Township of Georgian Bay Minutes of the Regular Council Meeting Monday September 12, 2016 9:00 AM 99 Lone Pine Road, Port Severn Ontario Councillors Present Mayor Braid Councillor Bochek Councillor Cooper Councillor Douglas Councillor Kay Councillor Wiancko 10:20 a.m. Absent with Regrets Councillor Edwards Staff Present Laurie Kennard, CAO Lynn Andrews, Deputy Treasurer Jane Corbeil, Director of Financial Services / Treasurer Connie Devlin, Director of Human Resources / Health and Safety 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 Others Present District Chair John Klinck Councillor Allan Edwards, Township of Muskoka Lakes Melissa Halford, Manager of Planning (District of Muskoka) Call to Order 9:00 a.m. Declaration of Pecuniary Interest Mayor Braid declared a conflict with Item 13.d). Closed Session C-211-2016
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 August 8, 2016 b) Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; RE: Zoning Compliance Matter - Update c) Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; RE: Zoning Compliance Matter - Update NOW BE IT RESOLVED THAT the Council of the Township of Georgian Bay moves into a Closed Session of Council at 9:05 a.m. Matters Arising From Closed Session C-212-2016 BE IT RESOLVED THAT the Council of the Township of Georgian Bay rise from Closed Session at 9:40 a.m. without a report. Consent Agenda C-213-2016 BE IT RESOLVED that Council hereby adopts Sections i) to iv) contained in Part 8 - Consent Agenda dated September 12, 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. i) Council/Committee of the Whole Minutes Minutes of the August 8, 2016 Council Meeting C-214-2016
BE IT RESOLVED THAT Council adopt the minutes of the August 8, 2016 Council meeting as circulated. Minutes of the August 8, 2016 Committee of the Whole meeting. C-215-2016 BE IT RESOLVED THAT Council adopt the minutes of the August 8, 2016 Committee of the Whole meeting as circulated. ii) Committee of the Whole Recommendations/Resolutions Recommendations from August 8, 2016 Committee of the Whole meeting. C-216-2016 BE IT RESOLVED that Council adopts the following recommendations adopted at the August 8, 2016, Committee of the Whole meeting: COW-65-2016 Kay / Edwards BE IT RESOLVED that Committee of the Whole recommends that Council direct staff to update the relevant policies reflecting that Council / Committee of the Whole will no longer do any preliminary review or discussion of land sale matters prior to complete applications being submitted. COW-66-2016 Kay / Wiancko BE IT RESOLVED THAT Committee of the Whole recommends that Council receive the Trailer Parks Information report. COW-67-2016 Douglas / Edwards BE IT RESOLVED THAT Committee of the Whole recommends that Council receive the 2nd Quarter Financial Statement (for the period ending June 30, 2016). COW-68-2016 Edwards / Douglas BE IT RESOLVED THAT Committee of the Whole recommends that Council receive the Minors Bay Boat Parking report for information. COW-70-2016 Douglas / Edwards
BE IT RESOLVED THAT Committee of the Whole recommends that Council direct staff to update the Township s Burn By-law to authorize the Director of Fire and Emergency Services / Fire Chief to have discretion on setting the Township s Fire Rating as opposed to following the District of Muskoka. iii) Local board and Committee Minutes (for information) Sustainability Plan Steering Committee (SPSC) Meeting RE: Minutes of the July 7, 2016 Meeting C-217-2016 BE IT RESOLVED THAT Council receives the minutes of the July 7, 2016 Sustainability Plan Steering Committee (SPSC) Meeting as information only. iv) Department Reports Received for Information Clerk's Department RE: 2017 Meeting Calendar C-218-2016 BE IT RESOLVED THAT Council approves the 2017 Meeting Calendar. Regular Agenda C-219-2016 BE IT RESOLVED THAT Council adopt the Regular Agenda of the September 12, 2016 meeting as circulated. Communications From Mayor and Council Councillor Bochek took part in the Canoe for Cancer and collected $15,000 by stopping at docks. Councillor Cooper has been involved in meetings at the District. Councillor Kay attended her first OMB hearing and also met with MPAC while they were at the Township office. She went to the Honey Harbour dedication of the Schoolhouse, a library board meeting, a memorial for Joe Corbiere and stated the JazzFest had been cancelled.
Councillor Douglas attended a meeting in MacTier for aging population, the Canoe for Cancer event and met with constituents throughout the month. Mayor Braid took part in the SEGBAY golf tournament, and while on vacation received many calls with concern over building permit timelines so he has called a special meeting for later today. Public Meeting held under authority of the Municipal Act Clerk's Report 2016-27 (BOWMAN) RE: Road Allowance - 9178 Georgian Bay Shore By-law 2016-81 Ms. McDonald presented additional information about the application. C-220-2016 BE IT RESOLVED THAT Council pass By-laws 2016-81 being a by-law to stop up and close the Road Allowance and Shore Road Allowance adjacent to 9178 Georgian Bay Shore. Clerk's Report 2016-28 (McCURDY) RE: Shore Road Allowance - 6300 Severn River Shore By-law 2016-82 Ms. McDonald presented additional information about the application. C-221-2016 BE IT RESOLVED THAT Council pass By-law 2016-82 being a by-law to stop up and close the Shore Road Allowance adjacent to 6300 Severn River Shore. Clerk's Report 2016-29 (COOK) RE: Shore Road Allowance - 986 Lost Channel Shore By-laws 2016-83 and 2016-84 Ms. McDonald presented additional information about the application. C-222-2016
BE IT RESOLVED THAT Council pass By-laws 2016-83 and 2016-84 being a by-law to stop up and close the Shore Road Allowance adjacent to 986 Lost Channel Shore and a Deeming By-law to deem the property no longer on a plan of subdivision. Clerk's Report 2016-30 (STUART) RE: Shore Road Allowance - 14108 Georgian Bay Shore By-law 2016-85 Ms. McDonald presented additional information about the application. C-223-2016 BE IT RESOLVED THAT Council pass By-law 2016-85 being a by-law to stop up and close the Shore Road Allowance adjacent to 14108 Georgian Bay Shore. Councillor Wiancko arrived at the meeting (10:20 a.m.). Public Meeting held under authority of the Planning Act - Concurrent with District of Muskoka's Planning and Economic Development Committee Development Services Report 2016-41 (PORT SEVERN HEIGHTS) RE: Plan of Subdivision and Zoning By-law Amendment By-laws 2016-79 and 2016-80 Ms. Halford and Mr. Dickson provided information regarding the concurrent applications and advised of the next steps of the process. The applications were not to be approved today, but received for information at the concurrent statutory public meeting. Lanny Dennis, agent for the applicant, was present and provided additional information about the proposal. No one from the public had comment; Mr. Klinck ended the public meeting at 10:59 a.m. and stated the decisions will be made at a future meeting. C-224-2016 BE IT RESOLVED THAT Report No. 2016-41, be received at the Public Meeting on September 12, 2016;
AND THAT the Zoning By-law Amendment Application (ZBL 17/15) to establish appropriate zoning standards on a portion of a proposed plan of subdivision ( Phase 2 ) related to the development of Port Severn Heights within the Urban Centre of Port Severn, be received. Public Meeting held under authority of the Planning Act Development Services Report 2016-45 (OLAR) RE: Zoning By-law Amendment - 57 Beverly Street, Six Mile Lake By-laws 2016-76 and 2016-77 Mr. Dickson provided additional information regarding the application. Ms. Gunby read 8 letters in support of the application (MNRF, John Rinella, Julia Manning, Patt and Dave Elsey, Heather and Jim Rowntree, Dan Orchard, District of Muskoka and Jack and Marnie Petrie) and 8 letters opposed (Doug and Brenda Osborne, Sarah and Des McKinney, Marguerite and Dennis Locke, Kevin and Stephanie Plue, Bruce Hanson, Bill Winterhalt and Kathryn Pounder, Michael Ferguson and Janet Mitchell) due to the oversized proposal and negative visual impact. Rick Hunter, agent for the applicant, was present and made a presentation to Council (https://georgianbay.civicweb.net:/document/156454/planscape%20pr esentation.pdf). Frank Boddy was present and had concerns about the process; he stated it should have been a minor variance application instead of a rezoning and he suggested a deferral. Mr. Dickson stated that since the requests were not minor in nature, a minor variance would not be approved and it was not the correct process for this application. Council discussed their concerns of the proposal being too close to the water and exceeding the maximum allowable size. It was suggested the applicant return to Council with a proposal that is in more compliance with the by-law. C-225-2016 Kay / Bochek BE IT RESOLVED THAT Report No. 2016-45, be received and considered at the Public Meeting on September 12, 2016; AND THAT the Zoning By-law Amendment Application (ZBL 03/16) to rezone the subject lands to a site specific Shoreline Residential Type Six
Exception Twenty (SR-6-20) Zone and Six Mile Lake Residential Exception Twenty (SR6-20) Zone, in Zoning By-law Nos. 91-19 and 14-75, to permit a reduction in the minimum required front yard setback to a proposed dwelling and sleeping cabin of 10.0 metres and 7.6 metres, respectively; to permit an increase in maximum allowable gross floor area of a dwelling to 365.0 m2; to increase maximum permitted lot coverage to 9.5%; and, to increase the maximum permitted floor area for a sleeping cabin to 59.0 m2, be approved; AND THAT draft Amending Zoning By-law Nos. 2016-76 and 2016-77, substantially in the form included as Attachment No. 6 to this Report, be approved. DEFERRED Communications from Mayor and Council (Cont d) Councillor Wiancko went to Wawautosa with Mr. Sokach and discussed expanding the landing and parking as a possible 2017 budget item. He attended Keith Sherman s retirement dinner and started his annual inland water quality sampling program. Communications from CAO Ms. Kennard reminded everyone of the Mayor s Golf for Health tournament on the 15 th and said she has been working on writing grant proposals, something normally done by the Communications and Economic Development Officer. Portfolio Chair and Department Head Reports Mayor Braid left his seat for the next matter; Councillor Bochek took over as Chair. Clerk's Report 2016-25 RE: Land Swap - Hansen Road Ms. Gunby provided the background to the matter; Mr. Sokach explained the reason the policy states the Township will obtain a minimum of 20m of land when doing a land swap is mainly for maintenance and future what-ifs. C-226-2016 Douglas / Bochek BE IT RESOLVED THAT Council authorize land swaps with 13 and 33 Hansen Road, being the Shore Road Allowance abutting the properties
in exchange for a strip of land being 10 metres wide that Hansen Road travels through the two properties. Mayor Braid returned to his seat. CAO Report 2016-08 RE: BR&E MacTier - RED Grant Ms. Kennard advised the project was underway but a resolution was required for to sign the grant agreement. C-227-2016 Douglas / Bochek BE IT RESOLVED THAT Council adopt By-law 2016-78 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 Business Retention and Expansion project in MacTier. CAO Report 2016-09 RE: David Milne Cottage Tax Receipt C-228-2016 BE IT RESOLVED THAT the Council approves the issuance of a Charitable Tax Receipt to the owner of the David Milne Cottage in the amount of $57,500. CAO Report 2016-10 RE: Canada 150 Grant - MacTier Roof Ms. Kennard advised this was another housekeeping matter. C-229-2016 BE IT RESOLVED THAT Council accepts a contribution of $100,000 from the Canada 150 Community Infrastructure Program and authorizes the Mayor and Clerk to execute the contribution agreement. Clerk's Report 2016-26 RE: Code of Conduct Update
Ms. Gunby summarized the additional changes from the previous meeting where the revised Code was discussed. C-230-2016 BE IT RESOLVED that Committee of the Whole recommends that Council adopt By-law 2016-67, being the revised Code of Conduct. Development Services Report 2016-43 RE: Site Plan Agreement - 15 Silver Sands Road, MacTier By-law 2016-72 C-231-2016 BE IT RESOLVED THAT Mayor and Council authorize the Mayor and Clerk(A) to execute the Site Plan Agreement for lands legally described as Part Lot 5, Concession 4, Freeman, being Part 1, 35R-3764, Township of Georgian Bay, District Municipality of Muskoka and being all of PIN 48006-0756(LT) and known municipally as 15 Silver Sands Lake Road, as a condition of development, pursuant to Township of Georgian Bay By-law No. 97-3; AND THAT By-law No. 2016-72, providing the authority of the Mayor and Clerk(A) to enter into a Site Plan Agreement for said lands be approved. Development Services Report 2016-44 RE: Site Plan Agreement - 263 Port Severn Road North, Port Severn By-law 2016-73 C-232-2016 Douglas / Bochek BE IT RESOLVED THAT Mayor and Council authorize the Mayor and Clerk(A) to execute the Site Plan Agreement for lands legally described as Part Block A, Plan 7, Baxter; Part Island K in Severn River of Lot 27 and Lot 28, Concession 2, Baxter, being Parts 1 to 5, 35R-3638, Part 1, 35R-9495 and Parts 1 and 2, 35R-11006, Except Parts 5 and 6, 35R- 16660; Georgian Bay Township and being all of PIN 48017-0218(LT) and known municipally as 263 Port Severn Road (Port Severn), as a condition of development, pursuant to Township of Georgian Bay By-law No. 97-3; AND THAT By-law No. 2016-73, providing the authority of the Mayor and Clerk(A) to enter into a Site Plan Agreement for said lands be approved.
Development Services Report 2016-46 RE: Removal of Holding (H) - 442 Lakeview Drive By-laws 2016-74 and 2016-75 C-233-2016 BE IT RESOLVED THAT the Zoning By-law Amendment Application (ZBL 08/16) to remove a Holding (H1) Symbol (91-19) and Holding (H10) Symbol (14-75) on the subject lands, being, portions of the water lot abutting 442 Lakeview Drive, be approved; AND THAT Zoning By-laws 2016-74 & 2016-75 be approved. Financial Services Report 2016-16 RE: Work Management System Enhancements Ms. Andrews clarified this will save staff time and should be paid back in efficiencies within two years. C-234-2016 Douglas / Bochek BE IT RESOLVED THAT Council approves additional funding for the Work Management system enhancements from the Reserve - IT Services to a maximum of $20,000. Human Resources Verbal Report RE: CAO Annual Performance Review Process Ms. Devlin advised the process recommended is the same as last year, with Ted Walker doing the review. C-235-2016 BE IT RESOLVED that Council: Strikes an ad hoc CAO Performance Appraisal Committee consisting of Mayor Braid as Chair and Councillor(s) Cooper and Douglas as members. Completes the 2016 annual appraisal in September 2016 using the format provided. Engages former interim CAO Ted Walker to manage the 2016 formal evaluation process. Directs the CAO Performance Appraisal Committee to strike goals annually with the CAO on a go forward basis, meet quarterly to review
those goals and report to Council in Closed Session on the outcome of these meetings. Confirming By-law C-236-2016 Douglas / Bochek BE IT RESOLVED THAT Council adopt By-law 2016-86, being a By-law to confirm the proceedings of the September 12, 2016 Council meeting. Adjourment C-237-2016 BE IT RESOLVED THAT Council does now adjourn at 2:13 p.m. until the Special Meeting of Council, September 12, 2016 at 3:00 p.m. Clerk (A) Mayor