THE DISTRICT MUNICIPALITY OF MUSKOKA DISTRICT COUNCIL MEETING NO. 14(2003)

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1 THE DISTRICT MUNICIPALITY OF MUSKOKA DISTRICT COUNCIL MEETING NO. 14(2003) The Council of The District Municipality of Muskoka met in the Council Chamber of the District Administration Building on Pine Street, Bracebridge at 7:00 p.m. on Tuesday, October 14, PRESENT: OFFICIALS PRESENT: Chair Adams and all other members of Council except S. Pryke J. Green, Chief Administrative Officer; J. McRae, Commissioner of Finance & Corporate Services; T. White, Commissioner of Engineering & Public Works; M. French, Commissioner of Planning & Economic Development; I. Turnbull, Commissioner of Community Services; M. Wylie, District Clerk and Director of Corporate Services CALL TO ORDER Chair Adams called the meeting to order at 7:00 p.m. ACKNOWLEDGEMENT OF SUPPLEMENTARY MOTIONS LIST Chair Adams noted several additions to the Council agenda which included motions with respect to a debenture issue, awards of tender, lease renewal and a feasibility study for the Norwegian-Canadian Cultural Centre. He noted that By-law had been withdrawn from the agenda and would go forward at the next meeting. NOTICES Chair Adams noted the public notices appearing in the agenda with respect to local improvement (capital cost) by-laws. DISCLOSURE OF CONFLICTS OF INTEREST Councillor Mackenzie declared a conflict of interest with respect to By-law and did not participate in the discussion nor vote on approval of the by-law. DISTRICT COUNCIL MINUTES 13(2003) Moved by M. Stevenson and seconded by G. Sutcliffe THAT the minutes of the District Council meeting No. 13(2003) held on September 23, 2003 be adopted.

2 COMMITTEE REPORTS a) Planning & Economic Development PED Councillor Boivin highlighted the minutes of the September 22, 2003 meeting of the Planning & Economic Development Committee. Moved by G. Sutcliffe and seconded by M. Stevenson THAT the minutes of the Planning & Economic Development Committee meeting No. PED held on September 22, 2003 be adopted. b) Engineering & Public Works Committee PW Councillor Dymond highlighted the minutes of the September 24, 2003 meeting of the Engineering & Public Works Committee. He noted that Councillor Coupland had been present at the last meeting and that the minutes would be amended to reflect that. Councillor Pinckard declared a conflict of interest with respect to Resolution 94/2003 and did not vote on the minutes nor participate in the discussion. Moved by T. Pilger and seconded by J. Peake THAT the minutes of the Engineering & Public Works Committee meeting No. PW held on September 24, 2003 be adopted. c) Corporate & Emergency Services Committee CES Councillor Mackenzie highlighted the September 26, 2003 meeting of the Corporate & Emergency Services Committee. He requested that Resolution 52/2003 be removed from the minutes and voted on separately. Chair Adams read resolution #52/2003. Moved by S. Northmore and seconded by G. Adams 52/2003 THAT under Grants Policy AD:28 a one-time grant in the amount of $549,000 be provided to South Muskoka Memorial Hospital. Several Councillors advised that they would not support the motion as it was felt that District funds should be spent in areas of District responsibility and it was also felt that information from the two hospital boards regarding capital needs had not been provided as requested. It was also noted that the new provincial government may have a different approach with respect to the provision of funding for hospitals and it might be worthwhile to wait and see what might develop in this regard.

3 Councillor Glennie stated that while it might sound reasonable to wait, he did not feel that South Muskoka Memorial Hospital (SMMH) should be penalized for the failure of one or two groups of people to come together to work out a plan. Councillor Miglin commented that health is clearly a provincial responsibility and that he would not support the request. Councillor Pinckard commented on the role of municipalities in the provision of hospital funding and that while it may one day be an appropriate practice, he felt it was risky to be granting such requests on an ad hoc basis. Councillor Mackenzie stated that he felt it was premature to grant the request from SMMH and that Council should wait to consider the matter until discussions between the two hospitals is complete. Councillor Klinck proposed that the motion be deferred until the information is available. Councillor Peake felt that the discussions between the two boards should be permitted to take place and the new Council make a decision when that information was available. Mr. McRae commented that SMMH had provided its long term capital budget. Moved by J. Klinck and seconded by M. Stevenson 49/2003 THAT Resolution 52/2003 contained in the minutes of the Corporate & Emergency Services Committee meeting No. CES be deferred. Defeated. Council then considered Resolution #52/2003 of the Corporate & Emergency Services Committee. A recorded vote was requested. Moved by S. Northmore and seconded by G. Adams 52/2003 THAT under Grants Policy AD:28 a one-time grant in the amount of $549,000 be provided to South Muskoka Memorial Hospital. Yea Nay B. Colhoun S. Aitchison H. Coupland B. Boivin B. Glennie J. Dymond J. Klinck F. Coleman M. Kennedy A. Fairfield S. Northmore B. Howe T. Pilger H. Mackenzie M. Stevenson S. Martin S. Young S. Miglin J. Peake T. Pinckard G. Sutcliffe Defeated.

4 CORRESPONDENCE: Moved by J. Klinck and seconded by M. Kennedy THAT the minutes of the Corporate & Emergency Services Committee meeting No. CES held on September 26, 2003 be adopted as amended. 1. W. MICHAEL FENN, Deputy Minister of Municipal Affairs and Housing has advised that the Minister of Community, Family and Children s Services has forwarded Muskoka s June 5, 2003 letter regarding homelessness and other concerns to the Minister of Municipal Affairs and Housing. He advised that only matters of routine government activity will be carried out during the pre-election period and recommends that Muskoka raise these matters again once the post-election Cabinet has been sworn in. (Referred to Community Services) (Received September 15, 2003) 2. THE MINISTRY OF AGRICULTURE AND FOOD have forwarded the Second Information Package containing additional information concerning the Nutrient Management Act and how it relates to municipalities. (Referred to Engineering and Planning Departments) (Received September 16, 2003) 3. THE MINISTRY OF NATURAL RESOURCES AND ONTARIO PARKS has invited Muskoka to assist in the preparation of the Forest Management Plan for the Algonquin Park Forest Management Unit. The Plan will outline the long-term strategic direction for the management of the forest and the details of harvest, renewal and tending operations and access road locations for the first five-year term The information centre will provide the public with an opportunity to review and comment on the analysis of forest management alternatives. An information centre is scheduled from 3:00 p.m. to 8:00 p.m. at the Holiday Inn Hidden Valley on Tuesday, October 21, (Referred to Planning Department) (Received September 18, 2003) 4. THE MUSKOKA LAKES ASSOCIATION has requested Muskoka s support of their submission to the National Antenna Policy Review which contains a number of recommendations, the most significant of which is the granting of power to the local municipality to disallow construction/modification of towers. (Referred to Planning Department) (Received September 19, 2003) 5. ANDY MITCHELL, M.P. Parry Sound-Muskoka, has advised of the Government of Canada s new 10-year initiative to help address the infrastructure priorities of small municipalities and rural communities. The Municipal and Rural Infrastructure Fund will enable small and rural municipalities to continue to provide safe and competitive centres for economic growth, innovation and cultural development. (Referred to Treasury, Engineering and Planning Departments) (Received September 22, 2003)

5 6. THE TOWNSHIP OF GEORGIAN BAY has requested Muskoka s comments respecting the proposed closing of shore road allowance in front of: Stuart & Patricia Gunn Lot 31, Conc. 9, Gibson Ward, designated as Part 1 on Plan 35R Hans & Mare Westerblom Lot 21, Conc. 11, Baxter Ward, designated as Part 2 on Plan 35R Mary Louise Diceman Lot 17, Conc. 13, Baxter Ward, designated as Part 1 on Plan 35R Referred to Engineering Department) (Received September 25, 2003) 7. THE MINISTRY OF THE ENVIRONMENT has issued an amendment to Provisional Certificate of Approval Number A for the use and operation of the Stisted (Muskoka) Landfill Site located in the Town of Huntsville. (Referred to Engineering and Treasury Departments) (Received October 1, 2003) BY-LAWS Moved by J. Peake and seconded by T. Pilger THAT by-laws for first reading be numbered and entitled: Being a by-law to regulate parking on Muskoka Road No. 169 (Bala Cranberry Festival 2003) Being a by-law to impose fees and charges (Lakewood) Park, Huntsville Sanitary Sewage Works) AND THAT the by-laws be read a first time. Moved by J. Peake and seconded by T. Pilger THAT by-laws read a first time and numbered and be read a second time. Chair Adams requested and received permission for third reading of the by-laws. Moved by M. Kennedy and seconded by J. Klinck THAT by-laws read a first and second time and numbered and be read a third time and finally passed.

6 NEW BUSINESS a) Disclosure of Conflicts of Interest re: Supplementary Motions List None were declared. b) Upcoming Contract Awards The following tenders will be awarded at the October 15, 2003 meeting of the Engineering & Public Works Committee: i) Tender No Landscape Works at Port Carling Locks Park ii) Tender No Integration of Hidden Valley and Huntsville Water Works c) Award of Tender Snowblower Moved by J. Klinck and seconded by M. Kennedy 50/2003 d) Muskoka-Parry Sound Health Unit THAT the purchase of a Truck Mounted Runway Snowblower with One Year Parts and Labour Warranty be awarded to Tanny Equipment, St. Laurent, Quebec, at a cost not to exceed $135,000 plus taxes; and THAT District Council award the purchase of a Tandem Axel Dump Truck with Snowplow Harness to accommodate a 19- foot blade to Northland Truck Centre, Bracebridge, at a cost not to exceed $138, plus taxes. Councillor Boivin provided information regarding certain issues relating to the Muskoka-Parry Sound Health Unit (MPSHU) which he advised had resulted from a discussion with Councillor Mackenzie. He addressed issues such as accountability and the Board's efforts to improve the organizational structure which included a newly defined role for the Medical Officer of Health (MOH). Councillor Boivin commented on the concerns surrounding the Acting Interim Medical Officer of Health, Dr. Hemens, the public health issues that were faced by MPSHU such as SARS and concerns regarding staff morale with the removal of a senior staff member. He noted positive steps that were contemplated such as a workshop that will acquaint staff with a new CEO and MOH, and bring new Board members together to establish aims and objectives, and advised that they were working on a communications strategy so that the public can stay informed as events occur.

7 In response to a question from Councillor Mackenzie regarding Dr. Hemens' role in preparing a report for the Health Unit, Councillor Boivin advised that while Dr. Hemens had been welcome to provide input as any staff member would, he had not been requested to complete an analysis with respect to the structure of the organization. Councillor Coleman expressed concern with respect to how the process was handled and Councillor Mackenzie advised that while he would not proceed with his notice of motion regarding the initiation of a review of the affairs of the MPSHU, he still had a great deal of concern and would pursue those matters in the new term of Council. He thanked Councillor Boivin for his efforts. Councillor Fairfield assured Council that the reorganization being pursued was in everyone's best interests. Councillor Pinckard commented on the difficult issues faced by those who are involved in taking on the role of a volunteer board member and he thanked those Councillors who were members of the Board. Councillor Mackenzie stated that he felt there could have been an increased level of communication during those difficult issues. e) Debenture Issue Moved by J. Klinck and seconded by M. Kennedy 51/2003 THAT National Bank Financial Inc. be authorized to proceed with the sale of the District of Muskoka s debenture issue of $10,000,000 as set out in their memorandum dated October 10, f) Award of Contract DC Nurse Call System The Pines Moved by B. Glennie and seconded by F. Coleman 52/2003 THAT Contract No DC for Supply and Installation of the Nurse Call System at The Pines be awarded to Wireless Resident Nurse Alert Technology Inc. in the amount of $192, inclusive of GST, as recommended in the staff report dated October 14, g) Feasibility Study Norwegian-Canadian Memorial and Cultural Centre Moved by F. Coleman and seconded by B. Glennie 53/2003 THAT the Feasibility Study and Business Plan for the Norwegian-Canadian Memorial and Cultural Centre prepared by Lord Cultural Resources Planning & Management Inc. and the staff report of October 3, 2003 be accepted;

8 AND THAT staff be authorized to tender for proposals to design and construct a building for the Norwegian-Canadian Memorial and Cultural Centre and request a proposal to undertake the environmental assessment required for FedNor and provincial funding; AND THAT staff be authorized to seek the capital funding necessary to undertake the Norwegian-Canadian Memorial and Cultural Centre project through FedNor and provincial funding programs; AND THAT staff be directed to report the findings to Committee and Council prior to the expenditure of any funds. h) Contract No Balcony Replacement Moved by S. Northmore and seconded by J. Peake 54/2003 THAT the bids received for Contract No be declined due to the amount in excess of the original engineering estimate; AND THAT access and use of the balconies be closed off and restricted until the scope of work can be re-evaluated and re-tendered in early i) License Agreements Provincial Offences Administration Moved by S. Northmore and seconded by J. Peake 55/2003 THAT the Director of Corporate Services be authorized to negotiate a renewal of the License Agreements between her Majesty the Queen in Right of Ontario, as represented by the Chair of the Management Board of Cabinet, the Landlord, where applicable, and the District Municipality of Muskoka, for the existing court premises in Huntsville and Bracebridge; and THAT the District Chair and the District Clerk be authorized to sign the renewal Agreements.

9 j) Water Quality Park Lane Area Town of Gravenhurst In response to a question from Councillor Young regarding the approach to replace cast iron watermains, Mr. White advised that those watermains existed in all three urban communities and the capital budget will address replacement over a period of time. Councillor Colhoun advised that the residents in the area of concern had been dealing with the problem of rust in their water since April and he proposed that the replacement work be undertaken in In response to a question from Chair Adams Mr. White advised that efforts to stabilize the situation had been successful for the past two weeks and he was confident that it would continue. Council members discussed temporary measures and possible scenarios regarding compensation for those affected. Concerns were expressed regarding costs for replacement of the watermains during the winter and comments were made in support of resolving the situation as soon as possible. Councillor Young commented that while he understood the residents' concerns he would prefer that the replacement of cast iron pipes proceed in all three towns as originally planned. Mr. White commented that he did not wish Council to have the impression that he was not in favour of fixing the problem; the recommendation he put forward for consideration reflected an established practice for dealing with such situations however he was willing to proceed immediately if that is what Council wished. Moved by B. Colhoun and seconded by T. Pilger 56/2003 THAT the replacement of ageing cast iron watermains on Park Lane, Kingswood Drive and adjacent streets in the Town of Gravenhurst be undertaken in 2003 and that proposed resolution #57/2003 be amended accordingly. Moved by J. Peake and seconded by M. Stevenson 57/2003 WHEREAS Muskoka s 2003 Capital Budget and Ten Year Forecast makes provision for the replacement of ageing cast iron watermains on Park Lane, Kingswood Drive and adjacent streets in the Town of Gravenhurst between 2003 and 2006; AND WHEREAS residents of the Park Lane/Kingswood Drive area have recently complained of poor quality water due to rust staining; AND WHEREAS the Town of Gravenhurst has requested that the remaining watermain replacements be undertaken immediately;

10 AND WHEREAS there is insufficient time to design, obtain approval and tender the remaining work before the onset of winter; AND WHEREAS Muskoka s operations staff have taken steps to control the rust staining, the positive results of which have been sustained for the last two weeks; NOW THEREFORE BE IT RESOLVED THAT Muskoka s Capital Budget and Ten Year Forecast be adjusted to accelerate the remaining work to completion as soon as possible in 2003; AND THAT staff be directed to continue an enhanced level of monitoring of water quality in the affected area until the watermains are replaced; AND FURTHER THAT staff be directed to develop appropriate credits against future water and sewage bills for affected residents. k) Committee of the Whole in Closed Session l) Offer to Sell Moved by S. Aitchison and seconded by B. Boivin THAT we do now adjourn to a Committee of the Whole in Closed Session to discuss a property matter. Moved by B. Boivin and seconded by S. Aitchison THAT we do now rise from a Committee of the Whole in Closed Session and immediately reconvene in Open Session and report. Moved by S. Aitchison and seconded by B. Boivin 58/2003 THAT The District Municipality of Muskoka accept the Offer to Sell by Carlton C. Boyd dated October 9, 2003 with respect to part of Lot 4, Concession 8, Freeman Township.

11 CONFIRMING BY-LAW Moved by H. Mackenzie and seconded by S. Northmore 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 14 th day of October, 2003 be amended by the addition of resolutions 49/2003, 50/2003, 51/2003, 52/2003, 53/2003, 54/2003, 55/2003, 56/2003, 57/2003 and 58/2003; AND THAT the by-law, as amended, be read and passed. District Chair District Clerk