Township of Georgian Bay Minutes of the Regular Council Meeting Tuesday October 11, 2016 9:00 AM 99 Lone Pine Road, Port Severn Ontario Councillors Present Mayor Braid Councillor Bochek Councillor Cooper Councillor Douglas Councillor Edwards Councillor Kay Councillor Wiancko Staff Present Laurie Kennard, CAO Jane Corbeil, Director of Financial Services / Treasurer Connie Devlin, Director of Human Resources / Health and Safety Gord Dickson, Manager of Planning Dave Fedoriw, Chief Building Official Jessica Gunby, Clerk (A) Amber McDonald, Deputy Clerk (A) Nick Popovich, Director of Development Services Brad Sokach, Director of Operations Tony VanDam, Director of Protection Services Call to Order 9:00 a.m. Declaration of Pecuniary Interest There were no declarations of Pecuniary Interest Closed Session Councillor Cooper requested that Haskett s Drive and Island 136b be added to the agenda. C-242-2016 WHEREAS, section 239(2) of the Municipal Act, 2001,as amended provides authority for Councils of Municipalities to close a meeting, or parts of a meeting, to the public if the subject matter pertains to a matter identified in Section 239(2);
AND WHEREAS the Council of the Township of Georgian Bay deems it necessary to close this portion of the meeting in order to address matters under the following Sections of 239(2); a) Procedural Matter - Adoption of Closed Session minutes from September 12, 2016 b) Personal matters about an identifiable individual, including municipal or local board employees: RE: Personnel Update (Verbal) c) Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; RE: Zoning Compliance Matter - Update d) Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; RE: Haskett s Drive Matter e) Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; RE: Island 136b NOW BE IT RESOLVED THAT the Council of the Township of Georgian Bay moves into a Closed Session of Council at 9:04 a.m. Matters Arising From Closed Session C-243-2016 BE IT RESOLVED THAT the Council of the Township of Georgian Bay rise from Closed Session at 9:28 a.m. without a report. Staff Recognition Lynn Andrews RE: 5 Year Service Award Mayor Braid presented Ms. Andrews with her 5 year service award. Delegations Six Mile Lake Ratepayers Alliance RE: Oversize Cottages on Six Mile Lake - Council's Decision Kristian Graziano, Karen Petrie and Tony Schmidt made a presentation to Council about oversize cottages on Six Mile Lake and asked that the proposed Interim Control By-law being considered later in the meeting not be approved. (https://goo.gl/y9hirp). Andrew Ferguson, OPP RE: Quarterly Report
Mr. Ferguson presented his report to Council (https://goo.gl/jkla9b). Public Meeting held under authority of the Municipal Act Clerk's Report 2016-31 (ELLWOOD) RE: SRA Purchase - 73 Wood's Lane By-laws 2016-88 and 2016-89 Ms. McDonald provided additional information regarding the application; no one from the public had comment. C-244-2016 Bochek / Wiancko BE IT RESOLVED THAT Council pass By-law 2016-88 and 2016-89, being a by-law to stop up and close the Shore Road Allowance adjacent to 73 Woods Lane, and a deeming by-law to deem the property no longer on a plan of subdivision. Clerk's Report 2016-32 (MARSHALL / JELINEK) RE: SRA Purchase - 958 / 966 Hungry Bay Road By-laws 2016-90, 2016-91 and 2016-92 Ms. McDonald provided additional information regarding the report; the applicant was present and stated he required legal access to the water. C-245-2016 BE IT RESOLVED THAT Council pass By-laws 2016-90, 2016-91 and 2016-92, being by-laws to stop up and close the Shore Road Allowances adjacent to 958 and 966 Hungry Bay Road and deeming by-laws to deem the properties no longer on a plan of subdivision. Consent Agenda C-246-2016 Douglas / Bochek BE IT RESOLVED that Council hereby adopts Sections i) to iv) contained in Part 8 - Consent Agenda dated October 11, 2016, as circulated; AND THAT authorization is given for the actions to be taken as may be necessary to give effect to any recommendations that may be contained hereto.
Council/Committee of the Whole Minutes Minutes of the September 12, 2016 Council Meeting C-247-2016 BE IT RESOLVED THAT Council adopt the minutes of the September 12, 2016 Council meeting as circulated. Minutes of the September 12, 2016 Special Council meeting C-248-2016 BE IT RESOLVED THAT Council adopt the minutes of the Special Meeting of Council of September 12, 2016 as circulated. Minutes of the September 13, 2016 Committee of the Whole meeting C-249-2016 Douglas / Bochek BE IT RESOLVED THAT Council adopt the minutes of the September 13, 2016 Committee of the Whole meeting as circulated. Committee of the Whole Recommendations/Resolutions Committee of the Whole Recommendations from the September 13, 2016 meeting C-250-2016 BE IT RESOLVED that Council adopts the following recommendations adopted at the September 12, 2016, Committee of the Whole meeting: C-73-2016 BE IT RESOLVED THAT Committee of the Whole recommends to Council that the following option be selected and that staff be directed to bring a further report in October 2016 regarding controls on oversize cottages on Six Mile Lake: Implement an Interim Control By-law C-75-2016 BE IT RESOLVED THAT Committee of the Whole recommends to Council that the 2017 Municipal operating and capital budgets be prepared in accordance with the schedule set out in Financial Services Report 2016-15, with the Draft 1 presentation and deliberation to be held December 6 and 7, 2016 with the goal of final adoption by Council on February 13, 2017. AND THAT December 2016 Council be moved to December 5, CoW to December 6 and CoA to December 9.
Department Reports Received for Information Operations Report 2016-19 RE: Engineer of Record C-251-2016 BE IT RESOLVED THAT the Ainley Group be appointed as the Township of Georgian Bay s Engineer of Record. Regular Agenda C-252-2016 BE IT RESOLVED THAT Council adopt the agenda of the October 11, 2016 Council meeting as amended: Add Item 13.d) SMCDSB Letter Communications From Mayor and Council Councillor Douglas attended the Northern Policing Committee meeting, took part in the Mayor s Golf Tournament and has been working with constituents on various projects and concerns. Councillor Wiancko attended the Northern Policing Committee meeting, Mayor s Golf Tournament, did water quality testing and did an inspection at a Six Mile Lake property. Councillor Cooper attended meetings at the District where they discussed the ratio of seats from Township and Towns; which has important impacts on items such as the cost of policing being portioned out heavily to the Townships. Councillor Bochek attended the Mayor s Golf Tournament, did some site inspections and would like to thank everyone who worked on the SEGBAY golf tournament. Councillor Edwards reminded everyone that if they have concerns with speeding boats to take pictures and call the OPP. Councillor Kay attended meetings over the month and a boat tour to see Phragmites. Mayor Braid said the CP Holiday Train would be stopping in MacTier on November 29; the speed reduction request for Muskoka Road 33 has been approved at the District; and, the Mayor s Golf Tournament was the best one yet with attendance and money raised (a total is yet TBD).
Communications from CAO Ms. Kennard advised there was still no approval for the Honey Harbour Waterfront Plan funding application from FedNor but the other funder granted an extension until December 30, 2016 to put the entire funding in place. Portfolio Chair and Department Head Reports Development Services Report 2016-51 RE: Port Severn Heights - Phase 2 ZBL By-law 2016-80 Mr. Dickson provided additional information regarding the application and reminded Council the public meeting was held at the last Council meeting in conjunction with the District of Muskoka. C-253-2016 BE IT RESOLVED THAT Council approve By-law 2016-80, being a By-law to establish appropriate zoning standards on a portion of a proposed plan of subdivision ( Phase 2 ) related to the development of Port Severn Heights subdivision. Development Services Report 2016-52 RE: Port Severn Heights - Extension of Draft Approval C-254-2016 BE IT RESOLVED THAT Council recommends to the District of Muskoka that a three (3) year extension of the Conditions of Draft Approval be granted to Port Severn Heights Inc. for the plan of subdivision (File No. S2007-4). Development Services Report 2016-55 RE: Interim Control By-law - Six Mile Lake By-law 2016-93 Mr. Popovich provided additional information regarding the proposed By-law. He clarified that the appeal period to the Ontario Municipal Board is 60 days rather than the usual 30 for planning applications and if the by-law is passed, it will be in effect for no more than one year unless Council approves a further one year extension. However, the by-law does not have to be in effect for one year, but has the option to be if a solution has not been approved.
Councillor Wiancko suggested having a Committee work together with residents on how to fix the issue of oversized cottages in the community. Mr. Popovich advised this would be a staff-driven review at this time; findings will be presented to the Community and Council as early as 2-3 months from now, if the by-law is approved. Councillor Douglas stated that a solution can likely be reached prior to any appeal being heard by the OMB, if one was filed. Staff were given direction to send a letter with pertinent information to residents in Six Mile Lake who this will affect. C-255-2016 Edwards / Douglas BE IT RESOLVED THAT Council approve By-law 2016-93, being an Interim Control By-law for Six Mile Lake, and that Notice of Passage be given in accordance with the Planning Act. Development Services Report 2016-57 RE: Zoning By-law Amendment - 57 Beverly Street, Six Mile Lake (OLAR) By-law 2016-77 Mr. Popovich explained that since the last meeting where this application was deferred, the applicants have proposed to remove the woodshed from the property, remove the porch from the sleeping cabin and reduce the gross floor area (GFA) in the basement for a total GFA request of 325 square metres. He also stated that if approved, it would not be affected by the Interim Control By-law as the application was submitted in March 2016. It was suggested to defer the application until March; the applicants and their agent requested a decision be made at this meeting. C-256-2016 Douglas / Edwards BE IT RESOLVED THAT Council adopts By-law 2016-77, being a By-law to rezone 57 Beverly Street to a site specific Six Mile Lake Residential Exception Twenty (SR6-20) Zone in order to permit a reduction in the minimum required front yard setback to a proposed dwelling (proposed deck 10.0 metres and proposed main wall 11.3 metres) and sleeping cabin 7.6 metres, respectively; to permit an increase in maximum allowable gross floor area of a dwelling to 325.0 m2; and to increase the maximum permitted lot coverage to 9.0%.
DEFEATED (the resolution was later reconsidered) Financial Services Report 2016-17 RE: OCIF Agreement - Formula Based Component By-law 2016-94 C-257-2016 BE IT RESOLVED THAT Council adopt By-law 2016-94 being a By-law to authorize the Mayor and Clerk to execute the contribution agreement with the Ministry of Agriculture, Food and Rural Affairs (OMAFRA) for the Ontario Community Infrastructure Fund Formula Based Component. Operations Report 2016-23 RE: OCIF MacTier Storm Sewer Mr. Sokach advised that the cost to repair the collapsed storm sewer, which is a high priority project, is estimated at $2.2 million. Ms. Corbeil explained the grant, if we are successful in our application, could cover 90% of the funding while the Township would cover the remaining 10%. C-258-2016 BE IT RESOLVED that Council direct staff to apply for and accept an Ontario Community Infrastructure Fund Grant Top-Up Component for the project known as the MacTier Centre Street Storm Sewer Replacement; AND THAT Council directs staff to include the project in the 2017 Capital Budget. Fire and Emergency Services Report 2016-07 RE: Emergency Response Agreement By-law 2016-95 C-259-2016 BE IT RESOLVED THAT Council adopt By-law 2016-95, being the by-law to renew the Emergency Response Agreement with the Township of Severn. New Business Six Mile Lake Ratepayers Alliance RE: Council Permission for Recording Meetings
Mayor Braid suggested deferring this request until the discussion on the Township recording the CoA meetings was held at Committee of the Whole. C-260-2016 Douglas / Bochek BE IT RESOLVED THAT Council grant permission to the Six Mile Lake Ratepayers Alliance to record Council, Committee of the Whole and Committee of Adjustment meetings. DEFERRED to CoW on October 12, 2016 Mayor Braid RE: Cancelling Permits Mayor Braid inquired if projects not being started within 3 years of the permit being issued was a problem in the Township; Mr. Fedoriw stated that he contacts those who are coming up on the 3-year mark and advises that they commence the work before the deadline otherwise per Council direction the permit will be revoked. C-261-2016 BE IT RESOLVED THAT Council directs staff that all Building Permits for cottages, bunkies and single family dwellings that are 3 years old and have not started construction be revoked, except where an owner can demonstrate significant progress to the Chief Building Official, to a maximum of 9 months as determined by the CBO; AND THAT the Chief Building Official report back to council annually where this discretion has been exercised; AND THAT COW resolutions 41-2016 and 143-2013R be rescinded. Councillor Wiancko RE: Building Permit Securities Councillor Wiancko inquired about other options other than a homeowner providing $40,000 in cash as a security deposit when building their accessory structure prior to the main dwelling; Ms. Kennard advised the Township takes Letters of Credit. Councillor Kay RE: SMDCSB Letter Councillor Kay advised that there is a public meeting on November 28 for a modified review of Our Lady of Mercy school in Honey Harbour. The Save Our Schools (SOS) Committee is holding a meeting at the
Honey Harbour Library on October 29 to discuss this. Mayor Braid will write to the Board correcting any inaccuracies in the letter. Councillor Bochek requested a Motion for Reconsideration for C-256-2016. C-262-2016 Bochek / Edwards BE IT RESOLVED THAT Council reconsiders the resolution (C-256-2016) defeated at today s meeting regarding the 57 Beverly Street Rezoning application. Councillor Bochek stated he would be in favour of approving the application provided the GFA permitted was no greater than 300 square metres; Councillor Edwards suggested they reduce the GFA in the basement and have less usable space. C-263-2016 Bochek / Edwards BE IT RESOLVED THAT Council adopts y-law 2016-77, being a Zoning By-law Amendment for 57 Beverly Street, to become SR6-20 with a front yard setback of 10m to deck, 11.3m to main wall, sleeping cabin front yard setback of 7.6m and a maximum gross floor area of (main dwelling) 300m, and increase maximum lot coverage to 9%. Confirming By-law C-264-2016 Douglas / Bochek BE IT RESOLVED THAT Council adopt By-law 2016-96, being a by-law to confirm the proceedings of the October 11, 2016 Council meeting. Adjournment C-265-2016 BE IT RESOLVED THAT Council does now adjourn at 4:05 p.m. until Monday, November 14, 2016 at 9:00 a.m. or at the call of the Chair. Clerk (A) Mayor