THE DISTRICT MUNICIPALITY OF MUSKOKA DISTRICT COUNCIL MEETING NO. 6(2006) The Council of The District Municipality of Muskoka met in the Council Chamber, District Administration Building, at 7:00 p.m. on Monday, May 15, 2006. PRESENT: OFFICIALS PRESENT: ALSO PRESENT: Acting District Chair M. Kennedy and all other members of District Council except S. Northmore and J. Peake J. Green, Chief Administrative Officer; T. White, Commissioner of Engineering & Public Works; M. French, Commissioner of Planning & Economic Development; R. Williams, Commissioner of Community Services; D. Royston, District Solicitor; C. Lees, District Clerk Dr. C. Gardner, Simcoe Muskoka District Health Unit; G. Bache, Director of Environmental Services; S. Donald, Manager, Financial Planning & Policy CALL TO ORDER Acting District Chair Kennedy called the meeting to order at 7:00 p.m. ACKNOWLEDGEMENT OF SUPPLEMENTARY MOTIONS LIST Acting District Chair Kennedy referred to the supplementary agenda advising that the only addition to the agenda was a presentation by Dr. Gardner. DELEGATION DR. CHARLES GARDNER, SIMCOE MUSKOKA DISTRICT HEALTH UNIT Dr. Gardner introduced himself and members of his staff who were in attendance and he provided a presentation to advise Council on current activities of the health unit, overall direction and key initiatives. He commented on the mandate of public health, efforts undertaken with respect to disease prevention, education initiatives and pandemic planning. Dr. Gardner stated that the health unit would like to explore how to work with municipalities in terms of community design and land use planning to encourage a healthy lifestyle. He provided information regarding priorities for 2006 and beyond. Acting Chair Kennedy thanked Dr. Gardner for his presentation and he left the meeting. DISCLOSURE OF PECUNIARY INTERESTS None were declared. DISTRICT COUNCIL MINUTES 5(2006) Moved by N. Thompson and seconded by T. Pilger THAT the minutes of the District Council meeting No. 5(2006) held on April 3, 2006 be adopted.
COMMITTEE REPORTS a) Corporate & Emergency Services CES-3-2006 Councillor Klinck highlighted the minutes of the April 28, 2006 meeting of the Corporate & Emergency Services Committee. Moved by T. Pilger and seconded by N. Thompson b) Muskoka Airport MA-4-2006 THAT the minutes of the Corporate & Emergency Services Committee meeting No. CES-3-2006 held on April 3, 2006 be adopted. Councillor Martin highlighted the minutes of the April 25, 2006 meeting of the Muskoka Airport Committee. Moved by S. Martin and seconded by S. Miglin THAT the minutes of the Muskoka Airport Committee meeting No. MA-4-2006 held on April 25, 2006 be adopted. c) Engineering & Public Works PW-5-2006 Councillor Miglin highlighted the minutes of the April 26, 2006 meeting of the Engineering & Public Works Committee. i) Dismantling of Barn Councillor Coleman commented on the cost to Muskoka associated with the dismantling of the barn on the Peake property noting that it may set a precedent in terms of financial assistance to organizations. Councillor Miglin acknowledged Councillor Coleman s concerns and advised that there would be costs related to the disposal of the structure in any case and that Committee felt it was a worthwhile expenditure. Moved by S. Miglin and seconded by S. Young THAT the minutes of the Engineering & Public Works Committee meeting No. PW-5-2006 held on April 26, 2006 be adopted.
d) Community Services CS-4-2006 Councillor Fairfield highlighted the minutes of the April 26, 2006 meeting of the Community Services Committee. Moved by A. Fairfield and seconded by F. Coleman THAT the minutes of the Community Services Committee meeting No. CS-4-2006 held on April 26, 2006 be adopted. e) Planning & Economic Development PED-5-2006 Councillor Boivin highlighted the minutes of the April 27, 2006 meeting of the Planning & Economic Development Committee. i) Official Plan Amendment #30 Councillor Klinck referred to the correspondence sent by Mr. Andrew Dales with and inquired as to what steps might be taken or whether there had been any dialogue. Mrs. French advised that there had been ongoing communication with Mr. Dales and the owners of Beaver Ridge mobile home park. Committee members had considered the correspondence received and made a decision to not revise the Amendment. She stated that there may be an opportunity for the park to expand on the basis of its existing approvals which would eliminate the need to consider a consent under the Safe Drinking Water Act. Moved by B. Boivin and seconded by S. Aitchison THAT the minutes of the Planning & Economic Development Committee meeting No. PED-5-2006 held on April 27, 2006 be adopted. f) Corporate & Emergency Services CES-4-2006 Councillor Klinck highlighted the minutes of the April 28, 2006 meeting of the Corporate & Emergency Services Committee. i) Tax Policy Review Councillor Pryke reminded Council that it was the second time a recommendation in this regard had been before Council for consideration and she urged other municipalities to join in the attempt to bring the matter to the attention of the Province one more time.
ii) Renaming of Bracebridge Detachment In response to a question from Councillor Glennie, Councillor Klinck advised that the matter of the possible renaming of the Bracebridge O.P.P. detachment had been referred to the Area municipalities involved for their consideration. Moved by J. Klinck and seconded by S. Pryke THAT the minutes of the Corporate & Emergency Services Committee meeting No.CES-4-2006 held on April 28, 2006 be adopted. CORRESPONDENCE 1. THE TOWNSHIP OF MUSKOKA LAKES has requested Muskoka s comments regarding the proposed township road allowance closing lying between Concessions 2 and 3, Part of Lot 28, Medora Ward, Township of Muskoka Lakes. (1061028 Ontario Limited). (Received March 24, 2006) (Referred to Engineering Department) 2. THE MINISTER OF CHILDREN AND YOUTH SERVICES has written to confirm the Province s commitment to help more children be ready and eager to achieve success in school and requesting municipalities to call on the Government of Canada to honour the five-year Early Learning and Child Care Agreement on behalf of the thousands of families who need high-quality learning and child care for their children. (Received March 28, 2006) (Referred to Finance and Community Services Departments) 3. STUART & CRUICKSHANK, Barristers and Solicitors has requested Muskoka s comments respecting the proposed closure of that part of the original shore road allowance in front of Lot F, concession 15, Wood Ward, Town of Gravenhurst. (Bielinski/Kernenyi) (Received March 28, 2006) (Referred to Engineering Department) 4. THE COUNTY OF BRANT has requested Muskoka s support of a resolution passed by their Council respecting recommendations contained in the Report of the Expert Panel on Water and Wastewater Strategy. (Received March 28, 2006) (Referred to Engineering, Planning and Finance Departments) 5. THE TOWN OF CALEDON has requested Muskoka s support of a resolution passed by their Council on March 21, 2006 respecting the threat to the long term financial viability of Ontario farmers and their communities. (Received March 28, 2006) (Referred to Finance and Planning Departments) 6. THE CITY OF KAWARTHA LAKES has requested Muskoka s support of a resolution passed by their Council on February 7, 2006 resolving that the financial costs of required studies as identified in a report under The Clean Water Act, 2005 be funded by the Province within funds announced by the Province in December 2005. (Received March 28, 2006) (Referred to Finance and Engineering Departments)
7. JMC TRANSPORTATION GROUP INC. has advised that they have been retained by the Ministry of Transportation to undertake the Detail Design for the rehabilitation of Highway 11 from 0.3 km south of Muskoka Road 169, northerly for 6.3 km to Muskoka Road 41 (Jones Road) and Highway 118 from 0.06 km east of Highway ll easterly for 4.3 km. Muskoka s comments or concerns are requested as a part of the study that follows the Class Environmental Assessment for Provincial Transportation Facilities (2000). (Received March 31, 2006) (Referred to Engineering and Planning Departments) 8. THE TOWNSHIP OF THE ARCHIPELAGO has forwarded a Notice of Adoption of Official Plan Amendment No. 49 recognizing the uniqueness and importance of the Eastern Georgian Bay Coast to the Township of the Archipelago and its partner municipalities which share the coastline and to establish guiding principles for planning along the coast. (Received April 7, 2006) (Referred to Planning Department) 9. THE TOWN OF GRAVENHURST has forwarded documentation requesting and supporting the changing of the Bracebridge O.P.P. Detachment to the South Muskoka O.P.P. Detachment. (Received April 7, 2006) (Referred to Corporate Services Department) 10. THE MINISTRY OF THE ENVIRONMENT has issued a Certificate of Approval #2440-6N7KV5 to Muskoka Bay Golf Corporation for the construction of watermains on a private access road (from Street C to Club House site) Town of Gravenhurst. (Received April 10, 2006) (Referred to Finance and Engineering Departments) 11. THE MUNICIPAL PROPERTY ASSESSMENT CORPORATION has written to bring Muskoka up to date on the changes they are planning as part of their response to the Report of the Ombudsman of Ontario. (Received April 11, 2006) (Referred to Commissioners) 12. PARKS CANADA has forwarded a list of lakes that are drawn down annually by the Trent-Severn Waterway and a recommended water intake line depth (measured below normal summer time lake level) in an effort to assist municipal officials, planning departments, building inspectors and waterfront property owners with current and accurate information. They recommend that this information is made available to homeowners intending to draw water from local lakes prior to construction and development as a part of the municipal permitting process. (Received April 13, 2006) (Referred to Planning Department) 13. THE MINISTRY OF THE ENVIRONMENT has issued a Certificate of Approval #0153-6NTPQT for the construction of sanitary sewers on Aubrey Street in the Town of Bracebridge. (Received April 27, 2006) (Referred to Engineering and Finance Departments) 14. THE COUNTY OF PRINCE EDWARD has requested Muskoka s support of a resolution passed by their Council on April 10, 2006 requesting the Provincial and Federal governments to take immediate action to address the current, unprecedented farm income crisis. (Received April 28, 2006)
15. THOMS & CURRIE, Barristers and Solicitors has requested Muskoka s comments regarding an application to stop up, close and sell that part of the original shore road allowance lying in front of Part of Lot 13, Concession 13, McLean Ward, Township of Lake of Bays being Part 2 on Plan 35R-20994. (Mann) (Received April 28, 2006) (Referred to Engineering Department) 16. THE TOWNSHIP OF HAMILTON has requested Muskoka s support of a resolution passed by their Council at their regular meeting held on April 4, 2006 requesting fair and profitable price for Canadian grains for ethanol production. (Received April 28, 2006) 17. THE MINISTRY OF TRANSPORTATION has issued a municipal advisory stating that effective March 31, 2006 Bill 169 made it an offence to disobey a traffic control person s STOP and SLOW sign, incurring fines between $60.00 and $500.00 and penalties of 3 demerit points for this offence. (Received May 1, 2006) (Referred to Finance and Legal Departments) 18. THE MINISTRY OF TRANSPORTATION has written to inform Muskoka of the Ministry s guidelines for displaying Election signs on provincial highway right-of-ways. (Received May 2, 2006) (Referred to Engineering Department) 19. THE CITY OF OWEN SOUND has requested Muskoka s response to a resolution passed by their Council on April 24, 2006 requesting the Federal Government working with the American Government and the appropriate agencies to take immediate action to develop and implement a plan to restore the outflow to historic levels that will allow lake levels to return to the normal level. (Received May 2, 2006) (Referred to Planning Department) 20. THE TOWN OF NEWMARKET has requested Muskoka s support of a resolution passed by their Council on April 24, 2006 asking the Canadian Petroleum Products Institute to review with its members the need to ensure that all gas stations make provision for full service to patrons having special needs and requesting the Province to address the issue of accessibility to gas station service in provincial policies and guidelines pertaining to accessibility needs of Ontarians. (Received May 3, 2006) (Referred to Finance Department) MOTIONS a) Chrysalis Project Moved by S. Aitchison and seconded by F. Coleman 10/2006 THAT The District Municipality of Muskoka shall be and is hereby authorized to enter into an agreement with the Province of Ontario with respect to the project known as the Chrysalis Project in Huntsville (affordable housing), the terms of which are to be satisfactory to the District Solicitor.
Moved by F. Coleman and seconded by A. Fairfield 11/2006 THAT The District Municipality of Muskoka shall be and is hereby authorized to enter into an agreement with Muskoka Womens Advocacy Group to implement the agreement between the Province of Ontario and Muskoka regarding the Chrysalis Project in Huntsville, the terms of which are to be satisfactory to the District Solicitor. BY-LAWS Moved by T. Pilger and seconded by N. Thompson THAT by-laws for first reading be numbered and entitled: 2006-34 Being a by-law to adopt Amendment No. 30 to the Muskoka Official Plan (Private Communal Services and Mobile Home Parks) 2006-35 Being a by-law to accommodate Section 110 of the Municipal Act, 2001 (Chrysalis Project) 2006-36 Being a by-law to amend By-law 2004-9 (Parking Spaces for Disabled Persons Muskoka Road No. 37) 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 2006-34, 2006-35 and 2006-36 be read a second time. Acting District Chair Kennedy requested and received permission for third reading of the bylaws. In response to a question from Councillor Pryke regarding municipal capital facilities and the bylaw under consideration, Mr. Royston advised that the relevant section of the Municipal Act noted that if a project constituted a municipal capital facility a by-law would be required. However, as the Act did not define a municipal capital facility, he suggested it would be beneficial to pass a by-law under Section 110 of the Municipal Act as a precautionary measure. Councillor Colhoun expressed concern that the passage of By-law 2006-34 would preclude the expansion of the Beaver Ridge mobile home park and he suggested that third reading be deferred until further discussion with the owners.
Councillor Pryke commented that she was opposed to the removal of the by-law from the resolution for third reading, noting that she was present at the last Planning & Economic Development Committee meeting and was aware of the liabilities that could accrue to Muskoka if the Official Plan Amendment did not proceed. Councillor Young felt that it would not be fair to give false hope to the owners of the mobile home park by deferring approval of the by-law. Councillor Boivin commented that Muskoka would not want to assume liability of private communal water and sewer infrastructure. Moved by B. Colhoun and seconded by T. Pilger 12/2006 THAT the resolution to give third reading to By-laws 2006-34, 2006-35 and 2006-36 be amended by removing the words 2006-34. Moved by M. Casey and seconded by F. Coleman THAT by-laws read a first and second time and numbered 2006-35 and 2006-36 be read a third time and finally passed. Moved by S. Young and seconded by N. Thompson NEW BUSINESS THAT By-law 2006-34 read a first and second time be read a third time and finally passed. a) Upcoming Contract Awards It was noted that the following contracts would be awarded at the May 17, 2006 meeting of the Engineering & Public Works Committee: i) Tender No. 06-316-297-1 Resurfacing, Muskoka Road #117 ii) Tender No. 06-410-734 Sanitary Sewer Replacement, Aubrey St. Bracebridge iii) Tender No. 06-411-745 Sanitary Sewer Extension, Muskoka Road #18, Gravenhurst iv) Tender No. 06-330-120 Garden Maintenance, Port Carling Locks Park b) Tax Policy Councillor Young apologized for not commenting at the time of discussion of the minutes of the Corporate & Emergency Services Committee with respect to the establishment of
a separate residential waterfront property class, however he wanted to express concern that the resolution may not provide the latitude Muskoka needs to define waterfront property classes beyond what is written in the resolution. He commented that Council might only wish to have the ratios apply only to larger undeveloped properties rather than every one. CONFIRMING BY-LAW Moved by J. Hie and seconded by B. Glennie ADJOURNMENT THAT By-law 2006-37 being a by-law to confirm the proceedings of the Council of The District Municipality of Muskoka at this meeting held on the 15 th day of May, 2006 be amended by the addition of resolutions 10/2006, 11/2006 and 12/2006; AND THAT the by-law, as amended, be read and passed. The meeting adjourned at 8:20 p.m. Moved by B. Glennie and seconded by J. Hie THAT we do now adjourn to meet again on Monday, June 5, 2006 or at the call of the Chair. Acting District Chair District Clerk