THE DISTRICT MUNICIPALITY OF MUSKOKA DISTRICT COUNCIL MEETING NO. 7(2016) MINUTES

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1 THE DISTRICT MUNICIPALITY OF MUSKOKA DISTRICT COUNCIL MEETING NO. 7(2016) MINUTES The Council of The District Municipality of Muskoka met in the Council Chamber, District Administration Building at 7:00 p.m. on Monday, June 20, PRESENT: District Chair J. Klinck and all other members of Council except S. Aitchison, S. Cairns OFFICIALS PRESENT: ALSO PRESENT: M. Duben, Chief Administrative Officer; J. Stevens, Commissioner of Finance & Corporate Services; F. Jahn, Commissioner of Engineering & Public Works; S. Hastings, Commissioner of Planning & Economic Development; R. Williams, Commissioner of Community Services; J. Clow, District Solicitor; D. Crowder, District Clerk A. Landry, Director, Human Resources; C. Glover, Manager, Human Resources; J. McWilliam, Chief, Paramedic Services and Emergency Planning; M. Ross, Communications Officer; K. Hastings, Summer Student, Community Services CALL TO ORDER Chair Klinck called the meeting to order at 7:01 p.m. ACKNOWLEDGEMENT OF SUPPLEMENTARY AGENDA Chair Klinck noted that there were no additional agenda items and introduced Jeff McWilliam, Chief, Paramedic Services and Emergency Planning. DECLARATION OF PECUNIARY INTERESTS Councillor G. Smith declared a pecuniary interest with respect to the award of Contract Nos , C, and C within the Engineering and Public Works Committee minutes due to a contractual relationship. He also declared a pecuniary interest with respect to Resolution No. R77/2016-PW within the Engineering and Public Works minutes for business reasons. Councillor Giaschi-Pacini declared an indirect pecuniary interest with respect to the closed session item regarding CUPE bargaining for family reasons. PREVIOUS COUNCIL MEETINGS REVIEW OF MINUTES FOR CORRECTNESS a) 6(2016) May 16, 2016 No errors or omissions.

2 COMMITTEE REPORTS a) Engineering & Public Works PW May 18, 2016 i) Review of Minutes for Correctness No errors or omissions. ii) Committee Report Councillor Harding highlighted the minutes of the May 18, 2016 meeting of the Engineering & Public Works Committee and the following motion was introduced: Moved by P. Harding and seconded by L. Braid P97/2016 THAT all recommendations contained in the minutes of the Engineering & Public Works Committee meeting No. PW held on May 18, 2016 BE ADOPTED. Use of Certain District of Muskoka Roads by Off-Road Vehicles on a Conditional Basis within the Township of Muskoka Lakes By way of written request, Councillors P. Harding and L. Braid requested that Resolution No. R73/2016-PW be removed from the minutes and voted on separately. The Resolution reads as follows: Moved by L. Braid and seconded by S. Baker R73/2016-PW THAT a by-law BE PREPARED to allow for the use of off-road vehicles (ORVs) on the following District roads within the Township of Muskoka Lakes on a one-year conditional basis, during daylight hours only and subject to conditions deemed appropriate by the District Solicitor: Road From To Muskoka Road 47 Muskoka Road 118 Town of Bracebridge Boundary (Falkenburg/Hewlitt Road) Muskoka Road 13 Muskoka Road 169 Town of Gravenhurst Boundary (Southwood Road) Muskoka Road 38 Muskoka Road 169 Township of Georgian Bay Boundary The entire lengths of the following District Roads: Muskoka Road No. 4 (Windermere Road/Raymond Road) Muskoka Road No. 25 (Brackenrig Road) Muskoka Road No. 26 (Foreman Road/Mortimer s Point Road) Muskoka Road No. 27 (Ferndale Road) Muskoka Road No. 29 (Acton Island Road) Muskoka Road No. 30 (Walker s Point Road)

3 Councillor Harding further suggested that the matter be referred back to the Engineering and Public Works Committee in order to discuss the possibility of allowing ORVs on all District roads in Muskoka Lakes and the following motion was introduced: Moved by P. Harding and seconded by L. Braid P98/2016 THAT Resolution No. R73/2016-PW BE REFERRED back to the Engineering and Public Works Committee for further discussion. The following main motion was then reintroduced as amended: Moved by P. Harding and seconded by L. Braid P97/2016 THAT all recommendations contained in the minutes of the Engineering & Public Works Committee meeting No. PW held on May 18, 2016 BE ADOPTED, with the deletion of Resolution No. R73/2016-PW. b) Community Services CS May 18, 2016 i) Review of Minutes for Correctness No errors or omissions. ii) Committee Report Councillor Clement highlighted the minutes of the May 18, 2016 meeting of the Community Services Committee. Moved by S. Clement and seconded by P. Cooper P99/2016 THAT all recommendations contained in the minutes of the Community Services Committee meeting No. CS held on May 18, 2016 BE ADOPTED. c) Planning & Economic Development PED May 19, 2016 i) Review of Minutes for Correctness No errors or omissions.

4 ii) Committee Report Councillor Wiancko highlighted the minutes of the May 19, 2016 meeting of the Planning & Economic Development Committee. Approval of Updated Official Plan Township of Lake of Bays (Amendment No. 16 to the Township of Lake of Bays Official Plan) A modification that had been proposed by District staff to require a minimum backlot area of 4 hectares (10 acres) was not recommended by the Planning and Economic Development Committee to Council. In this regard, Committee supported a reduction in the size of backlots from 4 hectares (10 acres) to 3 hectares (7 acres). The likelihood of the Official Plan Amendment being appealed to the Ontario Municipal Board was also discussed and potential costs associated with the appeal. Moved by P. Kelly and seconded by P. Harding P100/2016 THAT all recommendations contained in the minutes of the Planning & Economic Development Committee meeting No. PED held on May 19, 2016 BE ADOPTED. d) Corporate & Emergency Services CES May 19, 2016 i) Review of Minutes for Correctness No errors or omissions. ii) Committee Report Councillor G. Smith highlighted the minutes of the May 19, 2016 meeting of the Corporate & Emergency Services Committee. Moved by G. Smith and seconded by K. Terziano P101/2016 THAT all recommendations contained in the minutes of the Corporate & Emergency Services Committee meeting No. CES held on May 19, 2016 BE ADOPTED. CORRESPONDENCE/WRITTEN SUBMISSIONS All correspondence listed is a matter of public record. Should any member of Council or the public wish to receive full copies, please contact the Clerk s department.

5 1. THE CITY OF CORNWALL, THE TOWNSHIP OF AUGUSTA, THE MUNICIPALITY OF MARMORA AND LAKE, CHAMPLAIN TOWNSHIP, RICHMOND HILL, and the TOWNSHIP OF MINDEN HILLS passed resolutions regarding support for Bill 158 (Human Trafficking). (Referred to the District Chair, CAO, and Community Services department) (Reference , , , , , ) 2. THE TOWNSHIP OF WELLINGTON NORTH passed a resolution regarding a request to the Province of Ontario to implement a ban on door-to-door sales for electricity and natural gas contracts by passing the Strengthening Consumer Protection and Electricity System Oversight Act, (Referred to the District Chair, CAO, and Community Services department) (Reference ) 3. THE CITY OF KINGSTON passed a resolution regarding a request to the Province of Ontario to adopt a Building Code Amendment to incorporate 220V outputs in all new buildings and major renovations to accommodate charging stations for electric vehicles. (Referred to the District Chair, CAO and Finance and Planning departments) (Reference ) 4. THE TOWNSHIP OF RUSSELL and THE TOWNSHIP OF GILLIES passed resolutions regarding a request to the Government of Ontario to reconsider the suspension of and the integration of the Rural Economic Development (RED) Program into the Jobs and Prosperity Fund. (Referred to the District Chair, CAO, and Finance, Planning, Public Works and Community Services departments) (Reference , ) 5. THE TOWNSHIP OF LAKE OF BAYS passed a resolution directing Township staff to initiate discussions with the District to improve the safety along District Road # 22. (Referred to the District Chair, CAO, and Finance, Public Works, Planning and Legal departments) (Reference ) 6. THE TOWNSHIP OF MUSKOKA LAKES passed a resolution supporting AMO s Call to Action Support for Fort McMurray and further challenged Muskoka municipalities to match the Township of Muskoka Lakes donation of $5,000. (Referred to the District Chair, CAO, and Finance department) (Reference ) 7. THE TOWNSHIP OF AUGUSTA, TAY VALLEY TOWNSHIP, THE TOWNSHIP OF GILLIES, THE TOWNSHIP OF HORNEPAYNE, THE TOWN OF AMHERSTBURG, THE COUNTY OF HURON, THE TOWN OF PELHAM and THE TOWN OF GANANOQUE passed resolutions regarding Lyme Disease. (Referred to the District Chair, CAO and Community Services department) (Reference , , , , , , , ) 8. THE TOWN OF BRACEBRIDGE passed a resolution regarding the feasibility of implementing a permit system to monitor and regulate site alteration within the Town of Bracebridge. (Referred to the District Chair, CAO, Public Works, Planning and Legal departments) (Reference ) 9. THE MINISTRY OF NATURAL RESOURCES AND FORESTRY acknowledged receipt of and responded to District Chair Klinck s letter regarding water levels on Lake Muskoka. (Referred to the District Chair, CAO, Public Works and Planning departments) (Reference )

6 10. THE TOWNSHIP OF GILLIES passed a resolution in support of Bill 180 (Workers Day of Mourning Act, 2016). (Referred to the District Chair, CAO, and Human Resources department) (Reference ) 11. THE TOWNSHIP OF GILLIES passed a resolution regarding its support for the development of Provincial Legislation for Private Supportive Living Accommodations. (Referred to the District Chair, CAO, and Planning and Community Services departments) (Reference ) 12. TAY VALLEY TOWNSHIP passed a resolution regarding the enforcement of No Wake Zone restrictions in Ontario s navigable waters. (Referred to the District Chair and CAO) (Reference ) 13. THE TOWNSHIP OF LAKE OF BAYS passed a resolution regarding its support of Huntsville Resolution No and calls for the Minister of Health to help solve the funding inequities faced by MAHC. (Referred to the District Chair, CAO, and Finance, Public Works, Planning and Community Services departments) (Reference ) 14. THE TOWNSHIP OF GILLIES, THE TOWN OF AMHERSTBURG and THE CITY OF HAMILTON passed resolutions regarding Cutbacks to Behavioural Therapy for Children Affected by Autism Spectrum Disorder. (Referred to the District Chair, CAO, and Community Services department) (Reference , , ) 15. THE MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING provided updated contact information for the Municipal Services Office Central Ontario Staff and Services. (Referred to the CAO, and Finance, Public Works, Planning, Community Services, and Legal departments) (Reference ) 16. BRUCE MACLELLAN noted his opposition to the proposed Amendment No. 16 to the Lake of Bays Official Plan. (Referred to the District Chair, CAO, and Planning department) (Reference ) 17. THE TOWNSHIP OF SOUTH WEST OXFORD passed a resolution requesting that the Ontario Good Roads Association (OGRA) and Rural Ontario Municipal Association (ROMA) conferences be combined. (Referred to the District Chair, CAO, and Public Works department) (Reference ) 18. THE TOWN OF GANANOQUE passed a resolution encouraging the Province of Ontario to regulate fuel prices to the levels that are affordable and profitable as in jurisdictions within Ontario that have lower fuel prices. (Referred to the District Chair, CAO, and Finance, Public Works, Planning and Community Services departments) (Reference ) 19. THE TOWN OF HUNTSVILLE passed a resolution regarding the jurisdiction of the Ontario Municipal Board. (Referred to the District Chair, CAO, and Planning and Legal departments) (Reference ) 20. YWCA MUSKOKA provided information relating to its 2 nd Annual YWalk4Women&Girls event that is scheduled between August 8 and August 16, Councillors are invited to sponsor or participate in the event. (Referred to the District Chair, CAO, and Finance, Public Works, Planning and Community Services departments) (Reference )

7 21. THE PROVINCE OF ONTARIO released details regarding the New Climate Change Action Plan. (Referred to the District Chair, CAO, and Finance, Public Works and Planning departments) (Reference ) 22. THE TOWN OF BRACEBRIDGE passed a resolution responding to a challenge issued by the Association of Municipalities of Ontario (AMO) regarding donations for Fort McMurray. (Referred to the District Chair, CAO, and Finance department) 23. THE TOWNSHIP OF LAKE OF BAYS provided a copy of a letter sent to all Area Municipalities regarding a Request for Support of Equal Representation at District of Muskoka Council. (Referred to the District Chair, CAO, and the Finance, Public Works, Planning, Community Services, and Legal departments) (Reference ) 24. THE LAKE OF BAYS ASSOCIATION noted two concerns regarding the proposed Amendment No. 16 to the Lake of Bays Official Plan. (Referred to the District Chair, CAO, and Planning department) (Reference ) 25. CATHY CRONIN AND JOHN PUFFER indicated their support for the Lake of Bays Association relating to the proposed Amendment No. 16 to the Lake of Bays Official Plan. (Referred to the District Chair, CAO, and Planning department) MOTIONS a) Transfer of Property to the Town of Bracebridge Report No. PW Councillors L. Giaschi-Pacini and S. Clement requested that the following motion be considered by Council. Chair Klinck referred to the information report that was provided under New Business containing the additional information as requested by the Engineering and Public Works Committee when the item was deferred at the May 18, 2016 Committee meeting. Councillor Giaschi-Pacini provided a historical overview of the property and Councillor G. Smith advised that because Ecclestone Drive is a gateway into the community, it is the Town s intention to retain the property in order to provide an attractive green buffer along the road as the back of the housing units would be otherwise visible. Moved by L. Giaschi-Pacini and seconded by S. Clement 102/2016 THAT the portion of the road allowance for Muskoka Road 16 described as Part 5, 35M-685 PIN , located on Ecclestone Drive at Shaw Street BE DECLARED SURPLUS; AND THAT the land described above be stopped up, closed and conveyed to the Town of Bracebridge for the sum of $2.00; AND THAT the said conveyance be subject to an easement in favour of utilities as may be required;

8 AND THAT the Town of Bracebridge cover all legal, administrative and other costs associated with completion of the transaction; AND THAT the District Chair and Clerk BE AUTHORIZED to execute all related documents on behalf of The District Municipality of Muskoka. NEW BUSINESS a) Upcoming Contract Awards Engineering and Public Works It was noted that the following contract will be recommended for award by the Engineering and Public Works Committee at its June 22, 2016 meeting in accordance with sections 6.4(iii) and 6.24 of Schedule A to Procurement By-law , as amended: i) Contract No Micro-Surfacing - Various Muskoka Roads b) Upcoming Contract Award Corporate and Emergency Services It was noted that the following contract will be recommended for award by the Corporate and Emergency Services Committee at its June 23, 2016 meeting in accordance with sections 6.4(iii) and 6.23 of Schedule A to Procurement By-law , as amended: i) Request for Proposal No. No Design Build Bracebridge Fire and Ambulance Station Construction c) Transfer of Property to the Town of Bracebridge Report No. 7(2016)-1 This report was provided to offer further information as requested by the Engineering and Public Works Committee at its May 18, 2016 meeting. d) Temporary No Parking Zone Muskoka Road No. 15 (Santa s Village Road), Town of Bracebridge 54 th Annual Muskoka Arts and Crafts Summer Show Report No. 7(2016)-2 Moved by D. Smith and seconded by G. Smith 103/2016 THAT a by-law BE PREPARED to create a temporary no-parking zone along the north side of Muskoka Road 15 (Santa s Village Road), between Muskoka Road 118 (Wellington Street) and Brofoco Drive from 10:00 a.m. on Friday, July 15, 2016, to 7:00 p.m. on Sunday, July 17, 2016 in support of the Muskoka Arts and Crafts Annual Summer Show.

9 BY-LAWS/IMPLEMENTATION BY-LAWS As a result of Resolution No. R73/2016-PW regarding ORVs on District Roads in the Township of Muskoka Lakes being referred back to the Engineering and Public Works Committee for further discussion, By-law No was removed from the following list: Moved by K. Terziano and seconded by G. Smith P104/2016 THAT by-laws for first and second reading be numbered and entitled: Being a by-law to modify and approve as modified Amendment No. 16 to the Official Plan of the Township of Lake of Bays Being a by-law to amend By-law (being a by-law to update certain delegation by-laws (Planning Act, 1990, Condominium Act, 1998)) Being a by-law to amend By-law (being a by-law to prescribe fees for various Planning Act, 1990, and Condominium Act, 1998 applications) Being a by-law to establish speed limits on Muskoka Road No. 9 (South Portage Road Town of Huntsville) Being a by-law to temporarily prohibit parking on a portion of Muskoka District Road No. 15 (2016 Muskoka Arts and Crafts Summer Show) AND THAT the by-laws be read a first and second time. Moved by R. Lacroix and seconded by R. Nishikawa P105/2016 CLOSED SESSION THAT by-laws read a first and second time and numbered , , , and be read a third time and finally passed. Chair Klinck called a brief recess and reconvened at 8:24 p.m. Councillor Giaschi-Pacini left the meeting at 8:19 p.m.

10 Moved by R. Nishikawa and seconded by R. Lacroix P106/2016 THAT we do now retire to Muskoka District Council in closed session to discuss CUPE Local 1813 bargaining pursuant to the following subsection of Section 239(2) of the Municipal Act, 2001, as amended: (d) labour relations or employee negotiations. Moved by R. Nishikawa and seconded by R. Lacroix P107/2016 THAT we do now rise from Muskoka District Council in closed session and immediately reconvene in open session. a) CUPE Local 1813 Bargaining CONFIRMING BY-LAW Moved by B. Thompson and seconded by P. Kelly 108/2016 THAT the Memorandum of Agreement between The District Municipality of Muskoka and Canadian Union of Public Employees and its Local 1813 representing Inside and Outside employees dated June 2, 2016 be ratified. Moved by L. Braid and seconded by S. Baker P109/2016 THAT By-law being a By-law to confirm the proceedings of the Council of The District Municipality of Muskoka at this meeting held on the 20 th day of June, 2016 be amended by the addition of resolutions 102/2016, 103/2016, 108/2016; AND the deletion of Resolution No. R73/2016-PW; AND THAT the by-law, as amended, be read and passed.

11 ADJOURNMENT Moved by A. Edwards and seconded by P. Donaldson P110/2016 THAT we do now adjourn to meet again on Monday, July 18, 2016 or at the call of the Chair. The meeting adjourned at 8:46 p.m. District Chair District Clerk