THE DISTRICT MUNICIPALITY OF MUSKOKA DISTRICT COUNCIL MEETING NO. 2(2003)

THE DISTRICT MUNICIPALITY OF MUSKOKA DISTRICT COUNCIL MEETING NO. 2(2003) The Council of The District Municipality of Muskoka met in the Council Chamber of the District Administration Building on Pine Street, Bracebridge at 7:00 p.m. on Monday, February 3, 2003. PRESENT: OFFICIALS PRESENT: ALSO PRESENT: Chair G. Adams and all other members of District Council except H. Coupland, H. Mackenzie, T. Pinckard J. Green, Chief Administrative Officer; J. McRae, Commissioner of Finance & Corporate Services; T. White, Commissioner of Engineering & Public Works; M. French, Commissioner of Planning & Economic Development; I. Turnbull, Commissioner of Community Services; D. Royston, District Solicitor; M. Wylie, District Clerk and Director of Corporate Services M. Durnan, Director of Finance; C. Lees, Executive Assistant CALL TO ORDER Chair Adams called the meeting to order at 7:00 p.m. ACKNOWLEDGEMENT OF SUPPLEMENTARY MOTIONS LIST Chair Adams noted additions to the agenda which included a resolution to appoint an inspector for the purposes of By-law 2002-4 and to approve a proposal with respect to the Norwegian- Canadian Memorial and Cultural Heritage Centre. DISCLOSURE OF CONFLICTS OF INTEREST RE: COUNCIL MINUTES AND COMMITTEE REPORTS None were declared. DISTRICT COUNCIL MINUTES Moved by S. Miglin and seconded by J. Klinck COMMITTEE REPORTS THAT the minutes of District Council meeting No. 1(2003) held on January 13, 2003 be adopted. a) Planning & Economic Development PED-19-2002 b) Planning & Economic Development PED-20-2002

c) Planning & Economic Development PED-1-2003 c) Planning & Economic Development PED-2-2003 Councillor Boivin highlighted the minutes of the December 10, 2002, December 19, 2002, January 10, 2003 and January 13, 2003 meetings of the Planning & Economic Development Committee. Moved by S. Aitchison and seconded by B. Colhoun THAT the minutes of the Planning & Economic Development Committee meeting No. PED-19-2002 held on December 10, 2002 be adopted. Moved by B. Colhoun and seconded by S. Aitchison THAT the minutes of the Planning & Economic Development Committee meeting No. PED-20-2002 held on December 19, 2002 be adopted. Moved by M. Stevenson and seconded by B. Colhoun THAT the minutes of the Planning & Economic Development Committee meeting No. PED-1-2003 held on January 10, 2003 be adopted. Moved by S. Aitchison and seconded by B. Colhoun THAT the minutes of the Planning & Economic Development Committee meeting No. PED-2-2003 held on January 13, 2003 be adopted. e) Engineering & Public Works PW-1-2003 Councillor Dymond highlighted the minutes of the January 15, 2003 meeting of the Engineering & Public Works Committee. i) Waste Disposal In response to a question from Councillor Boivin regarding the capacity of the landfill sites, Mr. White advised that the existing inventory will last approximately 15 years.

ii) Road Maintenance Standards In response to a comment from Councillor Klinck regarding the classification of Highway #169, Mr. White advised that roads are classified according to their traffic volumes and the posted speed limit. He noted that current standards in Muskoka meet or exceed those outlined in Regulation 239/02 and the formal acknowledgement of this situation will protect Muskoka from liability in the event of a claim regarding maintenance. Moved by J. Dymond and seconded by B. Colhoun THAT the minutes of the Engineering & Public Works Committee meeting No. PW-1-2003 held on January 15, 2003 be adopted. f) Corporate & Emergency Services CES-1-2003 Councillor Pryke highlighted the minutes of the January 17, 2003 meeting of the Corporate & Emergency Services Committee. Moved by S. Pryke and seconded by J. Klinck THAT the minutes of the Corporate & Emergency Services Committee meeting No. CES-1-2003 held on January 17, 2003 be adopted. g) Board of Health Muskoka-Parry Sound Health Unit Councillor Boivin highlighted the minutes of the December 19, 2002 and January 16, 2003 meetings of the Board of Health Muskoka-Parry Sound Health Unit. CORRESPONDENCE: 1. STUART & CRUICKSHANK, Barristers and Solicitors has requested Muskoka s comments respecting the proposed closure of part of the Original Shore Road Allowance in front of Lot 10, Concession 12, Morrison Ward, Town of Gravenhurst (Zsargo). (Received January 8, 2003) (Referred to Engineering Department) 2. STUART & CRUICKSHANK, Barristers and Solicitors has requested Muskoka s comments respecting the proposed closure of part of the Original Shore Road Allowance in front of Lot 1, Concession 6, Morrison Ward, Town of Gravenhurst (Bernstein). (Received January 8, 2003) (Referred to Engineering Department)

3. THE REGIONAL MUNICIPALITY OF NIAGARA has requested Muskoka s support of a resolution passed by their council On December 19, 2002 petitioning the Minister of Municipal Affairs and Housing to change the legislation so that Councillors, on an individual basis, may opt out of the one-third tax-free provision. (Received January 9, 2003) (Referred to Treasury Department) 4. THE MUNICIPALITY OF WEST ELGIN has requested Muskoka s support of a resolution passed by their council on January 7, 2003 requesting that all rural school closings be stopped and that the province recommit to adequate funding of education and that a process be established where broader social costs are considered and quantified before decisions are made to close rural schools. (Received January 9, 2003) 5. THE TOWNSHIP OF GEORGIAN BAY has requested Muskoka s comments respecting the following proposed shore road allowance closings in front of: William Lawrence Lot 3, Conc. 10, Baxter, designated as Pts. 3 & 4, Plan 35R-196456 Simon & Hendrika Kranendonk Lot 23, Conc. 9, Baxter, designated as Part 1, Plan 35R-19626 Harold Toivanen Island M, Six Mile Lake, Baxter, designated as Part 1, Plan 35R-19603 Chris & Bogna Crenson Lot 17, Conc. 12, Baxter, designated as Part 1, Plan 35R-19611 Chris & Sandra Fellows Lot 1,Conc. 8, Freeman, designated as Part 1, Plan 35R-19650 Jessop, Topic, Hosegood, Zammit, Cziraky Lot 14, Conc. 14, Baxter, designated as Parts 1,2,3,4, Plan 35R-19535 John Altenburger Lot 38, Conc. 10, Baxter, designated as Parts 1,2,3,4,5 & 6, Plan 35R-19576 Banman Developments Inc. Lot 23,Conc. 10, Baxter, designated as Parts 6 & 7, Plan 35R-19670 (Received January 10, 2003) (Referred to Engineering Department) 6. THOMS & CURRIE, Barristers & Solicitors has requested Muskoka s comments respecting the proposed closing of part of the original shore road allowance in front of Lot 12, Concession 3, Franklin Ward, Township of Lake of Bays being Lot 3 on Plan M- 141. (Snell) (Received January 10, 2003) (Referred to Engineering Department) 7. THE MUSKOKA-PARRY SOUND HEALTH UNIT has forwarded a copy of a resolution passed by the Board of Health at their December 19, 2002 meeting encouraging the Ministry of Health and Long-Term Care to provide funding for municipalities to support their work towards and implementation of 100% smoke-free by-law. (Received January 15, 2003) (Referred to Treasury Department) 8. THE COUNTY OF HURON has requested Muskoka s support of a resolution adopted by their Council on January 9, 2003 petitioning the Province of Ontario to allow all Counties and Regions to access the information supplied by the Road Weather Information System which would be of great assistance to all roads departments throughout the province when performing winter operations. (Received January 15, 2003) (Referred to Engineering Department)

9. THE HON. CHRIS HODGSON, Minister of Municipal Affairs and Housing has written to outline opportunities for municipalities to take advantage of the Canada-Ontario Affordable Housing program. (Received January 20, 2003) (Referred to Treasury and Community Services Departments) 10. STUART & CRUICKSHANK, Barristers and Solicitors, has requested Muskoka s comments respecting the proposed closure of part of the original shore road allowance in front of Lot 28, Concession 1, Morrison Ward, Town of Gravenhurst (Csorba). (Received January 22, 2003) (Referred to Engineering Department) 11. ACRES & ASSOCIATED ENVIRONMENTAL LIMITED has advised that the Ministry of Natural Resources, Southcentral Region has initiated a planning process to review operational strategies for the Go Home Lake dam. The firm has been commissioned by the MNR to undertake a Class Environmental Assessment to develop and assess potential options for the dam. Acres & Associated has requested that Muskoka review the public notice material and provide any comments, concerns and/or background information by February 28, 2003. (Received January 23, 2003) (Referred to Engineering and Planning Departments) MOTIONS a) Township of Lake of Bays Shared Services Request Chair Adams advised that he had sent a letter to the Deputy Minister of Municipal Affairs requesting that the Ministry review the shared services proposal. Ministry representatives indicated that they would provide a response before the next District Council meeting scheduled for February 24, 2003. Chair Adams suggested, and Council agreed, that the matter be deferred until that time. He also suggested that, in the interim, staff be permitted to assist the Township during its budget process if requested to do so. b) Muskoka Municipal Taxation Task Force Chair Adams referred to the proposed resolution regarding the appointment of the Ad Hoc Committee and advised that he had already asked Councillor Mackenzie to act as the Chair for the Committee. He requested and received permission to remove the reference to the Chair selection from the resolution. With respect to membership, Chair Adams advised that two members represented the largest urban and the largest rural municipalities in Muskoka; he would represent the rest of the District and as well, he proposed two citizen members. Councillor Fairfield suggested that it would be appropriate to add John Young to the Committee as he was a member of the original Task Force.

Moved by S. Miglin and seconded by J. Klinck 8/2003 THAT the Muskoka Taxation Task Force Ad Hoc Committee be comprised of the following members: Alan Morson and David Johnstone representing the public, and Councillor Mackenzie, Councillor Pryke and District Chair Adams representing The District Municipality of Muskoka; AND THAT the Committee report to District Council on its progress with the Province regarding the implementation of the recommendations contained in Resolution # s 63/2002, 64/2002, 65/2002, 66/2002, 67/2002 and 68/2002 respecting the Muskoka Municipal Taxation Task Force Report. BY-LAWS Moved by B. Colhoun and seconded by J. Dymond THAT By-laws first reading be numbered and entitled: 2003-1 Being a by-law to approve Amendment No. 33 to the Official Plan of the Town of Huntsville (Dobson West Road/Centre Street North) 2003-2 Being a by-law to approve Amendment No. 34 to the Official Plan of the Town of Huntsville (Canadian Tire Real Estate Limited) 2003-3 Being a by-law to authorize construction of waterworks (Beach Road Water Treatment Plan Gravenhurst) 2003-7 Being a by-law to authorize the fluoridation of municipal water supplies throughout Muskoka 2003-8 Being a by-law to update By-law 2002-23 (Port Carling Locks) 2003-9 Being a by-law to exempt certain properties from certain taxes (Legions) AND THAT the by-laws be read a first time.

Moved by B. Colhoun and seconded by J. Dymond THAT By-laws read a first time and numbered 2003-1, 2003-2, 2003-3, 2003-7, 2003-8 and 2003-9 be read a second time. Councillor Young advised that he had concern with respect to the addition of fluoride to drinking water and would not support By-law 2003-7. Mr. White advised that the addition of fluoride had been the practice for several years in most of the water treatment facilities in Muskoka and it was suggested that this be recognized in a consolidated by-law in order to be consistent. He stated that the By-law reflected a recommendation made at the Engineering & Public Works Committee and adopted by Council late last year. Chair Adams requested and received permission for third reading of the by-laws. Moved by M. Kennedy and seconded by S. Miglin NEW BUSINESS THAT By-laws read a first and second time and numbered 2003-1, 2003-2, 2003-3, 2003-7, 2003-8 and 2003-9 be read a third time and finally passed. a) Disclosure of Conflicts of Interest re: Supplementary Motions List Councillors Howe and Stevenson declared a conflict of interest with respect to the motion regarding the appointment of a inspector for the purposes of By-law 2002-4 (Smoking By-law) and did not vote on the motion. b) Upcoming Tender Awards Chair Adams noted that the tender proposed to be awarded at the February 5, 2003 meeting of the Engineering & Public Works Committee would be delayed until the Committee s February 26 th meeting. c) Appointment of Inspector By-law 2002-4 (Smoking By-law) Moved by S. Miglin and seconded by M. Kennedy 9/2003 BE IT RESOLVED THAT Steven Easton shall be and is hereby appointed an inspector for the purposes of By-law 2002-4 (Smoking By-law) and that the appointment be deemed to have come into force on January 1, 2003.

d) Appointment of Consultants Feasibility Study/Business Plan Muskoka Airport Moved by S. Aitchison and seconded by B. Colhoun 10/2003 THAT the proposal dated December 11, 2002 as submitted by Lord Cultural Resources Planning & Management Inc. be approved; AND THAT Lord Cultural Resources Planning & Management Inc. be engaged to complete the Feasibility Study and Business Plan for the Norwegian-Canadian Memorial and Cultural Heritage Centre at a cost not to exceed $54,245 + GST and subject to 50% FedNor funding and 25% funding by Norway. e) Resolution 8/2003 Muskoka Taxation Task Force Ad Hoc Committee Councillor Glennie proposed that the resolution appointing the Muskoka Taxation Task Force Ad Hoc Committee be revisited in order to consider Councillor Fairfield s suggestion that John Young be added to the membership. Moved by A. Fairfield and seconded by B. Glennie 11/2003 BE IT RESOLVED THAT leave be granted under Rule 26(b)(iv) of District Procedure By-law 85-89, as amended, that Rules of Procedure be suspended. Council discussed the potential addition of Mr. Young to the Ad Hoc Committee. Chair Adams stated that in considering the appointment of the Committee members he felt it was important to ensure accountability which he felt was reflected in his choice of two members of the public and three elected officials. He also commented that he did not feel the addition of another member would make the Committee any more effective. Councillor Fairfield felt that the original Task Force was accountable despite the fact that only 1/3 of its members were political and she did not see any harm in adding Mr. Young to the Committee. Several members of Council commented that they did not feel it was appropriate to add additional members. Councillor Peake suggested that Mr. Young would be an effective addition to the Committee. Moved by A. Fairfield and seconded by B. Glennie 12/2003 THAT John Young be added to the membership of the Muskoka Taxation Task Force Ad Hoc Committee. Defeated.

Moved by B. Boivin and seconded by S. Aitchison 13/2003 CONFIRMING BY-LAW 2003-10 THAT the Rules of Procedure be re-instated. Moved by M. Stevenson and seconded by B. Glennie ADJOURNMENT THAT By-law 2003-10 being a by-law to confirm the proceedings of the Council of The District Municipality of Muskoka at this meeting held on the 3 rd day of February, 2003 be amended by the addition of Resolutions 8/2003, 9/2003, 10/2003, 11/2003, 12/2003 and 13/2003; AND THAT, the by-law, as amended, be read and passed. Moved by J. Peake and seconded by T. Pilger THAT we do now adjourn to meet again on Monday, February 24, 2003 or at the call of the Chair. District Chair District Clerk