Portage Road) Length of Closure 3:45 p.m. to 6:15 p.m. 3:45 p.m. to 6:15 p.m. 8:30 a.m. to 12:30 p.m, "" 2 Managing Our Legacy Together Page 14 of 47 Page 31 of 168

32 Page 2 Description Length of Closure June 15 June 15 June 15 June 15 June 15 June 15 MR 10 (Port Sydney Road) (Closed to all but Local traffic) from MR 2 (Brunei Road) South'ly 4kms MR 9 (South Portage Road) (Closed to all but Local traffic) from MR 2 (Brunei Road) to MR 10 (Britannia Road) MR 10 (Britannia Road)(Closed to all but local traffic) from MR 9 (South Portage Road) to MR2 (Brunei Rd) MR 3 (Main Street)(Closed to all traffic) from Center Street to MR 2 (Brunei Road) MR 3 (Main Street)(Closed to all traffic) from MR 2 (Brunei Road) across bridge to John Street MR 3 (Main Street)(Closed to all but local traffic) from Center Street Westerly to railway tracks at Hutchisons Pit 8:30 a.m. to 11:30 a.m. 8:30 a.m. to 11:30 a.m. 8:30 a.m. to 11:30 a.m. 6:00 a.m. to 2:30 p.rn. 8:00 a.m. to 2:30 p.m. 10:30 a.m. to 1:30 p.m. Respectfully submitted, Noel W. Waters, CRS-S, CMM I Director of Roads and Waste Management Page 15 of 47 Page 32 of 168

33 2008 Muskoka Triathlon - June 14 Proposed Road Closures 3:45 p.m. - 6:15 p.m. - 1 Closed to all but local traffic Closed to all traffic 1:40,000 Page 33 of 168

34 2008 Muskoka Triathlon - June 15 Proposed Road Closures -!! ### 1:90,000 1 Closed to all but local traffic from 8:30 a.rn, to 12:30 p.m. Closed to all but local traffic from 8:30 a.rn, to 11:30 p.rn. Closed to all traffic from 6:00 a.m. to 2:30 p.m. Closed to all traffic from 8:00 a.rn, to 2:30 p.m. Closed to all but local traffic from 10:30 a.m. to 1:30 p.m. Page 34 of 168

35 Waters, Noel From: Sent: To: SUbject: Attachments: Neville, Shari Wednesday, October 10, 20074:29 PM Bruder, Ellen; Waters, Noel. FW: Muskoka Triathlon 2008 Muskoka Du first run.jpg; Muskoka Sprint20 km bike.jpg; Muskoka 5 km run.jpg; Muskoka 15 km run.jpg; Muskoka 55 km Bike2007.JPG... ~ _----,--_..._-,.,... _.._.._,._-_.- _,..-.._-_., _- --_._....'_., From: Instride Productions [mailto:instride@primus.ca] Sent: Wednesday, October 10, 20073:50 PM To: publicworks Subject: Muskoka Triathlon 2008 Districtof Muskoka 70 PineStreet Bracebridge On, PIL 1N3 Attention: Ellen Bruder October 10,2007 EllenBruder, This letteris a requestfor the DistrictOf Muskoka to officially approve the Muskoka Triathlon on Saturday June 14 th andsundayjune 15 th,2008. We askthat you lookoverthe intended 2008routes withrespectto theroadsin yourjurisdiction. If construction, whichincludes tar and chipping, is scheduled pleasecontact our office assoonas possible, so alternate arrangements can be made. We wouldalsorequestthe datesof othereventsin the areathatwould conflict with our chosen date. Ifthere are any formsthat mustbe submitted, pleaseforward them to Trisport Promotions CanadaInc. so that we can returnthemto you promptly. Race information is as follows: RaceName: Muskoka Triathlon RaceDate:SaturdayJune 14 th, Sunday June 15 th,2008 StartTime: Saturday 4p.mJ Sunday8 a.m. RaceLocation : Centennial Center, Huntsville Insurance: $5, General Liability Route: See Attached maps A similarletterwill be sent to the Town of Huntsville requesting theirapproval of the event. A letterwill alsobe sent to the Huntsville O.P.P.requesting theirassistance withtraffic control. If you have any questions or concerns do not hesitate to contact me. Thank you JerryFriesen Operations Director 1 Page 18 of 47 Page 35 of 168

36 THE DISTRIG MUNICIPALITY OF MUSKOKA ENGINEERING AND PUBLIC WORKS DEPARTMENT 70 PINE STREET, BRACEBRIDGE. ONTARIO P1L 1N3 Telephone (705) OR Fax (705) publicworks@muskoka.on..ca wwwmuskokaon..ca TO: FROM: DATE: SUBJECT: REPORT NO.: Chair and Members Engineering and Public Works Committee G.R. Bache, P. Eng. Director of Environmental Services November 29, 2007 Contract No Muskoka Beach Road Wastewater Treatment Plant Upgrades Contract - Scope Change PW RECOMMENDATION THAT Contract No , for the construction of major upgrades at the Muskoka Beach Road wastewater treatment plant in Gravenhurst, be amended in value to $4,859, excluding GST, to include additional work identified during construction, to be accommodated within the existing budget, as recommended in Report No. PW ; AND THAT the approved debt issuance in By-law for Muskoka Beach Road wastewater treatment plant be increased to $7,700,000.. ORIGIN Resolution No.. 34/2005 of District Council authorized the award of the subject contract to Peak Engineering and Construction Ltd. The value of the original contract excluding GST is $3,944, ANALYSIS Contract No was awarded and is nearing completion.. The contract included items to upgrade and renovate the facility. As the work of the contract progressed, additional upgrade work was identified, much of which requires action now. The need to deal with these issues now rather than later is driven by the nature of the work and the opportunity to deal with problems while they are exposed by the work of the current contract. There are two main options available to undertake this work. One option is to prepare new plans and specifications for the additional work and to go through another tendering process. This would involve engaging a consultant, preparing a design, producing contract documents, advertising the contract, awarding and executing the tender, re-mobilization costs, engaging the contract administrator, and administering a new contract. Managing Our Legac!1 Together Page 190f47 Page 36 of 168

37 -2- The other option is to requestquotations from the currentcontractor and increase the contractvalue. Using provisions in the contract, quotations for the work from the existing contractor may be obtained, reviewed and accepted if they are considered to be fairly priced. This approach takes advantage of the current consultant's expertise as well as the currentcontractor's knowledge of the facility and work performed to date. The resultis often a muchloweroverhead cost associated with the preparation of request for quotation and designdocuments since both parties havea clear understanding of the facility and the work required. Because the contractor is alreadyon site and familiarwith the work, the contractorcan more confidently estimate the labour, equipment and materials required. The quotations obtained usuallyreflect reduced contractor mark-ups since quoting, mobilization, risk factors. and administration costs are loweror alreadyaccounted for. Giventhe natureof the additional work required. the existing contractor was requested to submit quotations for Muskoka's consideration. The quotations havebeen reviewed and found to be fairly priced. There is no cost benefitfor Muskoka to undertake this work by tendering a new contract. In fact. there would likely be an overall increase in total projectcost as well as substantial delaysin performing the work. In view of the above. it is recommended that the existing contract value be increased from $3,944, to $4.859, (excluding GST) to permitthis workto be undertaken utilizing the engineerand contractor currentlyon site. No adjustment to the capitalbudget is required. SCHEDULE It is anticipated that the additional work will be undertaken over the courseof the coming winter and the spring of with completion on or beforethe final completion date currently specified in the contract. FINANCIAL The presently approved contractvalue requires adjustment to include additional quotedwork. which will be processed as changeorders. This projectis identified in Muskoka's capital budget and forecastas item If the recommendation presented above is accepted. the value of the contractwill be adjusted to $4.859, excluding GST. There are sufficient funds allocated in the life to date capital budgetfor this projectand no adjustmentis required. Respectfully submitted, With the concurrence of, -~ G.R. Bache, P. Eng. Directorof Environmental Services Sharon Donald Director of Budgets & Financial Planning Page 20 of4? Page 37 of 168

38 THE DISTRIG MUNICIPALITY OF MUSKOKA ENGINEERING AND PUBLIC WORKS DEPARTMENT 70 PINE STREET, BRACEBRIDGE, ONTARIO P1L 1N3 Telephone (705) OR Fax (705) on..ca TO: FROM: DATE: SUBJECT: REPORT NO.: Chair and Members Engineering and Public Works Committee A.J. White, P.Eng.. Commissioner of Engineering and Public Works November 30, 2007 Update On Drinking Water Quality Management Standards And The Municipal Drinking Water Licensing Program PW RECOMMENDATION None - For information only ORIGIN On October 11,2006, the Committee received report number PW regarding Ontario's new Drinking Water Quality Management Standard. The report included related information on a proposed municipal drinking water licensing program. This report provides an update to PW O. BACKGROUND Among other things, Part II of the report of the Commission of Enquiry into the Walkerton tragedy recommended the development of a municipal drinking water licensing program. Commissioner O'Connor recommended that all approvals for municipal drinking water systems be incorporated into a new approvals process - the Municipal Drinking Water Licence - and also that owners be required to implement a quality management approach to the operation and management of their drinking water systems. On May 4,2007, Ontario Regulation 188/07 - Licensing Of Municipal Drinking-Water Systems (made under the Safe Drinking Water Act) - came into force. The regulation requires owners of municipal drinking water systems to apply for a drinking water licence on or before a prescribed date. In Muskoka's case, the date is September 1, ANALYSIS The Municipal Drinking Water Licence Program will include five components as follows: 1) the development of an Operational Plan to outline the owner/operating authorities, processes and procedures for the overall management and operation of the drinking water system(s); Managing Our Legac!j Together Page 21 of 47.../2 Page 38 of 168

39 - 2-2) the Accreditation of the Operating Authority through certification by a third-party accreditation body of the operating authority having conformed to the requirements of the Drinking Water Quality Management Standard (DWQMS); 3) a valid Permit to Take Water; 4) a Drinking Water Works Permit (previously called a Certificate of Approval); and 5) a Financial Plan. Components 3 and 4 are, for the most part, already in place. Component 5 (the Financial Plan) must be delivered by September 1, 2009 along with components 1 (the Operational Plan) and 2 (the Accreditation). The DWQMS is designed to enable the Ministry to set out the methodology for the production of Operational Plans and Accreditation of the Operating Authority.. An overview of the licensing program produced by the Ministry of the Environment (MOE) is attached as Appendix "A". The DWQMS, a copy of which is attached as Appendix "B" is divided into the following four key areas, PLAN, DO, CHECK and IMPROVE. The DWQMS as well as directions issued by Ontario's Chief Drinking Water Inspector specify the following content requirements for Operational Plans: 1) Quality Management System 2) Quality Management System Policy 3) Commitment and Endorsement 4) Quality Management System Representative 5) Document and Records Control 6) Drinking Water System 7) Risk Assessment 8) Risk Assessment Outcomes 9) Organizational Structure, Roles, Responsibilities and Authorities 10) Competencies 11) Personnel Coverage 12) Communications 13) Essential Supplies and Services 14) Review and Provision of Infrastructure 15) Infrastructure Maintenance, Rehabilitation and Renewal 16) Sampling, Testing and Monitoring 17) Measurement and Recording Equipment Calibration and Maintenance 18) Emergency Management 19) Internal Audits 20) Management Review The MOE has published a 500 page guide for implementing quality management. Separate Operational Plans must be prepared for each of Muskoka's nine water systems. The preparation of these plans represents an enormous amount of work and adds another layer of cost onto systems that are already considered to be expensive. The risk assessment and risk management requirements alone have the potential to consume hundreds of person-hours. Although not as daunting a task, there is also the matter of the Financial Plans to consider. The basic requirements for these plans are set out in Ontario Regulation 453/07 which came into effect on August 14,2007" The MOE has published a guide for the preparation of the required Financial Plan that is a relatively short 114 pages lonq, Fortunately, it appears that only one plan will be needed for all nine systems and third party approval of the plan is not required. Page 22 of 47.../3 Page 39 of 168

40 - 3- On October 30,2007, the MOE held a workshop on the Drinking Water Licensing Program in Orillia. The Ministry staff involved in the workshop made much of the fact that municipal staff should produce the Operational Plans and that the use of outside help was neither necessary nor desirable. In the opinion of the undersigned, the Ministry has either drastically underestimated the level of effort needed to comply with the requirements of the Municipal Drinking Water Licensing Program or is labouring under the mistaken belief that those engaged in the production and distribution of drinking water are far from fully occupied. SUMMARY Compliance with the Municipal Drinking Water Licensing Program will require a significant level of effort from staff in the Engineering and Public Works Department and the Finance and Corporate Services Department. It is not possible to affix a cost to this effort, but it will be in the tens of thousands of dollars at least, This is not to suggest that the program is without merit. However, as with many of the regulatory initiatives taken since Walkerton, the licensing program seems to be underpinned by the notion that costs need not be considered when it comes to drinking water. At the very least, there appears to be an expectation that municipalities will absorb the related costs without complaint. Respectfully submitted, A.J" White, P.. Eng. Commissioner of Engineering and Public Works AJW:07report\bDWQMS1..doc Page 23 of 47 Page 40 of 168

41 A Municipal Drinking Water Llcen81ng Program Overview Cmunicipal drinking water..._----- licensing program Introduction The Ontario Government is implementating the Municipal Drinking Water Licensing Programas recommended byjustice O'Connor in the Part II Report of the Walkerton Inquiry. Justice O'Connor recommended a newapprovals framework for municipal drinkingwater systems, whichwouldrequire ownersto obtain a licence to operate their systems as wellas incorporatethe conceptof qualitymanagement into their operations. In order to meetthese recommendations, the Ministry of the Environment (MOE) has developed the Municipal Drinking Water Licensing Program, implemented under the Safe Drinking Water Act, 2002 (SDWA). The Licensing Program will replace the existingapprovals programfor municipal residentialdrinkingwater systems. What is a Municipal Drinking Water Licence? Amunicipal drinkingwater licenceis an approval that will be issued by the MOE to ownersunderthe SDWA for the operationof municipal residential drinkingwater systems.alicencewillbe issued oncethe ownerhas the following in placeforits system: 1. A DrinkingWater Works Permit (DWWP) a permit to establishor alter a drinking water system(togetherwith a licence, this will replace the certificatesof approval) 2. AD Aeeepted Operational Plan the plan willbe based on the DrinkingWater Quality Management Standard (DWQMS) the plan willdocument an operating authority'squalitymanagement system (QMS) 3. Aeereditation ofthe Operating Authority a third-partyaudit ofan operatingauthority's QMS will be the basis foraccreditation 4. A Financial Plan as requiredunder the FinancialPlans Regulation 5. A Permit to Take Water (PTTW) a validpttw is requiredto be in place Also, beforea licenceis issued,the Director appointedunderthe SDWA must be satisfiedthat the systemwillbe operated in accordance with the requirements underthe SDWA and the proposedconditions of the licence. Remember, this is only a summary Tobe clear about yourspecific legalrequirements, youshouldreferto the SafeDrinking Water Act, 2002, and theregulationsand other instruments madeunder that Act.For moreinformation, please access the Drinking Water Ontarioportal at or the Ministry's PublicInformation Centreat Page 41 of 168 PIES 6218e

42 Benefits of implementing a Quality.J.w Management....L1lil.lL> '-'.I. va. '-' "-'JlV"U...u ~'uqt'an1... Implementing a QMS fora municipal residential drinking watersystemhas a number of benefits: greaterefficiency and effectiveness which can minimize duplication improved management ofthe drinking water systemas consistent policies and procedures are communicated throughout the organization enhanced management and operation of a municipal residential drinking watersystem that supportsthe production ofsafedrinking water rolesand responsibilities are clearly defined and documented increased communication between the owner and the operating authority helpsto facilitate community confidence in the drinking watersupply and helps to fulfill the needsand expectations of consumers Submission Dates Owners are required to submit their operational plans and applications fora DWWP and licence on or before the dates prescribed bythe Licensing of Drinking-Water Systems Regulation (0. Reg.l88l(7). Thedates are phasedoveran 18month period. Large Municipalities January 1, 2009to February 1, 2009 over100,000 total servicepopulation Medium Municipalities March 1,2009 to February 1,2010 1,001 to 100,000 total service population Small Municipalities March 1,2010 to June 1,2010 1,000 or less total servicepopulation. Operational Plan Options Three options are available forthe submission of initialoperational plans: Option 1 Limited Scope - Partial DWQMS the ownerwilldocument and implement 12key elements ofthe DWQMS the operating authority willbe accredited upon successful completion of an auditbased on the documentation and implementation ofthese sections the remaining sectionsmustbe documented and implemented within12months of receiving a certificate of accreditation (limited scope). Upon successful completion of an audit,a certificate ofaccreditation (full scope) willbe issued Option 2 Limited Scope Entire DWQMS all elements ofthe DWQMS willbe documented in the operational planbut are not required to be implemented the operating authority willbe accredited uponsuccessful completion of an auditof the operational plandocument the full QMS mustthen be implemented within12 months of receiving a certificate of accreditation (limited scope). Upon successful completion of an audita certificate of accreditation (full scope) willbe issued Option 3 Full Scope Entire DWQMS all elements ofthe DWQMS willbe documented and implemented the operating authority willbe accredited uponsuccessful completion ofan auditof both the operational plandocument and the implementation ofthe QMS and willreceive a certificate ofaccreditation (full scope) from the accreditation body 2 Page 25 of4? Page 42 of 168

43 Roll-out of the Municipal Drinking Water Licensing Prograul Therequirement for owners ofmunicipal residential drinking watersystems to submit an operational planand applications fora DWWP and a licence willbe phasedin overismonths. Datesforthese submissions willstart January 1, 2009, withlargemunicipalities in the first two months, followed bymedium municipalities and then smallmunicipalities geographically from the southwest to the southeastto the north. When an ownerof a municipal residential drinking watersystemsubmits documents to the MOE, the operating authority willhave to submitthe operational planto the third-party accreditation body. Theaccreditation bodywill accreditthe operating authority basedon a successful audit. Itis anticipated that the MOE willbe entering into an agreement witha third-party accreditationbodyin late summer Responsibilities Owner: submit applications for a DWWP and a municipaldrinking waterlicence endorseand submit the operational planto the MOE develop financial plansbasedon prescribed requirements (proposal can be found on the Environmental Bill of Rights Registry) ensurethat the systemis ~ing operated by an accredited operating authority Operating Authority: togetherwiththe owner, develop an operationalplanand implement a QMS per the DWQMS Accreditation Body and Auditor: auditthe operational planand the QMS to verify conformance withthe DWQMS accreditthe operating authority per the auditor's recommendations provide a copy ofthe auditreport to the MOE forthe purposeofissuinga licence Ministry ofthe Environment: receive, review and accept/approve documentation relating to the Municipal Drinking Water Licensing Program's components of the SDWA and its associated regulations (e.g. operational plansand applications for DWWPs and licences, etc) issue DWWPs and licences to municipal residential drinking watersystemowners The Audit Cycle Theauditsofthe operating authority's QMS will be basedonthe ISO industry standardofa three yearcycle. Initiated whenthe operating authority receives a certificate of accreditation (fullscope) Year 1 - Surveillance Audit desktop review only, no on-site visit intended Year 2 - Surveillance Audit same as above Year 3 - Re-accreditatioD Audit willinclude a desktopand on-site auditof theqms ensureownerendorsement ofthe operational plan submit an application and operational plan to the accreditation bodyfor an auditafter the ownersubmits the operational plan to the MOE 3 Page 26 of4? Page 43 of 168

44 Supporting Material & Resources The following materials and resources are available: A guidance document on howto implement the DWQMS (e.g., how to develop an operational plan). The document also includes templates for procedures and examples of operational plans Programinformation and updates on Drinking Water Ontario Apocketguide on whatan ownerneedsto do to geta licenseand a plainlanguage summaryof the DWQMS. The following materials and resources are under development: Primerpackage - fact sheets, brochure, and other guidance material as required MOE workshops across the province (howto prepare an operational plan and implement the DWQMS) starting fall 2007 Training bythe Walkerton Clean Water Centre Apeer support program 4 Page 27 of 47 Page 44 of 168

45 Appendix "SD MINISTRY OF THE ENVIRONMENT DRINKING WATER QUALITY MANAGEMENT STANDARD October 2006 Page 28 of 47 Page 45 of 168

46 Drinking WaterQualityManagement Standard October2006 Introduction The Safe Drinking Water Act, 2002 (SDWA) requires Owners and Operating Authorities of municipal residential drinking-water systems to have an accredited Operating Authority. In order to become accredited, an Operating Authority must establish and maintain a Quality Management System (QMS). Minimum requirements for the QMS are specified in this Standard, the Drinking Water Quality Management Standard (DWQMS). Operating Authorities will be accredited by a third party Accreditation Body against the requirements of this Standard. Operational Plan The DWQMS requires an Operating Authority to document a Quality Management System for each 'subject system' that it operates in an Operational Plan which must be accepted by the Ministry of the Environment. The term subject system is used in the DWQMS to refer to either a municipal residential drinking-water system or an operational subsystem, as applicable in the circumstances. Where an Operating Authority is operating multiple subject systems, the Operating Authority may choose to develop QMS components that are common for all drinking-water systems. The Operational Plan for the subject system would contain these common components or would reference separate documents that would be available to users of the Operational Plan. The common QMS components would need to be implemented both at the subject system level and at the corporate level, and corporate roles, responsibilities and authorities would need to be documented for each level. Roles, Responsibilities and Authorities The DWQMS requires that roles. responsibilities and authorities be defined. Where the Owner and Operating Authority are the same entity, the Operational Plan should identify a specific person, persons or group of people within the entity and their respective Owner and/or Operating Authority roles, responsibilities and authorities. If the same person, persons or group of people are assigned both Owner and Operating Authority roles. responsibilities and authorities, then the requirement to communicate the OMS between Top Management and the Owner is met by the person, persons or group of people in possession of the information to be communicated. In cases where the Owner has not assigned Operating Authority roles. responsibilities and authorities to a specific person, persons or group of people within the entity. the Owner will assume all of the roles, responsibilities and authorities of the Operating Authority. If the Owner is not the same entity as the Operating Authority, s. 14 of the SDWA specifies that the Owner and the Operating Authority shall enter into an agreement that identifies. among other things. their respective responsibilities. Section 11 of the SDWA provides further Information on the Duties of Owners and Operating Authorities. Prescribed Dates Regulation A Prescribed Dates Regulation will be used to specify dates for the submission to the Ministry of the Environment of the first Operational Plans, applications for Drinking Water Works Permits and applications for Municipal Drinking-Water Licences. Subsequent submissions of Operational Plans and applications for Licence renewals will be required through conditions placed on the Licence. Page2 of 13 Page 29 of 47 Page 46 of 168

47 Drinking Water Quality Management Standard October 2006 Director's Direction A Director's Direction, issued underthe authority of the SDWA. will provide furtherdirection respecting the minimum content of Operational Plans as well as rules respecting document retention, public disclosure of information and other requirements that the Directorconsiders necessary for the purposes of the Act and its Regulations. Guidance Document The Ministry of the Environment has prepared a comprehensive guidance document entitled 'Drinking Water Quality Management System - Guidance Document' that outlines QMS and DWQMS concepts and provides guidance on the development, implementation. maintenance and continual improvement of a QualityManagement System. Page30f13 Page 30 of 47 Page 47 of 168

48 Drinking Water Quality Management Standard October 2006 Table of Contents i) Scope 5 ii) Terms and Definitions 5 PLAN AND DO elements of the Quality Management Standard 8 1. Quality Management System 8 2. Quality Management System Policy 8 3. Commitment and Endorsement 8 4. Quality Management Syst.m Representative 8 5. Documentand Records Control 9 6. Drinking-Water System 9 7. RiskAssessment Risk Assessment Outcomes Organizational Structure, Roles, R.sponsibllitles and Authorltl.s 10 1O. Comp.t.nci.s Personnel Cov.rage Communications Essential Supplies and Services Review and Provision ofinfrastructure Infrastructure Maintenance, Rehabilitation and Renewal Sampling, Testing and Monitorlng Measurement and Recording EquipmentCalibration and Maintenance Emerg.ncy Management 12 CHECK elementsofthe Quality Manag.ment Standard Internal Audits Management Revi.w 13 IMPROVE el.ment ofthe Quality ManagementStandard Continuallmprov.ment 13 Page 4 of 13 Page 31 of 47 Page 48 of 168

49 DrinkingWaterQualityManagement Standard October 2006 Drinking Water Quality Management Standard i) Scope This Standard specifies minimum requirements for the QualityManagement System of an Operating Authority for a subject system: a.) to facilitate the Operating Authority's abilityto consistently produce and/ordeliver drinking waterthat meets applicable legislative, regulatory and Owner requirements, and b.) to enhance consumer protection through the effective application and continual improvement of the Quality Management System. ii) Terms and Definitions Applicable Legislative and Regulatory Requirements- the SafeDrinkingWaterAct, 2002, the Ontario WaterResources Act, and all regulations and instruments issuedunder these Acts whichare associated with drinking water. Audit - a systematic and documented verification process that involves objectively obtaining and evaluating documents and processes to determine whethera Quality Management System conforms to the requirements of this Standard. Consumer - the drinking waterend user. Corrective Action - actionto eliminate the causeof a detected nonconformity of the QMS with the requirements of the DWQMS or other undesirable situation. Critical Control Limit - the pointat whicha Critical Control Pointresponse procedure is initiated. Critical Control Point - an essential step or point in the subjectsystemat whichcontrol can be applied by the Operating Authority to prevent or eliminate a drinking-water health hazard or to reduce it to an acceptable level. Document - includes a soundrecording, videotape, film, photograph, chart, graph, map, plan, survey, bookof account, and information recorded or stored by meansof any device. Drinking-Water Health Hazard- means, in respect of a drinking-water system, a.) a condition of the system or a condition associated with the systems' waters, including anything found in the waters, i.) that adversely affects, or is likelyto adversely affect,the health of the users of the system, ii.) that detersor hinders, or is likelyto deter or hinder, the prevention or suppression of disease, or iil) that endangers or is likelyto endanger public health, b.) a prescribed condition of the drinking-water system or, c.) a prescribed condition associated with the system's watersor the presence of a prescribed thing in the waters Drinking Water Quality ManagementStandard (DWQMS) - this Standard and its collective requirements for a QualityManagement System. Page 5 of 13 Page 32 of 47 Page 49 of 168

50 Drinking Water Quality Management Standard October 2006 Drinking-Water System - means a system of works, excluding plumbing, that is established for the purposes of providing usersof the systemwith drinking water and that includes, a.) anything usedfor the collection, production, treatment, storage. supplyor distribution of water, b.) anything that relates to the management of residue from the treatment process or the management of the discharge of a substance into the naturalenvironment fromthe treatment system, and c.) a well or intakethat serves as the source or entry pointof rawwater supplyfor the system Municipal Drinking-Water System - means a drinking-water system or part of a drinkingwater system, a.) that is owned by a municipality or by a municipal serviceboardestablished under section 195of the Municipal Act, 2001, b.) that is owned by a corporation established undersection203 of the Municipal Act, 2001, c.) from which a municipality obtains or will obtain water underthe terms of a contract between the municipality andthe ownerof the system, or d.) that is in a prescribed class. Municipal Residential Drinking-Water System - a large municipal residential systemor a small municipal residential system as defined in O. Reg. 170/03. Operating Authority - means. in respect of a SUbject System, the person or entitythat is given responsibility by the ownerfor the operation, management. maintenance or alteration of the SubjectSystem. Operational Plan - means, in respect of a Subject System. the operational plan required by the Director's Direction. Operational Subsystem - means a part of a Municipal Residential Drinking-Water System operated by a singleoperating Authority and designated by the Owneras being an Operational Subsystem. Owner - includes. in respect of a drinking-water system. every personwho is a legal or beneficial ownerof all or partof the system, but doesnot includethe OntarioCleanWater Agencyor any of its predecessors wherethe Agency or predecessor is registered on title as the ownerof the system. Public - subject system consumers and stakeholders. Quality ManagementSystem (QMS) - a system to: a.) establish policyand objectives, and to achieve thoseobjectives. and b.) directand control an organization with regard to quality. Record - a document stating results achieved or providing proofof activities performed. Page6of13 Page 33 of 47 Page 50 of 168

51 IDrinkingWater QualityManagement Standard October2006 Subject System - means: a.) a Municipal Residential Drinking-Water System wherethe systemis operated by one Operating Authority, or b.) an Operational Subsystem wheretwo or moreparts of a Municipal Residential Drinking-Water System are operated by differentoperating Authorities. Supplier - an organization or person that provides a productor servicethat affects drinking water quality. Top Management - a person, persons or a group of peopleat the highestmanagement level within an Operating Authority that makesdecisions respecting the OMS and recommendations to the Ownerrespecting the subjectsystemor SUbject systems. Page7 of 13 Page 34 of4? Page 51 of 168

52 Drinking Water Quality Management Standard October 2006 PLAN AND DO elements of the Quality ManagementStandard 1. Quality ManagementSystem PLAN- The Operational Plan shalldocument a Quality Management System that meets the requirements of this Standard. DO- The Operating Authority shallestablish and maintain the QualityManagement System in accordance with the requirements of this Standard and the policies and procedures documented in the Operational Plan. 2. Quality ManagementSystem Policy PLAN- The Operational Plan shall document a QualityManagement System Policythat provides the foundation for the QualityManagement System. and: a.) is appropriate for the size and type of the subject system. b.) includes a commitment to the maintenance and continual improvement of the QualityManagement System, c.) includes a commitment to the consumer to provide safe drinking water, d.) includes a commitment to comply with applicable legislation and regulations. and e.) is in a formthat provides for readycommunication to all Operating Authority personnel. the Owner and the public. DO- The Operating Authority shallestablish and maintain a QualityManagement System that is consistent withthe Policy. 3. Commitment and Endorsement PLAN- The Operational Plan shallcontain a writtenendorsement of its contents by Top Management and the Owner. DO- Top Management shall provide evidence of its commitment to an effective Quality Management System by: a.) ensuring that a QualityManagement System is in placethat meetsthe requirements of this Standard, b.) ensuring that the Operating Authority is aware of all applicable legislative and regulatory requirements, c.) communicating the QualityManagement System according to the procedure for communications, and d.) determining, obtaining or providing the resources needed to maintain and continually improve the Quality Management System. 4. Quality Management System Representative PLAN- The Operational Planshall identifya Quality Management System representative. DO - Top Management shallappoint and authorize a Quality Management System representative who. irrespective of otherresponsibilities. shall: a.) administer the Quality Management System by ensuring that processes and procedures needed for the QualityManagement System are established and maintained, b.) reportto Top Management on the performance of the QualityManagement System and any needfor improvement. Page8of13 Page 35 of 47 Page 52 of 168

53 DrinkingWaterQuality Management Standard October 2006 c.) ensure that current versions of documents required by the Quality Management System are being usedat all times, d.) ensure that personnel are awareof all applicable legislative and regulatory requirements that pertain to their dutiesfor the operation of the subject system. and e.) promote awareness of thequalitymanagement System throughout the Operating Authority. 5. Document and Records Control PLAN - The Operational Plan shall document a procedure for document and records control that describes how: a.) documents required by the Quality Management System are: i. keptcurrent, legible and readily identifiable ii. retrievable iii. stored, protected, retained and disposed of. and b.) records required by the Quality Management System are: i. keptlegible, and readily identifiable ii. retrievable iii. stored, protected, retained and disposed of. DO - The Operating Authority shallimplement and conform to the procedure for document and records control and shallensure that the Quality Management System documentation for the SUbject system includes: a.) the Operational Planand its associated policies and procedures, b.) documents and records determined by the Operating Authority as being needed to ensure the effective planning, operation and control of its operations, and c.) the results of intemal andexternal auditsandmanagement reviews. 6. Drin~ng.WmerSysMm PLAN - The Operational Planshalldocument, as applicable: a.) forthe subject system: i. a description of the system including all treatment processes and distribution system components ii. the nameof the Ownerand Operating Authority iii. a process flow chart iv. a description of the watersource, including: l, general characteristics of the rawwatersupply ii. common event-driven fluctuations and iii. any resulting operational challenges andthreats v. a description of any critical upstream or downstream processes relied uponto ensure the provision of safedrinking water. b.) if the SUbject system is an operational subsystem, a summary description of the municipal residential drinking-water system It is a partof. c.) if the SUbject system is connected to one or more other drinking-water systems owned by different owners, a summary description of thosesystems which: i. indicates whether the SUbject system obtains water from or supplies waterto those systems, and ii. names the Ownerand Operating Authority of thosesystems. DO - The Operating Authority shall ensure that the description of the drinking-water system is keptcurrent. Page9 of13 Page 36 of 47 Page 53 of 168

54 DrinkingWaterQualityManagement Standard October2006 l i- --l 7. Risk Assessment PLAN - The Operational Planshalldocument a risk assessment process that: a.) identifies potential hazardous events and associated hazards, b.) assesses the risksassociated with the occurrence of hazardous events, c.) ranksthe hazardous events according to the associated risk, d.) identifies control measures to address the potential hazards and hazardous events, e.) identifies critical control points, f.) identifies a method to verifyat least once a year, the currency of the information and the validity of the assumptions usedin the risk assessment, g.) ensures that a risk assessment is conducted at least once every thirty-six months, and h.) considers the reliability and redundancy of equipment. DO- The Operating Authority shallperform a risk assessment consistent with the documented process. 8. Risk Assessment Outcomes PLAN - The Operational Planshalldocument: a.) the identified potential hazardous eventsandassociated hazards, b.) the assessed risksassociated with the occurrence of hazardous events, c.) the ranked hazardous events, d.) the identified control measures to address the potential hazards and hazardous events, e.) the identified critical control pointsandtheir respective critical control limits, f.) procedures and/orprocesses to monitor the critical control limits, g.) procedures to respond to deviations fromthe critical control limits, and h.) procedures for reporting and recording deviations fromthe critical control limits. DO- The Operating Authority shallimplement and conform to the procedures. 9. Organizational Structure, Roles, Responsibilities and Authorities PLAN- The Operational Planshall: a.) describe the organizational structure of the Operating Authority including respective roles, responsibilities andauthorities, b.) delineate corporate oversight roles, responsibilities and authorities in the case where the Operating Authority operates multiple subject systems, c.) identify the person, persons or groupof people withinthe management structure of the organization responsible for undertaking the Management Review, d.) identify the person, persons or groupof people having Top Management responsibilities required by this Standard, along with their responsibilities, and e.) identifythe Ownerof the subject system. DO- The Operating Authority shallkeepcurrent the description of the organizational structure including respective roles, responsibilities andauthorities, and shall communicate this information to Operating Authority personnel andthe Owner. 10. Competencies PLAN - The Operational Plan shalldocument: a.) competencies required for personnel performing duties directlyaffecting drinking waterquality, Page 10 of 13 Page 37 of 47 Page 54 of 168

55 [Drinking Water QualityManagement Standard October 2006 b.) activities to develop and maintain competencies for personnel performing duties directlyaffecting drinking waterquality, and c.) activities to ensure that personnel are awareof the relevance of their dutiesand howthey affectsafedrinking water. DO- The Operating Authority shall undertake activities to: a.) meetand maintain competencies for personnel directlyaffecting drinking water qualityand shall maintain records of theseactivities, and b.) ensure that personnel are awareof the relevance of their dutiesand how they affect safe drinking water, and shall maintain records of theseactivities. 11. Personnel Coverage PLAN - The Operational Plan shalldocument a procedure to ensure that sufficient personnel meeting the identified competencies are available for dutiesthat directly affect drinkingwaterquality. DO- The Operating Authority shall implement and conform to the procedure. 12. Communications PLAN - The Operational Planshalldocument a procedure for communications that describes how the relevant aspects of the Quality Management System are communicated between Top Management and: a.) the Owner, b.) Operating Authority personnel, c.) Suppliers, and d.) the public. DO- The Operating Authority shall implement and conform to the procedure. 13. Essential Supplies and Services PLAN - The Operational Planshall: a.) identifyall supplies and services essential for the deliveryof safe drinking water and shall state, for eachsupply or service, the means to ensure its procurement. and b.) includea procedure by whichthe Operating Authority ensures the quality of essential supplies and services, in as muchas they may affectdrinkingwater quality. DO - The Operating Authority shall implement and conform to the procedure. 14. Review and ProvisIon of Infrastructure PLAN - The Operational Plan shall document a procedure for the annual reviewof the adequacy of the infrastructure necessary to operate and maintain the subjectsystem. DO - The Operating Authority shall implement and conform to the procedure and communicate the findings of the reviewto the Owner. 15. Infrastructure Maintenance, Rehabilitation and Renewal PLAN - The Operational Plan shalldocument a summary of the Operating Authority's infrastructure maintenance. rehabilitation and renewal programs for the subjectsystem. Page 11of13 Page 38 of4? Page 55 of 168

56 Drinking Water Quality Management Standard October 2006 DO- The Operating Authority shall: a.) keepthe summary current, b.) communicate the programs to the Owner. and c.) monitorthe effectiveness of the maintenance program. 16. Sampling, Testing and Monitoring PLAN- The Operational Planshalldocument: a.) a sampling, testing and monitoring procedure for process control andfinished drinking waterquality including requirements for sampling, testingand monitoring at the conditions mostchallenging to the subject system, b.) a description of any relevant sampling, testing or monitoring activities that take placeupstream of the subject system, and c.) a procedure that describes how sampling, testing and monitoring results are recorded and shared between the Operating Authority and the Owner, where applicable. DO - The Operating Authority shall implement and conform to the procedures. 17. Measurement and Recording Equipment Calibration and Maintenance PLAN- The Operational Plan shalldocument a procedure for the calibration and maintenance of measurement and recording equipment. DO - The Operating Authority shall implement and conform to the procedure. 18. Emergency Management PLAN- The Operational Plan shalldocument a procedure to maintain a state of emergency preparedness that includes: a.) a list of potential emergency situations or service interruptions, b.) processes for emergency response and recovery, c.) emergency response training and testing requirements, d.) Ownerand Operating Authority responsibilities duringemergency situations, e.) references to municipal emergency planning measures as appropriate, and f.) an emergency communication protocol and an up-to-date list of emergency contacts. DO- The Operating Authority shall implement and conform to the procedure. CHECK elements of the Quality ManagementStandard 19. Internal Audits PLAN- The Operational Plan shalldocument a procedure for internal auditsthat: a.) evaluates conformity of the QMSwith the requirements of this Standard. b.) identifies intemalaudit criteria. frequency, scope, methodology and recordkeeping requirements, c.) considers previous intemaland external auditresults, and d.) describes howqualitymanagement System corrective actionsare identified and initiated. DO - The Operating Authority shall implement and conform to the procedure and shall ensurethat internal auditsare conducted at leastonce everytwelvemonths. Page 12 of13 Page 39 of4? Page 56 of 168

57 DrinkingWater QualityManagement Standard October Management Review PLAN - TheOperational Planshalldocument a procedure for management review that evaluates the continuing suitability, adequacy and effectiveness of the Quality Management System and that includes consideration of: a.) incidents of regulatory non-compliance, b.) incidents of adverse drinking-water tests, co) deviations fromcritical control pointlimitsand response actions, do) the efficacy of the risk assessment process, e.) intemal andthird-party auditresults, f.) results of emergency response testing, g.) operational performance. h.) rawwatersupply and drinking waterqualitytrends. i.) follow-up on action itemsfromprevious management reviews. j.) the statusof management action itemsidentified between reviews. k.) changes that could affectthe Quality Management System, I.) consumer feedback, m.) the resources needed to maintain the Quality Management System, n.) the results of the infrastructure review, 0.) Operational Plancurrency. content and updates, and p.) staffsuggestions. DO - Top Management shall implement and conform to the procedure and shall: a.) ensure that a management review is conducted at leastonceeverytwelve months, b.) consider the results of the management review and identifydeficiencies and actionitemsto address the deficiencies, c.) provide a record of any decisions and action itemsrelated to the management review including the personnel responsible for delivering the actionitemsand the proposed timelines for theirimplementation. and d.) reportthe results of the management review, the identified deficiencies, decisions andaction itemsto the Owner. IMPROVEelement of the Quality Management Standard 21. Continual Improvement DO - The Operating Authority shallstrive to continually improve the effectiveness of its QualityManagement System through the useof corrective actions. Page13of 13 Page 40 of 47 Page 57 of 168

58 THE DISTRIG MUNICIPALITY OF MUSKOKA ENGINEERING AND PUBLIC WORKS DEPARTMENT 70 PINE STREET, BRACEBRIDGE, ONTARIO P1L 1N3 Telephone (705) OR Fax (705) TO: FROM: DATE: SUBJECT: REPORT NO.: Chair and Members Engineering and Public Works Committee Kevin Austin, P"Eng. Manager of Contract and Engineering Services November 27,2007 Proposed Watermain Extension Silver Street Town of Huntsville PW RECOMMENDATION THAT authorization be granted to construct a watermain extension on Silver Street in the Town of Huntsville; and THAT the project be included in the 2008 capital budget with approved debenture financing in the amount of $252,325.. ORIGIN On November 12, 2007 Muskoka District Council adopted Resolution R105/2007 of the Engineering & Public Works Committee (Report No. PW ), that Muskoka enter into a Servicing Agreement for the provision of municipal water services to a development known as Silver Street Developments Inc. ANALYSIS In 1975 and 1976, the Ontario Ministry of the Environment (MOE), installed sanitary sewers on Silver Street as part of a larger environmental program in Huntsville. During the installation, several wells on this street were damaged due to blasting. At that time the MOE opted to drill new wells for those affected properties. When municipal water was extended to this part of Huntsville in early 1981 and 1982, a watermain was not constructed on Silver Street, due largely to objections from the property owners and the relatively recent investment in the wells. This created a single service area in this part of the Urban Service Area that exists only on Silver Street...2 Managing Our Legacy Together Page 41 of47 Page 58 of 168

59 - Page 2- Services to connect Silver Street Developments Inc. property to the existing municipal water system will pass in front ofthree properties on the northern part of Silver Street. This will leave only ten properties in the urban service area in this location without full municipal services. At the time Silver Street Developments Inc. undertakes its work. the remaining properties would be serviced. This means that property owners benefiting from the water extension should pay a local Improvement charge. It is worthy of note that these properties were scheduled to receive water service in the year 2008 under the now defunct build out initiative. EXISTING POLICY Sections 4.12 and 4.14 of Administration Policy AD-22 - Local Improvements, provides for Council to approve proceeding with a local improvement, without polling the affected property owners, where Council deems it to be in the best interest of Muskoka. FINANCIAL The estimated cost of the extemal water works is $440,000. Thirteen properties would be charged $3,625 for water realizing $ The cost of servicing three northerly properties would be split between the developer ($187,675) and local improvement charges on the three lots ($10.875), thus there would be no net financial impact on the District water rates. Servicing the remaining properties would be split between the property owners ($36.250) and Muskoka ($205,200). These works would be included in the 2008 Capital Budget for Muskoka. Respectfully submitted. With the concurrence of, Kevin Austin. P. Eng. Manager of Contract and Engineering Services Sharon Donald Director of Budget and Financial Planning Page 42 of 47 Page 59 of 168

60 Benefiting Properties Proposed Watermain Extension - Silver Street Town of Huntsville o :3, Page 60 of 168

61 To: RelayFax via port COM5 11/28/ : From: :45:21 AM (Page 1 of 1) SOUTH MUSKOKA MEM H PAGE 01/01 November ,2007 Mr. Kevin Austin Manager of Contract and Engineerina Services Engineering andpublic Works Department 70Pine Street Bracebridge, Ontario PIH 1M2 Fax Re: 57 gllv"street. Property Number Dear Mr. Austin: Myname is Betty Scott. I am living onmyownnow as myhusband passed away two years ago. I amliving on Canada Pension andamjust barely making ends meetto keep myhome. 1do notwant water service provided bythe Town of Huntsville as I have a perfectly good well. Although there may be some economic benefits tothe Town by installing a water service in youreyes, there is nobenefit to myself. If Silver Street Developments Inc. wants to getmunicipal water services theni have no problem withit. However, ifthey want meto payfor something thati won't be hooking upto, forget it! If youproceed to billme,it willforce mefrom myhome as I cannot afford the $3, (2007 amount). Is thiswhat you want? Toforce a woman from herhome that she has been in for sixty years? Shame onyou! Respectfully, I---LLgPJ~-' Betty Scott 57 SilverStreet Huntsville. Ontario PIH 1M2 Page 44 of4? Page 61 of 168

62 To: RelayFax via port COM5 11/28/ : From: /28/ :31 :59AM (Page 2 of 2) MAINTENANCE PAGE 132 A. ',J" The DistrictMunicinaJity of Muskokl! KevinAustin Engineering and PublicWorks D~ November Dear Mr. Austin, We are in receipt of your letterofnovember concerning municipal walclj.' service in2008 on.silver Street. In respoase to the proposal we are not intefested withj~e prospects oftown watercomingup our street. We can not afford the "special charges". that we will incurby this endeavor. OUtpresent.citcumstances ere.tbatwe.have.. a.vexy fine watersource (drilled well) andin abundance ofwater. We do not believe we should'dare thefinancial burdenat-the expenseof financial gainby entrepreneuts from out of town building condos on Sily,r Street. We havelived in this neighborhood for fifty yearsand we believe our opinloe], viewsand.shonld be regarded withau. ' Sincerely. 1A/'."J\ j f) (~~- I~' ~~ ~~~ Dorothy Green John Cochmue Wade"Cochrane (Residents of53 Silver Street) Page 45 of4? Page 62 of 168

63 To: RelayFax via port COM5 12/03/ : From: MAINTENANCE 12/3/20078:20:17 AM (Page 2 of 2) PAGE 02 CarolCockram 33 Silver Street Huntsville, Ontario P1H 1M2 November 28,2007 TheDistrictMunicipality ofmuskoka 70 Pine Street Bracebridge, Ontario P1L IN3 Attn: Kevin Austin, P. Eng.. Dear Kevin: I am in receipt ofyour letter datednovember 9,2007. This letter is beingwrittento inform the Districtof Muskaka and the Developers of SilverStreet Developments that I am not interested in TownWater beinginstalled on SilverStreet. The District ofmuskaka had wellsdrilled back in 1979during the installation ofthe Sewer system. My well provides mewith a sufficient water supply. I am on a very low fixed SENIORincome and can not afford any additional expense whether it is on my Municipal Taxesor direct payment. This installation is to benefita development at my expense. The TownHousesthat are proposed to not fit the decor ofthis street as it is mostly a low income residential street. Please acceptthis letter as my complaint against the installation of TownWater on Silver Street. Sincerely, ~~ Carol Cockram Page 46 of 47 Page 63 of 168

64 To: RelayFax via port COM5 12/03/ : From: MAINTENANCE 12/3/2007 8:21 :58AM (Page 2 of 2) PAGE 02 Susan and John (Ted) Bionda 31 SilverStreet Huntsville, Ontario P1H 1M2 November 28,2007 TheDistrictMunicipality ofmuskoka 70Pine Street Bracebridge, Ontario PIL IN3 Attn: Kevin Austin, P. Eng. Dear Kevin: We are in receipt of the letter from the DistrictofMuskoka dated November 9,2007, We are sendingyou this letter in objection to the installation oftown Water on Silver Street. At the presenttime we have a drilled well that provides us with an abundance of water. This driij.ed well was done at the expense of the District in 1979during the Sewer Installation. We d.o not feel that we shouldhaveto hookup to TownWaterat the expense of out of town developers who wish to makea financial gain at our expense. Please acceptthis letter as our complaint againstthe installation of Town Water on Silver Street. Page 47 of 47 Page 64 of 168

65 THE DISTRICT MUNICIPALITY OF MUSKOKA PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MEETING NO" PED PLACE: TIME: DATE: PRESENT: ABSENT: OFFICIALS PRESENT: ALSO PRESENT: Oak Room, District Administration BUilding 9:00 a.rn. December 6, 2007 Committee Chair S. Young; District Chair G" Adams; Members B.. Boivin, G,,; Young, N.. Thompson T. Pilger; G.. Sutcliffe J. Green, Chief Administrative Officer; M. French, Commissioner of Planning & Economic Development S.. Hastings, Director of Policy & Programs; D.. Hammond, Director of Planning Services; G.. Good, Manager of Geomatics; M.. Stirling, Manager, Muskoka Airport; M.. Halford, Planner; S. Lucas, Planner; S. Yeoman, Deputy Clerk CALL TO ORDER Committee Chair Young called the meeting to order at 9:00 a.m. DECLARATION OF PECUNIARY INTERESTS None were declared at this time.. ASSIGNED FUNCTIONS a) Official Plan Amendment No Township of Georgian Bay Official Plan Notice Requirements and Condominium Roads Report No. PED Ms. Halford outlined the proposed amendment which would enhance the policies for public notification of planning applications within the Township of Georgian Bay and permit development to be accessed by private condominium roads within Secondary Urban Communities. Page 65 of 168

66 Moved by N. Thompson and seconded by 8, Young R51/2007 THAT Amendment No. 16 to the Official Plan of the Township of Georgian Bay, as adopted by Township By-Law No, be approved. Carried, b) Subdivision File No. S (Eagle Ridge Subdivision) Part of Lot 15, Concession 2, Chaffey, Town of Huntsville Report No. PED Mr.. Lucas provided the Committee with a general overview of the proposed plan of subdivision prior to the required public meeting being held. FINANCIAL AND ADMINISTRATIVE MATTERS a) Staff Complement - Planning and Economic Development Department Report No. PED Mrs. French presented her report with respect to the need of additional staff resources to support the growing Geographic Information System (GIS) program and increasing demands of Planning Policy and Programs. During a review of the growth of the programs and the scope of the proposed additional positions, Mrs" French responded to Councillor Young's question with respect to economic development initiatives and Councillor Thompson's inquiry regarding cost recovery for planning services provided to Area Municipalities. Moved by N. Thompson and seconded by G" Young R THAT the changes to the staff complement for the Planning and Economic Development Department as recommended in Report No. PED be approved. Carried, INFORMATION AND OTHER ITEMS a) 2007 Year-End Department Activity Report Report No. PED Committee members reviewed the 2007 Year-End Department Activity Report which describes the major activities of the Planning and Economic Development Department for 2007, Page 66 of 168

67 b) New Subdivision/Condominium Applications i.. ii.. Condominium File No. C , Mineral Springs Phase II, located on Part of Lots 8 and 9, concession 9, Chaffey, Town of Huntsville, was received on September 13, 2007 and deemed to be a complete application on October 11, Condominium File No. C , Dairy Lane Heights, located on Part of Lot 13, Concession 12, Chaffey, Town of Huntsville, was received on October 29, 2007 and deemed to be a complete application on November 21, c) Extension to Draft Approval i.. ii. Subdivision File No. S2002-8, Beechwood Forest Corp., located on Part of Lot 8, Concession 6, Muskoka, Town of Gravenhurst, was granted a two-year extension to October 16, Subdivision File No. S2000-1, Clark Homestead-Muskoka Highlands, located on Lots 3, 4,5, Concession 3, Monck, Town of Bracebridge, was granted a twoyear extension to November 30, 2009, iii. Subdivision File No. S2001-2, Riley, located on Part of Lot 13, Concession 14, Brunei, Town of Huntsville, was granted a two-year extension to November 21, d) Closing of Subdivision/Condominium File i. Subdivision File No. 44T-98002, Ungerman et al. (Gateway) located on Part Blocks R, X, P, Q, S, T, U, Plan 24, town of Gravenhurst was registered on July 13, 2007 and the file was closed on November 2, 2007" CLOSED SESSION The Committee retired to closed session at 9:40 a.m. Moved by 8., Boivin and seconded by N.. Thompson THAT we do now retire to Planning and Economic Development Committee in closed session to discuss the following,," (i) (ii) iii) the potential sale of one parcel of land at the Muskoka Airport; the potential lease of one parcel of land at the Muskoka Airport, a litigation matter respecting Muskoka Lakes By-Law ("Muskoka Chairs') Carried. Page 67 of 168

68 NEW BUSINESS Moved by G, Young and seconded by N. Thompson THAT we do now rise from the Planning and Economic Development Committee in closed session and immediately reconvene in open session.. a) Lease at Muskoka Airport - Freedom Flite Report No. PED Carried. Moved by G" Young and seconded by N. Thompson R53/2007 THAT the request to assign the existing lease, numbered T-1076 between The District Municipality of Muskoka and Derrick Victor Drury, to Terry Mayhew be denied;' AND THAT The District Municipality of Muskoka be authorized to enter into a new land lease with Terry Mayhew of Freedom Flite, for the lands currently referred to in lease number T-1076, for a maximum period of 20 years at the rates established from time to time by District Council;' AND THAT the terms and conditions of the said lease are to be to the satisfaction of the Commissioner of Planning and Economic Development and the District Solicitor;' AND THAT the permitted uses be limited to aircraft sales and maintenance, and commercial aviation uses, b) Sale of Property to Northern Air Solutions Report No. PED Carried" Moved by B. Boivin and seconded by G. Young R54/2007 THAT the proposal received from Northern Air Solutions Incorporated on October 30, 2007 to purchase a lot at the Muskoka Airport for the price of$69,300, be accepted; Page 68 of 168

69 AND THAT the permitted uses be limited to commercial aviation activities and accessory uses including an office and training area. Carried. ADJOURNMENT The meeting adjourned at 10 a.m, Moved by N. Thompson and seconded by B. Boivin THAT the Planning and Economic Development Committee adjourns to meet again on Thursday, January 17, 2008 or at the call of the Chair, Carried" Chair, Planning & Economic Development Committee District Clerk Page 69 of 168

70 THE DISTRIG MUNICIPALITY OF MUSKOKA PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT 70 PINE STREET, BRACEBRIDGE, ONTARIO P1 L 1N3 Telephone (705) OR (705 area code) Fax (705) wwwmuskokaon ca TO: FROM: DATE: SUBJECT: Chair and Members Planning and Economic Development Committee Melissa Halford Planner November 15, 2007 Official Plan Amendment No 16 - Township of Georgian Bay Official Plan Notice Requirements and Condominium Roads REPORT NO: RECOMMENDATION PED , ,---_.,..._----, THAT Amendment No 16 to the Official Plan of the Township of Georgian Bay, as adopted by Township By-law No" , be approved ORIGIN The Township of Georgian Bay has adopted Amendment No 16 to their Official Plan by By-law 200'7-87, and has submitted it for approval by Muskoka District Council A copy of the Amendment is attached in Appendix 'I' ANALYSIS Purpose of Amendment No 16 The purpose of Amendment No, 16 is to enhance the policies for public notification of planning applications within the Township" The amendment will also permit development to be accessed by private condominium roads within Secondary Urban Communities, Background Amendment No 11 to the Official Plan of the Township of Georgian Bay was approved on October 4, 1999" It established policies on public consultation for official plan amendments, zoning by-laws and amendments, and community improvements plans However, there are currently no policies within the Official Plan that deal with the notification process for consent and minor variance applications Amendment No 16 will include such policies as well as enhance the current public notice procedures by increasing the notice circulation distance from a property that is subject to a planning application. The increased distance will ensure that property owners along the Georgian Bay coastline receive notice of upcoming public meetings In addition, private condominium roads are currently not permitted within the Secondary Urban Communities of the Township, At the time of the adoption of the current Township Official Plan, the new Condominium Act RS,O 1998 had just come into effect and the types of condominiums permitted (ie vacant land and common element) were not fully understood Now that these forms of ownership are being more widely employed in current development proposals, the Township wishes to include policy in the Secondary Urban Community designation which would facilitate access by way of a condominium road.. Managing Our Legacy Together Page 70 of 168

71 Proposal While the revised notification requirements would apply to all lands within the Township, the policy that recognizes private condominium roads as permitted roads would only apply within Secondary Urban Communities. Generally, the amendment seeks to meet or exceed the public notification requirements set out in the Planning Act The table below outlines some of the more notable amendments to the public notification procedures -_._--_._._-_._._~_..._----_ _.._---_.- Ten (10) days notice before a Twenty (20) days notice before a..._-_.._--_.--.--:::----:-:=-:- Planning A Iication Official Plan Amendments and Zoning By-law Amendments._---_.-...._-_. _ Current Planning Act Requirement Amendment No.16 Requirement _. Twenty (20) days notice before a Thirty (30) days notice before a Public Meeting Public Meeting All applications shall be All applications shall be circulated to circulated to every owner of land property owners in the applicable within 120 metres of the subject area and within 800 metres (2645 land feet) of the subject land(s) within the Waterfront designation, and 200 metres (656 feet) in the Community and Rural designations. Applications shall also be circulated to the local community association(s) recognized by the municipality as falling within the circulation area Minor Variances and Consents Notice of Public Meeting shall be In addition to the Planning Act posted on the property, and circulated to prescribed agencies and surrounding property owners requirements, Notices and information will be provided on Township website Public Meeting for a minor variance and fourteen (14) days notice before a Public Meeting for a consent Public Meeting All applications shall be All applications shall be circulated to circulated to every owner of land property owners in the applicable within 60 metres of the subject area and within 800 metres (2645 land feet) of the subject land(s) within the Waterfront designation, and 200 metres (656 feet) in the Community and Rural designations.. Applications shall also be circulated to the local community association(s) recognized by the municipality as falling within the circulation area Notice of Public Meeting shall be In addition to the Planning Act posted on the property, and circulated to prescribed agencies and surrounding property owners requirements, Notices and information will be provided on Township website Page 71 of 168

72 Amendment No 16, as adopted, states that lots or units may be provided with private road access where the road is the subject of a condominium description and provided that it forms part of the development, provides for adequate emergency access, and is constructed and maintained to the satisfaction of the municipality Supporting Documentation Four (4) separate planning reports were prepared by Township staff in support of Amendment No 16. While Planning Report 80-,06 outlined the need and the basis for the Amendment, Planning Report provided a draft Amendment and recommended that a public meeting be held Planning Report provided general information on the Amendment and Planning Report provided a summary of the public meeting held on June 4, 2007 Circulation & Public Meetings Prior to the adoption of Official Plan Amendment No, 16, the Township of Georgian Bay circulated information on the proposal to agencies and the public A public meeting was held on June 4,2007, to obtain comments from the public on the proposed Amendment While there was some discussion respecting the Township's administrative procedures for the circulation of notices, no comments were received regarding the proposal to permit condominium roads within Secondary Urban Communities Planning Documents Provincial Policy Statement The Provincial Policy Statement (PPS) has been taken into account in the review of the proposed Official Plan Amendment The proposed amendment would appear to be consistent with the PPS, Muskoka Official Plan Section K of the Muskoka Official Plan contains policies respecting the planning processes within the jurisdiction of the District of Muskoka. For example, Section K 14 outlines the notification requirements for official plan amendments Section K8 encourages local documentation to provide more detailed policy as authorized under the Planning Act and which complements the policies contained within the Muskoka Official Plan, In this case, the Township wishes to provide more time for its residents to consider a proposed planning application, As it relates to the portion of the amendment dealing with access within Secondary Urban Communities, the Muskoka Official Plan states that proper and adequate means of access will be provided to all new lots to a standard appropriate to the situation As such, the amendment would generally conform to the intent of the Muskoka Official Plan Township ofgeorgian Bay Official Plan Sections G,27 -- G28 of the Township Official Plan currently contain policies on public notice requirements for official plan amendments and zoning by-laws and amendments, Amendment No, 16 will enhance the existing policies and will also add policies on the public notification process for minor variance and consent applications Section C of the Township Official Plan, which contains development policies regarding the Secondary Urban Communities within the Township, will be amended to permit condominium roads where they meet the above noted criteria The proposed Amendment would generally conform to the existing Township Official Plan, Page 72 of 168

73 Recommendation In consideration of the foregoing, approval of Official Plan Amendment No 16 is recommended Respectfully submitted, ~Melissa Halford, SA (Hans), Eco. Mgt (Dipl) Planner Page 73 of 168

74 ,. Appendix '" AMENDMENT NO.lli TO THE OFFICIAL PLAN FORTHE TOWNSHIP OF GEORGIAN BAY (Alternate and New Policies on Public Notice) (Official Plan Amendments, Zoning By-laws Amendments, Minor Variances and Consents) (Private Condominium Roads) Page 74 of 168

75 CERTIFICATE FOR AMENDMENT NO.1.b. TO THE TOWNSHIP OF GEORGIAN BAY OFFICIAL PLAN AMENDMENT NOJ./Q.. to the Official Plan of the Township of Georgian Baywas adopted by the TOWNSHIP OF GEORGIAN BAY by Bylaw Number '7 in accordance with the provisions of Section 17 of the Planning Act on September lj, !fr- zf~i:1t~...._.. Page 75 of 168

76 AMENDMENT NO._ TO THE TOWNSHIP OF GEORGIAN BAY OFFICIAL PLAN INDEX Statement of Components, 1 PartA Preamble " 2 PartB -1 he Amendment. PartC - The Appendices '". ",, ".. Page 76 of 168

77 OPA_ - Township ofgeorgian Bay Official Plan Alternate Policies on Public Notice & Private Condominium Roads Statement of Components Part A.. THE PREAMBl.E does not constitute part of this Amendment Part B - THE AMENDMENT, consisting of the text constitutes Amendment No to the Official Plan of the Township of Georgian Bay. Part C - THE APPENDICES do not constitute part of this Amendment. The appendices contain the background material, planning considerations and public involvement associated with this Amendment. Page 77 of 168

78 OPA _ - Township ofgeorgian Bay Official Plan Alternate Policies on PUblic Notice & Private Condominium Roads Part A - Preamble Purpose The purposeof this Amendment is to: Delete and replace Sections G.27 & G.28 of the Official Plan with new sections that set out alternate policies on public notice for Official Plan Amendments and Zoning Bylaws Amendments for the Township of Georgian Bay; Establish Section G.30 of the Official Plan to set out policies on public notice for minor variances and consents within the Township of Georgian Bay. Amend Section C9.2 to clarify that private condominium roads are permitted in a Secondary Urban Community. Location The lands affected by this Amendment include all areas within the Township of Georgian Bay, District Municipality of Muskoka. Basis The following separate reports have been prepared in supportof this Official Plan Amendment: E!...rmJngHeport. o-06, Township of Georgian Bay, Plannin9.Repmt 14 07,Township of Georgian Bay, :2007. Elanning Regort.38-07, Township of Georgian Bay, 'p'je..nning Report~1 07., Township of Georgian Bay, Amendment Number 11 to the Official Plan of the Township of Georgian Bay was adopted in January This amendment establishes policies for public consultation in the planning approval process. Recent municipal, District and Provincial measures have left a number of policies contained within the current Official Plan outdated With respect to the Planning Act, particularly those policies relating to public consultation and participation. The enactment of alternate and new public notice policies has received strong support from members of Council and the. public. As. a gmwing municipality, the Township requires more detailed public consultation policies that enhance and promote public participation opportunities throughoutthe Township and comply with the Planning Act. The public consultation procedures must also be made to recognize the seasonal nature of many residents and the archipelago geography of the Georgian Bay shoreline. Planning Report eo-06 outlined the need and the basis for the Official Plan Amendment, while Planning Report provided a Draft Amendment to the Official Plan and recommended that a public meeting be held. Planning Report provided general information on the Amendment while Planning Report provided a summary of the public meetin9 held on June 4!h. The purpose of this amendment is to implement the recommendations of this report and to prepare alternate policies for public notice for Official Plan Amendments andzoning By law Arnendments. New public notice policies are also prepared for Minor Variances and Consents. An arnendment hasalso been included to recognize condominium roads Within secondary urban communities. The amendments to the Official Plan are designed to serve the needsof the community over the next 20 years but should be reviewed as required, at least every.,~ years as part of a comprehensive Official Plan Review. The revisions will also lmplement the recent changes madeto the Planning Act introduced in Bill Page 78 of 168

79 OPA _...Township of Georgian Bay Official Plan Alternate Policies on Public Notice & Private Condominium Roads PartB - The Amendment 1.0 Introductory Statement Part B - The Amendment, consisting of the following text constitutes Amendment No.lk to the Official Plan for the Township of Georgian Bay. 2.0 Details of the Amendment The Official Plan for the Township of Georgian Bay is hereby amended as follows' a) That Section C 9.2 is hereby amended with the addition of a new sentence after the existing sentence. C.9.2 tots or units may be provided with private road access where the road is the SUbject of a condominium description and provided that it forms part of the development, provides for adequate emergency access, and is constructed and maintained to the satisfaction of the municipality, b) Section <3.27, OFFICIAL PLAN AMENDMENTS, to the Official Plan is hereby deleted in its entirety and replaced with the following new subsection 0.27: G.27 OFFiCiAL PLAN AMENDMENTS G.27.2 G.27.3 G.27.4 Beforeadopting an Official Plan Amendment, except an Official Plan Arnendrnent passed pursuant to an order of the Ontario Municipal Board made under Section 17 of the Planning Act, Council shall ensure that sufficient information is made available to enable the public to understand generally the Official Plan proposal that is being considered by Council and, for this purpose, shall hold at least one public meeting, notice of which shall be given in the manner and to the persons and public bodies prescribed pursuant to the Planning Act, except as may be further provided herein. That notwithstanding the minimum notice requirements set out in the Planning Act, a Public Meeting for a proposed Official Plan Amendment shall be held not sooner than thirty (30) days after the requirements for the giving of notice have been complied with, except as may be further provided herein. That notwithstanding the minimum circulation distances set out in the Planning Act or any associated regulations, all applications for ()ffidal Plan Amendment shall be circulated to property owners in the applicable.area and within 800 metres (2645 feet) of the subject land(s) within the Waterfront Designation, and 200 metres (656 feet) in Community and Rural areas. Applications shall also be circulated to the local community association(s) recognized by the municipality as falling within the area of clrculatlon Where it is found necessary or appropriate to make a technical amendment to the Official Plan under Section 17(19) of the Planning Act, R.S.O. 1990, c. P,13, such as correcting clerical, grammatical or typographical errors or the numbering of provlslons, Council may forego the notice for public meeting required, pursuant to the Planning Act 3 Page 79 of 168

80 OPA._.- Township of Georgian Bay OfficialPlan Altemate Policies on Public Notice & Private Condominium Roads G,27.5 G,27,6 G.27.7 G.27.8 G.27.9 Where Council proposes to convene a subsequent public meeting(s) to hear additional comments on a planning application, such meetings shall be held not sooner than five (5) days afterthe first public meeting. The District of Muskoka Planning Department shallbe provided noticeof a public meeting in respect of all proposed Official Plan Amendments in simllarfashion as provided in this Section, in order to afford the District the opportunity to review conformity of the proposed amendment to the Official Plan of the Muskoka Planning Area and, where it considers it appropriate, to advise the local Council on conformity issues. In the course of the preparation of a comprehensive Official Plan policy amendment, Council shall ensure that the District of Muskoka, and all public: bodies are consulted on the preparation of the amendment and given opportunity to review all supporting information and materials in similarfashion as provided in this Section. All supporting information and documents shall be made available to members of the public a minimum of seven (7) days prior to the holding of a statutory public meeting. At least ten (10) days prior to holding a statutory public meeting on an Official Plan Amendment, Council shall hold a publicopenhouse sessionwhere required by the Planning Act and shall be at Council's discretion in all other circumstances. This public session may be in an informal setting and a quorum of Council shall not be required to attend such a meeting. All documents, maps or other materials submitted in support of the application shall be available for review bythe publicduring the open house session. Cotmcll shall endeavour to post all notices and appropriate information as feasible on the Townships' Web page. Where notices or information cannot be posted on the Townships' Web because it is beyond the control of the Township or related to electronic issues, computers and or capacity of such system it shall not be deemed to be in conflict with this policy. c) Section G.28, ZONING BY-LAWS AND AMENDMENTS, to the Official Plan is hereby deleted In its entirety and replaced with the following new subsection G.28: G.213 ZQNING BY-LAWS AND AMENDMENTS G.28.1 G.28.2 Before passing Cl Zoning By-law, except a Zoning By-IClw passed pursuant to an order of the (,)ntario Municipal Board made undersection 34 of the Planning Act. Council shall ensure that sufficient information is made available to enable the public to understand generally the zoning proposal that is being considered by Council and. for this purpose, shall hold at least one public meeting,noticeof which shall be given in the manner and to the persons and public bodies prescribed pursuant to the Pfanning Act. except as may be further provided herein. Thatnotwithstanding the minimum notice requirements set out in the Planning Act, a Public Meeting for a proposed Zoning By-law Amendment shall be held not sooner than thirty (30) days after the requirements for the giving of notice have been complied with, except as may be furtherprovided herein. 4 Page 80 of 168

81 OPA _ - Township ofgeorgian Bay Official Plan Alternate Policies on Public Notice & Private Condominium Roads G.28.3 G.28.4 G.28.5 G That notwithstanding the minimum circulation distances set out in the Planning Act or any associated regulations, all applications for Zoning By-law Amendment shall be circulated to property owners in the applicable area and property owners within 800 metres (2645 feet) of the subject land(s) within the Waterfront Designation, and 200 metres (656 feet) in Community and Rural areas. Applications shall also be circulated to the local community association(s) recognized by the municipality as falling within the area of circulation. Where it is found necessary to make a technical amendment to a by-law under Section 34(14) of the Planning Act, R.s.a. 1990, c. P.13, such as correcting clerical, grammatical or typographical errors or the numbering provisions, Council may forego the notice for public meeting required, pursuant to the Planning Act Where Council proposes to convene a subsequent public meeting(s) to hear additional comments on a planning application, such meetings shall be held not sooner than five (5) days after the convening of the first Public Meeting. The District of Muskoka Planning Department shall be provided notice of a public meeting in respect of all proposed Zoning By-laws Amendments in similar fashion as provided in this Section, in order to afford the District the opportunity to review conformity of the proposed bylaw to the Official Plan of the Muskoka Planning Area and, where it considers it appropriate, to advise the local Council on conformity issues. Council $hall endeavour to post all notices and appropriate information as feasible on the Townships' Web page. Where notices or information cannot be posted on the Townships' Web because it is beyond the control of the Township or related to electronic issues, computersand or capacity of such system it shall not be deemed to be in conflict with this policy. d) A new section is herby added to the Official Plan in its entirety as provided herein after Section G.29: G.30 MINOR VARIANCES AND CONSENTS G.30.1 G 'That notwithstanding the minimum notice requirements set out in the Planning Act, a Public Meeting shall be held not sooner than twenty (20) days after the requirements for the giving of notice have been complied with, except as may be further provided herein. That notwithstanding the minimum circulation distances set out in the Planning Act or any associated regulations, all applications for Minor Valiance and Consents sh~jl be circulated to property owners within 800 metres (2645 feet) of the subjectlandis) within the Waterfront Designation, and 200 metres (656 feet) in Community and Rural areas. Applications shall also be circulated to thelocal community assoctatlonts) recognized by the municipality as falling within the area of circulation. Council may provide that the setting of a public meeting date and the giving of notice thereof may be delegated to a committee or appointed official for applications for Minor Variance and Consent 5 Page 81 of 168

82 OPA_. - Township of Georgian Bay Official Plan Alternate Policies on Public Notice & Private Condominium Roads G.30.4 The District of Muskoka Planning Department shall be provided notice of the meeting of Council or delegated body in respect of all applications for Minor Variances and Consents in similar fashion as provided in this Section, in order to afford the District the opportunity to review conformity to the Official Plan of the Muskoka Planning Area and, where it considers it appropriate, to advise the local Council on conformity issues. G.304 Council shall endeavour to post all notices and appropriate information as feasible on the Townships' Web page.. Where notices or information cannot be posted on the TownShips' Web because it is beyond the control of the Township or related to electronic issues, computers and or capacity of such system it shall not be deemed to bein conflict with this policy. 3.0 Implementation and Interpretation The provisions of the Official Plan of the Township of Georgian Bay regarding the implementation and interpretation of that Plan apply to this Amendment. 6 Page 82 of 168

83 OPA _ - Township of Georgian Bay Official Plan Alternate Policies on Public Notice &Private Condominium Roads Part C- The Appendices 1 Planning RepQ!1SG-06, Township of Georgian Bay, Planning Report 14-07, Township of Georgian Bay, Planning Repor138-07, Township of Georgian Bay, Planning Report 41-07, Township of Georgian Bay, Page 83 of 168

84 fv\ IHE--DISTRlq-!dUNI~IPAlITY_oI_MUSKOl<A ~ PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT 70 PINE STREET, BRACEBRIDGE, ONTARIO P1L 1N3 Telephone (705) OR (705 area code) Fax (705) ca TO: FROM: DATE: SUBJECT: REPORT NO: Chair and Members Planning and Economic Development Committee Scott Lucas Planner November 14, 2007 Subdivision File No. S (Eagle Ridge Subdivision) Part of Lot 15, Concession 2 Chaffey, Town of Huntsville PED RECOMMENDATION None Submitted for information only. ORIGIN An application for the above noted plan of subdivision was submitted on October 5, 2007 and accepted as a complete application on October 26, 2007 In accordance with the Planning Act, the District Planning and Economic Development Committee is required to hold a public meeting respecting the proposed plan of subdivision The following background has been prepared in order to provide Committee with a general overview of the proposed plan of subdivision prior to the public meeting. ANALYSIS Location and Proposal The subject property is located on Lot 15, Concession 2, and part of Lot 1, Registrar's Compiled Plan 547, Chaffey, Town of Huntsville, and is approximately 27.2 ha (67.2 acres) in size More specifically these lands are located at the intersection of Hanes Road and Center Street, east of Highway 11 and South of Highway 60 A location map is attached as Appendix '1'.. The applicant proposes a total of one hundred and seventeen (117) single detached residential lots and one (1) future multi-residential block. Frontages for the proposed single detached residential lots would range from 18.0 metres (59 feet) to 36 5 metres (120 feet). The proposal also includes nine (9) additional blocks for stormwater management, natural preservation, parkland, open space and walkway purposes. A copy of the proposed draft plan is attached as Appendix 'II' All of the proposed lots are to be accessed from an internal public road network, which would originate from Centre Street The proposed development would be serviced via full municipal sewer and water services Page 84 of 168

85 Site Characteristics and Surrounding Uses The subject property is characterized by an undulating topography with areas of steep slopes and rock outcroppings The site is predominantly undisturbed and consists of mixed forest, with a number of wetland areas and a variety of ground vegetation The lands to the north of the subject property are also owned by the applicant and are currently vacant The lands to the west are also vacant and the lands to the south and east contain existing residential development Supporting Documentation A Preliminary Stormwater Management Report and Geotechnical Investigation have been submitted in support of the application, and these reports are currently being reviewed by the Town and District Engineering and Public Works Departments In addition, the applicant has submitted an Environmental Impact Study, prepared by Gartner Lee Limited in support of the application, which will be peer reviewed prior to the plan being considered for draft approval Planning Documents As noted above, the application for plan of subdivision was submitted in 2007 and accordingly, it would be subject to the 2005 Provincial Policy Statement and the 1990 Planning Act, as amended by Bill 51 The property is located in the "Urban Centre" designation of the Muskoka Official Plan and designated "Residential" in the "Huntsville Urban Settlement Boundary" of the Town of Huntsville Official Plan Both of these documents would typically permit single and multiple-residential development The property is currently zoned Rural (RU-1) and tile applicant has submitted a concurrent rezoning application to permit the development Circulation and Notice A Notice of Application has been circulated to the Town of Huntsville and other required agencies for comment As mentioned previously, in accordance with the Planning Act, the District Planning and Economic Development Committee is required to hold a public meeting respecting the proposed plan of subdivision. In addition, the Town of Huntsville is required to hold a public meeting for the proposed rezoning application, As both of these public meetings are to be held concurrently at the Town of Huntsville municipal offices in the near future, a Notice of Public Meeting will be circulated in advance of the meeting, Considerations The proposed plan of subdivision is to be accessed from Centre Street At the current time, only one access point is provided on the proposed plan. Options are being investigated in consultation with the Town and the applicant's agent to provide another access point, potentially originating from Shay Road In addition, the application as submitted does not include a phasing plan for future build out result, the proposed draft plan will require an amendment to include a phasing plan prior to consideration for draft approval As a Scott Lucas, BA Planner Page 85 of 168

86 Appendix 'I' ~\ (II \ If~ \!\ i 1\ (r~ j \ I Eagle Ridge Development ~\ I S2QQ7 11 I\~ \)A : f I I \ ~ "t) / \"'-// \ Lot 15, Concession 2 and 1.'.'.._._ p; >!I J J ~J Part oflot 1, Plan 547 ~._ ~ /~q:.» Chaffey, Town of Huntsville..J J~ I'M \, \ ) J ' \. ~... ~._., &L.r,.V ' '\/'! '.~ J?-%1 \. \'v---~ " / \,./~., ~) _*,7! v->. \ -7 /""y i ' ~,Yc'iK' ' " \" ~',0; II ~ \\ '~ ~ I.. \ I 1\, ~ U I'i PROVINCIAL HIGHWAY DISTRICT ROAD TOWNSHIP ROAD PRIVATE ROAD RAILWAY ACCESSWAY TRAIL TRANSMISSION LINE LOT AND CONCESSION LINE MUNICIPAL BOUNDARY ij T Page 86 of 168

87 Appendix 'II' ---'-~-"'---.s'--'-- II W I~! ~ h!l IS! I! L w ~s Page 87 of 168

88 THE DISTRIG MUNICIPALITY OF MUSKOKA PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT 70 PINE STREET, BRACEBRIDGE, ONTARIO P1L 1N3 Telephone (705) OR (705 area code) Fax (705) on ce TO: FROM: DATE: SUBJECT: REPORT NO: Chair and Members Planning and Economic Development Committee Marg French Commissioner of Planning and Economic Development October 29, 2007 Staff Complement - Planning and Economic Development Department PED RECOMMENDATION THAT the changes to the staff complement for the Planning and Economic Development Department as recommended in Report No PED-, be approved ORIGIN The staff complement is monitored on an ongoing basis and changes are recommended from time to time to reflect changing human resource and program needs ANALYSIS A review of the staff complement for the Planning and Economic Development Department (current chart attached for reference as Appendix 'I') has indicated that additional resources are necessary in two program areas Additional resources are required to support the growing Geographic Information System (GIS) program and ensure that GIS services can continue to be provided to those Area Municipalities that request support.. In the Planning Policy and Programs area, resources are needed to effectively deliver the ongoing Muskoka Official Plan program as required in accordance with the new provincial planning requirements and to participate in other policy planning initiatives including responding to requests by Area Municipalities for assistance with the development of planning documents (Official Plans, zoning or development permit by-..laws)" Geographic Information System Program Area A Muskoka Geographic Information System (GIS) was jointly established in 1996 by the District of Muskoka and four Area Municipalities and was founded upon the Ontario Base Maps, Muskoka Property Assessment Corporation (MPAC) information, and Maplnfo Software, Subsequently in 2001, a geomatic service function was established by the District to develop a corporate GIS and to manage the 911 civic addressing functions This included hiring two staff members (a Geomatics Manager and a GIS/911 Technician) with the necessary capabilities to evaluate, develop and manage a GIS program. Committee and Council also approved the principles and objectives to guide the development of the GIS program, attached as Appendix 'II' This direction included the provision of service to the Area Municipalities without GIS capability on a cost recovery basis Managing Our Legac!j Together Page 88 of 168

89 Since 2001, the benefits of using the GIS to undertake analysis and communicate information have been realized and corporate use has steadily increased The system, which was initially used for basic planning and public works projects, has expanded to include active use by other program areas such as Corporate Services and Community Services and to undertake more complicated special analysis such as that used for the build out program, tax policy impact, mandatory connection by-law implications and infrastructure or shoreline surveys using GPS technology, In 2008, the program is expected to include web-based applications as well as use in the asset management program. GIS spatial analysis also will be an important tool for planning policy development related to the Official Plan and economic development programs Due to the complexity and volume of work in the corporate operation, the level of service that could be provided to the Area Municipalities has been steadily declining There is also an increasing backlog of Muskoka GIS projects since 911 functions must take priority.. This has been mitigated somewhat by outsourcing projects such as scanning or digitizing of established mapping Straightforward but time consuming projects such as updating base road layers for emergency planning purposes or correcting road centerlines have also been outsourced and can continue to be outsourced in the future However, due to the timing and complexity of new layer creation and the need for consistency in database and layer design, most ongoing GIS functions are more effectively undertaken in house In order to address this growing need, it is recommended that the existing technician position be split into two positions A GIS Technician I position would be dedicated to 911 civic addressing and the basic GIS database and mapping functions related to that program This would focus more attention on the 911 functions and the updating of emergency service or planning related databases and map layers The GIS Technician I position would also provide minor administrative back up for the Planning and Economic Development Department as required and would be the primary department contact for responding to requests made by the public for mapping. Should this position be approved, the existing summer student position would not be required. A GIS Technician II position would be responsible for responding to the growing service and training needs for corporate GIS as well as service to Area Municipalities,. In addition, this position would undertake the more complex and time consuming GIS projects that require experience in script writing and data base development This would enable larger projects such as the web based mapping to move forward to implementation. Creating a second technician position would also provide depth to this program to cover vacations and illness and would allow for career development so that Muskoka's investments in training and technical experience can be retained within this program area It would also allow the Manager to devote more time to program planning and development, securing and managing data sharing agreements and contract management Planning Policy and Program Area In 2006, Muskoka District Council initiated a comprehensive review of Muskoka's Official Plan (OP) as required by the new provincial planning regime.. The new provincial planning direction places an obligation on Muskoka to project and allocate growth as well as identify housing targets that must be used by the Area Municipalities in their planning policy. In consideration of the requirement for a 5-year comprehensive review to ensure conformity with provincial documents and the requirements of the new Provincial Planning Policy Statement, this policy-planning program will be ongoing and more demanding than it has been in the past. The effective and efficient preparation and upkeep of corporate information (such as the economic profiles, demographic data or second home information) and related planning policy is important not only for Muskoka, but also for the planning programs at the Area Municipalities The current OP program as originally proposed to Council was ambitious and was primarily based on contracting the work to specialized consultants. The Economic and Growth Strategies were initiated as a first step in that program and other strategies are yet to be initiated However, the level of management Managing Our Legacy Together Page 89 of 168

90 required for the first two contracts in order to ensure the delivery of a quality product has been significantly more involved and time consuming than originally envisioned Muskoka staff also had to become more involved in primary research than originally expected in order to reduce costs and to ensure an appropriate product is produced In addition, our experience to date indicates that there will likely be a greater demand for public consultation than was scheduled in the contracts for these two projects While some of the background research requires technical expertise that is best outsourced to consultants with experience in that particular field, other general planning research and the actual policy writing for the Official Plan and its ongoing maintenance would most effectively be undertaken in house. In addition to the comprehensive review of the OP, the department is increasingly involved in leading or participating in new corporate projects such as Active Transportation or Affordable Housing The growing complexity of development files together with a greater number of Ontario Municipal Board Hearings (including significant hearings such as Red Leaves) have resulted in resources being pulled from the policy development program in order to maintain development review and approval service levels. Furthermore, several Area Municipalities have inquired about obtaining planning services for policy projects and under the current circumstances the resources are not available to assist with these projects In order to respond to this situation and properly deliver the required OP program as well as to participate effectively in corporate projects or respond to Area requests for planning services, additional resources are required in the planning and economic development program area.. It is recommended that this need be addressed by the establishment of a management planning policy and projects position (Manager of Policy Projects) that could attract the experience and skills to lead and deliver corporate and Area planning projects. The capability to participate in contract management for the projects or to undertake background research and policy writing related to the comprehensive review of the Muskoka Official Plan would also be required of this position.. With respect to the historic staff complement in the department, the staff dedicated to the core planning functions has declined slightly since 1991 from nine to seven positions However, during this period of time a significant OP policy program was not undertaken The establishment of this level of position in 2008 would assist with OP program delivery and would also provide succession opportunities.. The current lack of progressive positions within the department has been identified as an issue during exit interviews when planners have moved to positions in other municipal organizations FINANCIAL CONSIDERATIONS The annual 2008 cost of wages and benefits for a GIS Technician I position is estimated at $49,521.. However, this would be subject to the established job evaluation process. In addition, this would be a union position that will be SUbjectto the collective agreement. This increase will be mitigated by the elimination of the GIS summer student position ($8,700 in 2008) and would result in an estimated increase of $40,821 for If approved, the increased personnel cost will be included in the 2008 GIS and 911 budqets. The 2008 annual cost of wages and benefits for a Manager of Planning Projects is estimated at $90,38"7 and would also be subject to the job evaluation process. Should this position be approved, these costs will be included in the 2008 budget for the Planning and Policy Section Managing OUf Legacy Togetlier With the Concurrence of, J.11_ ~~_.-=> ~s, Commissioner of Finance and Corporate Services Page 90 of 168

91 Page 91 of 168 Appendix 'I'

92 Appendix 'II' _._* DISTRICT MUNICIPALITY OF MUSKOKA 70 PINE STREET, BRACEBRIDGE, ONTARIO PiL 1N3 TELEPHONE (705) FAX (705) (705 AREA ONLY) MEMORANDUM TO FROM RE Chair Tom Pinckard and Members Corporate & Emergency Services Committee Graham Good Manager of Geomatics District of Muskoka Geornatic Services DATE February 5, 2002 For information only. Update and review on the status of the District of Muskoka GIS mapping services ANALYSIS Geographic Information System A Geographic Information System (GIS) is the combination of mapping objects and digital databases, used in conjunction with each other to produce a map based information tool. When tile mapping and analysis elements are linked together, a GIS is created that allows users to perform queries, compare or combine information and produce documents or "intelligent maps" TIle mapping component of a GIS lends itself to many municipal applications since it can include information that has been traditionally found on printed maps, such as roads, bridges, land use and property lines The analysis component of a (31S is performed on database information, using GIS software.. A GIS was initiated jointly in 1996 by Muskoka and four Area Municipalities Our system is founded upon Ontario Base Map and Assessment Property Fabric Information together with Maplnfo Software. To date, over 30 new mapping layers have been generated and overlay that primary base.. GIS services of map creation, training and support are being provided as a Corporate Service for all District Departments Discussions have been undertaken with each department to determine their needs GIS assistance is also being provided to some Area Municipalities Page 92 of 168

93 Principles Efficient, effective and sustainable geographic information system, Accurate and dependable information. Information compatibility through use of common data standards. Information sharing and service for public benefit.. Cost recovery and corporate financial benefit Benefits Assists effective and efficient decision-making through use of the GIS analytical capabilities. Provides accurate, dependable and easily accessible information. Provides for enhanced communication. Assists in enhanced operation and cost reduction Objectives a) Develop, support, maintain and expand a high quality, cost effective and sustainable geographic information system and service for the District Action:' Application software under review. Property fabric maintenance and accuracy under review. OBM projections under review. Information & data base development and expansion. Establish GIS user group for sharing of best practices and product updates. Efficient and timely response to GIS requests. b) Develop and promote quality of information, common data standards and common data management approaches.. Action: Ensure easy and predictable access to GIS information through the creation of an index list, improved database file structure and metadata information.. Identify and promote common standards to facilitate information compatibility with base and other information layers. Ensure information is accurate, consistent and dependable. Ensure information is useable beyond municipal and administrative borders.. c) Share and distribute GIS information with the least restrictions possible to achieve the greatest public benefit and service. Action Update and secure as flexible OPAC and MNR agreements as possible Update and provide for a more flexible agreement with the Area Municipalities Page 93 of 168

94 - 3 - Establish a flexible agreement protocol to share Muskoka information with partners and their consultants for public benefit. d) GIS service and projects with Area Municipalities will be undertaken on a cost recovery basis with projects or services that have a public benefit taking priority. Action Share information for public benefit rather than revenue. Provide products and service on a cost recovery basis, where appropriate, Respond to Corporate and then Area needs on a priority basis, e) General public information will be provided at no cost, where there are corporate and public benefits and where appropriate" Action Promote opportunities to provide Muskoka web-based information for the public access,.. Development of a protocol to guide the provision of data, maps, and service to individual members of the public and non-qovernment organizations Respectfully submitted, Graham Good Manager of Geomatics [OS Page 94 of 168

95 THE DISTRIG MUNICIPAlITY._OF MUSKOKA PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT 70 PINE STREET, BRACEBRIDGE, ONTARIO P1 L 1N3 Telephone (705) OR (705 area code) Fax (705) wwvcmuskok» on.ce TO: FROM: DATE: SUBJECT: REPORT NO: Chair and Members Planning and Economic Development Committee Marg French Commissioner of Planning and Economic Development November 27, Year-End Department Activity Report PED _..._..._.._._-- RECOMMENDATION None.. Submitted for information only ORIGIN This year-end report describes the major activities of the department for While the report does not contain a complete list of all activities, it does highlight most of the major items ANALYSIS Muskoka Water Strategy Muskoka Watershed Council Ongoing participation and staff support has been provided to Muskoka Watershed Council. The second Watershed Report Card was released in July Presentations on the report card were made to all municipalities.. A stormwater management brochure was produced and distributed Work on the Watershed Inventory continued. A position paper on Economic Development is underway.. Muskoka Water Web The water web was updated on a regular basis There were 4,293 hits on the website in 2007, compared to 6,433 hits on the website for 2006 Lake System Health Monitoring Program A water quality stewardship session was held in April and 40 people attended 82 sites on 67 lakes were monitored for basic water quality parameters in Shoreline surveys were completed for 9 over threshold lakes Staff attended 20 lake association annual general meetings and lake association workshops Benthic monitoring was completed at twenty-two sites on twenty lakes One terrestrial monitoring plot was established Work on the Three Mile Lake background report is ongoing in conjunction with the Dorset Environmental ScienceCentrer. Managing Our Legacy Togetner Page 95 of 168

96 Source Water Protection Staff continued to work with Simcoe Region Conservation Authority to prepare technical source water protection reports for the Black-Severn watershed Source Protection Authorities were created for those portions of Muskoka in the South Georgian Bay Lake Simcoe Source Protection Region and members have been appointed The Source Protection Committee for the South Georgian Bay Lake Simcoe Source Protection Region was formed and members have been appointed Stormwater Aquafor Beech Limited is preparing the background report for the Muskoka Stormwater Management Strategy policy and Programs Muskoka Official Plan Official Plan Amendment No. 32 (Lake System Health) was modified and approved at the Ontario Municipal Board (OMB) hearing held on June 28, 2007 Official Plan Amendment No. 31 (Minett) was adopted on May 7,2007 and has been appealed to the OMB A draft of the Growth Strategy Phase 1 Report was completed by Watson and Associates Ltd., and was presented to a special meeting of the Planning and Economic Development Committee on November 13, Comments are currently being reviewed and the report is expected to be finalized early in Phase 2 of the Growth Strategy will begin with a meeting of Muskoka, Provincial and Area staff in December 2007 to discuss allocation of forecasted growth Planning Reform Staff initiated a review of implementation options to address the changes to the Planning Act and associated regulations introduced through the Province's Planning Reform initiative, which will be presented early in Species at Risk Work with the Ministries of Municipal Affairs and Housing and Natural Resources is ongoing with the objective of developing a protocol that addresses the protection of species at risk in consideration of the Provincial Policy Statement and the Endangered Species Act, as well as implementation challenges (lack of mapping, limited municipal staff resources, scale of development, etc). Good Forestry Practices By-law James Rogers and Eleanor Reed, Muskoka's By-law Enforcement Officers continue to monitor Intent to Cut forms as they are submitted and responded to complaints.. 8 Intent to Cut forms were received in 2007, showing a total of hectares proposed to be cut Active Transportation The Active Transportation Committee was established on May 28, 2007 in order to undertake consultations with interested stakeholders and make recommendations respecting the development of an active transportation strategy for Muskoka. The Committee has met twice and public consultations are scheduled for December 3 rd Muskoka staff are also meeting with Area Municipal staff and conducting research on this SUbject Recommendations for a strategy are expected to be delivered in 2008 Page 96 of 168

97 Economic Development A draft of the Muskoka Economic Strategy Phase 1 Background Report was completed by Malone Given Parsons and was presented to a special meeting of the Planning and Economic Development Committee on November 13, Phase 2 of the Economic Strategy will begin in the new year with a series of focus group consultations Plannjrlg Services Area Official Plan Approval 5 new applications for approval of Area official plan amendments were received in 2007 as compared to 2 in Area official plan amendments were approved (1 in 2006) Staff worked with the Town of Gravenhurst in 2007 in order to develop modifications to their adopted official plan in order to ensure consistency with the Provincial Policy Statement and conformity with the Muskoka Official Plan This work will continue early in Plans of Subdivision/Condominium Descriptions for applications are active. 13 new plans were submitted in 2007 while 10 were submitted in extension requests were considered (15 in 2006). 8 plans received draft approval (10 in 2006). 5 plans received final approval and were registered (8 in 2006). Local Application Review ---_ _ _._.._ DEVELOPMENT ACTIVITY 1--._. Jan!:l!y_UQDecef!lber Q?_..-r-r ==..l-=-"'.;;c._-i 2006 B-Iaws _._...~_ Lake of Bays Planning Services The dual planning function delivered from the Township of Lake of Bays office was ongoing in 2007 Georgian Bay Planning Services The Township of Georgian Bay has requested ongoing planning services similar to the arrangement with the Township of Lake of Bays Muskoka Airport Airport Operations Aircraft traffic up to the end of October 2007 as compared to the same time in 2006 is up about 5%. (14,544 total movements in compared to 13,831 total movements in 2006) The new Air Terminal and Little Norway Memorial building were completed in 2007 Page 97 of 168

98 The airfield received two significant lightening strikes in 2007 (one in July, and a second in October) resulting in over 100 blown runway light bulbs, several burnt transformers, damage to two regulators, and destruction of about 15 LED taxiway lighting units The planned projects completed in 2007 included runway crack sealing, beacon tower re-painting, signage upgrades, gravel parking lot improvements, creation of more aircraft tie-downs, and the installation of the fuel farm generator Airport Development The expanded public apron was put into service in the spring of 2007, and made a considerable difference in improving apron safety and traffic management The new apron was filled to capacity during several summerweekends 1 land sale was finalized and another land sale is currently being finalized, while two other land sales were initiated in land lease was processed and another has been initiated. Little Norway Memorial The Little Norway Memorial building and displays were completed during the summer and have been visited by members of the public with many positive comments The opening ceremony was held on September 25, with an estimated 750 people in attendance. The media coverage of the opening resulted in an increase in visitor traffic, especially through the 'Fall Colours' tourism period Geomatic Services 911 Civic Addressing 725 address changes were submitted in road name reviews were completed to confirm that proposed road names are appropriate for use Trouble Reports from emergency service providers and Area Municipalities were reviewed The 2007 summer test call program results include. 1,257 total 911 test calls attempted.. 1,095 total 911 test calls 964 (88%) total successful 911 test calls 131 (12%) total 911 test calls with errors. 63 total island properties tested 13 (20.63%) total island test calls with errors Preparation of public information to improve the test call success rate was initiated.. GIS Program Corporate map layers continued to be modified or added to the GIS system Mapping for use by the Emergency Operations Centre and the emergency response agencies is almost complete. GIS services and training have been provided upon request The air photo contract was amended to capture digital air photos of all of Muskoka in the spring of 2008 with delivery by October 2008 Human Resource Development Staff attended the following conferences or training sessions ( ) =indicates the number of staff that attended Ontario Benthic Biomonitoring Network (OBBN) Workshop (1) Bridges to Better Business - Connect for success (2) Social Marketing Workshop-- Conservation Ontario (3) Municipal Communications Course (1) Designing Active Communities Workshop (1) Page 98 of 168

99 Vision for the future Planning for major change (1) Geospatiallnformation Technology Association (GITA) Educational Event - Taking the Geospatial Mystery out of the Ministry of Natural Resources (MNR) (1) Introduction to Environmental Stewardship (Distance Education) (1) Blue Sky Planning OPPI Conference Lifestyle (2) ESRI Regional Users Conference (1) Annual Airport Group meeting (1) OPPI Planning Act Training (6) Wildlife Control Management Training (1) Tower Rescue, Fall Protection and Confined Space course (1) Teambuilding and Leadership (1) Health and Safety Management Training (4) Latornell Symposium (1) Smith Driving Systems (3) First Aid Training (12) SensitiVity Training for accessibility (3) Docktalk Training (1) In Water Safety Training (3) Ontario Onsite Waste Water Association Bracebridge Eco-Fair Muskoka and Haliburton Association of Realtors A Channel interviews (2) 2001 OPPI Conference (1) Federation of Canadian University Women (1) Public Inquiry Summary Report 1,446 recorded public inquiries were received in 2007 (1,419 in 2006). Page 99 of 168

100 THE DISTRICT MUNICIPALITY OF MUSKOKA CORPORATE & EMERGENCY SERVICES COMMITTEE MEETING NO. CES PLACE: TIME: DATE: PRESENT: OFFICIALS PRESENT: ALSO PRESENT:: Council Chamber, District Administration Building 9:00 a.rn, December 7,2007 Committee Chair J.. Klinck; District Chair Go. Adams; Members D.. Coates, C" Doughty, J. Peake, S" Pryke, J.. Walden J. Green, Chief Administrative Officer; S. Cairns, Commissioner of Finance & Corporate Services; D" Royston, District Solicitor; Co. Lees, District Clerk Councillors So. Martin and G. Smith; J. Lenze, Manager, Court Administration; D. Guy, Finance Manager CALL TO ORDER Committee Chair Klinck called the meeting to order at 9::10 a.rn. DECLARATION OF PECUNIARY INTERESTS None were declared. PROVINCIAL OFFENCES OFFICE a) Collection Agency Cost Recovery Report No. CES Mrs" Lenze highlighted the report with respect to the collection of unpaid defaulted Provincial Offences fines and related costs" Moved by D. Coates and seconded by S. Pryke R75/200 7 THAT Muskoka District Council approve the use of registered collection agencies for the collection of unpaid defaulted Provincial Offences fines and the recovery of associated collection costs;' AND THAT the recovery of collection costs at the rate of 15.9% on first placements, the current collection rate imposed by Canadian Page 100 of 168

101 Bonded Credit (Muskoka's contracted collection agency), be approved;' AND THAT staff be authorized to request the written consent of the Attorney General to add costs associated with the use of registered collection agencies to the total amount owed by a defendant for the collection of defaulted Provincial Offences fines, Carried. BUDGETS AND FINANCIAL POLICY a) Tax Supported Budget Timetable Report No. CES Moved by S, Pryke and seconded by C" Doughty R76/2007 THAT the 2008 Tax Supported Budget Guidelines and Timetables be approved., Cenied. FINANCE a) Mandatory Connection By-law Report No. CES Ms. Guy highlighted the report which was provided for information. Councillor Peake arrived at the meeting. b) Inflation Index - Local Improvement Charges Report No. CES Mr.. Cairns noted the proposed increase in local improvement charges which will ensure appropriate cost recovery. Moved by S. Pryke and seconded by D, Coates R77/2007 THAT the 2008 Local Improvement Charge for gravity sewers be $7,520 and $3,760 for low pressure sewers and water, Carried. Page 101 of 168

102 c) Inflation Index - Development Charges Moved by C. Doughty and seconded by G" Adams R78/200 7 THAT an increase of 3..8% in Development Charges in accordance with Section 23(1) of By-law be authorized effective February 1, Carried. d) Authorization of Borrowing Funds Report No. CES Moved by G.. Doughty and seconded by G. Adams R79/2007 THAT Muskoka District Council approve Bylaws and at the January 14, 2008 District Council meeting. Carried. INFORMATION ITEMS The following item was provided for information: a) Association of Municipalities of Ontario (AMO) Ontario Municipal Employees Retirement System (OMERS) Update Report No. CES INFO-A District Chair Adams left the meeting. NEW BUSINESS a) Selection of Muskoka District Chair - Options Presentation by District Solicitor Report No. CES Mr.. Royston presented options for the selection of the District Chair which would maintain the current method, maintain the current method but use a secret ballot or implement a method of direct election at the time of regular municipal elections.. He suggested that a degree of public consultation with respect to the direct election option would be appropriate.. Committee members discussed the options and the legislative changes that would be required if direct election was implemented. Support for the secret ballot option was expressed and concerns were raised regarding difficulties, such as communication with the electorate during a campaign period, that might be encountered in a direct election scenario. A suggestion was made that the matter of the selection of the District Chair Page 102 of 168

103 could be broadened to include a review or discussion regarding the way District Councillors are elected and possibly limiting the number of terms a Chair could serve. District Chair Adams joined the meeting.. Councillor Martin commented that he appreciated the extensive discussion that had taken place and felt that it was critical to also review the method of nomination.. In response to comments regarding the Chair's right to vote, Mr. Royston reviewed the history of the Chair's voting rights and noted that the implementation of the Municipal Act, 2001 had resulted in confusion about the issue. Mr.. Green suggested, and Committee members concurred, that staff would bring forward a report at the next meeting that would outline an appropriate approach regarding a public consultation process for consideration by the Committee.. District Chair Adams left the meeting.. It was emphasized that a public consultation period should include an opportunity for seasonal residents to participate and that District officials be present at any public meetings.. District Chair Adams joined the meeting.. b) Committee of the Whole in Closed Session Councillor Doughty expressed concern that the matter proposed to be discussed in closed session would be more appropriately considered in open session, Mr. Royston clarified that the reason for the closed session was to discuss his recommendation regarding a legal process.. Moved by G. Adams and seconded by C. Doughty THA T we do now retire to Corporate and Emergency Services Committee in closed session pursuant to section 239(2)(e) and (f) of the Municipal Act, 2001 to discuss a legal metier. Councillors Coates and Doughty left the meeting. Moved by J. Peake and seconded by G. Adams THA T we do now rise from Corporate and Emergency Services Committee in closed session and immediately reconvene in open session. Certied. Certied. Page 103 of 168

104 c) Development Charges Report No. CES Moved by G. Adams and seconded by J Peake R THAT the authority of Muskoka District Council to hold hearings under section 20(4) of the Development Charges Act, 1997 be delegated to the Corporate and Emergency Services Committee; AND THA T the procedures for holding hearings under section 20(4) of the Development Charges Act, 1997 be as set forth in the appendix attached hereto. Carried" ADJOURNMENT The meeting adjourned at 11:12 a.rn. Moved by G. Adams and seconded by S" Pryke THAT the Corporate and Emergency Services Committee adjourns to meet again on January 18, 2008 at 9,:'00 a.m. or at the call of the Chair. Carried" Chair, Corporate & Emergency Services Committee District Clerk Page 104 of 168

105 THE _ISTRIG MUNICIPALITY OF MUSKOKA CORPORATE AND EMERGENCY SERVICES DEPARTMENT 70 PINE STREET, BRACEBRIDGE, ONTARIO P1L 1N3 Telephone (705) Fax (705) (705 area code) 1f!/VIIW.muskoka.on.ca TO: FROM: DATE: SUBJECT: REPORT: Chair and Members Corporate and Emergency Services Committee Joanne Lenze Manager, Court Administration November 28, 2007 Collection Agency Cost Recovery CES RECOMMENDATION THAT Muskoka District Council approve the use of registered collection agencies for the collection of unpaid defaulted Provincial Offences fines and the recovery of associated collection costs; AND THAT the recovery of collection costs at the rate of 15.9% on first placements, the current collection rate imposed by Canadian Bonded Credit (Muskoka's contracted collection agency), be approved; AND THAT staff be authorized to request the written consent of the Attorney General to add costs associated with the use of registered collection agencies to the total amount owed by a defendant for the collection of defaulted Provincial Offences fines.. ORIGIN The Provincial Offences transfer agreement between the Ministry of the Attorney General and The District Municipality of Muskoka authorizes Muskoka to collect fines, costs, fees and surcharges levied under the Provincial Offences Act Section 165(9) of the Provincial Offences Act states that Municipal Provincial Offences Partners "shall not collect any other charge for acting under a transfer agreement, except with the Attorney General's written consent, obtained in advance". Upon written consent of the Attorney General, Council approved costs associated with the use of registered collection agencies can be added to the total amount due by the defendant to the Municipality, in relation to defaulted Provincial Offences fines.. ANALYSIS For the past five years Muskoka has held a contract with Canadian Bonded Credits Limited (CBCL) for collection of defaulted Provincial Offences fines.. Collection services have been provided based on a commission rate of 15..9% for first placement and require a budget allocation of $22,000 per year.. 1vlmwgill!J Our Legacy To.qether Page 105 of 168

106 In September 2005, The Ministry of Attorney General issued a bulletin inviting Municipal Provincial Offences Partners to apply for written consent to recover collection costs associated with the collection of defaulted Provincial Offences fines. At this time a resolution of Muskoka Council was passed and an application was made to the Ministry for recovery of the collection costs. In October 2007, the necessary changes to the integrated Provincial Offences Network were made to facilitate collection of the costs" As a result, staff has received a request from the Attorney General's office to provide a current resolution of Council identifying the current commission rates and the registered collection agency currently contracted by The District Municipality of Muskoka, In addition, the Attorney General's office requires, annually, or upon change in the terms or use of registered collection agencies, a Council resolution in order to grant approval for the recovery of costs associated with the collection of defaulted Provincial Offences fines" FINANCIAL CONSIDERATIONS Upon written consent of the Attorney General, Muskoka will decrease the budget allocation for collection fee commission by $22,000., Respectfully submitted, With the concurrence of, Joanne Lenze Manager, Court Administration Stephen Cairns Commissioner of Finance and Corporate Services Page 106 of 168

107 THE DISTRIG MUNICIPALITY OF MUSKOKA CORPORATE AND EMERGENCY SERVICES DEPARTMENT 70 PINE STREET, BRACEBRIDGE, ONTARIO Pi L 1N3 Telephone (705) Fax (705) (705 area code) TO: FROM: DATE: SUBJECT: REPORT NO: Chair and Members Corporate and Emergency Services Committee Stephen Cairns Commissioner of Finance and Corporate Services December 7, Tax Supported Budget Guidelines and Timetables CES RECOMMENDATION THAT the 2008 Tax Supported Budget Guidelines and Timetables be approved, ORIGIN As per prior year policies and in following the process in the new policies, AD:52 (Operating) and AD:51 (Capital), staff have prepared the annual Budget Guidelines. ANALYSIS The Finance Budget staff has prepared this document by separating the budget principal guidelines from the actual tasks assigned to various Commissioners and Managers" The Senior Management Team has reviewed the attached Guidelines" The overall objective is to contain any tax rate increase to the rate of inflation (2,,5%) after taking into consideration the assessment growth of 1.1% for a total increase of 3,,5% for programs currently provided by the District. New programs, requests for additional resources to effect a service level change, new funding requests from outside boards and increases in the roadway construction budget above 3.5% to comply with the road's capital funding policy as approved by District Council, would be in addition to this target.. In preparing the 2008 draft operating budgets, staff will have to consider the following economic factors: The year over year rate of inflation as at October 2007 including the energy sector is 2..4% and excluding the energy sector is 1,,9% Construction Index is 3,,8% Current labour contracts are ongoing Contractual obligations Page 107 of 168

108 EXISTING POLICY The existing policy (Budget Administration AD:52) has been satisfied with the Senior Management Team concurrence, With the approval of Council for these guidelines, staff will proceed with the preparation of the Tax Supported budget FINANCIAL CONSIDERATIONS For the Tax Supported (or general levy) budget, the Finance staff will work closely with the respective department managers and is expected to meet the target for current service levels" Respectfully submitted, Stephen Cairns Commissioner of Finance and Corporate Services Page 108 of 168

109 THE DISTRICT MUNICIPALITY OF MUSKOKA 2008 TAX SUPPORTED BUDGET GUIDELINES These guidelines are intended to provide direction in the development and review of Department budgets" They are recommended by the Corporate and Emergency Services Committee.. Support is provided to the Corporate and Emergency Services Committee through the budget development process by the Chief Administrative Officer, Commissioner of Finance and Corporate Services and the Senior Management Group" Budget Principle All of the following guidelines will have regard for the District budget policy AD:51 and AD:52, procedural guidelines supplied by the Commissioner of Finance and Corporate Services and the underlying principle in the budget process of striving to minimize increases in District levies by limiting expenditures and living largely within revenues from growth in assessment, Provincial funding, user fees and other non-taxation related sources" OPERATIONS BUDGET 2008 Budget Target District Council and its Standing Committees will collectively target, on a corporate "best effort" basis, to hold the line on the 2008 general tax rate to within the 2008 inflation rate increase for current service levels" General Restraint will continue again in 2008 by holding the line on program growth beyond programs initiated in prior years and being phased in subsequent to 2007" Departments may submit new programs together with a business case and organizational restructuring, especially those having levy impacts within the targets of these guidlines., A corporate program will be maintained in 2008 that effectively meets the Province's mandatory performance measurement and reporting requirements in the required core service areas. The District representatives shall encourage The Simcoe/Muskoka Board of Health and other requisitioning bodies to adopt guidelines which have an impact similar to the foregoing budget guidelines" Narratives An annual report detailing the functional purpose of the budget being presented for 2008, significant budget changes and key service indicators for each major cost center, will be prepared by each Department for review and decision by the respective Standing Committees and Council in concert with the department's proposed budget.. The Commissioner of Finance and Corporate Services shall use the multi-year projections to calculate a three-year projected tax rate for both general tax and rate supported budgets. Page 109 of 168

110 CAPITAL BUDGET The 2008 curent year and the 10 year projections for various projects will have regard for, but will not be limited to: Roads Needs Study Roads capital funding policy approved by District Council Airport stategic long range plans Facility upgrades throughout Muskoka Official plans and other studies TIMETABLE Tax Supported Budget (Operations and Capital).ITY DATE Budget Corporate and '7,2007 Services Committee District Council January 14, 2008 Distribution of Draft BUdgets to Financial Services December 10, 2007 Departments Departments Complete January 25, 2008 Senior Management Team March 12, 2008 Standina Committees March 17, 2008 Corporate Budget Presentation Committee of the Whole March 26, 2008 Council Ratification of Final Budaet District Council April 7, 2008 Page 110 of 168

111 THE DISTRIG MUNICIPALITY OF MUSKOKA CORPORATE AND EMERGENCY SERVICES DEPARTMENT 70 PINE STREEl BRACEBRIDGE, ONTARIO P1L 1N3 Telephone (705) 645~2231 Fax (705) ~ (705 area code) TO: FROM: DATE: SUBJECT: REPORT NO: Chair and Members Corporate and Emergency Services Committee Debi Guy Finance Manager, Revenue December 7, 2007 Mandatory Connection By-Law CES~13~2007~3 RECOMMENDATION None.. For information only.. ORIGIN Report No.. CES~3~2007~4 proposed timelines for implementing the mandatory connection provisions of By-law 2007~24. In compliance with the proposed timetable, staff has prepared a report on the results of the initial rnailinqs, ANALYSIS Since May of 2007 approximately 621 notices have been sent to property owners identified as being required to connect to municipal water and/or sewer services. To date thirty-eight (38) Appeal requests have been received in writing of which twenty-seven (27) have been reviewed by the Appeal Committee. Five (5) Appeal Requests have been declined, three (3) were granted extensions, fifteen (15) were granted temporary exemptions and the remainder are pending further investigation.. Since the implementation of the Mandatory Connection By-law 2007~24 property owners have proceeded with connecting to municipal services, The results are summarized in the following table.. # Of Properties Connected to Available Services System Water Sewer Both Total Total only only Services Water Sewer Bala Bracebridge Gravenhurst Huntsville MacTier 2 2 Port Carling Port Severn Total Page 111 of 168

112 Muskoka provided property owners with a financing option in order to assist them in paying for the costs of connecting their property to the municipal water and/or sewer systems, To date four (4) Loan Applications have been approved" Out of the four (4) applications three (3) have requested the ten (10) year repayment option and one has requested the five (5) year repayment option" In February 2008 a second letter emphasizing that property owners only have one more year to connect will be prepared and circulated" A report will be submitted to Committee and Council in October 2008 with the results of the second mailings and in December 2008 a report will be submitted with the final results of both mailings" Finally, in 2009 a case-by-case review of those properties not yet connected will be conducted and if necessary a report will be forwarded to Committee and Council on the requirement of further action in accordance with the by-law. Respectfully submitted, In concurrence, Debi Guy Finance Manager, Revenue Stephen Cairns Commissioner of Finance and Corporate Services Page 112 of 168

113 THE DISTRIG MUNICIPALITY OF MUSKOKA CORPORATE AND EMERGENCY SERVICES DEPARTMENT 70 PINE STREET, BRACEBRIDGE, ONTARIO P1L 1N3 Telephone (705) Fax (705) (705 area code) lnww.muskoka. on.cs TO: FROM: DATE: SUBJECT: REPORT NO: Chair and Members Corporate and Emergency Services Committee Mike Duman Director of Finance December 7, 2007 Inflation Index - Local Improvement Charges CES RECOMMENDATION THAT the 2008 Local Improvement Charge for gravity sewers be $7,520 and $3,760 for low pressure sewers and water" ORIGIN Annual review of local improvement charges to ensure appropriate cost recovery for local improvement projects initiated during ANALYSIS In 2007, the local improvement charges for gravity sewers were $7,250 and for low pressure sewers and water were $3,625. Analysis completed in indicate these values are well below total cost recovery, but it was decided to wait until the new development charge study was finished so that a comprehensive long term financial plan for water and sewer financing could be completed. At that time, Council can decide what share local improvement contributions should have in financing expansion of the water and sewer distribution systems. The new development charge by-law is expected to be approved in the fall of 2008" In the interim, it is prudent to increase the 2007 rates by the increase in the construction price index for the period ended October 2007 of 3,,8%.. Respectfully submitted, Mike Duman Director of Finance With the concurrence of, -M-~ Stephen Cairns Commissioner of Finance and Corporate Services Managing Our Legac!1 Together Page 113 of 168

114 THE DISTRIG MUNICIPALITY OF MUSKOKA CORPORATE AND EMERGENCY SERVICES DEPARTMENT 70 PINE STREET, BRACEBRIDGE, ONTARIO P1L 1N3 Telephone (705) Fax (705) (705 area code) wvvw.muskokaon.ca TO: FROM: DATE: SUBJECT: REPORT NO: Chair and Members Corporate and Emergency Services Committee Mike Duman Director of Finance December 7,2007 Inflation Index - Development Charges CES RECOMMENDATION THAT an increase of 3.8% in Development Charges in accordance with Section 23 (1) of By-law be authorized effective February 1, ORIGIN By-law which is the District's Development Charge by-law provides for annual indexing of the charges upon approval of the Corporate and Emergency Services Committee. ANALYSIS By-law imposed development charges for roads, water and sewer effective November 1, The by-law is valid for five years so Section 23 provides for the indexing of the charges in accordance with the regulations to the Act The rates were changed on February 1, 2007 by 3.,6% in line with the construction price index for the year ended October 2006" The construction price index for the year ended October 2007 was 3,,8% higher than the previous year.. A revised rate schedule has been included for your information which shows the present rate and the new rate plus the adjusted rates for the next year. The increase for a single-family home is $ in an urban area and $ in a rural area. Council has approved that a new development charge study be undertaken in 2007 in order to ensure that development charges raise sufficient funds to provide an appropriate share of new capital works that are development driven" It is expected that this report will be available to Council in the fall of 2008" Respectfully submitted, Mike Duman Director of Finance With the concurrence of, ~~ Stephen Cairns Commissioner of Finance and Corporate Services Managing Our Legacy Together Page 114 of 168

115 CES SCHEDULE "B" TO BY-LAW NO AMOUNTS PAYABLE FOR RESIDENTIAL DEVELOPMENT CHARGES PER UNIT DATE OF ISSUE OF BUILDING PERMIT Housing Unit Type Charge Type Nov 1/03 Nov 1/04 Feb 8/05 Nov. 1/05 Feb..1/06 Nov. 1/06 Feb 1/07 Nov 1/07 Feb 1/08 to Oct. 31/04 Feb 7/05 to Oct 31/05 to Jan. 31/06 to Oct. 31/06 to JAN 31/07 to Oct. 31/07 to Jan 31/2008 to Oct 31/08 Single Famiiy/Semis Roads 1,070 2,141 2,250 3,375 3,466 4,622 4,788 4,882 5,068 Water 1,550 1,550 1,629 1,629 1,673 1,673 1,733 1,921 1,994 Sewer 2,061 2,061 2,166 2,166 2,225 2,225 2,305 3,219 3,342 Total Urban 4,681 5,752 6,045 7,170 7,364 8,520 8,826 10,023 10,404 Rural sewer Total Rural 1,395 2,469 2,595 3,723 3,823 4,982 5,162 5,259 5,459 Low Density Multiples Roads 942 1,884 1,980 2,970 3,050 4,067 4,214 4,296 4,460 Water 1,364 1,364 1,434 1,434 1,472 1,472 1,525 1,691 1,755 Sewer 1,814 1,814 1,906 1,906 1,958 1,958 2,028 2,833 2,941 Total Urban 4,119 5,062 5,320 6,310 6,480 7,497 7,767 8,820 9,156 Ruralsewer Total Rural 1,228 2,173 2,284 3,276 3,364 4,385 4,542 4,628 4,804 Apartments(2+bedrooms) Roads 706 1,413 1,485 2,227 2,287 3,050 3,160 3,222 3,345 Water 1,023 1,023 1,075 1,075 1,104 1,104 1,144 1,268 1,316 Sewer 1,360 1,360 1,430 1,430 1,468 1,468 1,521 2,125 2,206 Total Urban 3,089 3,796 3,990 4,732 4,860 5,623 5,825 6,615 6,867 Ruralsewer Total Rural 921 1,630 1,713 2,457 2,523 3,288 3,407 3,471 3,603 Apartments(1 bedroom or less) Roads ,485 1,525 2,034 2,107 2,148 2,230 Water Sewer ,014 1,417 1,470 Total Urban 2,060 2,531 2,660 3,155 3,240 3,749 3,884 4,410 4,577 Ruralsewer Total Rural 614 1,086 1,142 1,638 1,682 2,192 2,271 2,314 2,402 AMOUNTS PAYABLE FOR NON-RESIDENTIAL DEVELOPMENT CHARGES PER SQUARE METRE DATE OF ISSUE OF BUILDING PERMIT Charge Type Nov. 1/03 Nov. 1/04 Feb 8/05 Nov 1/05 Feb 1/06 Nov. 1/06 Feb 1/07 Nov 1/07 Feb 1/08 to Oct. 31/04 to Feb 7105 to Oct 31/05 to Jan. 31/06 to Oct 31/06 to Oct. 31/07 to Oct 31/07 to Jan 31/08 to Oct 31/08 Non-residential Roads Water Sewer Total Urban Ruralsewer Total Rural Note: Mixed use All development types Charged as determined by equivalency to the above uses Note: Subjectto reviewfor construction price indexincreaseseveryjanuary1st Page 115 of 168

116 THE DISTRIG MUNICIPALITY OF MUSKOKA CORPORATE AND EMERGENCY SERVICES DEPARTMENT 70 PINE STREET; BRACEBRIDGE, ONTARIO P1L 1N3 Telephone (705) Fax (705) (705 area code) lnvvw.muskoka onca TO: FROM: DATE: SUBJECT: REPORT NO: Chair and Members Corporate and Emergency Services Committee Mike Duman Director of Finance December 7,2007 Authorization of Borrowing of Funds CES RECOMMENDATION THAT Muskoka District Council approve By-laws and at the January 14, 2008 District Council meeting.. ORIGIN The annual authorization of borrowing of funds to meet current or capital expenditures of the Corporation for the new year until the taxes are collected and other revenues are received. ANALYSIS By-law is a by-law to authorize the borrowing of Twenty Million Dollars ($20,000,000) from Reserve Funds, and By-law is a by-law to authorize the borrowing of funds from the Bank of Nova Scotia in accordance with our operating agreement with the bank. Respectfully submitted, Mike Duman Director of Finance With the concurrence of, -#t-~ Stephen Cairns Commissioner of Finance and Corporate Services Managing Our Legacy Together Page 116 of 168

117 THE DISTRICT MUNICIPALITY OF MUSKOKA BY-LAW NO A By-law to authorize the borrowing of Twenty Million Dollars ($20,000,000). WHEREAS the Council of The District Municipality of Muskoka (the "Corporation") deems it necessary to borrow the sum of Twenty Million dollars ($20,000,000) to meet, until the taxes are collected and other revenues are received, current or capital expenditures of the Corporation for the year BE IT THEREFORE ENACTED as a By-law of the Corporation as follows: 1. The Chairman and Treasurer are hereby authorized to borrow on behalf of the Corporation from the RESERVE (The Consolidated Reserve Funds, Trust Funds, or any other person) from time to time by way of promissory note a sum or sums not exceeding at anyone time Twenty Million dollars ($20,000,000) to meet, until the taxes are collected and other revenues are received, current or capital expenditures of the Corporation for the year The Chairman and Treasurer are hereby authorized to sign, make or draw on from time to time promissory notes for the sum or sums so borrowed with interest. 3. The Treasurer is hereby authorized and directed to apply in payment of all sums borrowed from the Reserve and of any interest thereon, all of the moneys hereafter collected or received on account or realized in respect of the taxes levied for the current year and for any preceding years and all of the moneys collected or received from any other source. READ A FIRST TIME: READ A SECOND TIME: January 14, 2008 January 14, 2008 THE DISTRICT MUNICIPALITY OF MUSKOKA Chairman READ A THIRD TIME AND FINALLY PASSED: January 14, 2008 Clerk THE DISTRICT MUNICIPALITY OF MUSKOKA Chairman Clerk Page 117 of 168

118 THE DISTRICT MUNICIPALITY OF MUSKOKA BY-LAW NO A By-law to authorize the borrowing of funds from the Bank of Nova Scotia WHEREAS pursuant to the Municipal Act, 2001, S.O" 2001, c.25 as amended, The District Municipality of Muskoka may borrow monies and incur debts for municipal purposes; AND WHEREAS the Council of The District Municipality of Muskoka deems it necessary to borrow money for various purposes during the year 2008 from the Bank of Nova Scotia; AND WHEREAS the requirements of the Municipal Act, 2001 have been met; AND WHEREAS pursuant to Section 5(3) of the Municipal Act, 2001 municipal powers, including the power to borrow, must be exercised by by-law except in limited circumstances; THEREFORE the Council of The District Municipality of Muskoka ENACTS AS FOLLOWS: 1" The District Municipality of Muskoka (hereinafter "the Corporation") shall be and is hereby authorized to borrow from the Bank of Nova Scotia (hereinafter "the Bank") from time to time by way of promissory note or bankers' acceptance a sum or sums not exceeding at anyone time Twenty-Three Million dollars ($23,000,000) to meet, until the taxes are collected and other revenues are received, current expenditures of the Corporation for the year The Corporation shall be and is hereby authorized to borrow from the Bank from time to time by way of promissory note or bankers' acceptance a sum or sums not exceeding at anyone time Forty Million dollars ($40,000,000) temporarily to finance capital expenditures until permanent long term financing is secured. 3. The Corporation shall be and is hereby authorized to borrow from the Bank from time to time by way of promissory note or bankers' acceptance a sum or sums not exceeding at anyone time Three Million dollars ($3,000,000) for equipment financing - Revolving Line (Scotia Leasing) to finance capital expenditures. 4. The Corporation shall be and is hereby authorized to borrow on behalf of the Corporation from the Bank from time to time by way of promissory note or bankers' acceptance a sum or sums not exceeding at anyone time Two Million dollars ($2,000,000) for Commercial Card availment. 5" The Chair and Treasurer shall be and are hereby authorized to sign, make or draw on behalf of the Corporation and to furnish to the.bank from time to time promissory notes or bankers' acceptances for the sum or sums so borrowed with interest or any other charges at such rate as the Bank may from time to time determine" Any such document is valid only if signed by both the Chair and Treasurer. 6. The Treasurer shall be and is hereby authorized and directed to furnish to the Bank at the time of each borrowing and at such other times as the Bank may from Page 118 of 168

119 Page 2 of By-law time to time request, a statement showing the nature and amount of the estimated revenues of the current year not yet collected or where the estimates for the year have not been adopted, a statement showing the nature and amount of the estimated revenues of the Corporation as set forth in the estimates adopted for the next preceding year and also showing the total of any amounts borrowed in the current year and in any preceding year that have not been repaid. 7. All sums borrowed from the Bank and any interest thereon and any other charges in connection therewith shall be a charge upon the whole of the revenues of the Corporation for the current year and for any preceding years as and when such revenues are received and that the Chair and Treasurer shall be and are hereby authorized to sign all such assignments of the said revenues of the Corporation as the Bank may require. 8. The Treasurer shall be and is hereby authorized and directed to apply in payment of all sums borrowed from the Bank, and of any interest thereon and any other charges in connection therewith, all of the moneys hereafter collected or received on account or realized in respect of the taxes levied for the current year and for any preceding years and all of the moneys collected or received from any other source. 9. This by-law shall come into force and take effect on third reading. READ A FIRST TIME: READ A SECOND TIME: January 14, 2008 January 14, 2008 THE DISTRICT MUNICIPALITY OF MUSKOKA Chair READ A THIRD TIME AND FINALLY PASSED: January 14, 2008 Clerk THE DISTRICT MUNICIPALITY OF MUSKOKA Chair Clerk Page 119 of 168

120 ,~,_,,,,,,,,,,,,,, _ _" ~.,,,.M " _.. ".. OMERS: One Year Later... CES INFO-A Report to Municipal Employers on AMO's Sponsorship Role AMO wishes to update members on its activities as the designated representative for municipal employers under the new joint governance model for OMERS. The implementation of Bill 206, The Ontario Municipal Employees Retirement System Act, 2006 began last June when the legislation took effect. First...Background Reminder The legislation removed the Province ofontario as sponsor forthe Plan and gives that role to employers and employees. The Plan is a multi-employer pension plan with almost 900employers and over 350,000 active retired members and net investment assets exceeding $48 billion" Employers include municipal governments, school boards, Children's Aid Societies, Go Transit, MPAC, boards of health, local electricity distribution corporations, among others. AMO is named inthe legislation as sponsor formunicipal governments paying into the pension plan. Toronto issimilarly named. CUPE is the largest employee representative. Last year, AMO held a special meeting of OMERS municipal employers to seek input on a proposal to appropriately represent their interests at both the Sponsors Corporation (SC) and the Administration Corporation (AC). Atthe core of the discussion was the question - how critical is it to municipal employers that their interests be fully and effectively represented and supported on an on-going basis and if critical, are you willing tofund the necessary work on an on-going basis. Over 300 participants atthat special meeting acknowledged that with devolution, municipalities must rely on qualified pension expertise, strong legal counsel, qualified representatives and a united voice to ensure that municipal employers' interests are reflected. Municipal governments' operating budgets are predominately labour related costs, so the work of both the SC and AC isof significance in terms ofbenefits and contribution rates. It was recognized that the employee groups have been well resourced forquite some time and ifamo isto represent the interests of municipalities, then it needed to be resourced to protect the interests of municipalities as employers. AMO received overwhelming support on its proposal to implement a special fund based on a yearly per employee amount. Joint Employer/Employee Governance The Sponsors Corporation is responsible for plan design, with the exception of the initial design work for Supplemental Plans This means that the SC determines benefit improvements, contribution rate adjustments, and any amendments to change the reserve to stabilize contribution rates The Administration Corporation acts as the administrator of the pension plan and trustee ofthe pension funds The bylaws ofthe Corporations set out voting req uirements Rising to the Challenge AMO has been extremely active in itssponsorship role. The yearly special fund allows us to retain qualified legal and pension expertise and actuarial assistance. As is evident from activities todate, those outside resources provide in-depth expert advice. It was certainly important as we provided feedback to OMERS AC's proposals for the Supplemental Plan design. AMO was very concerned with the lack of disclosure through the consultation process on many of the Plan's design elements and similarly concerned with those that were disclosed. Our response was detailed, focusing on benefit levels, past service and inflation protection. We pointed out where the plan design went further than needed and positioned legal action as a potential response. The AC has completed its work and the Supplemental Plan has been registered with the Regulator. Details ofamo's response tothe proposed Supplemental Plans can be found on the AMO website. ~ M O i S research and analytical work to support its four representatives is only made possible through the;] on-going AMO OMERS special fund 2008 invoices have been sent to affected OMERS municipal employers NOVEMBER 2007, VOL. 1 Page 120 of 168

121 CES INFO-A Rising to thechallenge,.. _".. Continued... AMO has participated in a number of presentations on the impact of supplemental plans toa variety of municipal employer gatherings including Mayors and Chairs groups (MARCO and LUMCO) as well as Ontario Municipal Human Resources Association and the Ontario Municipal Administrators Association. OMERS recent presentation atthe Counties, Regions and Single Tier Conference provided examples of benefit and costing information for the five supplement plan provisions (Le., 2.33% accrual rate, 80 factor, 85 factor, "Best four" and "Best five" earnings). Acopy ofthis presentation is also available on AMO's website. OMERS costing confirmed AMO's position during hearings on Bill the costs ofsupplemental plans are very high and will be substantial for both employers and employees if negotiated locally. At the time of writin~, AMO is unaware of any supplement plans having been negotiated. One ofthe SC's early decisions was to proceed with a Co-Chair structure with a municipal representative (Marianne Love, AMO) and an employee representative (Brian O'Keefe, CUPE Ontario)" Bill 206 set out the initial SC composition and provided a default structure should a bylaw not be negotiated before June 1, During the discourse ofthe bylaw, it became apparent that the legislation provided some hurdles tofuture composition. Municipal representatives sought advice and were provided ideas on different features and approaches tothe various bylaws" After a great deal oflegwork, the SC has adopted its first round of bylaws - indemnification, composition, borrowing and banking authority, general corporate operating matters and advisory committees ofthe SC., Five proposals forplan design changes that predate Bill 206 are with the SC. Ofpartlcular note is a proposal to move paramedics to NRA 60. While the Income Tax Act (federal) adds paramedics to Emergency Occupations, it has to be recognized by the SC before it can be negotiated atthe local level. AMO undertook research to help itsrepresentatives deal with this proposal LATE BREAKING NEWS Employer representatives at the SC were successful in turning the NRA 60 proposal away, More details will come forward in our next newsletter. _.... f=:~:~~~-n~~~~~;:~~~~:;~:---- AMO appeared before the Ontario Expert Commission on Pensions. The Commission is examining the legislation that governs the funding of defined benefit pension plans, the rules relating to pension deficits and surpluses, and matters related to security, viability and sustainability of the pension system in Ontario. AMO's submission is posted on its website. New Approach at AMO AMO's Board of Directors recently directed that a new governing structure be established todeal with AMO's mandated representative role as sponsor. Why a separate corporation? First, it separates AMO's normal advocacy and policy development role from its OMERS sponsorship obligations. It also recopnizes the importance and permanency ofthat sponsor~.hlp responsibility As well, it strengthens accountability by recogniz.ing that not all municipal governments oramo members are OMERS Plan members.. The principles of accountability, fairness and representation are a~hiev~~ through a separate corporation. The structure Will facilitate the participation of other designated employer groups (e.g., Toronto, police service boards, school boards) who may see the benefit in pooling resources to support the interests of employers. Incorporation is proceeding and the new corporation (name to be confirmed) is expected to operational by January 1 with the responsibility for the support fund and relat~d budget. Work is to be transferred tothe new corpora.tlon along with recruitment offuture OMERS representatives. Stay tuned formore details on the new corporation in the next issue. OMERS Court Application Bill 206 sets out that the AC will provide reasonable administrative and technical support to the SC. Questions concerning the proper interpretation?f. Bill 206 and related sections of costs have led to a [oint protocol that is intended to resolve the uncertainty. The protocol was developed by the employer and employee representatives on both the sq and A~.. The purpo~e of the court application IS to obtain a judicial declaration 10 a proactive manner so that the AC and SC can proceed with implementing the legislation with assuredness NOVEMBER 2007, VOL. 1 Page 121 of 168

122 or THE-DJSTRIG-.MuNICIPALITY OF MUSKOKA LEGAL DEPAR1MENT '70 PINE STREET, BRACEBRIDGE, ONTARIO P1L 1N3 Telephone (705) FAX (705) (705 area code) WW'!Y,-muskoka.on.ca TO: FROM: DATE: Chair and Members Corporate and Emergency Services Committee David G. Royston District Solicitor November 13, 2007 SUBJECT: Selection of Muskoka District Chair-- Options,- Our File: D-048 (0) REPORT NO.: CES '---"'--'--- DISTRIBUTION _....._..._..._--_._-_. This paper contains an overview of the various potential options for selection of the Muskoka District Chair, the obtaining of public input with respect to the matter and related issues such as voting by the Chair. It does not contain any specific legal advice and as such, is not subject to solicitor client privilege and, therefore, is a public document. ORIGIN Council request ANALYSIS Throughout this paper, a number of terms have been used to ensure that full consideration can be given to this matter. For example, the basic issue is the method of selecting the Chair of the Muskoka District Council. Selection mayor may not involve an election and that election mayor may not include voting by the general public. This paper identifies two methods of selection, each of which may have pros and cons associated with them. It is hoped that by identifying the selection techniques, full consideration can be given to each. B. Historical Background Over the years, there have been changes to the methods of selecting the Chair. Three of the most recent approaches are as follows: Managing OUf Legacy Together Page 122 of 168

123 Page 2 (a) (b) (c) Prior to 1992 (copy of relevant sections of The District Municipality of Muskoka Act, RS.. O 1990, c.d 14 included in Appendix 1), the Chair was selected by way of an election by the mayors elect and members elect of the Muskoka District Council at a special meeting in advance of the first meeting of Council. At this special meeting the members elect and mayors elect would receive nominations and vote. Various procedural issues were addressed in both The District Municipality of Muskoka Act and the Muskoka District Council procedure by-law. In 1992, the situation changed with the Municipal Statute Law Amendment Act, 1992 S.O. 1992, c.15. At the time, the special meeting was discontinued and the election was to be held as the first item of business of the first meeting of Council (copy of statutory extract included with Appendix 1). As of January 1, 2003, the Municipal Act, 2001 came into force. Under section 233 (2) of that Act (copies of relevant sections included as Appendix 2), the Chair is to be selected by way of an appointment process at the first meeting of Council. Appointment by secret ballot also became permitted. Various procedural aspects are addressed by the Municipal Act, 2001 and the Council Procedure by-law, Section 458 (copy included in Appendix 2) of the Municipal Act, 2001 must be noted. It states: ( "On January 1, 2003, the composition of the council of a municipality, the method of electing or appointing its members, the number of votes given to each member and the titles of its members shall be the same as they were on December 31,2002" Section 233, being more specific, would govern over the more general section 458. Note in this regard that section 233 does not make any references to "except where otherwise provided". Accordingly, between 1990 and the present, the following important changes have occurred: / (1) there has been a subtle change in the selection methodology from "election" to "appointment"; (2) the selection now takes place at the first meeting of Council as opposed to a special meeting in advance; and (3) a secret ballot is permitted (but not obligatory) (section 233 (5». To date Muskoka District Council has employed the open voting method C. Votil]9 Rights of Chair Also, with the advent of the Municipal Act, 2001 some confusion has developed regarding the voting rights of the Chair. Section 11 (3) of the former The District Municipality of Muskoka Act provided that the person presiding at Council meetings (either the Chair or the Acting Chair), had a vote only in the event of a tie. Section 243 of the Municipal Act, 2001 now provides that except where otherwise provided, every member of council shall have one vote Copies of these provisions are included in Appendix 3. The confusion arises as a result of section 458 which refers to number of votes before the Municipal Act, 2001 came into force, but does not refer to when those votes may be exercisable It is recommended that as part of this review, steps be taken to fully clarify the situation D. Options for Selection of Chair The options include, but are not limited to: Page 123 of 168

124 Page 3 (1) maintain the current Council appointment method of selecting the Chair and the status quo on all related issues; or (2) maintain the current Council appointment method, but proceed by way of secret voting on the appointment resolution This option is presently available under section 233 (5) of the Municipal Act, Only an amendment to the Council procedure by-law would be required to implement this option; or (3) selection by general vote at large as part of regular municipal elections. If this option is the preferred selection methodology, legislative action will be required to implement the option. The two methods of legislative action available to implement this option are described later in this paper.. E. Methods of Securing Public Input Given that option D (3) would require legislative action by the Province, it is recommended that some formal public consultation process be undertaken An absence of such consultation process prior to any request for legislative action would not only open the door to criticism on the basis of a failure to meet the standards of openness and transparency, the Province, in any event, may require evidence of such consultation prior to consideration of legislative action" There is substantial time available until the next general municipal election and Council may wish to consider the following approach: (1) formally accept this paper and table it to provide Council members and other interested parties with a period of time to consider the issues and make such inquiries as they deem appropriate; (2) schedule a date on which a presentation may be made in public to review the options detailed and address any non-legal questions" Notice of such a meeting may be posted on Muskoka's website or perhaps in newspapers; (3) formal public meetings to gather input from the public may be considered; (4) once the public consultation phase has been completed, Council will have to consider options. Council may wish to consider a referendum Included in AppendiX 4 are copies of sections 8 and 8.1 to 8.3 of the Municipal Elections Act, 1996, which is the legislation applicable to municipal referendums; (5) if Council determines that a referendum is desirable, the earliest possible date for any such referendum is the next general election. Sections 8.1 (2) and 82 (1) of the Municipal Elections Act, 1996 should be noted. They state: "8.,1 (2) A question authorized by by-law under clause 8 (1) (b) shall comply with the following rules: 1. It shall concern a matter within the jurisdiction of the municipality. 2. Despite rule 1, it shall not concern a matter which has been prescribed by the Minister as a matter of provlncial interest. 3.. It shall be clear, concise and neutral 4 It shall be capable of being answered in the affirmative or the negative and the only permitted answers to the question are "yes" or "no" Page 124 of 168

125 Page (1) The results of a question authorized by a by-law under clause 8 (1)(b) are binding on the municipality which passed the by-law if, (a) at least 50 per cent of the eligible electors in the municipality vote on the question; and (b) more than 50 per cent of the votes on the question are in favour of those results.." Given the requirements and the second option regarding legislative action detailed in section H of this paper, any referendum question must be kept clear, concise and neutral and be capable of being answered "yes" or "no", such as: "Should the Muskoka District Council Chair be selected by general vote at each regular municipal election?" F. The Two Basic Selection Method Options As noted above, there are two basic selection options: 0) current selection by Council appointment; or (ii) election by general vote Attached as Appendix 5 is a review of the approaches presently in place in other municipalities across the Province. G. Election Issues - Process_and Procedures In any two tier system, there are various practical issues associated with running elections that would arise. Presently, all candidates for Muskoka District Council are also candidates for Area Councils as well. Accordingly, the Area Clerks are responsible for administering the elections. In the event that the Chair is to be selected by general vote, the following issues, amongst others, arise: (i) (ii) (iii) who would candidates for District Chair be required to file nomination papers with? which council(s) would set the rules application to the election? accountability issues? (eg who would certify election expenses and reporting, etc.) A comparison may be found in the Education Act with respect to trustees. Under that Act, the municipal election process is used with a variety of modifications H. Options for Lggjslative Action If it is determined that the preferred method of selecting the Chair is by way of general vote. there are two options for implementing changes from the current method: Page 125 of 168

126 Page 5 (i) Legislative Actio!1 Option 1 The first option is to request specific legislation from the Province. The Regional Municipality of Waterloo used this approach in 2000 when it moved to a direct election system. A copy of the Waterloo legislation is included as Appendix 6.. Section 6..1 of that legislation illustrates an approach for addressing some of the issues noted in Section G of this paper. If this method is preferred and the Province agrees, the legislation could be effective for the next general election. Key steps in this method would be: (i) formal request by Muskoka to amend the Municipal Act, 2001; (ll) Province would likely require some indication that there is at least some majority of Area Councils in support; (iii) evidence of public consultation; and (iv) the support of Muskoka's MPP would be required to sponsor the amending legislation; or (Ii) Legislative Action OotioO.2- The second option is to proceed under section 218 of the Municipal Act, 2001 (copy of sections 218 and 219 included as Appendix 7) which, subject to an appropriate regulation being in place, permits a limited number of changes to be made by by-law of the municipality.. Of particular note is item 2 of section 218 (1) and section 218 (2) (b) which state: "218 (1) Without limiting sections 9, 10 and 11, those sections authorize an upper-tier municipality to change the composition of its council subject to the following rules: 2. The head of council shall be elected by general vote, in accordance with the Municipal Elections Act, 1996, or shall be appointed by the members of council. 218 (2) (b) Without limiting sections 9, 10 and 11, the power to change the composition of council includes the power to, (b) change the metbod of.selectingjd. 1mberS of.the council, including having members directly elected to the upper-tier council and not to the council of a lower-tier municipality, members elected to serve on both the upper-tier and lower-tier councils or members elected to the lower-tier councils and appointed to the upper-tier council by the lower-tier municipalities, or a combination of methods of election," The combined effect of these provisions is that, subject to conditions and various processes, changing to selection of the Chair by general vote may be made by by-law Also of note is section 218 (5) which states: "A regional municipality shall not pass a by-lawdescribed in this section unless the Minister has, by regulation, authorized the regional municipality to exercise the powers described in this section." Page 126 of 168

127 Page 6 Section 1 of the Municipal Act, 2001 defines "regional municipality" as including a district municipality.. Accordingly, a pre-condition to any by-law under this section would be a Ministerial regulation., The key steps in this method would be: (i) (ii) (iii) (iv) (v) request Ministerial regulation under section 218 (5); give notice of intention to pass a by-law and hold public meeting under section 219 (2); pass by-law; confirm whether the voting with respect to the by-law meets the requirements. In this regard, section 219 (2) states: "A by-law described in section 218 making changes described in clauses 218 (2) (a), (b) and (c) or in subsection 218 (3) is not valid unless, (a) a majority of all votes on the upper-tier council are cast in its favour; (b) a majority of the councils of all lower-tier municipalities forming part of the uppertier municipality have passed resolutions consenting to the by-law; and (c) the total number of electors in the lower-tier municipalities that have passed resolutions referred to in clause (b) form a majority of all the electors in the upper-tier rnunlcipallty." timing is addressed in sections 219 (3) and (4) and depends on when the by-law to implement the changes was passed If the by-law is passed on or after January 1 st of a year in which a regular election is being held, the by-lawis not effective until the next election. Otherwise, it is effective for the next regular election after date of passage" This paper has outlined the options available to Council for the important task of selecting the District Chair. Following due and careful consideration of this matter by Council, staff will respectfully implement whatever directive is determined by Council. DGR:sb AUs. (/~.- -.,~.._.-~ [) vid G. Royston, District Solicitor Page 127 of 168

128 INDEX OF APPENDICES Appendix 1 Appendix 2 Appendix 3 Section 8 of the former The District Municipality of Muskoka Act, R.S , c 0.14 (now repealed) Section 20 of the Municipal Statute Law Amendment Act, 1992 S , c.15 Sections 233 (2) and 458 of the Municipal Act, 2001, S.O c.25, as amended Section 11 (3) of the former The District Municipality of Muskoka Act and section 243 of the Municipal Act, 2001 Appendix 4 Sections 8 and 8..1 to 8..3 of the Municipal Elections Act, 1996, SO.. as amended 1996, c:~z, Appendix 5 Appendix 6 Appendix 7 Review of approaches presently in place in other municipalities across the Province Section 23 of Direct Democracy through Municipal Referendums Act, S.O , c.5, as amended (Regional Municipality of Waterloo legislation) Sections 218 and 219 of the Municipal Act, 2001 ( Page 128 of 168

129 342 Chap. D.14 DISTRICT MUNICIPALITY OF MUSKOKA (,..G.. lection of ':hair *l" Nominations Idem Certificate of qualification (f) two members elected as members of the council of the area municipality and of the District Council flam t area m 'cipality of the Township a Lake of B ys as follows, and (i) Fra lin W d and Sin air War.. One member (ii) McLea Ward nd Ridout Ward One member; (g) three members ele ted as members of the council of the area municipality and of the District Council from the area municipality of the Township of Muskoka Lakes as fo ows, (i) Ward A (ii) Ward B. One member One member (iii) Ward C, One member 1982, c. 5,. 3, revised. 8.--(1) The chair shall be elected at a meeting of the mayors-elect of the area municipalities and the members-elect of the District Council which meeting shall be held on the fourth Monday in November or within seven days thereafter in each year in which there is a regular election. (2) The mayors-elect of the area municipalities and the members-elect of the District Council may nominate any person as chair including a member or member-elect of the District Council or a member or memberelect of an area council. (3) Nominations for the office of chair shall be submitted to the clerk of the District Corporation not later than 5 o'clock in the afternoon of the third Monday in November in the year in which an election is to be held under subsection (1). (4) The clerk of each area municipality shall certify, forthwith after the day of the election, under the seal of the area municipality, to the clerk of the District Corporation, the name of the person who is the mayor-elect and of each person who is a member-elect of the District Council representing the area municipality and a person shall not participate in a meeting held under this section until the clerk of the District Corporation has received such a certificate in respect of that person. f) deux membres] de la municipalite de secteur du can' on de Lake of Bays elus a titre de mbres du conseil de la municipalite d secteur et du conseil de district, comm suit: (i) Pour les quartiers Franklin et Sinclair., (ii) Pour les quartiers McLeanet Ridout...,... un membre un membre; g) trois membres de la ill nicipalite de secteur du canton de M skoka Lakes elus a titre de membres 11 conseil de la municipalite de secteur t du conseil de district, comme suit: (i) Pour Ie quartier A..."" (ii) Pour le quartier B. (iii) Pour Ie quartier C... ~. 1982, chap. 5, art. 3, evise. president est elu a une re.on Ele~on du " - d., 1-" d president esignes es murucipa ites secteur et des embres designes du conse de district tenue le quatrieme lundi du moi de novembre, 0 dans les sept jams suiv 18, chaque annee u cours de laquelle a lieu u e election ordinaire. (2) Les mail designee des municipalit de secteur et les embres designee du consei de district peuve t nommer a titre de president un membre u un membre designe du conseil de district u d'un conseil de secteur ou toute autre pers e. (3) Les nominati a la charge de presi- Idem dent sont sournises a secretaire de la municipalite de district au Ius tard it 17 h Ie troi.. sieme lundi de novem re de l'annee au COUl'S de laquelle est tenue u e election aux termes du paragraphe (1). (4) Le secretaire de haque municipalite ~~~i:; de secteur remet au seer taire de Ia municipalite de district, imme iatement apres Ia date de l'election, un ce tificat revetu du sceau de la municipalite d secteu:i et attestant le nom du maire design et des membres designee du conseil du distri representant la municipalite de secteur, Ce personnes ne doivent pas participer a une reunion tenue aux termes du present article avant que Ie secretaire de la municipalite de district n'ait recu Ie certificat. Page 129 of 168

130 ( 204 Election of chair Idem Special case Failure to elect chair Appointment Investment of money Exclusion Chap Clause 15 (2 (c) of the Act is repealed. 22. Subsection (1) of the Act is amended by adding at. e beginning "Subject to the Municipal Freed ofinformation and Protection ofprivacyact' 23. Subsection 70 ( r aled and the following s Sections 167, 167.1, 1.2, and of the Municipal Act ap with necesodifications to the Dist ict Corpora- MUNICIPAL STATU1E LAW ( of the Regional Municipalities Act, Muskoka ou du/pa graphe (1) de la respectiv y. Loisur les municipali 's regionales. DISTRICT CIPALITY OF MUSKOKA ACT LOI SUR LA MUNICIP rre DE DISTRICT DE MUSK KA 20. Sections 8 and 9 of the District Municipality of Muslroka Act are repealed and the following substituted: 8.-(1) At the first meeting of the District Council after a regular election at which a quorum is present, the District Council shall organize as a council and elect as chair one of the members of the District Council, or any other person, to hold office for the term of the council and until his or her successor is appointed or elected in accordance with this Act. (2) At the first meeting, the clerk shall preside until the chair is elected. (3) If a member of the council of an area municipality becomes chair, the member shall be deemed to have resigned as a member of that council, and the member's seat on the council thereby becomes vacant. (4) If a chair is not elected at the first meeting, the presiding officer may adjourn the meeting. \ (5) If a chair is not elected at a subsequent meeting held within one week after the first meeting, the Lieutenant Governor in Council shall appoint a chair to hold office for the term of the council and until the chair'.s successor is elected or appointed in accordance with this Act ( Subsection 86 (2) of e Act is amended striking out "70 per ce t of the uncollected alance" in the sixth and eventh lines and su tituting "from January st to September 30t of the year, 50 per cent, and from October t to December 31st, 25 r cent of the total a ount" (2) Section 86 0 the Act is amended b adding the following bsection: (3.1) For the purp ses of subsections (2) and (3), estimated re nues do not include revenues derivable or de ived from, 20 Les articles 8 et de la Loi sur la nicipalite de district de uskoka sont abroge et remplaces par ce qui it : est (2) L'artic1e 86 de Ia Loi est modifle par adjonction du paragraphe sui nt: Idem (3.1) Pour l'appiication des paragraphes (2) et (3), les revenus estirnatifs e comprennent pas les revenus provenant u pouvant provenir : Page 130 of 168 Exclusion (1) A la premiere H~U 'on du conseil Elec!i0n du d... "I' di president e stnct suivant une e ecti or mane au cours e laquelle il y a quorum le conseil de distric forme un conseil et eli a la presidence de ses membres, ou un autre personne, q i occupe sa charge POUl duree du mandat conseil et jusqu'a l'ele 'on 011 la nominatio de son successeur confo ement ala presen 10L (2) Le sec etaire preside la premie nion jusqu'a I 'Iection du president. (3) Si un me bre du coiiseil d'une mu ici- Cas particulier palite de secte r devient president, il st repute avoir de issionne en tant que me - bre de ce conseil. Son siege devient pal' I fait memevacant. (4) Si un presiden n'a pas ete elu au COUl'S efaut d'elire un president de la premiere reunid,la pel'sonne qui preside la reunion peut aj umet celle-ci. (5) Si un president n a pas ete elu it une Nomination reunion subsequente ten e. dans la semaine suivant la premiere reu 'on, le lieutenant.. gouverneur en conseil no e un president qui occupe sa charge pour duree du mandat du conseil et jusqu'a 'election ou la nomination de son successeur conformement ala presente 10L L'alinea 15 (2) c) de la Loi,st abroge. Le paragraphe 19 (1) de la Loi est modi, par adjonction de «Sous re erve de la Loi sur 'acces Ii l'information munic ale et la protectio de la vie privee», 23 Le aragraphe 70 (1) de la abroge et re place par ce qui suit : (1) Les art I~s 167, 167.1, 167.2, 167. ;~:~:~,~~ de la L. sur les municipalites s'ap Ii-, gent quent, avec les daptations necessaires, a a municipalite de d trict, 24 (1) Le para aphe 86 (2) de la Loi es modlfie par substitu on, it «70 pour cent du solde non pereu» a sixleme et septieme lignes, de «, du ler jan r au 30 septembre de I'annee, 50 pour cent, et du l"' octobre au 31 decembre, 25 pour cent d montant total».

131 ONTARIO MUNICIPAL ACT & COMMENTARY SUPPLEMENT ;(003 l':'ffus/-fij/i ij MUNICIPAL ACT, 2001 estnction ~ \ \ (4) A pers.on elect or.appomted unde~ubsec~on (3) Shall~.t take the seat the council of the. pper-tier rnunicipa ty until the clerk o the upper-tier l~icipality has receiv d the. certificate un er subsection (3) in espect of that pe son. Co dition for conducting. ustness 5) No business shall e conducted at the :l\rst meeting of a coudcil until after the c1arationsof office h ve been made by all\members who.present themselves for th t purpose. \ Deem res~nation \ (6) person shall be de ed to have resigned from an office on of a mur icipality unless the p rson, l (a) i~he case of a regul election or a by-~ectio.. n under section 2 6, takes the declarati n of office with re pect to that office or efore the day of the first council meetin of the new council an \, (b) in t case of a by~elec~on or appointmen~other than a byelecti n under section 26 to fill a vacancy n a council, takes Extension (7) Despite ~ubsection (6), the dpuncil of a municipality may, before the deadline under suj\section (6) has pass~d, extend the deadline by no more than 30 days. S.O. 2001, c. 25, s. '32, III force Janu Appomtment ofhead\.one-year term 233. (1) If the term of office of an appointed head of council of an upper-tier municipality is one year, the council of the upper-tier municipality shall; in each ear of its term, appoint the head of council at its first meeting. r Appointment ofhead, same term as council I (2) If the term of office of an appointed head of council of an upper-tier municipality IS the same as the term of council, the council of the upper-tier municipality shall, in the frrst year of its term, appoint the head of council at its first meeting. Restriction the d laration of office.th respect to that ffice on or before the da of the first council r eeting after the pe son is declared to be elec d or is appomted. (3) No other busmess shall be conducted at a meeting under subsection (1) or (2) until the head of council is appointed..one vote (4) Even though a member of council may have more than one vote in other circumstances, the member only has one vote III the appointment of the head of council. 'Secret ballot (5) The head of council may be appointed by secret ballot. S.O. 2001, c. 25, s, 233, m force January 1, 2003 (Act, s. 485(1». Timing ofappointments..~234. (1.) If a new*ouncil of a.local murn~'~ality after a re~.'1ar electio~ IS re uired to appoint a ember of the new coun 11 of the upper-tie municipality, the local municipality s all do so at its first mee.ng in the first year f its term. Res rictton 2}No Other;bUSIlleS~Shallbe conducted at until the member is appoi ted. S.O. 001, c. 25, s. 234, in force January 1, 2003 (Act, s. 485(1». Term, upper-tier members 23. (1) The term of of~e of a person who bec~s a member of~council of an u per-tier municipalit under subsection 233 (2, section 234 or b- VIrtue of.holdin an office on the ouncil of a lower-tier unicipality IS fa r years beginni g on December 1 III ~e year ofa regular elect on. Term, h d ofcouncil e term of office of ~erson appointed under~ubsection 233 (1~0 fill of head of eouncil f an upper-tier council.r the fourth year f the term of. ffice of. the upper-'er. council continues u til the new coun il IS organized ollowing the next re lar election. S.O. 'WQ~..25, s. 235, III force anuary'i,2003 (Act.,e, ~85(I»; S.O. 2006,\;.9, Sched, H~'~ 5(2) and (3). OCATION OF MEETINGS AND PUBLIC Location 236. (1) he council of a mu icipality shall hold its ~tings and keep ItS public office within the municip ity or an adjacent munici ality at a place set out III the mu. icipality's procedure y-law; ~owe~er, III the ca e of an emergency, it may hold It meetings and keep ts public offices at any nvernent location within or outsi e the municipality, _ Jomt meetings'. ~ (2) Despit subsection (1), a eeting of the councils f two or more mumcipalities f the ""n'i.matioo.o matters ofcommo~ inter. st may be held within anyone of those municipalities or III a rnunicrpality ad] cent to any of 'them. Page 131 of 168

132 <.Y SUPPLEMENT MUNICIPAL ACT, 2001 III (1) shall notbe amended, behalf of or that day. relation to the mull,pip zes the repeal of by-laws I)! s, immunities or exemptions city, town, township, village, ty of Oxford :Act, s. 485(1»; SO. 2002, c. f the Municipal Statute Law ial board, as defined in the rre section 8 of Schedule A to to pass a by-law or resolution authority, orce until its repeal, 'hichever occurs first; ies to apply to the by : day ecessary modifications to this body, other than a municipal : powers or perform duties on ie of the coming into force of ;tatute Law Amendment Act, rovision comes into force, a vv necessary under this Act to to the person or body :xercise OI perform, on (3)If the deemed b law is a delegation by-la, it is also deemed tha both the municipalit and the delegate can exer ise the delegated po Ame d or repeal ( The municipality may amend OI repeal the deemed by-law, S.O. 2006, c. 32, Sched.. A, s Composition ofcouncils continued 458. On January 1, 2003, the composition of the council of amunicipality, the method of electing or appointing its members, the number of votes given to each member and the titles of its members shall be the s~hey were on December 31,2002. S.O. 2001, c. 25, s. 458, in force January 1,2003 (Act, s. 485(1». Wards continue 459. On annary 1, 200'3, the w ds of a municipality and a local board are the same as the were on December 31, 002. S.O. 2001, c. 5, s. 459, in force Jan ary 1, 2003 (Act, s 48 (1»; S.c. 2006, c.. 32, Sched,. A, 189. Continuation 0 'services 460. A lowe -tier municipality that i lawfully providing a w ste management service or facilit on December 31, 20 2 may, despite section provide the servic or facility so long as ere is no interruption i of providing the se.ce OI facility. S.O. 2001, c. 25, s.. 60, in force January 1, 003 (Act, s, 485(1». Conflict re: tree b.y-l s (1) If, on J 'J nary 1, 2003, there is conflict between an u ehi.~r byand a lower-tier by-law relating to th regulation or prohibi'on of the d truction at injuring of trees, the by-law at is the most restric] ve of tj)e de uction or injuring a trees prevails. By- ws made aftgr Dece bersl, 2002 (') SUbsecti~n(1) do not apply to a conflic between a by-law of tiel nicipality passed aft I December 31,2002 der this Act and a bylower- ier municipality pass d after December 31, 02 under this Act',. so. 2 01, c.. 25, s. 461, in 'rce January '1, 200'3 ( ct, s. 485(1»; S.D , Sch d.. A, s ' '. Agreeme t re: flood cbrltrol A62. espitethe repeal of paragraph 15 of sectio paragraphcontinues to apply to land acquired by a 397 Page 132 of 168

133 J {! 344 Chap. D.14 DISTRICT MUNICIPALITY OF MUSKOKA Fust meeting of District Council Certificate of qualification Declaration of members Exception When chair may preside QUOlUm voting One vote Chait vote Vacancies, 'lair tion shall be he not later tha the seventh ay following th day on whic the term of ffice in respect of which the lection was eld commence. R.S O. 19 0, c. 121, s 8 (1).. (2) The first meting of the Di trict Counci after a regula election shall e held on s h date and at s ch time and p ce as may b fixed by by-la of the Distr t Council w.ch date shall n t be later th the fourte th day followi g the day on hich the ter of office in res ect of which t e election w held commence. (. ) Where a erson is el ted or app inted to repres nt an area mu icipality as a member of th District Cou il or is elect d or appointe as mayor of an area muni ipality, the cler of the area m nicipality, f rthwith after t e election or ppointment, shall certify un er the seal of e area muni pality to the cl k of the Distri t Corporati n the name of each person 0 has been s elected or app inted. (4) person entitle to be a mem the Di rict Council in accordance wi tion 7 all not take a eat as a mem the Dis rict Council u til the clerk the District orporation has received the c rtificate ref red to in subse ion (3) and the person has made the decl ration of offi in Form 3 the Municipal ct. (5) Su sections (3) and (4) do not appl to a person lth respect to hom a certifi ate has been eceived by the erk of the Dist ict Corporati n under subse tion 8 (4) if e person has complied with s bsection 8 (6). (6) The hair shall not eside at a me t ing of the istrict Council unless the cha. has taken oath of alleg ance in Form and made declaration of qualification i FO!m , c. 48, s. 3. 1l.-{1) Twelve members of the District Council representing at least four area municipalities are necessary to form a quorum and the concurring votes of a majority of members present are necessary to carry any resolution or other measure. (3) The chair does not have a vote except in the event of an equality of votes. R.S"O , c. 121,~s:..:.9::; (1) Whe~a vacanc~ccurs~.in the office ~a chair ho has be appoi ed by the Lie tenant G vernor in cou,neil, some person all be ap ointed by he Lieu enant Governo in Coun il to hold ffice as chair \. election ordinaire au plus"l ard Ie septieme j ur qui suit la date du d but du mandat p ur lequel l'election a et tenue. L.R.O. 1 0, chap; 121, par. 8 (1).. e par regie- P~emiere reu-., I '. d man du con.. me t mumcipa la date, I heu et Ie lieu e sell de district sa remiere reunion suivant une election ordi aire, au plus tard Ie qu orzieme jour qui uit la date du debut du andat pour leque l'election a ete tenue. (3) rsqu' une personne est e' ue au nom- Certificats d'habilite mee mbre du conseil de d trict pour represe ter une municipalite de seeteur au est elue u nommee maire d'une unicipalite de secte r, Ie secretaire de la mu cipalite de secteur r met au secretaire de la m nicipalite de distri,sans delai apres l'ele 'on au la nominati,un certificat revetu du sceau de la munici lite de secteur et attesta t Ie nom des person es ainsi elues au nomme s. (4) La rsonne qui a qualite p ur etre Declaration membre du conseil de distnct conforlne ement des membres a l'article 7 e dolt pas sieger a ce tit avant que le secret ire de la municipalite de district n'ait re!<u le ertificat vise au paragra he (3) et que la pe anne n'ait fait la decl ration d'entree en f notion selon la formule prevue par la Loi ur les municipalizes. (5) Les par raphes (3) et (4) ne s' ppli.. Exception quent pas ala rsonne visee par Ie cert 'cat qu'a recu le se 'etaire de la municipalite de district aux ter s du paragraphe 8 (4) i.. la personne s'est onformee au paragra he 8 (6). (6) Le preside t ne doit pas presider ne ~~~~ne~u reunion du conse de district avant d'av jr president prete Ie serment 'allegeance selon la f r- mule 1 et fait la 'claration d'habilite sel n la formule , hap. 48, art (1) Douze m mbres du conseil de di. trict representant au mains quatre municipa lites de secteur form nt le quorum. L'adop tion des resolution et la prise d'autres decisions par Ie cons '1 exigent ly vote affirmatif de la majorite d membrespresents. (2) Sous reserve du paragraphe (3), chaque membre du conseii de district ne dispose que d'une voix. (3) Le president ne v te qu'en cas de partage des voix, L.Ra. 19 0, chap. 121, art (1) Le lieutenant- uvemeur en consell pourvoit a la charge u president qu'il a nomme, lorsque celle.. ci d vient vacante La personne nommee POUl c mbler la vacance termine Ie mandat de son predecesseur. Page 133 of 168 V cance de [a charge de president

134 Min Eng Pro (a) (b) Trai Frer SUP! 8.0 MUl inch (a) (b) 8;0. Seal (a) (b) FeliZ may asif Page 134 of 168

135 Municipal Elections Act, 1996, S.O. 1996, c. 32, Sched. Page 6 of63 (b) the term ofoffice, f a member ofa district S hool board who is elected 1 January 1, , c. 3, s. 11 (2); 1997,.31, s. 157 (2) begins on Same illt e term ofoffice of member ofa district sch 01 board who is elected in 997 continues and ends in ace rdance with subsec ions (1) and (3) as ifthe ember's term had comme ced on December 1, , c. 3, s. 11 (2). Cost of elec.on payable by loc municipality 7...!1l nless an Act speci ally provides otherwise, the costs incurred by the erk ofa local municipality i conducting an elec ion shall be paid by the cal municipality. 1996, c. 32, Sched., s. 7 (1). Payment on ce tification ill The 10 al municipality sha pay the costs as soon a possible after its clerk ha signed a certificate verify g the amount. 199 c. 32, Sched., s. 7 (2). Exceptions: reeo nts, by-elections QJ Despite ubsection (1), the 10 al municipality shall b reimbursed for its reason ble costs in the following situation : 1. When the lerk conducts a reco nt in a regular election i. an offi e on a local board 0 upper-tier municipali ii. a by-la or question submi d by an upper-tier m icipality, or iii. a quest n submitted by a 10 al board or the Minist. 2. When the cler conducts a by-electi n for a local board or n upper-tier municipali or the Minister, or a ecount in such a by- lection. 1996, c. 32, Shed., s. 7 (3). Payment on The local board r upper-tier municip lity or the Minister, a the case may be, shall ay the costs referred to in subsect on (3) as soon as pos ible after receiving a ertificate verifying the iount and signed by the clerk oft e local municipality. 1996, c. 32, Sched., s. 7 (4). (5) Repealed: 2002, c. 17, Sched. D, s. 2. Submission ofby-laws and questions 8.,-.1).1 The council ofa municipalitymaypass a by-lawto submitto its electors, (a) a proposed by-law requiring their assent; (b) subject to section 8.1, a question not otherwise authorized by law but within the council's jurisdiction; (c) subject to section 8.1, a question, the wording ofwhich is established by an Act or a regulation under an Act. 1996, c. 32, Sched., s. 8 (1); 2000, c. 5, s. 27 (1). Submission ofquestion, local board m A local board described in subparagraph iii ofparagraph 1 ofsection 3 may pass a resolution to submit to its electors a question not otherwise authorized by law but within the local board's iurisdiction. 1996, c. 32, Sched., s. 8 (2). G.J) Repealed: 2000, c. 5, s. 27 (2). Question by Minister Page 135 of 168 httn:llwww.e-laws.. 2:ov.on.calhtml/statutes/en2:1ishlelawsstatutes96m32e..htm 13/11/2007

136 Municipal Elections Act, 1996, S.O. 1996, c. 32, Sched. Page 7 of63 ill The Minister may make an order requiring the clerk ofa local municipality to submit a question to the electors ofhis or her municipality. 1996, c. 32, Sched., s. 8 (3). fransmission to clerk ( ) When an upper-tier municipality acts under subsection (1), its clerk shall transmit to the clerk who is responsible for conducting the election a copy ofthe by-law and the proposed by-law or question. 1996, c. 32, Sched., s. 8 (4). Same ill When a local board acts under subsection (2), its secretary shall transmit to the clerk who is responsible for conducting the election a copy ofthe resolution and question. 1996, c. 32, Sched., s. 8 (5). Restriction QD For the purposes ofa regular election, the clerk who is responsible for conducting the election is not required to submit a by-law or question to the electors unless on or before September 1 of the election year, (a) in the case ofa question ofthe Minister, the order under subsection (3) is transmitted to the clerk; (b) in the case ofa by-law or question ofan upper-tier municipality, subsection (4) is complied with; (c) in the case ofa question ofa local board, subsection (5) is complied with; or (d) despite the Fluoridation Act, in the case ofa petition under the Fluoridation Act, the petition is transmitted to the clerk. 2002, c. 17, Sched. D, s. 3. Deemed transmission ofpetition (5.2) Despite the Fluoridation Act, ifa petition under the Fluoridation Act is submitted in the election year ofa regular election after September 1, the petition is deemed to have been transmitted to the clerk on February 1 ofthe following year. 2002, c. 17, Sched. D, s. 3. Notice to electors The clerk who is responsible for conducting the election shall give the electors notice ofbylaws and questions referred to in this section. 1996, c. 32, Sched., s. 8 (6). Cost of giving notice CD The upper-tier municipality or local board or the Minister, as the case may be, shall pay the local municipality's reasonable costs ofgiving notice under subsection (6), as soon as possible after receiving a certificate verifying the amount and signed by the clerk ofthe local municipality. 1996, c. 32, Sched., s. 8 (7). Assent to by-law A by-law is assented to, (a) in the case ofa local municipality, ifa majority ofthe votes cast in the municipality are in favour ofthe by-law;.(b) in the case ofan upper-tier municipality, ifa majority ofthe votes cast in all the local municipalities are in favour ofthe by-law. 1996, c. 32, Sched., s. 8 (8). - -Result of vote (2) When the time for applying for a recount has expired without an application being made, or Page 136 of 168 1i/11 //007

137 Municipal Elections Act, 1996, S.O. 1996, c. 32, Sched. Page 8 of63 when any application for a recount has been finally disposed of, the clerk shall certify the result of the vote in his or her municipality to the clerk ofthe upper-tier municipality, the secretary ofthe local.oard or the Minister, as the case may be. 1996, c. 32, Sched., s. 8 (9). Waiting period am A council shall not consider a proposed by-law to which the electors' assent has been obtained until the 14th day after the result ofthe vote is certified. 1996, c. 32, Sched., s. 8 (10). Conflicts ad. In cases ofconflict, the Act or regulation establishing the wording ofa question under clause (l) (c) or the Act authorizing the regulation establishing the wording ofthe question prevails over this Act or a regulation under this Act. 2000, c. 5, s. 27 (3). Conditions re: submitting a question B.1DJA by-law to submit a question to the electors under clause 8 (1) (b) or (c), (a) shall be passed at least 180 days before voting day in the election at which it is intended to submit the question to the electors; (b) cannot be amended after the last date referred to in clause (a); and (c) despite clause (b), can be repealed on or before nomination day and, ifthe election does not include an election for an office, on or before the 31st day before voting day. 2000, c. 5, s. 28.,----_.,-_._--_....._----_...._-,----'-".'._-,-----,---_.._--, ,--- Rules G1A question authorized by by-law under clause 8 (1) (b) shall comply with the following rules: 1. It shall concern a matter within the jurisdiction ofthe municipality" 2. Despite rule 1, it shall not concern a matter which has been prescribed by the Minister as a matter ofprovincial interest. 3. It shall be clear, concise and neutral. 4. It shall be capable ofbeing answered in the affirmative or the negative and the only permitted answers to the question are "yes" or "no". 2000, c. 5, s. 28. Notice ofint~- - -, (3)Before passing a by-law under clause 8 (1) (b) or (c), the clerk shall give at least 10 days notice ofthe intention to pass the by-law to the public and the Minister and hold at least one public meeting to consider the matter. 2000, c. 5, s. 28. Notice ofby-law 41Within 15 days after a municipality passes a by-law under clause 8 (1) (b) or (c), the clerk shall give notice ofthe passage ofthe by-law to the public and the Minister. 2000, c. 5, s. 28. Contents rna notice under subsections (3) and (4) shall include, (a) the wording ofthe question; (b) in the case ofa by-law under clause 8 (1) (b), a clear, concise and neutral description ofthe consequences ofthe question ifit is approved and the consequences ifit is rejected with the special majority under section 8.2, including an estimate ofthe costs, ifany, that the municipality may incur in implementing the results ofthe question; and (c) in the case ofa by-law under clause 8 (1) (b), a description ofthe right to appeal under Page 137 of 168 1'1/11/2007

138 Municipal Elections Act, 1996, S"O. 1996, c. 32, Sched. Page 9 of63 subsection (6) including, in the case ofa notice under subsection (4), the last day for filing a notice ofappeal. 2000, c. 5, s. 28. Appeal Within 20 days after the clerk gives notice ofthe passage ofa by-law under clause 8 (1) (b), the Minister or any other person or entity may appeal to the ChiefElectoral Officer ofthe Province of Ontario on the grounds the question does not comply with paragraph 3 or 4 ofsubsection (2) by filing with the clerk a notice ofappeal setting out the objections and the reasons in support ofthe objections. 2000, c. 5, s. 28; 2007, c. 15, s. 40 (1). Notices to be forwarded (Z).The clerk shall, within 15 days after the last day for filing a notice ofappeal under subsection (6), forward any notices ofappeal received to the ChiefElectoral Officer. 2000, c. 5, s. 28; 2007, c. 15, s. 40 (1). Other information (IDThe clerk shall provide any other information or material to the ChiefElectoral Officer that the ChiefElectoral Officer requires in connection with the appeal. 2000, c. 5, s. 28; 2007, c. 15, s. 40 (1). Hearing {2)The ChiefElectoral Officer or his or her designate shall, within 60 days ofreceiving notices under subsection (7), hold a hearing and dismiss the appeal or allow the appeal in whole or in part. 2000, c. 5, s. 28; 2007, c. 15, s. 40 (1). Order (10)Ifthe ChiefElectoral Officer allows the appeal in whole or in part, the ChiefElectoral Officer nay make an order amending the by-law or directing the municipality to amend the by-law in the manner ordered. 2000, c. 5, s. 28; 2007, c. 15, s. 40 (1). Non-application Ul)Subsections (1) and (3) to (9) do not apply to anything done pursuant to an order under subsection (10).2000, c. 5, s. 28. Results _..._ ,, JThe results ofa question authorized by a by-law under clause 8 (1) (b) are binding on the municipality which passed the by-law if, (a) at least 50 per cent ofthe eligible electors in the municipality vote on the question; and (b) more than 50 per cent ofthe votes on the question are in favour ofthose results. 2000, c. 5, s "'--'---'-'-_.'---' ---_..,_..._.._ '-'-_.._--=.,-- Determination ofnumber of votes (2)For the purpose ofclause (1) (a), the number of eligible electors shall be determined from the voters' lists as they exist at the close ofvoting. 2000, c. 5, s. 28. Implementation 8.3 (1) Ifthe results of a question authorized by a by-law under clause 8 (1) (b) are binding on a municipality, (a) ifan affirmative answer received the majority ofthe votes, the municipality shall do everything in its power to implement the results ofthe question in a timely manner; and (b) ifa negative answer received the majority ofthe votes, the municipality shall not do anything within its jurisdiction to implement the matter which was the subject ofthe question for a Page 138 of 168 n /11 noo?

139 Municipal Elections Act, 1996, S..o. 1996, c. 32, Sched.. Page 10 of63 period offour years following voting day. 2000, c. 5, s. 28; 2006, c. 9, Sched. H, s. 3 (1). Same ill Without limiting subsection (1), the municipality shall, between 14 and 180 days after voting ( day, (a) ifa by-law or resolution is required to implement the results ofthe question, ensure that it is prepared and placed before councilor, ifa series ofby-laws are required to implement the results, ensure that the first ofthe series is prepared and placed before council; (b) despite clause (a), ifpassage ofa by-law or resolution required to implement the results ofthe question is subject to a condition precedent under a regulation or statute (such as giving notice or holding a public hearing), ensure the initial steps have been taken to comply with the condition; (c) ifadministrative action to change a policy or practice is required to implement the results of the question, instruct municipal staffto take that action. 2000, c. 5, s. 28. Limitation Q) For the purpose ofclause (1) (a), it is not within the jurisdiction ofthe municipality to eliminate or override any substantive or procedural legal right ofany person or entity who is or may be affected by the implementation ofthe results ofthe question as illustrated by the following examples: 1. Ifa zoning change under the Planning Act is necessary to implement the results, the binding effect ofthe question is subject to the Planning Act and the discretion ofthe municipality under that Act is not constrained. Ifthe zoning change is approved, the municipality is bound to implement the results; ifit is not approved, the municipality is not bound. 2. Ifthe results ofthe question require the passage ofa by-law which requires notice to be given and at least one public meeting to be held to consider the matter before the by-law is passed, the binding effect ofthe question is subject to these procedural requirements and the discretion ofthe municipality to proceed following the public meeting is not constrained. If, after the public meeting, the municipality decides not to implement the results ofthe question, it is not required to do so. 2000, c. 5, s. 28. Order (A2 A court presiding over a proceeding in respect ofa recount, an offence under this Act or a proceeding under section 83 (controverted elections) may make an order temporarily staying the requirement ofa municipality to implement the results ofa question under this Act ifsatisfied that the requirement may be directly or indirectly affected by the proceeding. 2000, c. 5, s. 28. Time restriction ill A municipality that has passed a by-law or resolution or taken any other action to implement the results ofthe question shall not do anything within its jurisdiction to reverse or substantially change the action for a period of four years following the day the action took effect. 2000, c. 5, s. 28; 2006, c. 9, Sched. H, s. 3 (2). Exception Nothing in this section requires a municipality to do anything or prevents a municipality from doing anything if, (a) a subsequent binding question authorizes such action or inaction; or (b) the council is ofthe opinion, reasonably held, that there has been a material change in Page 139 of 168 1i /11 n 007

140 Municipal Elections Act, 1996, S.O. 1996, c. 32, Sched. Page 11 of63 ( circumstances since the time it passed the by-law under clause 8 (1) (b) to put the binding question to the electors. 2000, c. 5, s. 28. Langu(g~ of notices and forms 9. I' otices, forms and other i formation provided under is Act shall be made vailable in English oni,unless the council ofth municipalityhas passeda by-lawundersubsecti c. 32, Sche,s. 9 (1). By-law ilia m.cipal council may pass a by-law allowing the use (a) Fre ch, in addition to English in prescribed forms; (b) Fren h, other languages other han English, or both, in n tices, forms (otherth prescribed form) and other information ovided under this Act. 19 6, c. 32, Sched., s. 9 ( ). Non-applicatio Q)This sec.on does not apply with r spect to notices, forms an other information pr vided under this Act in respec ofthe electionofthe pe ons described in clauses.1 (1) (a) and (b). 199,c. 14, Sched. F, s. 6 (2). Bilingual notices d forms 9.1(I)This sec 'on applies with respect 0 notices, forms and othe Act in respect ofthe election of, (a) members 0 (b) members 0 Lan age of notices, etc. Notices, forms an other information provi ed under this Act with r spect to the matters descri d in subsection (1) all be made available i English and French and shall not be provide in any oth r language unless th council ofthe municip lity has passed a by-law der subsection (3). 1999,c. 4,Sched.F,s.6(3 By-law rna unicipal council ay pass a by-law allow French in n tices, forms (other han prescribed forms) with respect to the matters desc 'bed in subsection (1). Interpretati (4)In thi section, "Frenchand "school au ority" have the s Sched. F, s. 6 (. a French-language distr ct school board; or a school authority that, (i) has esta lished, operatedor rna' tained a French-language instructional unit wi year be are voting day, or (ii) is subjec to an agreement, resolution or order under Part I ofthe Education A t that requires e school authority to es ablish, operate or mainta n a French-language instructio al unit. 1999, c. 14, Scf d. F, s. 6 (3). g the use oflanguages ther thanenglish an<\! nd other information pro ided under this Act' 999, c. 14, Sched. F, s. (3). guage district school oard", "French-languag instructional unit" e meaning as in subs ction 1 (1) ofthe Educa 'on Act. 1999, c. 14, Saturdays and olidays 10.(1)A tim limited by this t that would otherwise expire on a Saturday or oliday shall be deemed to expire the next day th t is neither a Saturday nor a holiday. 1996, c. 32, Sched., s. 10 (1). Page 140 of 168 httnjlwww.e-]aw~uiov.on.ca/htrnl/statutes/enq:lishielaws statutes 96rn32 e.htrn 13/11/2007

141 APPENDIX 5 OVERVIEW ossible.,--if-='-'----'- 8 Cities, Towns and Townships General vote full sections 458ancf24fwithin--_. Counties Munici al Act, Cities outside of County General vote full sections 458 and 253, Systems (separated Municipal Act, 2001 municipalities) and Single Tier Cities (e.g. Thunder Bay, Sault Ste. e-f0arie, London) --,----' ,_...,_.,._.,----_.-.--,-_._-_.,._..._--,----- METHODS OF SELECTING HEAD OF COUNCIL AND VOTING OF HEAD OF COUNCIL.._.._- Municipality Method of Voting by Head of -' StatutorY References Selection Council 1 The District Municipality of Appointment c1arificationdestrable section 233(2), Municipal _. Muskoka,----!--,---_._---._. Act, Areas within The Dist full sections 243 and 458, Mu!'!icipali!y of Musko Munici al Act, Remainder of the former Appointment clarification desirable section 233(2), Municipal Regional Municipalities Act, 2001 (Peel, Durham, York, Waterloo, Halton, Niagara, Oxfo~--,+-=-.---:-- 4 Areas within 3 General vote full "'sections 458-an<f243-;--- 5 Former regions amalgamated or divided in 2001 (nowsingle Tiers) (Hamilton, Ottawa, Sudbury, Haldimand and Norfol r--- 6 City of Toro!1to 7 Counties (including restructured counties) General vote -1--:, Municipal Act, 2001 full See applicable statutes and sections 243 and 458, Municipal Act, 2001 ~--.-.,-+-=--,,-.---t~c: _=_;_: =_=: ". General vote varies.:...:fu:::ii-,--- varies -+-:::C:::-it:L of Toronto Act The methods'-'=-of'-s'=';e'-ie-ct-in-g-' members of county councils, the number of votes each member has and selection of the heads of the county councils vary widely. Accordingly, no generalizations are '--- Note: The above overview is a generalization for illustration purposes only depending on the specific legislation that may apply. Actual circumstances may vary Page 141 of 168

142 4 Chap 5, Part II DIRECT DEMOCRACY THROUGH MUNICIPAL REFERENDUMS Sec/art 21 (35) Other Amendments Autres modifications (3 l ) Section 100 'the Act, as a Sta~~te~ of Ontario, 994, chapter 23, 1997 chapter 24, secti n 227, is repeal ended by the ection 90 and (36) Subsection 108 3) of the Act is r pealed.. (37) Subsection 136 2) of the Act, as amended by the Sta utes of Ontario, 1996, chapter 1, Schedule M, section 35 and 1996, c apter 32, secti n 85, is repealed nd the followin substituted: Exception (2) De pite subsection ( (a) su aragraph 69 iii f section 210 do s not apply to e regional m icipalities of W terloo and Yor ; (b) para aph 52 of sect n 207 applies gion I Municipality 0 York; (c) secti 257 applies to he Regional M nicipality ofni ara; and (d) for th purpose ofexer ising powers t pass bylaws I censing busines es under any ct, Part XVII.l of the Municip I Act applies t the regional nnicipalities 0 Niagara, Wate 100 and York a d the Minister y make regula ions under sec on 2575 of that Act in relation to those powers, (38) Subsect n 136 (4) of t e Act is amen ed by striking out "0 awa-carleton" (39) Subsecti s 148 (4) and 5) of the Act re re pealed. REGI NALMuNICIP LITY OF HALTONAc 22. Subsections 7 (2) and (3) 0 " the Regional Municipality ofhalto Act are r epea d and the fo lowing substituted: One vote (2) Each member of the Regional Council has one vote, REGIONAL MUNICIPALITY OF WATERLOO ACT 23. (1) Section 3 of the Regional Municipality of Waterloo Act, as re-enacted by the Statutes of Ontario, 1997, chapter 11, section 1, is repealed and the following substituted: Composition of councils 3. (I) The council of each area municipality shall be composed of a head of council, who shall be elected by a general vote of the electors of the area municipality and the following number of other members of council: (35) L'article 100 de la Loi, tel qu'il est modifle par I'article 90 du chapitre 23 des Lois de I'Ontario de 1994 et par Particle 227 du chapitre 24 des Lois de I'Ontario de 1997, est abroge. (36) Le paragraphe 108 (3) de la Loi est abroge, (37) Le paragraphe 136 (2) de la Loi, tel qu'il est modifle par l'article 35 de l'annexe M du chapitre 1 et Particle 85 du chapitre 32 des Lois de l'ontario de 1996, est abroge et remplace par ce qui suit: Exception (2) Malgre Ie paragraphe (1) : a) la sous-disposition 69 iii de Particle 210 ne s'applique pas aux rnunicipalites regionales de Waterloo et de York; b) la disposition 52 de Particle 207 s'applique a la municipalite regionale de York; c) l'artic1e 257 s'applique a la munieipalite regienale de Niagara; d) aux fins de l'exercice des pouvoirs d'adoption de reglements municipaux assujettissant des activites commerciales a l'obtention de permis aux termes d'une loi, la partie XVII, I de la Loi sur les municipalites s'applique aux municipalites regionales de Niagara, de Waterloo et de York et Ie ministre peut prendre des reglements en application de I'article 2575 de cette loi relativement aces pouvoirs, (38) Le paragraphe 136 (4) de la Loi est modifle par suppression de «d'ottawa-carleton,». (39) Les paragraphes 148 (4) et (5) de la Loi sont abroges. LOI SUR LA MUNICIPALITE REGIONALE DE HALTON 22. Les paragraphes 7 (2) et (3) de la Loi sur la municipalite reglonale de Halton sont abroges et rernplaces par ce qui suit : Voix unique (2) Chaque membre du conseil regional dispose d'une voix, LOI SUR LA MUNICIPALlTE REGIONALE DE WATERLOO 23. (1) L'article 3 de la Loi sur la municipalite regionale de Waterloo, tel qu'il est reedicte par I'article 1 du chapitre 11 des Lois de I'Ontario de 1997, est abroge et remplace par ce qui suit: Composition des conseils.3. (1) Le conseij de chaque municipalite de secteur se compose d'un president du conseil, elu au scrutin general par les electeurs de la municipalite de secteur, et du nombre suivant de membres : Page 142 of 168

143 Sec/art 23 (1) DEMOCRATIE DlRECTEPARVOrE DE REFERENDUM MUNICIPAL chap.. 5, partie II 75 Other Amendments Aulres modifications The City of Cambridge - six members elected by wards, with one member being elected from each ward 2 The City of Kitchener - six members elected by wards, with one member being elected from each ward, 3 The City of Waterloo - five members elected by wards, with one member being elected from each ward. 4 The Township ofnorth Dumfries - four members elected by wards, with one member being elected fiom each ward 5. TheTownship ofwilmot.. four members elected by wards, with one member being elected fiom each ward 6 The Township of Wellesley - foui members elected by wards, with one member being elected from each ward 7. The Township of Woolwich. foui members elected by wards, with two members being elected from one ward and one member being elected from each of the two remaining wards No board of control (2) No area municipality shall have a board of control. Woolwich (3) For the purposes ofpamgraph 7 ofsubsection (1), the ward having two members is the same ward which, in the 1997 regular election, had three members.. (2) Sections 5 and 6 of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 11, sections 2 and 3, respectively, are repealed and the following substituted: Composition of Regional Council 5. (1) The Regional Council shall be composed of, (a) a chair who shall be elected by general vote of all of the electors ofall of the area municipalities; (b) the head ofcouncil of each area municipality; (c) two members elected by general vote of the electors of the City OfCambridge; (d) four members elected by general vote of the electors ofthe City of Kitchener; and (e) two members elected by general vote of the electors ofthe City of Waterloo Application (2) Section 107 of the Municipal Act applies with necessary modifications to the Regional Council 1.. Pour la cite de Cambridge six membres elus par quartier, araison de un par quartier 2 Pour la cite de Kitchener.. six membres elus par quarrier, araison de un par quarrier. 3. Pour la cite de Waterloo.. cinq membres elus par quartier, araison de un par quartier 4.. Pour Ie canton de Noi:1:h Dumfries - quatre membres elus par quartier, araison de un par quarrier. 5. Pour le canton de Wilmot.. quatre membres elus par quartier, araison de un par quartier. 6. Pour le canton de Wellesley» quatre membres elus par quartier, araison de un par quartier, 7. POUl le canton de Woolwich - quatre membres elus par quartier, a raison de deux pour un des quartiers et de un pour chacun des deux autres Cornite de regie (2) Les municipalites de secteur ne doivent pas avoir de comite de regie. Woolwich (3) Pour l'application de la disposition 7 du paragraphe (1), le quartier qui compte deux membres est le meme que celui qui en comptait trois lars de l'election ordinaire de (2) Les articles 5 et 6 de la Loi, tels qu'ils sont reedictes par les articles 2 et.3 respectivement du chapitre 11 des Lois de l'ontario de 1997, sont abroges et remplaces par ce qui suit: Composition du conseil i egional 5. (1) Le conseil regional se compose des personnes suivantes: a) un president, elu au scrutin general par l'ensemble des electeurs de toutes les municipalites de secteur; b).ie president du conseil de chaque municipalite de secteur; c) deux membres elus au scrutin general par les electeurs de la cite de Cambridge; d) quatre membres elus au scrutin general par les electeurs de la cite de Kitchener; e) deux membres elus au scrutin general par les electeurs de la cite de Waterloo Application (2) L'article 107 de la Loi sur Ies municipalites s'applique, avec les adaptations necessaires, au conseil regional, Page 143 of 168

144 76 Chap. 5, Part II DIRECT DEMOCRACY THROUGH MUNICIPAL REFERENDUMS Sec /art 23 (2) Other Amendments Autres modifications ---'----_. / r ~, Elections 6. (1) Except as otherwise provided in this Part, the elections to the office ofchair and ofregional councillor (other than the head of council of an area municipality) shall be conducted in accordance with the Municipal Elections Act, 1996 to be held concurrently with the regular election in the area municipalities. Qualifications (2) A person is qualified to hold office as chair or as regional councillor ofthe Regional Council if, (a) the person is entitled to be an elector under section 17 ofthe Municipal Elections Act, 1996 for the election ofmembers ofthe council of an area municipality; and (b) the person is not disqualified by this or any other Act from holding the office of chair or regional councillor, as the case may be Application (3) Section 40 of the Municipal Act applies with necessary modifications to the Regional Council (3) Sections 6.1 and 6.2 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 11, section 3, are repealed and the following substituted: Elections 6. (1) Sauf disposition contraire de la presente partie, l'election au poste de president et acelui de conseiller regional, a l'exclusion du president du conseil d'une municipalite de secteur, se tient conformement ala Loi de 1996 sur les elections municipales et en meme temps que l'election ordinaire dans les municipalites de secteui. Qualites requises (2) Ales qualites requises POUI occuper le paste de president ou de conseiller du conseil regional la personne qui: a) d'une part, a Ie droit, aux termes de I'article 17 de la Loi de 1996 sur les elections municipales, d'etre electeur lois de I'election des membres du conseil d'une municipalite de secteur; b) d'une part, n'est pas inhabile aux termes de la presente loi ou d'une autre loi aoccuper Ie poste de president ou de conseiller regional, selon Ie cas. Application (3) L'article 40 de la Loi sur les municipalites s'applique, avec les adaptations necessaires, au conseil regional. (3) Les articles 6.1 et 6.2 de la Loi, tels qu'ils sont edlctes par Particle 3 du chapitre 11 des Lois de I'Ontario de 1997, sont abroges et remplaces par ce qui suit: Election of ehah 6.1 (1) For the purposes of electing the chair of the Regional Council, (a) the clerk of the Regional Corporation is the re- turning officer; (b) nominations shall be filed with the clerk of the Regional Corporation, who shall send the names ofthe candidates to the clerk ofeach area municipality by registered mail within 48 hours after the closing of nominations; (c) despite clause (a), the clerk of each area municipality is the returning officer for the vote to be recorded in the area municipality and shall promptly report the vote recorded to the clerk of the Regional Corporation who shall prepare the final summary and announce the result of the vote Election of regional councillor (2) For the purpose of electing a regional councillor in an area municipality (other than the head of council of an area municipality), (a) the clerk of the Regional Corporation is the returning officer; (b) nominations shall be filed with the clerk of the Election du presldent 6.1 (1) Aux fins de l'election du president du conseil regional: a) Ie secretaire de la Municipalite regionale est le directeur du scrutin; b) les declarations de candidature sont deposees aupres du secretaire de la Municipalite regionale, qui fait parvenir Ie nom des candidats au secretaire de chaque mnnicipalite de secteur, pal courrier recommande expedie dans les 48 heures qui suivent Ia cloture du depot des declarations de candidature; c) malgre I'alinea a), Ie secretaire de chaque municipalite de secteur est le directeur du scrutin en ce qui a trait ai'enregistrement du vote dans la municipalite de secteur et communique prornptement le vote enregistre au secretaire de la Municipalite regionale, qui prepare les demieres compilations et annonce les resultats du vote. Election d'un conseiller regional (2) Aux fins de I'election d'un conseiller regional dans une municipalite de secteur, ai'exclusion du president du conseil d'une telle municipalite : a) Ie secretaire de la Municipalite regionale est Ie directeur du scrutin; b) les declarations de candidature sont deposees Page 144 of 168

145 Sec./art 23 (3) DEMOCRATIE DIRECrE. PARVOrE DEREFERENDUM MUNICIPAL chap.. 5, partie II 77 Other Amendments Autres modifications (c) Regional Corporation, who shall send the names of the candidates to the clerk of the area municipality by registered mail within 48 hours after the closing ofnorninations; despite clause (a), the clerk of each area municipality is the returning officer for the vote to be recorded in the area municipality and shall promptly report the vote recorded to the clerk of the Regional Corporation who shall prepare the final summary and announce the result of the vote.. Oath, declaration (3) Every member of the Regional Council, before taking his or her seat, shall take an oath of allegiance in Form 1 of the Municipal Act and make a declaration of office in Form 3 of the Municipal Act using either the English or the French version ofthose forms and, in the case ofthe heads ofcouncil ofthe area municipalities, in those forms as modified appropriately. Regulations (4) Despite this Act or the Municipal Elections Act, 1996, the Minister may by regulation provide for those matters which, in the opinion ofthe Minister, are necessary or expedient to conduct the 2000 regular elections under the Municipal ElectionsAct, 1996 in the Regional Area. Conflicts (5) In the event of a conflict between a regulation made under subsection (4) and this Act OI the Municipal Elections Act, 1996, the regulation prevails Quorum 6.2 (1) A majority of the members constituting the Regional Council is necessary to form a quorum and the concurring votes of a majority ofthe members present at any meeting are necessary to CaIlY any resolution or other measure One vote (2) Each member of the Regional Council has one vote. Different quorum (3) Despite subsection (1), the Regional Council may, by by-law, adopt a different quorum provision that reo quires the attendance of more than a majority of its members Or der ofminister 6.3 (1) Despite this or any other Act, the Minister shall, by order, establish six wards in the City of Kitchener and four wards in the Township of Wilmot Effective date (2) An order of the Minister under subsection (1) shall come into force on December 1, 2000 and on that aupres du secretaire de la Municipalite regionale, qui fait parvenir Ie nom des candidats au secretaire de la mnnicipalite de secteur, par courrier recommande expedie dans les 48 heures qui suivent la cloture du depot des declarations de candidature; c) malgre l'alinea a), le secretaire de chaque muni.. cipalite de secteur est Ie directeur du scrutin en ce qui a trait ai'enregistrement du vote dans la mu.. nicipalite de secteur et communique promptement Ie vote enregistre au secretaire de la Municipalite regionale, qui prepare les demieres compilations et annonce les resultats du vote Ser ment et declaration (3) Avant d'entrer en fonction, les membres du conseil regional pretent le serment d'allegeance selon la formule 1 de la Loi sur les municipalites et font la declaration selon la formule 3 de cette loi, en utilisant soit la version francaise, soit la version anglaise de ces fonnules.. Le president du conseil d'une municipalite de secteur emploie ces formules telles qu'elles sont adaptees poui la circonstance, Reglements (4) Malgre les autres dispositions de la presente loi ou la Loi de 1996 sur les elections municipales, le mi.. nistre peut, par reglement, prevoir les questions qui, a son avis, sont necessaires ou pertinentes POUl la tenue, dans le secteur regional, des elections ordinaires de 2000 prevues par la Loi de 1996 sur les electionsmunicipales. Incompatlbllite (5) Les dispositions des reglements pris en application du paragraphe (4) l'emportent SUI les dispositions incompatibles de la presente loi ou de la Loi de 1996sur les elections municipales. Quorum 6.2 (1) La majorite des membres du consei1 regional forme le quorum... L'adoption des resolutions et la prise d'autres decisions par Ie conseil exigent le vote affirmatifde la majorite des membres presents ala reunion. Voix unique (2) Chaque membre du conseil regional dispose d'une voix Quorum different (3) Malgre Ie paragraphe (1), le conseil regional peut, par reglement municipal, adopter une disposition differente qui exige la presence de plus de la majorite de ses mernbres pour former le quorum Arrete du ministre 6.3 (1) Malgre les autres dispositions de la presente loi ou toute autre loi, le ministre constitue par arrete six quartiers dans la cite de Kitchener et quatre quartiers dans le canton de Wilmot Date d'entr ee en vigueur (2) L'arrete que prend Ie ministre aux termes du pa.. I agraphe (1) entre en vigueur le 1er decernbre 2000 et 1es Page 145 of 168

146 78 Chap 5, Part II DIRECTDEMOCRACY THROUGH MUNICIPAL REFERENDUMS Seclart 23 (3) Other Amendments Autres modifications date the wards existing in the City of Kitchener and the Township of Wilmot as of November 30, 2000 are dissolved Vacancies 6.4 (1) If a vacancy occurs on or before March 31 in the year of a regular election under the Municipal Elections Act, 1996 in the office of a member who is the chair or a regional councillor (other than a head of council ofan area municipality), (a) (b) By-law the Regional Council shall appoint a person to fill the vacancy, and sections 45, 46 and 47 of the Municipal Act apply with necessary modifications to the filling of the vacancy as though those of~ fices were the offices ofmayor and councillor, respectively; or the clerks of the Regional Corporation and the affected area municipalities shall hold an election to fill the vacancy and sections 46 and 47 of the Municipal Act apply with necessary modifications to the filling ofthe vacancy (2) The Regional Council shall by by-law determine whether clause (1) (a) or (b) is to apply. Election year (3) ITa vacancy occurs after March 31 in the year ofa regular election under the Municipal Elections Act, 1996 in the office of a member who is the chair or a regional councillor (other than a head of council of an area municipality), the Regional Council shall fill the vacancy in accordance with clause (1) (a), Expenses (4) The Regional Corporation shall pay all reasonable expenses incurred by area municipalities with respect to the election under clause (1) (b) Deemed resignation (5) If a head of the council of an area municipality becomes chair of the Regional Council, he or she shall be deemed to have resigned as a member of the council and the person's seat on the council thereby becomes vacant Status quo maintained (4) The enactment or re-enactment of sections 3, 5, 6, 6.1, 6.2 and 6.3 of the Regional Municipality of Waterloo Act under this section does not affect the ward boundaries of area municipalities in The Re- gional Municipality of Waterloo, except in the City of Kitchener and the Township of Wilmot. "~ S~ENCENO~H ACT \ 24. Su section (2) of th Science orth Act is repealed d the fo owing su tituted: quartiers qui existent dans la cite de Kitchener et le canton de Wilmot le 30 novembre 2000 sont alms dissous Postes vacants 6.4 (1) Si le poste d'un membre qui est le president ou un conseiller regional, autre que le president du conseil d'une municipalite de secteur, devient vacant le 31 mars de l'annee d'une election ordinaire tenue aux terrnes de la Loi de 1996 sur les elections municipales au avant cette date : a) soit le conseil regional nomme une personne POUl combler Ie poste, auquel cas les articles 45, 46 et 47 de la Loi sur les municipalites s'appliquent, avec les adaptations necessaires, au poste it combler comme s'il s'agissait des postes de maire et de conseiller respectivement; b) soitles secretaires de la Municipalite regionale et des municipalites de secteur concernees tiennent une election pour combler Ie poste, auquel cas les articles 46 et 47 de la Loi sur les municipalites s 'appliquent, avec les adaptations necessaires, au poste acombler.. Reglement municipal (2) Le conseil regional decide par reglement municipal si c'est I'alinea (1) a) ou b) qui doit s'appliquer.. Annee d'une election (3) Si le poste d'un membre qui est le president ou un conseiller regional, al'exclusion du president du conseil d'une municipalite de secteur, devient vacant apres Ie 31 mars de l'annee d'une election ordinaire tenue aux termes de la Lot de 1996 sur les elections municipales, le conseil regional comble le poste conformement a l'alinea (1) a). Frais (4) La Municipalite regionale paie les frais raisonnables qu'engagent les municipalites de secteur relativement it l'election tenue conformement al'alinea (1) b). Demission (5) Si un president du conseil d'une municipalite de secteur devient president du conseil regional, il est repute avoir demissionne comme membre du conseil et son siege au conseil devient alors vacant. Maintien du statu quo (4) L'ediction ou la reediction des articles 3, 5, 6, 6.1, 6.2 et 6.3 de la Loi sur la municipalite regionale de Waterloo aux terrnes du present article n'a pas pour effet de modifier les limites territoriales des quartiers des municipalites de secteur de la municipalite regionale de Waterloo, sauf dans la cite de Kitchener et Ie canton de Wilmot. LOI SUR SCIENCE NORD 24. Le paragraphe 8 (2) de la Loi sur Science Nord est abroge et rernplace par ce qui suit: Page 146 of 168

147 ONTARIOMUNICIPALACT & Co \ MUNICJPALAcr, 2001 (3) A by-l~w described~n this section does n~t come into fd{ce until the day new council is organized, (b) il\.t~e by-law IS passedin e year of aregul election bef~e va ng day, after the seco d regular election followmg ~ pass g of the by-law. \ Electzon. \ (4) The reg ar election held immedia Iy before the co g into force, of a by-law described this section shall be con ucted as.if the by-i VI was already in force. \ Term unaffected (5) Nothing m thm section authorizes a cbanae in the term Of office of a member ofcouncil. S.O. 2001, c. 25, s. 217,\ force January 1, 2003~ct, s. 485(1»; S.6l. 2006, c. 32, Sched. A, s. 92. Composition ofupper-tier council 218. (1) Without limiting sections 9, 10 and 11, those sections authorize an upper-tier municipality to change the composition of its council subjectto the following rules: 1. There shall be a minimum of five members, one of whom shall be the head of council. 2. The head of council shall be elected by general vote,!n accordance WIth the MumcipaI.Elections Act, 1996, or shall be appointed by the members of.council The members of council, except the head of council, shall be elected m accordance with the Municipal Elections Act, 1996 to the upper-tier councilor to the council of one of its lower-tier municipalities. The head of council shall be qualified to be elected as a member of council of the upper-tier mumcipality. If the members of council are directly elected to the upper-tier council and not to the council of a lower-tier municipality, the members shall be elected by general vote or wards or by any combination of general vote and wards. 6. (c) (d) (e) Each lower-tier municipality shall be represented on the uppertier council. Types ofchanges (2) Without limiting sections 9, 10 and 11, the power to change the 'composition of council includes the power to, (a) (b).change the method, of selecting. members of the council, lllciudlllg havlllg members directly elected to the upper-tier council 'and not to the council of a lower-tier municipality, members elected to serve on both the upper-tier and lower-tier councils or members elected to the lower-tier councils and appointed to the.upper-tier council by the lower-tier municipalities, or a combination of methods of election; rhave a member representing more than one lower-tier municipality; require that if a member of council IS appomted by the members of council as the head of the upper-tier council, the member IS no longer entitled to hold office on the council of a lower-tier municipality or any other office on the council of the upper-tier municipality or both; and require that if a member of council IS appointed by the members of council as the head of the upper-tier council, the appomted member must hold office on the council of a lower-tier municipality, Number a/votes (3) Without limiting sections 9, 10 and 11, those sections authorize an uppertier mumcipality to change the number of votes given to any member but each member shall have at least one vote. Term ofoffice change the size of council; (4) Without limiting sections.9, 10 and 11, those sections authorize an uppertier municipality to change the term of office of an appointed head of council so long as the new term does not extend beyond the term of council. Regional municipalities (5) A regional municipality shall not pass a by-law described m this section until the M1lllster has, by regulation, authorized the regional mumcipality to exercisethe powers described in this section... Page 147 of 168

148 ONTARIO MUNICIPAL ACT & COMMENTARY SUPPLEMENT MUNICIPALAcr, 2001 Regulations (6) The Minister may make regulations authonzing a regional municipality to exercise any power described In this section. Condition (7) The Minister shall not make a regulation under subsection (6) uuless the Minister has received a resolution from the regional municipality requesting the regulation. Term unaffected (8) Except as provided III subsection (4), nothing III this section authorizes a change In the term of office of a member of council c. 25, s. 218, in force January 1, 2003 (Act, s. 485(1»; , c. 17, Sched, A, s. 43; , c. 32, Sched. A, s. 93. Notzce 219. (1) Before passing a by-law described in section 218. the municipality shall give notrce of its Intention to pass the by-law and shall hold at least one public meetrng to consider the matter. Coming into force ofby-law (2) A by-law described in sectron 218 making changes described in clauses 218 (2) (a), (b) and (c) or in subsection 218 (3) IS not valid unless, (a) (b) (c) a majority of all votes on the upper-tier council are cast III its favour; a majority of the councils of all lower-tier municipalities forming part of the upper-tier municipality have passed resolutions consenting to the by-law; and the total number of electors III the lower-tier municipalities that have passed resolutions referred to in clause (b) form a majority of all the electors In the upper-tier municipality. Commencement (3) Despite subsection (2), a by-law described in section 218 does not come Into force until the day the new council IS organized following, (a) (b) the first regular election following the passing of the by-law; or if the by-law IS passed III the year of a regular election before voting day, the second regular election following the passing of the by-law..election (4) The regular election held Immediately before the commg into force of a by-law described III section 218 shall be conducted as ifthe by-law was already in force. Definition (5) In this section, "elector" means a person whose name appears on the voters' list, as amended up until the close of voting on voting day, for the last regular election preceding the coming into force of a by-law described 1ll section 218. S.O. 2001, c. 25, s. 219, III force January 1, 2003 (Act, s. 485(1»; S.O. 2006, c. 32, Sched, A, s. 94. Change oftitles 220. Withorlt. Iimiting sections 9~ 10 and 11, those s t 'mumcipality to c~ge the, titles for its' Headof council and a council. O. 2001, c. 25, s. 2~0, In force January 1, 3 Sched. A,s. 95. Con icts 2 1. In the event of a onflict between secti n 217, 218 or a by-law passed nder those sections nd any other Act in spect of the compost.on of a council, e term of office a the head of an uppe tier council, the nu ber of votes grve to each member or etitles of its memb s, section 217, or a by-law assed under those se tions prevails., S.O. 2061, c. 5, s.221, III force Ja uary 1, 2003 (Act, s.\.85(1». \,, Establishment of~rds 222. (1) With t limiting sectrons municipality to divi or redivide the ill' existing wards. Conflict (2) In the event of a c~ict between a by"'th-w described In subse6tion (1) and an>\p~ovision of this Act, er than this section\lr section 223, any P~ViSl?n of an~,~er Act or a regulation ade under any othe: Notice (3) ithin 15 days after a -law described in ~section(l) is passe\t, the mumcip. y shall give notice of t passing of the by-l~ to the public specifying the last dat or filing a notice of ap eal under subsection\(4). Appeal \ (4) Within 5 days after a by-law'described m subsection (1) is passed,the Minister or any ther person or agency-may appeal to the\ontarlo Municipal Page 148 of 168

149 SELECITON OF DISTRICT CHAIR Option 1 - CurrentApproach Highlights Forthe purposes of this presentation, there are three (3) options: (1) current appointmentby members of District Council approach; (2) continuecurrentapproach with change to secret voting; (3) change to direct electiontechnique. (a) Selection of chair is the first order of business at first meetingof a new council after a regular election; (b) DistrictClerkpresides until Chairselected; (c) Approach is appointment; (d) Appointmentis madeby resolution of Council complete with moverand seconder; (e) Votingon appointmentresolution(s) is in public" Option2 - CurrentApproach but Change to Secret Voting (a) All procedures sameas with option (1) but change to secretvoting on appointmentresolution(s); (b) Changing to secretvoting wouldonly require amendments to the Muskoka DistrictCouncil Procedure By-law; (c) Necessary changes to Procedure By-law would include: - provisions for secretvote - discontinuance of current confirmation slip/rise and confirmvote procedure; needto create secretballotvoting procedures (eg. each member of Council goes to a designated private locationwhere there is a ballot box and fills out and deposits his/her ballot); DistrictClerkmay be the ballot counter. Page 149 of 168 1

150 Option3 - DirectElection at Time of Regular Municipal Elections (a) To implement, would require either (i) Provincial legislation; or (ii) Ministerial regulations and compliance with sections 218 and 219 of Municipal Act, 2001 Technical issues associated with each are detailed in the background paper; (b) Underdirect election approach, the office of the DistrictChairwould be a municipal officeto which a person is elected and standard procedures apply; (c) Votereligibilitywould needto be Muskoka wide; (d) Candidates would be required to meetthe same requirements regarding municipal office candidates generally as setforth in the Municipal Elections Act" (e) Some technical aspects regarding administering the election mayneed to be addressed Public Consultation (1) Degree of publicconsultation needed depends on whetheror not directelection is a possibility; (2) Council maywish to consider an initial consultation periodto assess interestfor the directelection technique; (3) Ifthere is sufficientinterestfor the direct election option,formal consultation is recommended. Options for such formal consultation include: (a) (b) (e) (d) oneor morepublic meetings at Muskoka District Council chambers in Bracebridge; and/or item (a) pluspublic meetings in each of the areas; and/or referendum question; and/or other. Page 150 of 168 2

151 Next Steps (1) Direction from Committee and Councilas to how they would like to proceed. (2) Possibly request staff report on consultation and processoptions. Page 151 of 168 3

152 CORRESPONDENCE: 1" LGL ENVIRONMENTAL RESEARCH ASSOCIATES had advised that they are undertaking the detail design for the replacement of the Vernon Lake Narrows Southbound Lanes Bridge on Highway 11 in the Town of Huntsville. If there are no outstanding concerns after January 3, 2008, the project will be considered to have met the requirements of the Class EA and construction may start without further notice, (Received November 26, 2007) (Referred to Engineering and Planning Departments) 2.. SWIFT RIVER ENERGY LIMITED has forwarded a copy of an information letter proposed to be mailed to "owner/occupants" with a Bala postal code as well as all those who provided contact information at various public meetings in August and September, 2007 with regard to the company's intention to pursue development of a 5 MW run-of-the-river hydropower station adjacent to Bala's North Darn, (Received November 29, 2007) (Referred to Finance, Engineering, Planning and Legal Departments) 3. THE MINISTRY OF NATURAL RESOURCES (MNR) and Westwind Forest Stewardship Inc. and the local citizens committee had invited Muskoka to review and comment on the proposed long-term management direction for the forest management plan for the French/Severn Forest.. (Received December 4, 2007) (Referred to Planning Department) 4. THE MINISTRY OF THE ENVIRONMENT has issued a Certificate of Approval No" N2N for the construction of a sanitary sewage pumping station for stage 1, a standby diesel fired emergency power generator and a forcemain to service the Inveraray Highlands Subdivision in the Town of Bracebridge. (Received December 6, 2007) (Referred to Finance and Engineering Departments) 5. HATCH ENERGY has advised that they have been retained by Swift River Energy Limited to undertake the Ontario Ministry of the Environment Environmentat Screening Process for Electricity Projects required under Regulation 116/01 of the Environmental Assessment Act with regard to the construction of a run-of-the-river hydroelectric facility at the North Bala Dam and have held public meetings in this regard" Hatch Energy will notify Muskoka of any future consultation activities for the project. (Received December 10, 2007) (Referred to Engineering, Planning and Legal Departments) 6. THE ONTARIO MUNICIPAL BOARD has advised that the appeals by Central Lake Rosseau Residents Association to Township of Muskoka Lakes OPA No" 34 and District of Muskoka OPA No. 31 have been withdrawn by letter dated November 9, (Received December 12,2007) (Referred to Planning and Legal Departments) 7. THE MINISTRY OF THE ENVIRONMENT has issued a Certificate of Approval # LTKV to Muskoka Bay Villa 1 Corp. for the construction of watermains in the Town of Gravenhurst to service Block 2., (Received December 17,2007) (Referred to Finance and Engineering Departments) Page 152 of 168

153 8. THE REGION OF DURHAM has forwarded a copy of a resolution adopted by their Council on December 12, 2007 asking the Federal Government to revamp the criteria for Employment Insurance to ensure it acts as it was designed to be which is an insurance program to assist during periods of unemployment and that the Premier of Ontario be called upon to advocate on behalf of Ontario municipalities to ensure that Ontario workers are eligible for benefits under the Employment Insurance program. (Received December 19, 2007) (Referred to Community Services Department) 9. THE MINISTRY OF THE ENVIRONMENT has issued an Amendment to Provisional Certificate of Approval #A for the use and operation of the Ridout Landfill Site, Township of Lake of Bays" The landfill is now closed and will not accept any waste for disposal.. (Received January 2, 2008) (Referred to Finance and Engineering Departments) 10. THE EASTERN GEORGIAN BAY STEWARDSHIP COUNCIL has advised that through a joint partnership with the Ministry of Natural Resources, the Moon River Walleye Rehabilitation Plan was formulated. A vital component of the plan is the enhancement of walleye spawning habitat immediately downstream of Moon Falls on Easter Georgian Bay. Comments with respect to this project are requested prior to February 29, (Received January 2, 2008) (Referred to Planning Department) 11.. THE SIMCOE MUSKOKA DISTRICT HEALTH UNIT has forwarded their report entitled:: The Impact ofthe Built Environment on the Health ofthe Population: A Review ofthe Review Lliereture. The report provides a comprehensive overview of the findings of research on and the recommendations for community design to promote population health. (Received January 2, 2007) (Referred to Planning and Engineering Departments) 12. THE CITY OF OTTAWA has requested Muskoka's support of a resolution passed by their Council at its November 28, 2007 meeting directing that a meeting be arranged with the Premier of Ontario to discuss the impact on municipalities of the Province's Business Education Tax reduction and the Federal Government's sale and leaseback plan and to propose legislative change that would allow municipalities to maintain the current level of Business Education tax revenue collected through Payment in Lieu of Tax billings and to retain the Business Education Tax revenue on property occupied but not owned by the Crown. (Received January 2, 2008) (Referred to Finance Department) 13.. INFRASTRUCTURE ONTARIO has provided information with regard to the Ontario government's new one-time Municipal Infrastructure Investment Initiative intended to provide municipalities provide safe and reliable local infrastructure. (Received January 2,2008) (Referred to Finance and Engineering Departments) 14.. THE TOWNSHIP OF BROCK has requested Muskoka's support of a resolution passed by their Council on December 17,2007 advising the Ministry of the Environment and the Ministry of Agriculture, Food and Rural Affairs of their interest and concern for the proposed changes to the regulatory framework for Non Agricultural Source Material and requesting to be actively involved and consulted on these and any other proposed amendments relating to the regulation of Non Agricultural Source Material. (Received January 2, 2008) (Referred to Engineering and Planning Departments) Page 153 of 168