THE DISTRICT MUNICIPALITY OF MUSKOKA DISTRICT COUNCIL MEETING NO. 1(2006)

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1 THE DISTRICT MUNICIPALITY OF MUSKOKA DISTRICT COUNCIL MEETING NO. 1(2006) 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 Monday, January 30, PRESENT: OFFICIALS PRESENT: ALSO PRESENT: District Chair G. Adams and all other members of District Council except S. Aitchison and M. Casey J. Green, Chief Administrative Officer; T. White, Commissioner of Engineering & Public Works; M. French, Commissioner of Planning & Economic Development; D. Royston, District Solicitor; R. Williams, Commissioner of Community Services; C. Lees, District Clerk T. Mason re: By-law ; J. Mole re: Water & Sewer Build Out Program; G. Bache, Director of Environmental Services; S. Donald, Manager of Financial Planning & Policy; D. Guy, Finance Co-ordinator; H. Moore, Director of Programs; M. Osypchuck, Manager of Muskoka Airport, A. Zweirs, Best Start Implementation Manager CALL TO ORDER Chair Adams called the meeting to order at 7:00 p.m. PUBLIC MEETING Chair Adams advised that a public meeting was being held to receive comment regarding the proposed passing of By-law being a by-law to update water and sewer user rates and By-law being a by-law to establish certain fees for solid waste management. He stated that anyone wishing to be heard at the meeting was to have advised the Clerk before noon that day. Chair Adams advised that one request was received and called upon Mr. Tom Mason. Mr. Mason advised that he had attended the January 13 th joint Committee meeting where the water and sewer budgets were discussed. He advised that he understood the need to increase user rates and abandon the Build Out program but commented that cost projections should have indicated that program was too expensive to undertake. Mr. Mason suggested that mandatory connections should be enforced and a moratorium be placed on further local improvements until they can be undertaken without large rate increases. Chair Adams inquired as to whether there was anyone else present who wished to speak to the proposed by-laws. There being none, Chair Adams declared the public meeting concluded.

2 ACKNOWLEDGEMENT OF SUPPLEMENTARY MOTIONS LIST Chair Adams noted additions to the agenda including the 2006 Interim Levy By-law and the Best Start Implementation Plan. DELEGATION Mr. Jeff Mole Mr. Mole advised that he was in attendance to speak in favour of creating a plan to extend sewer services, noting that the proposed Build Out plan was a good solution. He suggested that a plan be implemented that respected the needs and wishes of property owners, the environment and good planning and could include a list of priority areas such as River Street in Bala. He provided background information with respect to the situation on River Street and his attempts to promote the extension of municipal sewer services. Mr. Mole expressed concern regarding the costs and time commitment associated with the local improvement process including delays in building projects and the strain on neighbour relations. He commented that in cancelling the program Council should consider factors such as the spirit of provincial policy, the importance of encouraging intensification in urban areas and lost economic opportunities such as the development of affordable housing. Councillor Fairfield thanked Mr. Mole for his comments noting that Council was aware of his concerns and that it was difficult to see the Build Out plan put on hold. She advised that she hoped there might be a way to bring services to those affected areas. Councillor Pryke concurred and inquired as to the process which would eliminate the requirement for a Township by-law exemption that would permit building on a lot with a septic system. Mrs. French advised that an amendment to the local official plan would be required and that Planning staff could work with the Township Planner in this regard. DECLARATION OF PECUNIARY INTERESTS Councillor Coates declared a pecuniary interest with respect to the 2006 Solid Waste Management Operating Budget and draft Capital Budget and Forecast. DISTRICT COUNCIL MINUTES 16(2005) Moved by H. Jackson and seconded by B. Glennie THAT the minutes of the District Council meeting No. 16(2005) held on December 19, 2005 be adopted.

3 COMMITTEE REPORTS a) Community Services CS Moved by J. Hie and seconded by B. Glennie THAT the minutes of the Community Services Committee meeting No. CS held on December 19, 2005 be adopted. b) Joint Engineering & Public Works and Corporate & Emergency Services PW /CES Councillor Miglin highlighted the minutes of the December 21, 2005 joint meeting of the Engineering & Public Works and Corporate & Emergency Services Committees. Moved by M. Kennedy and seconded by J. Klinck THAT the minutes of the joint meeting of the Engineering & Public Works Committee No. PW and the Corporate & Emergency Services Committee No. CES held on December 21, 2005 be adopted. c) Planning & Economic Development PED Councillor Boivin highlighted the minutes of the January 12, 2006 meeting of the Planning & Economic Development Committee. i) Private Communal Servicing and Mobile Home Parks Proposed Amendment No. 30 to the Muskoka Official Plan Councillor Pryke expressed concern with respect to the provisions of the proposed amendment and the impact on existing mobile home parks. She inquired as to whether mobile home park owners received notice of the public meeting. Mrs. French advised that the meeting was advertised in accordance with Planning Act requirements. The mobile home park owners were not contacted individually, however Planning staff had been approached by some and would be meeting with them in the coming week. She noted that they were also awaiting responses from the Area municipalities.

4 Moved by B. Glennie and seconded by H. Jackson THAT the minutes of the Planning & Economic Development Committee meeting NO. PED held on January 12, 2006 be adopted. d) Joint Corporate & Emergency Services and Engineering & Public Works CES /PW a) Water & Sewer Councillors Young and Coleman commented on concerns expressed by several members of the public regarding the calculation of sewer charges. It was noted that many objected to paying sewer charges when often the water consumed does not enter the sewage system, e.g. lawn watering. Mr. White advised that while some of the water used does not go through the sewage system, rainwater and other sewage and infiltration does have to be treated. He commented that the metering of sewage would be complex and expensive and a move to somehow discount water used for lawn watering or similar purposes would be detrimental in terms of managing demand for water and encouraging conservation; it may be construed that it is less expensive to throw water away on the ground than to consume it for useful purposes. Councillor Pryke commented that concerns had been expressed regarding billing methods and prepaying. Mr. Cairns acknowledged those concerns and advised that staff would review the billing system. Councillor Klinck commented on the presentations made by Messrs. Mason and Mole, stating that while Council would like to see the Build Out program proceed, the challenges of financing the required infrastructure in the absence of federal and provincial contributions were significant. Chair Adams expressed hope that the plan could be re-instituted in the future if the financial picture changed. Moved by J. Klinck and seconded by M. Kennedy THAT the meeting of the joint Corporate & Emergency Services Committee No. CES and the Engineering & Public Works Committee No. PW held on January 13, 2006 be adopted.

5 CORRESPONDENCE: 1. THE MINISTRY OF THE ENVIRONMENT has announced that on December 5, 2005, the Minister of the Environment introduced the Clean Water Act, 2005 in the Ontario Legislature. this legislation, if passed will mandate source water protection planning in Ontario. (Received December 12, 2005) (Referred to Engineering and Planning Departments) 2. THOMS & CURRIE, Solicitors, has requested Muskoka s comments respecting an application to close and sell that part of the colonization road reserved in Patent #200 lying in Part of Lot 23, Concession 2, Sinclair Ward, Township of Lake of Bays. ( Ontario Inc.) (Received December 13, 2005) (Referred to Engineering Department) 3. THE TOWNSHIP OF SEVERN has requested Muskoka s support of a resolution passed by their Council at its meeting held on December 1, 2006 requesting the Province of Ontario to create an appropriate tax class under the Assessment Act for the Canadian Heritage museum and other similar type non-profit operations. (Received December 13, 2005) (Referred to Finance Department) 4. The Township of Muskoka Lakes has requested Muskoka s comments respecting the proposed closure of Township Road Allowance lying in Part of Lot 24, Concession 13, Watt Ward, Township of Muskoka Lakes (Burton). (Received December 14, 2005) (Referred to Engineering Department) 5. THE CITY OF KINGSTON has requested Muskoka s support of a resolution passed by their Council at its regular meeting held on November 22, 2005 requesting the Province of Ontario to implement measures such as, but not limited to, a program to subsidize utilities for persons on low or fixed incomes in order to lessen the impact of increased utilities rates. (Received December 15, 2005) (Referred to Finance and Community Services Departments) 6. THE TOWN OF NIAGARA-ON-THE-LAKE has requested Muskoka s support of a resolution passed by their Council at its meeting held on November 28, 2005 expressing their disapproval of all of the recommendations contained in the Report of the Expert Panel on Water and Wastewater Strategy which gives Region Municipalities exclusive jurisdiction over all elements of the water and wastewater sector at the exclusion of lower tier municipalities with less than 10, 000 customers. (Received December 22, 2005) (Referred to Finance Department) 7. PINCKARD, WYJAD, FLEMING ASSOCIATES has requested Muskoka s comments respecting an application to close the original road allowance in front of Part Lot 27, Concession 12, Franklin Ward, Township of Lake of Bays (Musselman). (Received January 2, 2006) (Referred to Engineering Department) 8. JOHN GERRETSEN, Minister of Municipal Affairs and Housing has written to provide an update on Bill 206: Ontario Municipal Employees Retirement System Act. (Received January 3, 2006) (Referred to Finance Department) 9. STUART & CRUICKSHANK, Barristers and Solicitors has requested Muskoka s comments respecting the following applications to close that part of the original shore road allowance lying in front of:

6 Titcombe/Miller/Logiudice Lot 21, Conc. 4, Plan M-376, (Riley Lake) Ryde Ward, Gravenhurst Peter Broughall Lot E, Conc. 19, Wood Ward, designated as Parts 1&2, 35R-20996, Gravenhurst Estate of Marion Dufton Lot 2, Conc. 6, Morrison Ward (Kahshe Lake) Plan M-378, Gravenhurst Joseph and Vivian Castaldi Lot 23, Conc. 4, Plan M-160, Ryde Ward (Riley Lake) Gravenhurst George and Carole Leger Lot 28, Conc. 8, Morrison Ward (Sparrow Lake) Gravenhurst (Received January 5, 2006) (Referred to Engineering Department) 10. THOMS & CURRIE, Barristers and Solicitors has requested Muskoka s comments respecting an application to stop up, close and sell that part of the original shore road allowance lying in front of Part of Lot 22, Conc. 12, Franklin Ward, Township of Lake of Bays. (John Archer) (Received January 2, 2006) (Referred to Engineering Department) 11. THE MINISTRY OF THE ENVIRONMENT has issued a Certificate of Approval No KAQQJ for the construction of low pressure sanitary sewers to service Blueberry Lane, Town of Gravenhurst. (Received January 9, 2006) (Referred to Engineering and Finance Departments) 12. THOMS & CURRIE, Barristers & Solicitors has requested Muskoka s comments respecting the proposed closure of that part of the original shore road allowance lying in front of Part of Lot 27, concession 12 and part of the original shore road allowance in front of the original 66 foot road allowance between Concessions 12 and 13, in front of Lot 27, Franklin, Township of Lake of Bays. (Received January 10, 2006) (Referred to Engineering Department) 13. THE MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS has written to advise that effective December 31, 2005 under the Nutrient Management Act, 2002 O. Reg. 267/03 was amended to affect the issuance of building permits. A Municipal information package outlining the details around the regulatory changes and their potential for impact on municipalities will be available early in February, (Received January 11, 2006) (Referred to Planning Department) 14. STUART & CRUICKSHANK, Barristers and Solicitors has requested Muskoka s comments respecting the proposed closing of that part of the original road allowance between Lots 25 and 26, Concession 8, Ryde Ward (Taylor). (Received January 19, 2006) (Referred to Engineering Department) BY-LAWS Moved by T. Pilger and seconded by N. Thompson THAT by-laws for first reading be numbered and entitled: Being a by-law to update water and sewer user rates

7 Being a by-law to approve Amendment No. 43 to the Official Plan of the Town of Huntsville Being a by-law to confirm the construction and authorize the financing of certain works (Hodges Lane Sewage Pumping Station upgrades) Being a by-law to establish certain fees (Solid Waste Management) A by-law to requisition from the Area Municipalities before the adoption of the estimates for 2006 AND THAT the by-laws be read a first time. Moved by N. Thompson 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 J. Klinck and seconded by M. Kennedy THAT by-laws read a first and second time and numbered , , , and be read a third time and finally passed. NEW BUSINESS a) Declaration of Pecuniary Interests re: Supplementary Motions List None were declared. b) Upcoming Tender Award It was noted that the following tender would be awarded at the February 1, 2006 meeting of the Engineering & Public Works Committee: i) Tender No Hanes Road Reservoir & Booster Station Huntsville

8 c) Best Start Implementation Plan Councillor Fairfield acknowledged the efforts of staff in preparing the Best Start Implementation Plan. Moved by A. Fairfield and seconded by B. Glennie 1/2006 THAT the January 23, 2006 Muskoka Best Start Implementation Plan be approved and submitted to the Ministry of Children and Youth Services. d) Committee of the Whole in Closed Session Moved by F. Coleman and seconded by B. Colhoun THAT we do now adjourn to a Committee of the Whole in closed session to discuss a personnel matter. Moved by B. Colhoun and seconded by F. Coleman THAT we do now rise from a Committee of the Whole in closed session and immediately reconvene in open session and report. e) By-laws Appointment of Commissioner of Community Services Moved by B. Boivin and seconded by L. Braid THAT by-laws for first reading be numbered and entitled: Being a by-law to appoint a Commissioner of Community Services Being a by-law to appoint an Administrator (Social Housing Reform Act) Being a by-law to appoint an Administrator (The Pines Home for the Aged) Being a by-law to appoint an Administrator (Ontario Works Act, 1997)

9 Being a by-law to appoint an Administrator (Day Nurseries Act) AND THAT the by-laws be read a first time. Moved by L. Braid and seconded by B. Boivin 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 B. Boivin and seconded by L. Braid THAT by-laws read a first and second time and numbered , , , and be read a third time and finally passed. Mr. Green introduced Mr. Rick Williams, the new Commissioner of Community Services. CONFIRMING BY-LAW Moved by L. Braid and seconded by B. Boivin 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 30 th day of January, 2006 be amended by the addition of Resolution #1/2006; AND THAT the by-law, as amended, be read and passed.

10 ADJOURNMENT Moved by B. Boivin and seconded by L. Braid THAT we do now adjourn to meet again on Monday, February 20, 2006 or at the call of the Chair. District Chair District Clerk