THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES - COMMITTEE OF THE WHOLE MEETING

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1 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES - COMMITTEE OF THE WHOLE MEETING Wednesday, January 19, 2011 A Regular Meeting of the Committee of the Whole was held on Wednesday, January 19, 2011, at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling Ontario. PRESENT: OFFICIALS PRESENT: Mayor Alice Murphy, Chair W. Schmid - CAO C. Mortimer - Clerk COUNCILLORS: L. Forbes - Planning Assistant R. Jeffries - Clerk s Assistant Ruth-Ellen Nishikawa J. Stevens - Treasurer Brad Burgess N. Donald - Development Services Coordinator Bob McTavish R. Hayes - Fire Chief Allen Edwards, 1:45 pm L. Saumur - Manager of Parks, Recreation & Facilities Donald Furniss, 5:12 pm L. Troup - Public Works Superintendent Gault McTaggart, 12:30 pm S. Fahner - Director of Planning Phil Harding D. Pink - Senior Planner Jean-Ann Baranik Ron Brent, 4:50 pm 1. Call to Order a. Mayor Murphy called the meeting to order at 9:05 a.m. 2. Adoption of Agenda a. Consideration of a resolution to adopt the agenda as amended. Resolution Number COW-1-19/01/11 Councillor Furniss Councillor Nishikawa: Be it resolved that the Committee of the Whole agenda dated January 19, 2011 be adopted as amended to add item 8.b.1. Report Re: Port Carling Arena Header Piping Replacement and 8.d.2. Report Re: Port Carling Communities in Bloom. 3. Disclosure of Interest a. Councillors Burgess, Baranik, Brent and Mayor Murphy indicated they are members of the Muskoka Lakes Chamber of Commerce but do not believe to have a pecuniary interest. COMMITTEE OF THE WHOLE MINUTES January 19, 2011 PAGE # 1

2 b. Councillor Bob McTavish disclosed a conflict of interest with respect to items 6.a. and 6.b. regarding the Muskoka Lakes Snow Trails Association (MLSTA) due to his association with MLSTA. 4. Receipt/Adoption of Minutes a. Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on December 15, Resolution Number COW-2-19/01/11 Councillor Nishikawa Councillor Furniss: Be it resolved that the Committee of the Whole Meeting minutes held on December 15, 2010 be adopted. 5. Planning and Visioning a. Delegations and Petitions 9:00 a.m. 1. Mr. Boyd Montgomery, agent, and Mr. Angelo Sarracini, applicant, attended at 9:10 am Re: Item 5.c.1., Report from the Senior Planner, ZBA-01/11, Ontario Ltd. 2. Mr. David Kalm, agent, attended at 9:30 am Re: Item 5.c.2., Report from the CAO and Director of Planning Re: Return of Securities for Touchstone on Lake Muskoka Inc. b. Visioning Chair Murphy and Vice Chair Harding 1. None. c. Planning Chair Nishikawa and Vice Chair Murphy 1. Report from Senior Planner Re: ZBA-01/11, Ontario Ltd., Part of Lot 23, Concession 3, (Medora), Part 1 on Plan 35R-21937, Roll # A copy of the report is attached. Mr. Pink explained the history, nature, and location of the application/property. COMMITTEE OF THE WHOLE MINUTES January 19, 2011 PAGE # 2

3 Mr. Boyd Montgomery, agent, Carr Design Inc, 1099 Windrush Dr., Oakville, ON, L6M 1W4, attended the meeting. Mr. Montgomery indicated the applicant, Mr. Angelo Sarracini, was also in attendance and displayed photographs of the subject property. Mr. Montgomery provided a brief history of the property and indicated only a small portion of the proposed dwelling would exceed the permitted height. Committee held a brief discussion and agreed the kitchen should be removed from the dwelling above the boathouse. Resolution Number COW-3-19/01/11 Councillor Baranik Councillor Harding: Be it resolved that Zoning By-law Amendment Application ZBA-01/11, ( Ontario Ltd.) be approved for circulation subject to the conversion of the dwelling above the boathouse into a sleeping cabin. 2. Report from the CAO and Director of Planning Re: Return of Securities for Touchstone on Lake Muskoka Inc. A copy of the report is attached. Mr. Fahner highlighted the report and provided a brief history of the property, prior approvals and litigation regarding the Environmental Treatment Centre. Mr. David Kalm, agent, 1168 Hwy. #118 W., Bracebridge, ON, P1L 1W8, attended the meeting. Mr. Kalm indicated he was available to answer questions. In response to Committee s question, Mr. Schmid indicated a separate deposit was retained for the payment of the Sewage Treatment Lagoon System Study. All required works have now been completed. Resolution Number COW-4-19/01/11 Councillor Baranik Councillor Harding: Whereas C.C. Tatham undertook a review of the Touchstone sewage lagoon system on behalf of the Township of Muskoka Lakes, in October 2009 and developed a list of deficiencies to be corrected, and; Whereas Touchstone on Lake Muskoka Inc., provided a $60,000 security to complete the outstanding works, and; Whereas Touchstone on Lake Muskoka Inc., has rectified outstanding deficiencies and these corrections have been inspected by C.C. Tatham, and C.C. Tatham has confirmed that all identified deficiencies have been corrected. COMMITTEE OF THE WHOLE MINUTES January 19, 2011 PAGE # 3

4 Now therefore be it resolved that Committee of the Whole recommend Township Council authorize the return of the $60,000 security, for sewage lagoon repair deficiencies, to Touchstone on Lake Muskoka Inc. 3. Report from the Senior Planner Re: Heritage Designations. A copy of the report is attached. Mr. Pink highlighted the report and reviewed the history and associated procedures for designating heritage properties. Committee held a lengthy discussion and agreed that further discussion regarding heritage matters was required by Committee at a future meeting. 4. Report from the Director of Planning Re: Comprehensive Zoning By-law (formerly By-law ), Review of Sections III to V. A copy of the report is attached. Mr. Fahner highlighted the report and attachments. Mr. Fahner distributed the draft schedules on a compact disc and reviewed example schedules and proposed changes. In response to Committee s questions, Mr. Fahner indicated property owners are not typically individually notified of zoning changes during a comprehensive zoning bylaw review. He noted there are approximately 15,000 properties within the Township. Notice of the Comprehensive Zoning By-law Review and second Public Meeting was included in the January 2011 Mayor s newsletter included with the interim tax bills. 5. Report from the Director of Planning Re: Comprehensive Zoning By-law (formerly By-law ), Schedule for Completion of Zoning By-law Review. A copy of the report is attached. Mr. Fahner highlighted the report for Committee. It was the consensus of Committee to extend the schedule and have the Public Meeting possibly in the summer. Staff was requested to amend the schedule and provide it at a future Committee meeting. COMMITTEE OF THE WHOLE MINUTES January 19, 2011 PAGE # 4

5 6. Report for the Director of Planning Re: Planning Department Activity A copy of the report is attached. Mr. Fahner highlighted the report for Committee. 7. Verbal report from the Director of Planning Re: Review of Citizens Guides to Landuse Planning. Copies of the guides are attached. Mr. Fahner noted the citizen guides provide excellent planning information for members of Council. d. Economic Development and Communication Chari Harding and Vice Chair Burgess 1. Report from the Manager of Parks, Recreation and Facilities, Re: Port Carling Farmers Market. A copy of the report is attached. Refer to item 5.d.2. for discussion regarding the Farmers Markets. Resolution Number COW-6-19/01/11 Councillor Furniss Councillor Burgess: Be it resolved that the Committee of the Whole recommends Township Council approve the request of the Muskoka Lakes Chamber of Commerce for use of Hanna Park for the Port Carling Summer Market in accordance with Parks C-PR-04 and the provisions as set out in the staff report dated January 19, 2011, And further that the Committee of the Whole recommends Township Council approve the Hanna Park usage fee of $50.00 per day of use for the Market. 2. Report from the Manager of Parks, Recreation and Facilities, Re: Bala Farmers Market. A copy of the report is attached. The Manager reviewed both the Bala and Port Carling Farmers Market staff reports. The Bala Market was held at the Muskoka Lakes Sport Park in The Port Carling Market is proposed for Hanna Park. COMMITTEE OF THE WHOLE MINUTES January 19, 2011 PAGE # 5

6 6. Public Works Following a lengthy discussion regarding location and fees for the markets, Committee indicated that the 2011 park usage fees would remain at the same rate as The 2012 fees will increase to $ and $1, for With respect to the Port Carling Market, Committee encouraged the Chamber of Commerce to utilize the James Bartleman Island Park in the future to expand the market. Resolution Number COW-5-19/01/11 Councillor Furniss Councillor Burgess: Be it resolved that the Committee of the Whole recommends Township Council approve the request of the Muskoka Lakes Chamber of Commerce for use of Muskoka Lakes Sports Park for the Bala Summer Market in accordance with Parks C-PR-04 and the recommendations in the staff report dated January 19, 2011, And further that the Committee of the Whole recommends Township Council approve the Muskoka Lakes Sports Park usage fee of $50.00 per day of use for the Market. a. Delegations and Petitions 11:00 a.m. Councilor McTavish left the Council table for item 6.a. due to his disclosure of conflict of interest (refer to item 3.b.) regarding the Muskoka Lakes Snow Trails Association (MLSTA). 1. Dr. Sylvia Geist attended at 11:45 a.m. Re: MLSTA request to construct a snowmobile trail on the lands formerly known as the OKA Colonization Road, Item 6.b.1., Report. Dr. Geist reviewed her presentation and photos, copies of which are attached. She requested that Committee deny the motion to proceed with the construction of the snowmobile trail in this area. She noted concerns regarding endangered species, trespass issues with respect to homeowners, and safety/liability issues regarding snowmobilers. 2. Kyle Vickers and Scott Vickers attended at 12:00 p.m. Re: MLSTA request to construct a snowmobile trail on the lands formerly known as the OKA Colonization Road, Item 6.b.1., Report. COMMITTEE OF THE WHOLE MINUTES January 19, 2011 PAGE # 6

7 Scott Vickers recommended that the snowmobile trail not proceed, however, if Committee did approve it, he requested that the trail be constructed on the side of Tower Rd. He noted the safety concerns for both snowmobilers and vehicular traffic as the travelled portion of road is narrow. Mr. Vickers explained that the road is not maintained by the Township. Kyle Vickers presented a number of photographs, copies of which are attached. The photos displayed the road allowance used to access his property. There are many blind corners where accidents could occur as it is narrow during the winter months with snow banks. If constructed, Mr. Vickers requested additional signage be posted at the entrance and exit of the snowmobile trail along Tower Road. 3. Rene Leenaars, President, MLSTA and John Hiley, OLS, attended at 12:18 p.m. Re: MLSTA request to construct a snowmobile trail on the lands formerly known as the OKA Colonization Road, Item 6.b.1., Report. Mr. Leenaars informed Committee that the MLSTA could widen the Township road allowance known as Tower Road or construct the trail on the side of the road to address safety concerns, including signage. He noted that the groomer would clear the snowmobile trail and Mr. Vickers could continue to have the road plowed to access his property. Mr. Hiley, OLS, reviewed his presentation to Committee, a copy of which is attached. He provided a brief history of the Colonization Road, evidence of the Colonization Road and clarification of ownership. In his opinion, previous surveyors missed recognizing the Colonization Road on their surveys. His research found that the road was stopped up, closed and retained by the Township. Mr. Hiley could not find any indication that the Township sold the road allowance. b. Roads and Infrastructure Chair Brent and Vice Chair Edwards Councilor McTavish left the Council table for item 6.b. due to his disclosure of conflict of interest (refer to item 3.b.) regarding the Muskoka Lakes Snow Trails Association (MLSTA). 1. Report from Public Works Superintendent Re: Muskoka Lakes Snow Trails Association / OKA Road. A copy of the report is attached. The Public Works Superintendent reviewed the report. He noted that the MLSTA has a grant deadline of March 31 st 2011 to complete the project. He recommended that the portion of Colonization Road that crosses Dr. Geist s property (Part 7 on Plan 35R-20075) should be considered separately. COMMITTEE OF THE WHOLE MINUTES January 19, 2011 PAGE # 7

8 Committee amended the resolution to include the MLSTA widening the nonmaintained portion of Tower Road at the MLSTA expense, to the satisfaction of the Public Works Superintendent. Resolution Number COW-7-19/01/11 Councillor Nishikawa Councillor Furniss: Be it resolved that the Committee of the Whole recommend to Township Council that the Muskoka Lakes Snow Trails Association be authorized to construct a snowmobile trail on the public road allowance shown as Parts 1, 2, 3, 4, 5, 6, 8, 11, 13, 14, 15 and 16 of Plan 35R subject to the following: - Submission of a detailed site plan and work plan of the proposed trail on municipal lands for staff approval. - Written confirmation from the Ministry of Natural Resources that they have no objections or concerns. - Proof of Liability insurance. - Written confirmation from the M.L.S.T.A. confirming all costs for the development and maintenance of the trail to be their responsibility. - That the M.L.S.T.A. widen the non-maintained portion of Tower Road, at the expense of the M.L.S.T.A., to the satisfaction of the Public Works Superintendent. 7. Corporate Services Councillor McTaggart left the meeting at 12:30 p.m. a. Delegations and Petitions 1:30 p.m. a. None. b. Finance Chair Burgess and Vice Chair Furniss 1. Report from Treasurer Re: Tangible Capital Asset Policy C-FS-10. A copy of the report is attached. COMMITTEE OF THE WHOLE MINUTES January 19, 2011 PAGE # 8

9 The Treasurer highlighted the report and the proposed amendments to Policy C-FS- 10. She noted that changes to the policy were identified as a result of the asset review and audit. Resolution Number COW-8-19/01/11 Councillor Brent Councillor Harding: Be it resolved that the Committee of the Whole recommend to Township Council that the revisions to Policy C-FS-10 Tangible Capital Assets as outlined in the staff report dated January 19, 2011 be approved. 2. Report from Treasurer Re: Compensation Structure. A copy of the report is attached. The Treasurer reviewed the report detail for Committee. The report provided a wage analysis, an overview of employment levels and pay structures and a review of the McDowell Associates process. Resolution Number COW-9-19/01/11 Councillor Brent Councillor Harding: Be it resolved that the Committee of the Whole recommend to Township Council to approve pay grid step increases for those eligible employees, retroactive to January 1, 2011, subject to the completion of a Performance Evaluation Report and a recommendation from the appropriate Department Head. It was the consensus of Committee to defer consideration of Consumer Price Index (CPI) increases until the 2011 budget deliberations. Committee requested that the 1st draft of the 2011 budget be brought forward at the February 22 Committee of the Whole meeting in the current format. c. Administration Chair Furniss and Vice Chair McTavish 1. Report from the Chief Building Official Re: Development Services Department Activities A copy of the report is attached. The Chief Building Official highlighted his report and answered questions for Committee. COMMITTEE OF THE WHOLE MINUTES January 19, 2011 PAGE # 9

10 2. Report from the Clerk Re: Application to purchase Original Shore Road Allowance SMITH ( , Skeleton Lake). A copy of the report is attached. The Clerk reviewed the report for Committee. Resolution Number COW-10-19/01/11 Councillor Harding Councillor Baranik: Be it resolved that the Committee of the Whole recommend to Township Council that tentative approval be given to the Original Shore Road Allowance Application submitted by Paul SMITH ( ) lying in front of Concession 12, Lot 2, Skeleton Lake (Watt) pursuant to the conditions provided in Township Council policy C-LS-08 for the Sale of Original Shore Road Allowances. 3. Report from the Clerk Re: Application to purchase Original Shore Road Allowance TOTAL REAL ESTATE INC. ( , Lake Muskoka). A copy of the report is attached. The Clerk highlighted the report. Committee requested that the rates for the sale of Road Allowances be reviewed and brought back to Committee for consideration of increases. Resolution Number COW-11-19/01/11 Councillor Harding Councillor Baranik: Be it resolved that the Committee of the Whole recommend to Township Council that tentative approval be given to the Original Shore Road Allowance Application submitted by TOTAL REAL ESTATE INC. ( ) lying in front of Concession 13, Lot 29, Lake Muskoka (Monck) pursuant to the conditions provided in Township Council policy C-LS-08 for the Sale of Original Shore Road Allowances. 4. Report from the Clerk Re: Renewal of a License Agreement for an encroachment of a frame dwelling on a Township Road Allowance, lying in Concession B, Part of Lot 13, (Bala), Dicaro, A copy of the report is attached. The Clerk reviewed the report for Committee. COMMITTEE OF THE WHOLE MINUTES January 19, 2011 PAGE # 10

11 Resolution Number COW-12-19/01/11 Councillor Baranik Councillor Harding: Be it resolved that the Committee of the Whole recommend to Township Council that tentative approval be granted for a License Agreement between Giuseppe Dicaro and the Township of Muskoka Lakes for the encroachment of a frame dwelling on a Township Road Allowance, ( ), lying in Concession B, Part of Lot 13, (Bala) subject to the following conditions: 1. That the applicant agrees to the terms of the Municipality s standard License Agreement. 2. That all legal and survey fees be the responsibility of the applicant. 3. That the license agreement be for a term of 20 years with a yearly fee of $ per year for the first five years and determined thereafter by Council and be non-transferable. 4. That unless a copy of registered 35R Plan of Survey for the subject license agreement is filed in the Municipal Offices by January 19, 2012, the approval for the license agreement will be considered null and void, and the encroachment must be removed from the Township property at the applicant s expense. 5. That approval is deemed final when Council approves the appropriate By-law and License Agreement. 8. Community a. Delegations and Petitions 3:00 p.m. 1. None. b. Community Chair McTavish and Vice Chair Brent 1 Header Piping Port Carling Arena. This item was referred from the January 18, 2011 Council meeting. The CAO, the Development Services Coordinator and Councillor Edwards reported on the status of the piping. COMMITTEE OF THE WHOLE MINUTES January 19, 2011 PAGE # 11

12 After a lengthy discussion, Committee directed staff to follow the procurement policy for the prefabrication of the piping and to proceed with remedial repairs. The system replacement will proceed when the system is shut down after the winter season. Committee also directed staff to continue to work with Councillor Edwards on this matter. The CAO advised that the funds will be allocated in the 2011 budget. Councillor Edwards left the meeting at 1:45 p.m. 2. Mileage Allowance Councillor McTavish requested a review of eligibility for paid mileage for Community Centre Hall Boards, Volunteer Firefighters and members of Council. c. Emergency Management and Volunteerism Chair Baranik and Vice Chair McTaggart 1. Report from the Fire Chief Re: St. John s Ambulance In-Plant Training Agreement. A copy of the report is attached. The Fire Chief reviewed the report on renewing the First Aid Agreement with St. John s Ambulance. Resolution Number COW-13-19/01/11 Councillor Nishikawa Councillor Brent: Be it resolved that the Committee of the Whole recommend to Township Council to provide approval to the Fire Chief to complete the In-Plant Agreement with St. John s Ambulance. 2. Report from the Fire Chief Re: Recruit Firefighter program. A copy of the report is attached. The Fire Chief highlighted his report and answered Committee s questions. The Fire Chief hopes to recruit 20 new volunteer firefighters to complete component one firefighter training, which consists of 110 hrs of training over 6 weekends. The proposed training begins February 11, 2011 (every other weekend) until April 28, The Fire Chief noted an information session was being held on January 20, 2011 at 7:00 p.m. at the Port Carling Memorial Community Centre. Following a lengthy discussion, Committee agreed to compensate the participants at $12.00 per hour training rate during the one year probationary period. COMMITTEE OF THE WHOLE MINUTES January 19, 2011 PAGE # 12

13 Resolution Number COW-14-19/01/11 Councillor Nishikawa Councillor Brent: Be it resolved that the Committee of the Whole recommend to Township Council to provide approval to hire recruit volunteer firefighters and that upon completion of the Ontario Fire Service Firefighter Curriculum Component 1 firefighting training, the participant will receive $12.00 /hr. training rate during the one year probationary period. The successful participant will then be brought onto the fire department as an active probationary volunteer firefighter. 3. Report from the Fire Chief Re: Firefighter Bunker Gear. A copy of the report is attached. The Fire Chief reviewed the report for Committee. Resolution Number COW-15-19/01/11 Councillor Brent Councillor Nishikawa: Be it resolved that the Committee of the Whole recommend to Township Council to authorize the fire department to purchase 21 sets of Bunker Gear for existing firefighters prior to the expected cost increase of March 1, 2011 and that this expenditure receive approval prior to the approval of the 2011 Budget. 4. Minutes of the Joint Occupational Health and Safety Committee meeting held on September 23, A copy of the minutes is attached. 5. Report from the Fire Chief Re: Fire Department Joint Health and Safety Committee Appointment. A copy of the report is attached. The Fire Chief highlighted the report for Committee. COMMITTEE OF THE WHOLE MINUTES January 19, 2011 PAGE # 13

14 Resolution Number COW-16-19/01/11 Councillor Brent Councillor Burgess: Be it resolved that the Committee of the Whole recommend to Township Council that John Wachtler, Chris Foxwell, and Jason McCartney be appointed as Worker Representatives and that Fire Chief Richards Hayes and Assistant Chief Jim Schneider be appointed as Management Representatives for the Fire Departments Joint Health and Safety Committee. Committee requested the Fire Chief to report back at the February 22 Committee meeting with a comparison of the current and proposed Health and Safety Policy. 6. Report from Neil Donald, Co-Chair of the Health and Safety Committee Re: Township Joint Health & Safety Committee Policy and Restructuring. A copy of the report is attached. The CAO reviewed the report for Committee. Resolution Number COW-17-19/01/11 Councillor McTavish Councillor Burgess: Be it resolved that the Committee of the Whole recommend to Township Council that Rochelle Jeffries and Sandy Bos be appointed as Non-Management, Non-Union Members and that Bud Rettie be appointed as Management, Non Union Member on the Township s Health and Safety Committee. Resolution Number COW-18-19/01/11 Councillor McTavish Councillor Burgess: Be it resolved that the Committee of the Whole recommend to Township Council that Health and Safety Policy # HS- 018-POL be amended in regard to the structure of the Township Health and Safety Committee as presented in the staff report dated January 19, d. Parks, Trails and Libraries Chair McTaggart and Vice Chair Nishikawa 1. Muskoka Lakes Public Library Board Minutes held on September 8, 2010 and October 12, A copy of the minutes is attached. COMMITTEE OF THE WHOLE MINUTES January 19, 2011 PAGE # 14

15 2. Township of Muskoka Lakes Communities in Bloom. Pursuant to the resolution passed at the January 18, 2011 Council meeting, the Manager of Parks, Recreation and Facilities clarified that the Township would be required to participate in the evaluation portion of the competition to be eligible for She confirmed that Bala and Port Carling will continue to hold their 5 Bloom status and that the fee to apply as a Township will increase to $735. She explained that the cost for lodging and transit for the judges is estimated at $2, It was the consensus of Committee to proceed to register the Township as a whole for New and Unfinished Business a. None. 10. Committee in Closed Session a. Committee in Closed Session was held to discuss litigation and acquisition/disposition of property matters pursuant to Section 239(2) of the Municipal Act, Resolution Number COW-19-19/01/11 Councillor Nishikawa Councillor McTavish: Be it resolved that Committee of the Whole in Closed Session be held to discuss litigation and acquisitions/disposition of property matters pursuant to Section 239 (2) of the Municipal Act, Councillor Brent left the Closed Session meeting at 4:50 p.m. Councillor Furniss left Closed Session at 4:57 p.m. and returned at 5:03 p.m. Councillor Furniss left the Closed Session meeting at 5:12 p.m. Resolution Number COW-20-19/01/11 Councillor Nishikawa Councillor McTavish: Be it resolved that Closed Session reconvene as Committee of the Whole to report on matters discussed under Closed Session. There was no report to Committee resulting from Closed Session. COMMITTEE OF THE WHOLE MINUTES January 19, 2011 PAGE # 15

16 11. Adjournment a. Consideration of a resolution to adjourn. Resolution Number COW-21-19/01/11 Councillor Nishikawa Councillor McTavish: Be it resolved that this meeting adjourn at 5:40 p.m. and the next regular meeting of the Committee of the Whole will be held on Tuesday February 22, 2011 at 9:00 a.m. or at the call of the Chair in the Council Chambers, Municipal Office, Port Carling. Mayor Alice Murphy Cheryl Mortimer - Clerk COMMITTEE OF THE WHOLE MINUTES January 19, 2011 PAGE # 16

17 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES - COMMITTEE OF THE WHOLE MEETING Tuesday, February 22, 2011 A Regular Meeting of the Committee of the Whole was held on Tuesday, February 22, 2011, at 12:30 p.m. in the Council Chambers, Municipal Offices, Port Carling Ontario. PRESENT: OFFICIALS PRESENT: Mayor Alice Murphy, Chair W. Schmid - CAO C. Mortimer - Clerk COUNCILLORS: L. Forbes - Planning Assistant R. Jeffries - Clerk s Assistant Ruth-Ellen Nishikawa left at 4:40 p.m. R. Hayes - Fire Chief Brad Burgess L. Saumur - Manager of Parks, Recreation and Facilities Bob McTavish L. Troup - Public Works Superintendent Allen Edwards S. Fahner - Director of Planning Donald Furniss D. Pink - Senior Planner Gault McTaggart Phil Harding Jean-Ann Baranik Ron Brent 1. Call to Order a. Mayor Murphy called the meeting to order at 12:55 p.m. 2. Adoption of Agenda a. Consideration of a resolution to adopt the agenda as amended. Resolution Number COW-1-22/02/11 Councillor Baranik Councillor Harding: Be it resolved that the Committee of the Whole agenda dated February 22, 2011 be adopted as amended to add: Item 6.b.2. Report from the Public Works Superintendent Re: OKA Road. 3. Disclosure of Interest a. Councillor Bob McTavish disclosed a conflict of interest with respect to items 6.a.1 and 6.b.2 regarding the OKA Road due to his association with the Muskoka Lakes Snow Trails Association (MLSTA). COMMITTEE OF THE WHOLE MINUTES February 22, 2011 PAGE # 1

18 4. Receipt/Adoption of Minutes a. Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on January 19, Resolution Number COW-2-22/02/11 Councillor McTavish Councillor Edwards: Be it resolved that the Committee of the Whole meeting minutes held on January 19, 2011 be adopted. 5. Planning and Visioning a. Delegations and Petitions 1:00 p.m. 1. Ms. Angela Ghikadis, agent, Planscape, attended Re: Item 5.c.1.a., Reports from the Senior Planner, ZBA-03/11, Baypoint Group Inc., and item 5.c.1.b., ZBA- 04/11, Bere/Sanderson-Kirby 2. Mr. Laurence Cutting, attended Re: Item 5.c.2.a., Report from the Senior Planner Re: SPA-03/11, Ontario Inc., Mr. Donaldson did not attend. b. Visioning Chair Murphy and Vice Chair Harding 1. None. c. Planning Chair Nishikawa and Vice Chair Murphy 1. Zoning By-law / Official Plan Amendments a. Report from Senior Planner, Re: ZBA-03/11, Baypoint Group Inc., Part of Lot 4, Concession 12, Parts 1 to 3 on Plan BR-1575, (Medora), Roll # A copy of the report is attached. Mr. Pink explained the history, nature, and location of the application/property. COMMITTEE OF THE WHOLE MINUTES February 22, 2011 PAGE # 2

19 Ms. Angela Ghikadis, agent, Planscape, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Ghikadis circulated photographs, copies of which are attached. Ms. Ghikadis indicated when Mr. David Webber recently purchased the property, he had a building location survey completed. This application is to address some of the issues revealed by the building location survey that existed before he owned the property. Ms. Ghikadis explained the applicant also wishes to construct a boathouse to store canoes, paddle boats, etc., and to replace an existing floating dock with a permanent dock. She noted the orientation of the lot lines make it difficult to construct shoreline structures without encroachments. Ms. Ghikadis indicated the proposed dock is in character with other docks in the area. The docks located on the adjacent lots are 180 and 100 feet in length. The length requested is due to the shallow water depth. She noted the water depth was measured 2.5 feet at the end of each of these docks. In response to Committee s questions, Mr. Pink indicated the dock does not cross the projected lot lines because the length is beyond the 100 foot projection. Resolution Number COW-3-22/02/11 Councillor Edwards Councillor McTavish: Be it resolved that Zoning By-law Amendment Application ZBA-03/11, Baypoint Group Inc., Roll # , be approved for circulation. b. Report from the Senior Planner, Re: ZBA-04/11, Bere/Sanderson-Kirby, Part Lot 25, Concession 3, Lot 12 on Plan M-298, Part 1 on Plan 35R , (Wood), Roll # A copy of the report is attached. Mr. Pink explained the history, nature, and location of the application/property. Ms. Angela Ghikadis, agent, Planscape, 104 Kimberley Avenue, Bracebridge, ON, P1L 1Z8, attended the meeting. Ms. Ghikadis circulated photographs, copies of which are attached. She noted the applicants were also present. Ms. Ghikadis explained the purpose of the application is to provide access to the boathouse and sleeping cabin located on the other side of the property. Due to the location of a stream and wetland area they would need to walk a considerable distance around the property to access the accessory structures from the dwelling. COMMITTEE OF THE WHOLE MINUTES February 22, 2011 PAGE # 3

20 Ms. Ghikadis explained the proposed bridge would be secluded from the lake. The proposed location of the sleeping cabin was chosen as this was where the least amount of site alteration would be required. Ms. Ghikadis noted the abutting property owner s tile bed is located on the applicants property and they are attempting to work around it. In response to Committee s question, Mr. Pink indicated a site plan agreement would be required and could require that no vegetation or trees are to be removed. He noted when pathways are proposed staff prefer a meandering path composed of natural materials such as mulch. Resolution Number COW-4-22/02/11 Councillor Edwards Councillor McTavish: Be it resolved that Zoning By-law Amendment Application ZBA-04/11, Bere/Sanderson-Kirby, Roll # be approved for circulation. 2. Site Plans / Plans of Subdivision and Condominium a. Report from the Senior Planner, Re: SPA-03/11, Ontario Inc., Part of Lots 27 & 28, Concession 3, Part 2 on Plan 35R-14359, (Medora), Roll # A copy of the report is attached. Mayor Murphy left the Council Chambers at 1:44 p.m. Mr. Pink explained the history, nature, and location of the application/property. Mr. Laurence Cutting, applicant, Hwy #118 West, Port Carling, ON, P0B 1J0, attended the meeting. Mr. Cutting indicated his company started nine years ago with 6 employees. He now has 45 employees and has outgrown the workshop. He indicated he plans to add an additional 10 staff with another 20 in the future. Mr. Cutting explained he added additional plantings and retained Pinestone Engineering to complete the Stormwater Management Plan. In response to Committee s question, Mr. Pink indicated securities are held for stormwater management, plantings, and some paving. Once staff inspect the property and verify the work has been completed, the securities can be returned. COMMITTEE OF THE WHOLE MINUTES February 22, 2011 PAGE # 4

21 Resolution Number COW-5-22/02/11 Councillor Baranik Councillor Harding: Be it resolved that Committee of the Whole recommend to Council that Site Plan Agreement Application, SPA-03/11, ( Ontario Inc., Roll # ) be approved, subject to the addition of designated accessible parking spaces and the receipt of securities. 3. Long Range Planning / Special Projects a. Report from the Director of Planning, Re: Comprehensive Zoning By-law (formerly By-law ), Review of Sections VI to VIII. A copy of the report is attached. Mr. Fahner highlighted his report for Committee. Mayor Murphy returned to the Council Chambers at 2:01 p.m. b. Report from the Director of Planning, Re: Proposed Schedule for Comprehensive Zoning By-law (formerly By-law ). A copy of the report is attached. Mr. Fahner highlighted his report. In response to Committee s question at the January 19, 2011 Committee meeting, Mr. Fahner indicated a report summarizing the comments received at the July 23, 2010 Public Meeting would be presented to Committee on March 15, Committee requested the report indicate the number of comments, and provide some background regarding the specific issues. It was the consensus of Committee to amend the schedule to hold Public Meetings in May/June and July, Resolution Number COW-6-22/02/11 Councillor Baranik Councillor Harding: Be it resolved that Committee of the Whole recommend that Township Council accept the schedule for completion of the Comprehensive Zoning By-law (formerly ) proposed by staff, at the February 22, 2011 Committee meeting as amended. COMMITTEE OF THE WHOLE MINUTES February 22, 2011 PAGE # 5

22 c. Comprehensive Zoning By-law Review, Comments from the July 23, 2010 Public Meeting. Copies of the comments are attached. (This item was for Committee s information only.) d. Report from the Director of Planning, Re: Lakehead University Study Research (This report was presented at this time as it appears as an item in the proposed 2011 Budget.) A copy of the report is attached. Mr. Fahner highlighted his report for Committee. e. Report from the Director of Planning, Re: Detailed Waterfront Plans (This report was presented at this time as it would appear as an item in the proposed 2011 Budget.) A copy of the report is attached. Mr. Fahner highlighted his report for Committee. d. Economic Development and Communication Chair Harding and Vice Chair Burgess 1. None. 6. Public Works a. Delegations and Petitions 2:30 p.m. 1. Dr. Sylvia Geist and Mr. Jamie Nairn, Ecologist at Beacon Environmental, attended Re: Muskoka Lakes Snow Trails Association request - OKA Road. Councilor McTavish left the Council table for item 6.a.1 and 6.b.2 due to his disclosure of conflict of interest (refer to item 3.a.) regarding the OKA Road at 2:32 p.m. Councillor Nishikawa left the Council Chambers at 2:32 p.m. Jamie Nairn, Ecologist at Beacon Environmental, 126 Kimberly Ave., Bracebridge, ON provided information on Environmental issues surrounding the use of Oka Road as a snowmobile trail, including the wetlands and possible impact on species at risk and fish habitat. A copy of the presentation is attached. He submitted a map showing the location of OKA Road and the wetlands it will affect, a copy of which is attached. He noted the lack of natural heritage information provided about the proposed trail and asked the Township to take all the necessary steps to ensure compliance with all legislation. COMMITTEE OF THE WHOLE MINUTES February 22, 2011 PAGE # 6

23 Dr. Geist presented a map showing the location of wetlands relating to her property and the proposed snowmobile trail, a copy of which is attached. She requested that she be informed as the process proceeds. She also requested that the Muskoka Lakes Snow Trails Association find another route that would have less impact on the environment. Councillor Nishikawa returned to the Council Chambers at 2:45 p.m. Refer to item 6.b.2 Report. b. Roads and Infrastructure Chair Brent and Vice Chair Edwards 1. Report from the Clerk Re: Multisport Canada Bracebridge Triathlon, Kirrie Glen Road / Ziska Road/ District Road 118. A copy of the report is attached. The Clerk reviewed the report noting that this is the second year for this event. Committee discussed concerns with safety and traffic control. Committee requested that the resolution include additional wording regarding appropriate signage and that traffic Marshalls are put in place for the event. Resolution Number COW-8-22/02/11 Councillor Harding Councillor Baranik: Be it resolved that the Committee of the Whole recommend to Township Council that the Township of Muskoka Lakes has no objection to the request from MultiSport Canada using a portion of Kirrie Glen Road (from District Road 118 to Ziska Road) and a portion of Ziska Road (from Kirrie Glen Road to Baldwin Road), for the 2011 Bracebridge Triathlon on Sunday August 7, 2011, subject to proof of liability insurance with a minimum amount of two million dollars, with the Township named as an additional insured. And further that the Township has no objection to MultiSport Canada using District Road 118 lying within the boundaries of the Township of Muskoka Lakes, subject to District of Muskoka approval. And further that appropriate signage and traffic Marshalls are put in place for the event. COMMITTEE OF THE WHOLE MINUTES February 22, 2011 PAGE # 7

24 7. Corporate Services 2. Report from the Public Works Superintendent Re: OKA Road. A copy of the report is attached. The Public Works Superintendent reviewed his report. Following a lengthy discussion Committee considered a motion directing the Muskoka Lakes Snow Trails Association to provide confirmation that an Environmental Assessment would not be required for the development of the OKA Road Snowmobile Trail proposal. Committee clarified that the resolution regarding the approval of the OKA Road Snowmobile Trail could move forward once the Township has been provided with confirmation that an Environmental Assessment is not required for the development of the OKA Road Snowmobile Trail. Committee also noted that the Township would contact Dr. Geist in the future when dealing with her property as a separate issue. Resolution Number COW-7-22/02/11 Councillor Baranik Councillor Harding: Be it resolved that Committee of the Whole resolution COW-7-19/01/11 dated January 19, 2011 be amended to add the following condition: - That Muskoka Lakes Snow Trails Association provide confirmation that an Environmental Assessment is not required for the development of the OKA Road Snowmobile Trail. Councillor McTavish returned to the Council table at 3:15 p.m. a. Delegations and Petitions 3:30 p.m. 1. Anne Newberry and Terry Ledger, Tsquared Design Studio Inc. attended Re: Road Closing Application, Huddle. Mrs. Newberry reviewed her presentation, a copy of which is attached, requesting that her Township Road Allowance application proceed as originally presented. She reviewed potential solutions in this regard notifying no agreement to date. Terry Ledger explained to Committee that in order to comply with lot coverage and setbacks, Mrs. Newberry requires the purchase of the road allowance in order to construct a garage. COMMITTEE OF THE WHOLE MINUTES February 22, 2011 PAGE # 8

25 2. Dave and Jane Low attended Re: Road Closing Application, Huddle. Jane Low reviewed her presentation, copies of which are attached. She noted that they use the Township Road Allowance to back out of their driveway. Mrs. Low asked for an unbiased assessment of the situation. Dave Low also submitted drawings with a proposed solution noting no agreement to date, a copy of which is attached. Committee encouraged the neighbours to reach a compromise. Committee directed the Clerk and Public Works Superintendent to review the submissions and report back to Committee with possible options. b. Finance Chair Burgess and Vice Chair Furniss 1. None. c. Administration Chair Furniss and Vice Chair McTavish 1. Report from the Clerk Re: Flooded Original Shore Road Allowance Closing Declaration of Surplus Lands Burns ( ) and MacGibbon ( ). A copy of the report is attached. Mayor Murphy left the Council Chambers at 4:00 p.m. The Clerk reviewed the report and explained the policy for the Sale of Flooded Original Shore Road Allowances. Resolution Number COW-9-22/02/11 Councillor Harding Councillor Baranik: Be it resolved that the Township of Muskoka Lakes declares the following Township lands to be surplus: A portion of flooded Original Shore Road Allowance lying in front of Lot 33, Concession 13 (Monck) Lake Muskoka designated as Part 2 on Reference Plan 35R-22985, BURNS, A portion of flooded Original Shore Road Allowance lying in front of Lot 15, Concession 6 (Monck) Lake Muskoka designated as Part 3 on Reference Plan 35R-23385, MACGIBBON, COMMITTEE OF THE WHOLE MINUTES February 22, 2011 PAGE # 9

26 And further that the Clerk is hereby instructed to dispose of the said properties pursuant to Section 9 of the Municipal Act, Mayor Murphy returned to the Council Chambers at 4:10 p.m. 8. Community a. Delegations and Petitions 4:15 p.m. 1. None. b. Community Chair McTavish and Vice Chair Brent 1. Report from the CAO Re: Creation of a Nursing Station in Muskoka Lakes. A copy of the report is attached. The CAO summarized the report. Councillors McTavish and Edwards commented on the Rosseau Nursing Station and noted that they will be meeting with the CEO of Muskoka Algonquin Healthcare. The Rosseau Nursing Station is an example of what they would like to see for the Township. Resolution Number COW-10-22/02/11 Councillor Brent Councillor Harding: Whereas access to medical care in the Township of Muskoka Lakes is limited and requires year round residents and seasonal residents to travel out of the municipality, and; Whereas the new Council of the Township of Muskoka Lakes has expressed an interest to establish a nursing station(s) in the municipality to relieve this problem; Now therefore be it resolved that the Mayor correspond with the Honourable Minister Tony Clement MP, MPP Norm miller, the new Geographic Lead for Muskoka at the North Simcoe-Muskoka LHIN and the new CEO at Muskoka Algonquin Health Care, and other interested parties advising of Council s keen interest in creating a Nursing Station(s) in the Township of Muskoka Lakes, and; COMMITTEE OF THE WHOLE MINUTES February 22, 2011 PAGE # 10

27 Further that a Nurse Practitioners Office Working group be established comprised of Councillors Edwards and McTavish and members of the public to further pursue the establishment of a Nursing Station(s) in the municipality. 2. Report from the Manager of Parks, Recreation and Facilities Re: Community Centre Review - Custodians. A copy of the report is attached. The Manager of Parks, Recreation and Facilities reviewed the report noting the recommendation for wages to be standardized across the Community Centres for the Custodians. After a brief discussion, Committee deferred this matter to the February 24, 2011 Special Committee of the Whole Budget Introduction Meeting. 3. Report from the Manager of Parks, Recreation and Facilities Re: Port Carling United Church request for reduced fees Port Carling Community Centre. A copy of the report is attached. The Manager of Parks, Recreation and Facilities summarized the report noting the request to reduce or waive the fee to rent the Port Carling Community Centre. It was noted that fees should apply at an event when alcohol is served. Resolution Number COW-11-22/02/11 Councillor McTaggart Councillor Burgess: Be it resolved that the Committee of the Whole recommends to Township Council that the fees associated with the Port Carling United Church St. Patrick s Day Dinner and Party to be held at the Port Carling Memorial Community Centre be waived for March 17, DEFEATED. 4. Report from the Manager of Parks, Recreation and Facilities Re: Mileage for Community Centre Review Committee. A copy of the report is attached. Councillor Nishikawa left the meeting at 4:40 p.m. The Manager of Parks, Recreation and Facilities highlighted the report. Committee noted that they will have to examine this matter in the context of the Township budget. COMMITTEE OF THE WHOLE MINUTES February 22, 2011 PAGE # 11

28 Resolution Number COW-12-22/02/11 Councillor McTaggart Councillor Burgess: Be it resolved that Committee of the Whole recommends Township Council approve mileage for the Community Centre Review Committee meetings and further that the approval be retroactive to September DEFEATED. 5. Peninsula Community Centre Meeting Minutes October 27, Information item. 6. Bala Community Centre Meeting Minutes November 9, Information item. 7. Walker s Point Community Centre Meting Minutes November 25, Information item. c. Emergency Management and Volunteerism Chair Baranik and Vice Chair McTaggart 1. Report from the Fire Chief Re: Fire Department Health and Safety Policy. A copy of the report is attached. The Fire Chief reviewed the report for Committee. Resolution Number COW-13-22/02/11 Councillor Burgess Councillor McTaggart: Be it resolved that the Committee of the Whole recommend to Township Council to adopt Policy FS-001-POL being a policy for the Fire Department Joint Health and Safety Committee Terms of Reference. 2. Report from the Fire Chief Re: Municipal Forest Fire Management Agreement. A copy of the report is attached. The Fire Chief outlined the requirement for the Municipal Forest Fire Management Agreement with the Ministry of Natural Resources. COMMITTEE OF THE WHOLE MINUTES February 22, 2011 PAGE # 12

29 Resolution Number COW-14-22/02/11 Councillor McTaggart - Councillor Burgess: Be it resolved that the Committee of the Whole recommend to Township Council that a one (1) year Municipal Forest Fire Management Agreement be struck with the Ministry of Natural Resources. 3. Report from the Fire Chief Re: Doors Open Muskoka Port Carling Fire Station. A copy of the report is attached. The Fire Chief highlighted the report advising that it is an opportunity to showcase the Port Carling fire station. Resolution Number COW-15-22/02/11 Councillor McTaggart Councillor Furniss: Be it resolved that the Committee of the Whole recommend to Township Council that the event Doors Open Muskoka 2011 include the new fire station in Port Carling as a point of interest for the event and that the Fire Chief be directed to sign the agreement to allow the use of the fire station. 4. Minutes of the Township Health and Safety Committee meeting held on November 25, Information item. d. Parks, Trails and Libraries Chair McTaggart and Vice Chair Nishikawa 1. Report from the Manager of Parks, Recreation and Facilities Re: Bala Communities in Bloom Work Plan Funding Request. A copy of the report is attached. This item was deferred to the Thursday February 24, 2011 Special Committee of the Whole Budget Introduction Meeting. 2. Report from the Manager of Parks, Recreation and Facilities Re: Bala Falls Triathlon Multisport Canada. A copy of the report is attached. The Manager of Parks, Recreation and Facilities reviewed the report and answered questions for Committee. COMMITTEE OF THE WHOLE MINUTES February 22, 2011 PAGE # 13

30 Resolution Number COW-16-22/02/11 Councillor Edwards Councillor Burgess: Be it resolved that the Committee of the Whole recommend to Township Council that the 15 th Annual Bala Falls Triathlon, to be held on Sunday July 24 th, 2011, be approved in accordance with MultiSport Canada s correspondence, subject to the conditions as stipulated in the staff report dated February 22, And further that the District Municipality of Muskoka be requested to close District Road #38 west bound from District Road #169 to Hurling Point Road from 8:00 a.m. 12:00 noon on Sunday July 24 th, 2011 for the purposes of holding the 15 th Annual Bala Falls Triathlon. 3. Report from the Manager of Parks, Recreation and Facilities Re: Port Carling Communities in Bloom Funding Request. A copy of the report is attached. This item was deferred to the Thursday February 24, 2011 Special Committee of the Whole Budget Introduction Meeting. 4. Report from the Manager of Parks, Recreation and Facilities Re: Windermere & District Lions Club Windermere Docks Fun Day. A copy of the report is attached. The Manager of Parks, Recreation and Facilities summarized the Windermere Lions request. Resolution Number COW-17-22/02/11 Councillor McTavish Councillor Burgess: Be it resolved that the Committee of the Whole recommends to Township Council that permission be granted to the Windermere & District Lions Club for use of the Windermere Village Docks on Wednesday July 20, 2011 from 11:00 a.m. to 10:00 p.m. for the hosting of their annual Fun Day events as per conditions specified in the staff report dated February 22, New and Unfinished Business a. None. COMMITTEE OF THE WHOLE MINUTES February 22, 2011 PAGE # 14