THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES - COUNCIL MEETING Tuesday, January 18, 2011

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1 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES - COUNCIL MEETING Tuesday, January 18, 2011 A Regular Meeting of Council was held on Tuesday, January 18, 2011, at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario. PRESENT: OFFICIALS PRESENT: Mayor Alice Murphy W. Schmid - CAO C. Mortimer - Clerk COUNCILLORS: R. Jeffries - Clerk s Assistant L. Forbes - Planning Assistant Ruth-Ellen Nishikawa S. Fahner - Director of Planning Brad Burgess D. Pink - Senior Planner Bob McTavish L. Saumur - Manager of Parks, Recreation and Facilities Allen Edwards L. Troup - Public Works Superintendent Donald Furniss N. Donald - Development Services Coordinator Gault McTaggart Phil Harding Jean-Ann Baranik Ron Brent 1. Call to Order a. Mayor Murphy called the meeting to order at 9:02 am. 2. Adoption of Agenda a. Consideration of a resolution to adopt the agenda as amended. Resolution Number C-1-18/01/11 Councillor Brent Councillor Nishikawa: Be it resolved that the Council meeting agenda dated January 18, 2011 be adopted as amended to remove items 5.c. and 10.a. Consolidated Financial Statements and Auditors Report. 3. Disclosure of Interest a. Mayor Murphy, in regard to the December 2010 meetings, advised that she has obtained two independent legal opinions advising that she has no disqualifying interests under the Municipal Conflict of Interest Act that would require her to not participate and vote on any discussion or resolution regarding the Bala Falls Project. COUNCIL MINUTES January 18, 2011 PAGE # 1

2 b. Councillor Furniss disclosed an indirect pecuniary interest with respect to items 5.d., 5.e., 9.a.9. and 9.a.10. regarding the Bala Falls Project based on his directorship with a company that has done business with the proponent of the project. c. Councillor Brent advised he obtained legal counsel regarding a potential conflict relating to the Bala Falls Project. Councillor Brent stated that he will not be doing business with respect to the project therefore he does not have a conflict. d. Councillor Burgess advised he received legal counsel and he does not have a conflict regarding the Bala Falls Project. e. Councillors Furniss, Brent, McTaggart, Harding and Mayor Murphy indicated that they are current members of the Muskoka Lakes Association (MLA) but do not believe to have a conflict with respect to item 5.a Proposed Port Carling Boundary Expansion. Councillor Harding also noted that he was a former director of the MLA. 4. Receipt/Adoption of Minutes a. Consideration of a resolution to adopt the Special Council Meeting minutes held on December 9, Resolution Number C-2-18/01/11 Councillor Brent Councillor Nishikawa: Be it resolved that the Special Council Meeting minutes held on December 9, 2010 be adopted. b. Consideration of a resolution to adopt the Special Council Meeting minutes held on December 10, Resolution Number C-3-18/01/11 Councillor Brent Councillor Nishikawa: Be it resolved that the Special Council Meeting minutes held on December 10, 2010 be adopted. c. Consideration of a resolution to adopt the Council Meeting minutes held on December 14, COUNCIL MINUTES January 18, 2011 PAGE # 2

3 Resolution Number C-4-18/01/11 Councillor Harding Councillor Baranik: Be it resolved that the Council Meeting minutes held on December 14, 2010 be adopted. d. Consideration of a resolution to receive the draft Committee of the Whole Meeting minutes held on December 15, Resolution Number C-5-18/01/11 Councillor Baranik Councillor Harding: Be it resolved that the draft Committee of the Whole Meeting minutes held on December 15, 2010 be received. 5. Delegations and Petitions a. Delegations attended at 9:40 a.m. Re: Proposed Port Carling Boundary Expansion, as follows; Prior to the delegations being heard Mr. Fahner provided a chronological history of the Ontario Municipal Board (OMB) Hearing related to Official Plan Amendment #40 and the proposed boundary expansion. He noted the OMB Hearing on this matter was to resume on January 24, 2011 at 12:00 p.m. 1. Rick Spence, President, Friends of Port Carling Inc., attended the meeting. Mr. Spence provided a brief background of the Friends of Port Carling Inc. and noted they have raised a substantial amount of funds to defend their appeal to the OMB. Mr. Spence outlined the group s specific concerns and objections to the boundary expansion. He urged Councillors to attend the resumption of the OMB Hearing. Mr. Fahner indicated Mr. Spence was giving evidence and felt it was not appropriate as the matter was still before the OMB. Council agreed to permit Mr. Spence to continue, however, Council did not make comment. Mr. Spence indicated they did not agree with the findings in the C.N. Watson report and felt there are plenty of available lands for development within the existing boundary. COUNCIL MINUTES January 18, 2011 PAGE # 3

4 2. Leo Longo, Aird & Berlis, did not attend the meeting. 3. Margaret Walton, agent, Planscape, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Walton provided a brief presentation regarding the proposed Port Carling Boundary Expansion, a copy of which is attached. She requested that Council await the OMB hearing decision prior to commenting on the matter. b. Delegations attended at 10:00 a.m. Re: Item 9.a.1., Senior Management Team Reports, Oliver Property / Pennwood Road, as follows; 1. Margaret Walton, agent, Planscape, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Walton explained that her firm has been retained by Mr. Oliver, for planning matters in this regard. Ms. Walton requested the matter be deferred until April as Mr. Oliver was away. 2. Kevin Ruttan, 1036 Pennwood Road, Port Carling, ON, P0B 1J0, attended the meeting. Mr. Ruttan circulated photographs, copies of which are attached. Mr. Ruttan indicated he was in contact with the Ministry of Environment regarding this matter and noted the Ministry is in the process of investigating it. Mr. Ruttan questioned what Mr. Oliver s future plans were for the property. c. Grant Thornton, Auditor, did not attend the meeting Re: 2009 Consolidated Financial Statements and Auditors Report. This item was removed from the agenda. Please refer to item 2.a. d. Jeff Mole, Bala Energy Cooperative Inc., attended at 10:20 a.m. Re: Not-for-Profit Power Generation in Ontario. Councillor Furniss had disclosed an indirect pecuniary interest with respect to the Bala Falls Project (refer to item 3.b.) and left the Council table for this item. Due to the significant community interest, it was the consensus of Council to extend the 5 minute delegation time limit regarding the Bala Falls Project. Mr. Mole reviewed his presentation regarding not-for-profit electricity in Ontario, a copy of which is attached. Mr. Mole requested Council to create a Community Power Public Advisory Committee. He also requested support for a Community Energy Partnership Program study. Council directed staff to consider benefits to the Township and report back to Council in this regard. COUNCIL MINUTES January 18, 2011 PAGE # 4

5 e. Delegations attended at 11:10 a.m. Re: Bala Falls Project, as follows; Councillor Furniss had disclosed an indirect pecuniary interest with respect to the Bala Falls Project (refer to item 3.b.) and left the Council table for this item. In response to Karen McGhee, Council held a brief discussion regarding video recording at meetings and agreed that media could video record however a private recording would not be allowed without permission from the delegation. 1. Karen McGhee, Swift River Energy Limited (SREL) (11:10 a.m.) Karen McGhee reviewed her PowerPoint presentation, a copy of which is attached. She encouraged Council to review the presentation and to visit the project website for further information. She indicated that with the environmental screening process coming to an end, and the Ministry of Environment (MOE) decision being expected soon, that the debate over Option 1 VS Option 2 cannot continue indefinitely. She noted that Option 2 was the superior plan for the site. Ms. McGhee clarified that Option 1 has been redesigned to fit the complete structure on Crown Land with an increased turbine size to allow 4.2 mega watts, an increase from 3.7 mega watts. She noted that a report is forthcoming from the Ministry of Natural Resources (MNR) addressing safety concerns in this area. The MNR will also be making changes to the location of the boom. Ms. McGhee addressed many questions and concerns for Council relating to the waterpower process, power supply and transportation, construction staging areas, landscaping, turbine sizes and location, a four season bridge, and details related to Option 1 VS Option 2. In response to Council, Ms. McGhee agreed to provide additional drawings for the project to Council. 2. Mike Webb (1:18 p.m.) Mr. Webb provided a presentation to Council, a copy of which is attached. He advised of his support for Option 2. He felt that it is the right choice for the future and that the water flow will be better managed. This is a green energy initiative and he suggested that the opportunity should be seized. Mr. Webb noted that he is a member of the Scenic Flow Committee for the project. COUNCIL MINUTES January 18, 2011 PAGE # 5

6 3. Sandy Currie, Moon River Property Owner s Association (1:25 p.m.) Mr. Currie reviewed his presentation to Council, a copy of which is attached. Mr. Currie requested Council to obtain ownership of all District lands on Burgess Island, create a community committee to oversee the rehabilitation of the property, undertake the designation of Burgess Island as a Cultural Heritage Landscape and pass a motion requesting Premier McGuinty to cancel the decision to permit the construction of a hydro-electric generating facility. 4. Bill Purkis, Purks Place (1:36 p.m.) Mr. Purkis reviewed his presentation to Council, a copy of which is attached. He indicated that he would be submitting three documents to Council being a petition opposing the hydro plant, a petition asking for the designation of Bala Falls landscape as Heritage and an award from the Architectural Conservancy of Ontario. Mr. Purkis requested Council to form a fact finding committee with representation from Ward A Councillors and community based organizations. He also expressed concern regarding the fencing around the Trash Rack and removal process. 5. Patricia Gidley (1:54 p.m.) Ms. Gidley presented her concerns to Council, a copy of which is attached. She advised she is a member of the Scenic Flow Committee for the project and hopes that they will continue to meet to complete their mandate. Ms. Gidley reviewed points from the Township s Official Plan and requested Council to ensure that future generations will enjoy all the assets and features of the Bala Falls. 6. Mitchell Shnier, SaveTheBalaFalls (2:00 p.m.) Mr. Shnier reviewed his PowerPoint presentation, a copy of which is attached. He outlined what he felt was conflicting information regarding the Bala Falls Project and noted that more detail is required. He also questioned possible noise level issues. In response to Council, Ms. McGhee advised she would be able to attend a town hall meeting to respond to community questions, if written questions were provided in advance of the meeting in order to prepare responses. COUNCIL MINUTES January 18, 2011 PAGE # 6

7 7. Dave Weismiller, Weismiller Lumber (2:45 p.m.) Mr. Weismiller reviewed his presentation, a copy of which is attached. From a business perspective, he expressed concern regarding traffic flow during construction and the negative economic impact it could have on local businesses. He also commented on the negative impact the project could have on tourism in Bala. 8. Donelda Kruckel, Walker s Point Citizens Group 6. Business Arising from the Minutes Ms. Kruckel submitted a copy of her presentation to the Clerk, a copy of which is attached, as she was unable to remain at the meeting due to a prior commitment. a. Report from the Clerk Re: Action items from Committee Meetings. A copy of the report is attached. 7. Public Meetings Resolution Number: C-11-18/01/11 Councillor Baranik Councillor Harding: Be it resolved that the following recommendations be enacted for action: December 15, 2010 Committee of the Whole meeting recommendations 5 to 14. a. Other Public Meetings 1. None. b. Zoning Amendment Applications (in conjunction with Previously Heard Consent Applications) 1. None. c. Zoning Amendment Applications 1. By-law , ZBA-38/10, Walker, Part of Lot 26, Concession 10, (Monck) Part 1 on Plan RD37, Part 2 on Plan 35R-20504, Roll # COUNCIL MINUTES January 18, 2011 PAGE # 7

8 8. By-laws Mr. Pink explained the history, nature, and location of the application / property. Submissions were received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Pink read the letter, a copy of which is attached. Ms. Tracy Stewart, agent, Royal LePage, 1 Lock St., Port Carling, ON, P0B 1J0, attended the meeting. Ms. Stewart indicated she was available to answer questions. No one attended in support of or in opposition to the application. Council had no questions. 2. By-law , ZBA-31/10, Ontario Inc., Governors Island, Lake Joseph, (Medora) Part 2 on Plan 35R-20580, Roll # Mr. Pink explained the history, nature, and location of the application / property. Submissions were received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Pink read the letter, a copy of which is attached. Mr. Terry Martino, agent, Gren Weis Architect & Associates, 341 Kerr Street, Oakville, ON, L6K 3B7, attended the meeting. Mr. Martino agreed to enhanced site plan control as per the District of Muskoka s comments. He circulated sketches of various construction mitigation measures that would be in place during construction. Mr. Martino explained the addition to cabin #6 was a modest addition to make the interior symmetrical. He indicated he was available to answer questions. No one attended in support of or in opposition to the application. In response to Council s question Mr. Pink indicated Official Plan policy F states that due to carefully planned origins of certain provisions of the zoning by-law, exemptions may not be granted for oversized sleeping cabins. He noted this was a result of the Ontario Municipal Board Decision for Comprehensive Zoning By-law Therefore, staff does not support this type of request. a. By-law , Walker, Part of Lot 26, Concession 10, (Monck), Part 1 on Plan RD37, Part 2 on Plan 35R-20504, Roll # COUNCIL MINUTES January 18, 2011 PAGE # 8

9 Resolution Number C-6-18/01/11 Councillor Baranik Councillor Harding: Be it resolved that By-law , to amend Comprehensive Zoning By-law 87-87, as amended, (Walker, Roll # ), be read a first and second time. Resolution Number C-7-18/01/11 Councillor Baranik Councillor Harding: Be it resolved that By-law , (Walker) be read a third time and finally passed. b. By-law , Ontario Inc., Governors Island, Lake Joseph, (Medora), Part 2 on Plan 35R-20580, Roll # Resolution Number C-8-18/01/11 Councillor Edwards Councillor McTavish: Be it resolved that By-law , to amend Comprehensive Zoning By-law 87-87, as amended, ( Ontario Inc., Roll # ), be read a first and second time. In response to Council s questions, Mr. Pink indicated the proposed rubble wall would be backfilled with soil for plantings. He noted this area is all rock, and the backfilled wall would allow for plantings. Council held a brief discussion and agreed the proposed development was minor. Resolution Number C-9-18/01/11 Councillor Edwards Councillor McTavish: Be it resolved that By-law , ( Ontario Inc.) be read a third time and finally passed. c. By-law , by-law to amend By-law , to designate lands described as Part of Lot 23, Concession 20, Parcel 2705, (Wood), as being subject to Site Plan Control (Richenback, Roll # ) (Condition of Consent) - COUNCIL MINUTES January 18, 2011 PAGE # 9

10 By-law , a by-law to amend By-law , to designate lands described as Part of Lot 23, Concession 20, Parcel 2722, (Wood), as being subject to Site Plan Control (Richenback, Roll # ) (Condition of Consent) - By-law , a by-law to amend By-law , to designate lands described as Governors Island, Lake Joseph, Part 2 on Plan 35R-20580, (Medora), as being subject to Enhanced Site Plan Control ( Ontario Inc., Roll # ) (Refer to item 7.c.2., By-law ) Resolution Number C-10-18/01/11 Councillor Edwards Councillor McTavish: Be it resolved that the following bylaws be read a first, second and third time and finally passed. By-law , to amend By-law , to designate lands as being subject to Site Plan Control. (Richenback, Roll # ) By-law , to amend By-law , to designate lands as being subject to Site Plan Control. (Richenback, Roll # ) By-law , to amend By-law , to designate lands as being subject to Enhanced Site Plan Control. ( Ontario Inc., Roll # ) d. By-law , interest on arrears of taxes - By-law , penalty charge for nonpayment of current taxes - By-law , interim levy - By-law , borrowing bylaw Resolution Number C-14-18/01/11 Councillor McTavish Councillor Edwards: Be it resolved that the following bylaws be read a first, second and third time and finally passed. By-law , to establish rates of interest on all arrears of taxes. By-law , to establish a penalty charge for non-payment of current taxes. By-law , to provide for an interim levy. By-law , to borrow funds, if necessary, to meet current expenditures for COUNCIL MINUTES January 18, 2011 PAGE # 10

11 e. By-law , License Agreement, McNair (Refer to item 9.a.2. Report) - By-law , License Agreement, Hilliard (Refer to item 9.a.3 Report) - By-law , temporary road closing, Bailey Street for the Port Carling Winterfest (Refer to item 9.a.4 Report). Resolution Number C-12-18/01/11 Councillor McTavish Councillor Edwards: Be it resolved that the following bylaws be read a first, second and third time and finally passed. By-law , to authorize the Mayor and Clerk to execute and affix the Corporate Seal to a License Agreement (McNair, Roll # ). By-law , to authorize the Mayor and Clerk to execute and affix the Corporate Seal to a License Agreement (Hilliard, Roll # ). By-law , to authorize the temporary closing of a portion of Bailey Street for the Port Carling Winterfest. f. By-law , Fence Viewers (Refer to item 9.a.6. Report) - By-law , Property Standards Committee (Refer to item 9.a.6. Report) - By-law , Public Library Board (Refer to item 9.a.6. Report) Resolution Number C-13-18/01/11 Councillor Burgess Councillor Furniss: Be it resolved that the following by-laws be read a first, second and third time and finally passed. By-law , to appoint Fence Viewers for the Township of Muskoka Lakes. By-law , to appoint a Property Standards Committee for the Township of Muskoka Lakes. By-law , to appoint a Public Library Board for the Township of Muskoka Lakes. 9. Senior Management Team Reports and Tenders a. Senior Management Team Reports COUNCIL MINUTES January 18, 2011 PAGE # 11

12 1. Report from the Public Works Superintendent Re: Oliver Property / Penwood Road. A copy of the report is attached. (Refer to item 5.b., Delegations and Petitions) Mr. Troup highlighted his report and noted the Ministry of Environment (MOE) has jurisdiction regarding the fill deposited on site. The MOE has contacted the Township for background information as they are investigating the matter. In response to Council s question, Mr. Troup indicated clean fill was placed on the property by the municipality until the passage of the Township s Site Alteration By-law in July, Mr. Troup noted all filling of the property by the municipality ceased at that time. Mr. Oliver then blocked the access to the property. 2. Report from the Clerk Re: License Agreement (McNair) By-law A copy of the report is attached. Refer to item 8.e., By-laws. The Clerk reviewed the report and explained the License Agreement process. 3. Report from the Clerk Re: License Agreement (Hilliard) By-law A copy of the report is attached. Refer to item 8.e., By-laws. The Clerk reviewed the report for Council. 4. Report from the Clerk Re: 2011 Port Carling Winterfest Temporary Road Closure By-law A copy of the report is attached. Refer to item 8.e., By-laws. The Clerk reviewed the report for Council indicating that Port Carling Winterfest is an annual event. 5. Report from the Manager of Parks, Recreation and Facilities Re: Port Carling Winterfest Facility Use. A copy of the report is attached. Mayor Murphy left the Council Chambers at 3:12 p.m. and Deputy Mayor Edwards assumed the Chair. The Manager of Parks, Recreation and Facilities highlighted the report for Council. COUNCIL MINUTES January 18, 2011 PAGE # 12

13 Resolution Number C-16-18/01/11 Councillor Furniss Councillor Burgess: Be it resolved that Township Council for purposes of the Lions Club of Port Carling Winterfest to be held on February 4 th, 5 th, and 6 th, 2011, permit the requested items with provisions as set out in the staff report dated January 18th, Report from the Clerk Re: Appointments to Committees, By-law , By-law , By-law A copy of this report is attached. Refer to item 8.f., By-laws. The Clerk reviewed the report for Council. 7. Report from the Manager of Parks, Recreation and Facilities Re: Port Carling Communities in Bloom - The Circle of Excellence. A copy of the report is attached. The Manager of Parks, Recreation and Facilities reviewed the staff report. Mayor Murphy returned at 3:22 p.m. and assumed the Chair and Deputy Mayor Edwards returned to the Council Table. After a brief discussion, Council amended the resolution to register the Township of Muskoka Lakes as a whole in the 2011 National Edition of Communities in Bloom. Resolution Number C-17-18/01/11 Councillor Burgess Councillor Furniss: Be it resolved that Township Council authorize the registration of the Township of Muskoka Lakes Communities in Bloom into the 2011 National Edition of the Communities in Bloom Circle of Excellence non-competitive category. 8. Report from the Manager of Parks, Recreation and Facilities Re: 2011 Doors Open. A copy of the report is attached. The Manager of Parks, Recreation and Facilities highlighted the report noting the 2011 Doors Open will be held at two municipal facilities in Windermere being the Windermere Community Centre and the Windermere Village Hall. COUNCIL MINUTES January 18, 2011 PAGE # 13

14 Resolution Number C-18-18/01/11 Councillor McTaggart Councillor Burgess: Be it resolved that Township Council ratify and confirm the proposal of Doors Open, Muskoka Branch, for various events to be hosted in Windermere on Saturday, June 25, 2011, and the Mayor and Clerk s endorsement of same on January 12, Report from CAO Re: Bala Falls Project Update. A copy of the report is attached. Councillor Furniss had disclosed an indirect pecuniary interest with respect to the Bala Falls Project (refer to item 3.b.) and left the Council table for this item. The CAO provided the Bala Falls Project Update report for Council s information. Council directed staff to prepare a report on the questions raised at Council today. 10. Report from the CAO Re: SREL Bala Economic Impact Study. A copy of the report is attached. Councillor Furniss had disclosed an indirect pecuniary interest with respect to the Bala Falls Project (refer to item 3.b.) and left the Council table for this item. The CAO reviewed the report for Council. Resolution Number C-15-18/01/11 Councillor McTaggart Councillor Burgess: Be it resolved that Township Council receive the Staff Report entitled, Swift River Energy Limited, C4SE Economic Impact Study of the North Bala Falls Small Hydro Project; and That Township Council direct staff to proceed with a Peer Review of the C4SE Economic Impact Study; AND FURTHER THAT Watson Associates be hired to conduct the Peer Review at an estimated cost of $6,000 to $7,000, plus HST and that these funds be included in the 2011 budget. COUNCIL MINUTES January 18, 2011 PAGE # 14

15 11. Report from Manager Parks, Recreation and Facilities Re: Port Carling Arena Header Piping Replacement. A copy of the report is attached. b. Tenders 1. None. 10. New and Unfinished Business The Chief Building Official and the CAO advised that the header piping at the Port Carling Arena has developed a leak and outlined the three options available to resolve the issue as indicated in the staff report. After a lengthy discussion, Council directed staff to clarify some of the details and report back at the January 19, 2011 Committee of the Whole meeting. Staff was also directed to consult with Councillor Edwards on this matter. a. Consideration of a resolution to approve the 2009 Consolidated Financial Statements and Auditors Report. This item was removed from the agenda. Please refer to item 2.a. 11. Future Meeting Schedule a. Committee of the Whole A meeting will be held on Wednesday, January 19, 2011 at 9:00 a.m. b. Committee of Adjustment A meeting will be held on Friday, February 18, 2010 at 1:00 p.m. 12. Council in Closed Session a. Closed Session was held to discuss litigation matters pursuant to Section 239(2) of the Municipal Act, Resolution Number C-19-18/01/11 Councillor Furniss Councillor Burgess: Be it resolved that Closed Session be held for litigation matters pursuant to Section 239(2) of the Municipal Act, Councillor Brent left Closed Session at 4:15 p.m. and returned at 4:20 p.m. COUNCIL MINUTES January 18, 2011 PAGE # 15

16 Resolution Number C-20-18/01/11 Councillor Burgess Councillor Furniss: Be it resolved that Closed Session reconvene as Council to report on matters discussed under Closed Session. 13. Confirming By-law There was no report to Council resulting from Closed Session. a. Consideration of a by-law to confirm the proceedings of Council. 14. Adjournment Resolution Number C-21-18/01/11 Councillor Burgess Councillor Furniss: Be it resolved that By-law , to confirm the January 18, 2011 proceedings of Council be read a first, second and third time and finally passed. a. Consideration of a resolution to adjourn. Resolution Number C-22-18/01/11 Councillor Burgess Councillor Furniss: Be it resolved that Council adjourn at 4:40 p.m. and the next regular meeting of Council will be held on Monday, February 21, 2011 at 10:00 a.m. in the Council Chambers Municipal Offices in Port Carling, Ontario. Mayor Alice Murphy Cheryl Mortimer - Clerk Deputy Mayor Allen Edwards COUNCIL MINUTES January 18, 2011 PAGE # 16

17 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES SPECIAL COUNCIL ORIENTATION MEETING Friday, January 21, 2011 A Special Council Orientation Meeting was held on Friday, January 21, 2011, at 10:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario. PRESENT: OFFICIALS PRESENT: Mayor Alice Murphy W. Schmid - CAO C. Mortimer - Clerk COUNCILLORS: N. Donald - Development Services Coordinator S. Bos - Building Inspection/Septic System Inspector Ron Brent J. Stevens - Treasurer Jean-Ann Baranik R. Hayes - Fire Chief Bob McTavish J. Schneider - Assistant Chief Allen Edwards, 1:20 pm L. Saumur - Manager of Parks, Recreation and Facilities Donald Furniss, 3:10 pm L. Troup - Public Works Superintendent Gault McTaggart Phil Harding REGRETS: Ruth Nishikawa Brad Burgess 1. Call to Order a. Mayor Murphy called the meeting to order at 10:05 a.m. 2. Adoption of Agenda a. Consideration of a resolution to adopt the agenda as amended. Resolution Number SC-1-21/01/11 Councillor McTaggart Councillor Furniss: Be it resolved that the Special Council agenda dated January 21, 2011 be adopted as amended to add items: - 5.a. Discussion and consideration Re: Outdoor Rink at Hanna Park. - 5.b. Report from the CAO Re: Attendance at ROMA / OGRA Conference. - 6.a. Closed Session for litigation matters. SPECIAL COUNCIL ORIENTATION MINUTES January 21, 2011 PAGE # 1

18 3. Disclosure of Interest a. Refer to item 5.b., Report from the CAO Re: Attendance at ROMA / OGRA Conference. 4. Delegations and Petitions a. Administration Council Orientation Presentations 1. CAO Walt Schmid The CAO provided an orientation presentation regarding the office of the CAO, Council Staff relations and a general overview of the Township. A copy of the presentation is attached. Mayor Murphy requested Council to review the Township s Strategic Plan and provide her with feedback and comments to move forward. 2. Development Services Neil Donald The Development Services Coordinator provided an orientation presentation regarding Building Services and By-law Enforcement. A copy of the presentation is attached. Sandy Bos, Building Inspection/Septic System Inspector, provided a presentation regarding the Township s Septic System Re-inspection Program. A copy of the presentation is attached. 3. Treasurer Julie Stevens The Treasurer provided an orientation presentation regarding the Treasury Department functions, including budget, taxation and finance reporting. A copy of the presentation is attached. In response to the Treasurer, Council discussed the proposed budget schedule timeline and directed that the draft budget be prepared with the inclusion of the consumer price index. 4. Fire and Emergency Services Richard Hayes Mayor Murphy left the Council Chambers at 1:20 p.m. and Deputy Mayor Edwards assumed the Chair. Mayor Murphy returned at 1:30 p.m. and assumed the Chair and Deputy Mayor Edwards returned to the Council Table. SPECIAL COUNCIL ORIENTATION MINUTES January 21, 2011 PAGE # 2

19 5. Items of Business The Fire Chief and Assistant Chief provided an orientation presentation regarding the Fire Department and Emergency Management. A copy of the presentation is attached. Mayor Murphy left the Council Chambers at 1:45 p.m. and Deputy Mayor Edwards assumed the Chair. Councillor Baranik left the Council Chambers at 1:45 p.m. and returned at 2:13 p.m. Mayor Murphy returned at 1:55 p.m. and assumed the Chair and Deputy Mayor Edwards returned to the Council Table. Councillor McTaggart left the Council Chambers at 1:55 p.m. and returned at 2:10 p.m. 5. Parks and Recreation Lise Saumur Time item was deferred to the next Council Orientation Session. 6. Clerk s Office Cheryl Mortimer This item was deferred to the next Council Orientation Session. 7. Public Works and Cemeteries Leonard Troup This item was deferred to the next Council Orientation Session. a. Discussion and Consideration Re: Outdoor Rink at Hanna Park. Councillor Baranik informed Council of an inquiry received to construct an outdoor rink at Hanna Park, Port Carling. Following a lengthy discussion, the following motion was considered. Resolution Number SC-3-21/01/11 Councillor Harding Councillor Baranik: Be it resolved that Township Council authorize an outdoor rink at Hanna Park, Port Carling for the 2011 Winter Season subject to confirmation of insurance coverage and coordination of volunteers. SPECIAL COUNCIL ORIENTATION MINUTES January 21, 2011 PAGE # 3

20 b. Report from the CAO Re: Attendance at ROMA / OGRA Conference. A copy of the report is attached. Resolution Number SC-2-21/01/11 Councillor McTaggart Councillor Furniss: Be it resolved that the Township of Muskoka Lakes Council approve the attendance of Mayor Alice Murphy and Councillor Ron Brent to the 2011 ROMA/OGRA Conference. Councillor Furniss disclosed an indirect pecuniary interest with respect to the following discussion regarding the Bala Falls Project based on his directorship with a company that has done business with the proponent of the project. He left the meeting at 3:10 p.m. Mayor Murphy sought direction and support from Council to dialogue with Ministers of Provincial Parliament with regard to Provincial Policy as it relates to the Bala Falls Project. It was the consensus of Council for the Mayor to dialogue and seek clarity in this regard and report back. 6. Council in Closed Session a. Council in Closed Session was held to discuss litigation matters pursuant to Section 239(2) of the Municipal Act, Resolution Number SC-4-21/01/11 Councillor McTaggart Councillor Furniss: Be it resolved that Closed Session be held for litigation matters pursuant to Section 239(2) of the Municipal Act, Resolution Number: SC-5-21/01/11 Councillor Baranik Councillor Harding: Be it resolved that Closed Session reconvene as Council to report on matters discussed under Closed Session. There was no report to Council following closed session. SPECIAL COUNCIL ORIENTATION MINUTES January 21, 2011 PAGE # 4

21 7. Confirming By-law a. Consideration of a by-law to confirm the proceedings of Special Council. 8. Adjournment Resolution Number SC-6-21/01/11 Councillor Baranik Councillor Harding: Be it resolved that By-law , to confirm the January 21, 2011 proceedings of Council be read a first, second and third time and finally passed. a. Consideration of a resolution to adjourn. Resolution Number SC-7-21/01/11 Councillor McTavish Councillor McTaggart: Be it resolved that this meeting adjourn at 3:17 p.m. Mayor Alice Murphy Cheryl Mortimer - Clerk Deputy Mayor Allen Edwards SPECIAL COUNCIL ORIENTATION MINUTES January 21, 2011 PAGE # 5

22 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES - COUNCIL MEETING Tuesday, February 22, 2011 A Regular Meeting of Council was held on Tuesday, February 22, 2011, at 8:30 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario. PRESENT: OFFICIALS PRESENT: Mayor Alice Murphy W. Schmid - CAO C. Mortimer - Clerk COUNCILLORS: R. Jeffries - Clerk s Assistant L. Forbes - Planning Assistant Ruth-Ellen Nishikawa S. Fahner - Director of Planning Brad Burgess D. Pink - Senior Planner Bob McTavish M. Ellis - Planner Allen Edwards J. Stevens - Treasurer Donald Furniss R. Hayes - Fire Chief Gault McTaggart Phil Harding Jean-Ann Baranik Ron Brent (arrived at 8:37 a.m.) 1. Call to Order a. Mayor Murphy called the meeting to order at 8:35 a.m. 2. Adoption of Agenda a. Consideration of a resolution to adopt the agenda. Resolution Number C-1-22/02/11 Councillor Harding Councillor McTavish: Be it resolved that the Council meeting agenda dated February 22, 2011 be adopted. Councillor Brent arrived at 8:37 a.m. 3. Disclosure of Interest a. Councillor Burgess disclosed a pecuniary interest with respect to items 7.b.1. and 8.a., regarding Ontario Inc. as he works for the corporation. COUNCIL MINUTES February 22, 2011 PAGE # 1

23 b. Councillor Furniss had disclosed an indirect pecuniary interest at the January 19, 2011 Committee of the Whole in Closed Session meeting (litigation matter). 4. Receipt/Adoption of Minutes a. Consideration of a resolution to adopt the Council Meeting minutes held on January 18, Resolution Number C-2-22/02/11 Councillor McTavish Councillor Harding: Be it resolved that the Council Meeting minutes held on January 18, 2011 be adopted. b. Consideration of a resolution to receive the draft Committee of the Whole Meeting minutes held on January 19, Resolution Number C-3-22/02/11 Councillor McTavish Councillor Harding: Be it resolved that the draft Committee of the Whole Meeting minutes held on January 19, 2011 be received. c. Consideration of a resolution to adopt the Special Council Orientation Meeting minutes held on January 21, Resolution Number C-4-22/02/11 Councillor Harding Councillor Baranik: Be it resolved that the Special Council Orientation Meeting minutes held on January 21, 2011 be adopted. 5. Delegations and Petitions a. Michael Bunn, CA, Grant Thornton attended at 10:28 a.m. Re: 2009 Consolidated Financial Statements and Auditors Report. COUNCIL MINUTES February 22, 2011 PAGE # 2

24 Mr. Bunn presented the report regarding the Audit of the consolidated financial statements for the year ending December 31, The report included Audit results, management representation letter, internal control letter and new accounting policies. It is their opinion that the financial statements present fairly the financial position of the Township as at December 31, b. Delegations attended at 10:42 a.m. Re: Bala Falls Project as follows: 1. Karen McGhee, Swift River Energy Limited Ms. McGhee highlighted her PowerPoint Presentation providing an update on the Bala Falls Project, a copy of which is attached. She noted that SREL has been diligent in answering all questions. She reviewed renderings, drawings and photos of both options. She noted that the trash racks/intake would be submerged. She agreed to provide answers to questions given in writing in advance of a Council meeting. Councillor Furniss disclosed an indirect pecuniary interest regarding the Bala Falls Project based on his directorship with a company that has done business with the proponent of the project and left the Council table at 11:08 a.m. Council questioned whether the Province had issued a decision regarding the Environmental Assessment process. Ms. McGhee stated that there has been no decision made by the Ministry of Environment. Council questioned the recent Land Lease Agreement proposal for Township land in addition to District land. After a lengthy discussion on this matter, Mayor Murphy requested a copy of all documentation pertaining to the License of Occupation submitted to the District of Muskoka as noted on page 5 of the powerpoint presentation. Council also requested the most up-to-date detailed drawings. Mayor Murphy noted that a Staff report regarding the Bala Falls Project will be presented at the February 24, 2011 Special Committee of the Whole meeting. 2. Mitchell Shnier, SaveTheBalaFalls (delegated at 11:28 a.m.) Mr. Shnier reviewed his PowerPoint presentation and photographs outlining land and its ownership surrounding the project, a copy of which is attached. He questioned what land would be under control of the proponent for the proposed 40 year lease. He also questioned what the proponent s plans are for these lands, what the zoning is on the lands and if there are any liability issues. COUNCIL MINUTES February 22, 2011 PAGE # 3

25 3. Sandy Currie, Moon River Property Owners Association (delegated at 11:45 a.m.) Mr. Currie reviewed his PowerPoint presentation, a copy of which is attached, and brought forth the following 3 motions for Council s consideration: Motion Request 1 A resolution by Council, to file a Corporate Application to Review the proposed North Bala Falls Small Hydro Plant Project, in accordance with the SEV of the Ministry of Culture, by the Environmental Commissioner of Ontario in accordance with his authority under the Environmental Bill of Rights. Motion Request 2: A resolution by Council, to request The Ministry of Tourism to conduct an examination of the North Bala Falls Small Hydro Project to ensure its compliance with the SEV of the Ministry of Tourism. Motion Request 3: A resolution by Council, to designate, under the Ontario Heritage Act, R.S.O. 1990, the following property as a Heritage Landscape District: All property on Burgess Island in Bala. The property adjacent to Bala United Church in Bala. Councillor Furniss returned to the Council table at 11:55 a.m. 6. Business Arising from the Minutes a. Report from the Clerk Re: Action items from Committee of the Whole. A copy of the report is attached. The Clerk clarified that action item #7 has been removed from the motion in light of recent correspondence received regarding the OKA Road. The OKA Road Snowmobile Trail request will be discussed at the February 22, 2011Committee of the Whole meeting. Resolution Number: C-5-22/02/11 Councillor Baranik Councillor Harding: Be it resolved that the following recommendations be enacted for action: - January 19, 2011 Committee of the Whole meeting recommendations 2, 4 to 6, and 8 to 18. COUNCIL MINUTES February 22, 2011 PAGE # 4

26 7. Public Meetings a. Other Public Meetings 1. None. b. Zoning Amendment Applications (in conjunction with Previously Heard Consent Applications) Councillor Burgess had disclosed a pecuniary interest (refer to item 3.a.) and left the Council table at 8:44 a.m. 1. By-law , ZBA-40/10, Ontario Inc., Part Lot 117 on Plan 19, Part Lots 134 & 135 on Plan 21, Part 2 on Plan 35R-4471, (Medora), Roll # Concurrent with Consent Application B/71/10/ML Mr. Ellis explained the history, nature, and location of the application / property. Mr. Ellis noted the application was adjourned by Committee of Adjustment on February 18, Submissions were received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Ellis read the letter, a copy of which is attached. ii) Letter from Andrea Smith-Parry. Mr. Ellis read the letter, a copy of which is attached. Mr. Anthony Cocomile, agent, 1083 River Street, P.O. Box 752, Bala, ON, P0C 1A0, attended the meeting. Mr. Cocomile indicated he could amend the lot lines on the severance to comply with the lot area requirements of the zoning by-law. He would then not require an amendment to the zoning by-law. Mr. Fahner explained Committee of Adjustment is the approval body for any amendments to lot line configurations. He noted there is an old by-law that would need to be rescinded. He explained this by-law amendment should be deferred until Committee of Adjustment makes a decision on the Consent application. No one attended in support of or in opposition to the application. Council had no questions. Councillor Burgess returned to the Council table at 8:50 a.m. COUNCIL MINUTES February 22, 2011 PAGE # 5

27 2. By-law , ZBA-41/10, Upjohn, Lot 5, Concession 7, (Monck), Roll # Concurrent with Consent Application B/72/10/ML Mr. Ellis explained the history, nature, and location of the application / property. Submissions were received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Pink read the letter, a copy of which is attached. Ms. Allyn Abbott, president, Heritage Trust Foundation, 11b Taylor Road, P1L 1T8, attended the meeting. Ms. Abbott explained the land would be held in trust to remain in its natural state. The lands have been deemed ecologically significant by the Province of Ontario. She noted a century old stone house located on the retained portion of the property is legal non-conforming. No one attended in support of or in opposition to the application. Council had no questions. c. Zoning Amendment Applications 1. By-law , ZBA-37/10, Stills Bay Landing Corp., Part of Lot 8, Concession 8, Parts 4, 5 & 8 on Plan 35R-10754, Roll # Mr. Pink explained the history, nature, and location of the application / property. Submissions were received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Pink read the letter, a copy of which is attached. ii) Letter of objection from Marilyn Bratten. Mr. Pink read the letter, a copy of which is attached. iii) Two letters of objection from Myron Garron. Mr. Pink reviewed the letters, copies of which are attached. iv) Letter of objection from Peter and Marina Beresford. Mr. Pink reviewed the letter, a copy of which is attached. v) Letter of objection from Richard & Jill Reeves. Mr. Pink reviewed the letter, a copy of which is attached. COUNCIL MINUTES February 22, 2011 PAGE # 6

28 vi) Letter of objection from Hans and Mary-Anne van der Walle. Mr. Pink reviewed the letter, a copy of which is attached. vii) Letter of objection from Wayne Gibson. Mr. Pink reviewed the letter, a copy of which is attached. viii) Letter of objection from Barry Brackley. Mr. Pink reviewed the letter, a copy of which is attached. Mr. Leo Longo, agent, Aird & Berlis, Brookfield Place, 181 Bay Street, Suite 1800, Box 754, Toronto, ON, M5J 2T9, attended the meeting. Mr. Longo indicated planning staff of the municipality support the application with the exception of the northern dock length. The District of Muskoka staff has no objections after their review. Mr. Longo felt that due to the location of the property in a cove, set back from the main channel of the bay, the proposed dock length of the northerly dock of 150 feet would not pose any negative impacts. Mr. Longo indicated the Township s Official Plan policies support and encourage the expansion of marina uses along the water. He stated the request is consistent with Official Plan policies. Mr. Longo explained the marina is a long standing use providing a much needed service for island property owners. It was his opinion that none of the letters of opposition addressed Official Plan policies or the Comprehensive Zoning By-law. He noted there was no objection from the immediate northern property owner whom would be most impacted by the proposed development. Mr. Longo requested Council approve By-law as presented with the full length of dock as requested (150 feet). Mr. Longo indicated he was available to answer questions. Mr. Peter Nicholson, 105 Windy Lane Drive, Markdale, ON, N0C 1H0, attended the meeting. Mr. Nicholson submitted a PowerPoint presentation, a copy of which is attached. Mr. Nicholson reviewed his presentation. He commented on the amount and speed of boat traffic in the bay and on the dock use owned by the applicant. Mr. Richard Reeves, 1063 Christie Point Road, Mactier, ON, P0C 1H0, attended the meeting. Mr. Reeves indicated the high volume of boat traffic in the bay is ruining the enjoyment of his property. He explained that boat traffic begins at 6:30 a.m. in the morning with golfers, and work boats. Mr. Reeves indicated he has three young boys and is fearful for their safety. He noted they cannot water ski in the bay due to the high speed and volume of boat traffic. Mr. Reeves indicated he filed a complaint with Transport Canada due to an incident that occurred when a float plane took off in close proximity to his boat. COUNCIL MINUTES February 22, 2011 PAGE # 7

29 Mr. Hans van der Walle, 1050 Hamills Point Road, Mactier, ON, P0C 1H0, attended the meeting. Mr. van der Walle indicated he is the northern neighbour and is opposed to the application. Mr. van der Walle stated the shoreline is badly damaged. Mr. Jim Haller, 4717 Muskoka Road #169, Mactier, ON, P0C 1H0, attended the meeting. Mr. Haller indicated he had sent a letter in opposition addressed to the Mayor and Council. Mr. Haller stated this Council ran for office on the basis that they would listen to concerns. He asked them to listen. Mr. Dave Massey, 1052 Hamills Point Road, Mactier, ON, P0C 1H0, attended the meeting. Mr. Massey indicated he concurred with all the previous comments. Mr. Massey indicated he was concerned with the amount of available vehicle parking and the safety of the parking lot. Ms. Lois Ruff, 1067 Hamills Point Road, Mactier, ON, P0C 1H0, attended the meeting. Ms Ruff indicated she was opposed to the proposal. She stated that, due to the large amount of boat traffic, her dock and boathouse were always wet from the spray. Mr. Mark Garron, 16 Wrenwood Court, Markham, ON, L3R 6H6, attended the meeting. Mr. Garron indicated his family s property is located to the south of the marina. Mr. Garron felt any further expansion seemed illogical and felt there should be a reduction in the marina size. No one attended in support of the application. Mr. Longo indicated the boat and float plane traffic generated by the golf course is a separate issue. One of the recommendations in the Boat Impact Assessment is signage for speed limits. He noted the applicants are not opposed to speed limit signage. Mr. Longo indicated this is a busy bay due to the location of other landings in the area. Mr. Longo felt the proposed increase in dockage would not be detrimental. In response to Council s questions, Mr. Pink indicated the southerly dock has existed for quite some time. He noted he was unable to find any evidence of a Building Permit or planning application, regarding the southerly docks. Mr. Pink therefore presumed that the docks were in existence prior to He explained the applicants could increase the amount of dry boat storage and utilize valet servicing. 2. By-law , ZBA-01/11, Ontario Ltd., Part of Lot 23, Concession 3, (Medora), Part 1 on Plan 35R-21937, Roll # Mr. Pink explained the history, nature, and location of the application/property. COUNCIL MINUTES February 22, 2011 PAGE # 8

30 Submissions were received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Pink read the letter, a copy of which is attached. Mr. Angelo Sarracini, Jane Street, Kettleby, ON, L0G 1J0, attended the meeting. Mr. Sarracini indicated he was available to answer questions. No one attended in support of or in opposition to the application. In response to Council s question, Mr. Sarracini indicated due to the design of the boathouse it would be difficult to reduce the size. Mr. Sarracini felt any alterations to the structure would be detrimental to its character. Council questioned how the height of the structure exceeded the permitted 35 feet. Mr. Sarracini indicated the error was due to the difficult topography of the land. He explained the request for the exemption of height only applies to a small portion of the roof. 8. By-laws a. By-law , Ontario Inc., Part Lot 117 on Plan 19, Part Lots 134 & 135 on Plan 21, Part 2 on Plan 35R-4471, (Medora), Roll # Councillor Burgess had disclosed a pecuniary interest (refer to item 3.a.) and left the Council table. It was the consensus of Council to defer the by-law. Councillor Burgess returned to the Council table. b. By-law , ZBA-41/10, Upjohn, Lot 5, Concession 7, (Monck), Roll # Resolution Number C-6-22/02/11 Councillor Edwards Councillor McTavish: Be it resolved that By-law , to amend Comprehensive Zoning By-law 87-87, as amended, (Upjohn, Roll # ), be read a first and second time. COUNCIL MINUTES February 22, 2011 PAGE # 9