Post by District Meetings on Sept 15, 2005 9:46:44 GMT -5
THE DISTRICT MUNICIPALITY OF MUSKOKA DISTRICT COUNCIL MEETING NO. 8(2005)
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, June 13, 2005.
PRESENT: District Council G. Adams and all other members of District
Council except B. Glennie; H. Jackson
OFFICIALS PRESENT: J. Green, Chief Administrative Officer; S. Cairns, Commissioner of Finance & Corporate Services; T. White, Commissioner of Engineering & Public Works; S. Adamson, Commissioner of Community Services; M. French, Commissioner of Planning & Economic Development; D. Royston, District Solicitor; C. Lees, District Clerk
ALSO PRESENT: E. Hills, Emergency Management Ontario; L. Cowieson & J. Walden, Georgian Shield Taxpayers Association; G. Bache, Director of Environmental Services; D. Currie, Community Emergency Management Co-ordinator; M. Durnan, Director of Finance; C. Glover, Human Resources Co-ordinator; C. Ibarra, Solicitor, J. Ratchford, Director of Human Resources; M. Wylie, Director of Corporate Services
CALL TO ORDER Chair Adams called the meeting to order at 7:00 p.m.
APPOINTMENT OF PATTI THOMPSON AS DISTRICT COUNCILLOR
Chair Adams introduced and welcomed Patti Thompson and advised that she would be sworn in as a District Councillor during the absence of Councillor Bill Glennie.
a) Suspension of Rules of Procedure
Moved by N. Thompson and seconded by S. Martin 23/2005 BE IT RESOLVED THAT under Rule 26(b)(iv) of the Procedure By-law, the Rules of Procedure be suspended to enable Council to deal with the temporary absence of a District Councillor. Carried.
b) Authorize Absence of Councillor Glennie Moved by S. Martin and seconded by N. Thompson 24/2005 BE IT RESOLVED THAT Councillor Bill Glennie shall be and is hereby authorized to be absent from Muskoka District Council meetings until such time as he is fully ready to resume his duties. Carried.
c) Appointment of Patti Thompson as District Councillor Moved by N. Thompson and seconded by S. Martin 25/2005 WHEREAS by Resolution #24/2005 Councillor Glennie is authorized to be absent from Muskoka District Council meetings until such time as he is ready to resume his duties; AND WHEREAS it is not certain as to when Councillor Glennie will be able to resume his duties; AND WHEREAS pursuant to Section 267(1) of the Municipal Act, 2001, the Town of Bracebridge has appointed Patti Thompson as an alternate for Councillor Glennie until he is able to resume his duties; NOW THEREFORE BE IT RESOLVED THAT Patti Thompson be sworn in as an alternate member of Muskoka District Council to act in place of Councillor Glennie effective June 13, 2005 and continuing until Councillor Glennie is able to resume his duties. Carried.
Mr. Royston administered the Declaration of Office to Ms. Thompson.
d) Amendment to Standing Committee Membership Moved by B. Colhoun and seconded by F. Coleman 26/2005 WHEREAS Councillor Bill Glennie is absent with leave; AND WHEREAS it is necessary to amend the District Council Standing Committee membership, NOW THEREFORE BE IT RESOLVED THAT Resolution #5/2004 which sets out District Council Standing Committee membership for the 2004-2006 term of office be amended by replacing Bill Glennie with Patti Thompson as a member of the Community Services Committee; AND BE IT FURTHER RESOLVED THAT this appointment remain in effect until Councillor Glennie is able to resume his duties;
AND BE IT FURTHER RESOLVED THAT this resolution be automatically repealed on the date that Councillor Glennie is able to resume his duties. Carried
ACKNOWLEDGEMENT OF SUPPLEMENTARY MOTIONS LIST Chair Adams noted additions to the agenda with respect to a delegation from the Georgian Shield Taxpayers’ Association, an additional by-law and the approval of a debenture issue for the Township of Georgian Bay.
DELEGATIONS
a) Emergency Management Ontario
Mr. Ernie Hills, Community Officer - Emergency Management Ontario, attended the meeting to acknowledge the efforts of The District Municipality of Muskoka in establishing an essential level emergency management program. He also recognized the achievements of the Townships of Georgian Bay and Lake of Bays and the Town of Gravenhurst.
b) Georgian Shield Taxpayers’ Association
Mr. Jim Walden and Ms. Lyn Cowieson, Georgian Shield Taxpayers’ Association, attended the meeting to present concerns with respect to the proposed Township of Georgian Bay administration building. Mr. Walden provided background information and outlined concerns with respect to the process undertaken by the Township in determining the need for a new building. Ms. Cowieson advised that they represented over 1,200 taxpayers from the Township of Georgian Bay and were concerned with the lack of information provided by the Township (copy of presentation appended to the minutes). She advised that the Association neither supported nor opposed the proposed project because they were not able to obtain sufficient information to take a position. Ms. Cowieson requested that District Council defer any decision to approve the debenture issue until the Township has consulted with its taxpayers.
Chair Adams requested and received Council’s permission to consider a motion with respect to the debenture issue approval. He advised that he had met with members of the Georgian Shield Taxpayers’ Association and advised that the District of Muskoka did not have an oversight role in areas of Township business. Chair Adams inquired as to the District’s process with respect to debenture approval and Mr. Cairns advised that he was satisfied that the debt limits and repayment obligations were in order. Councillor Mackenzie inquired as to why the matter had not been first considered by the Corporate & Emergency Services Committee. Chair Adams advised that there was an issue of timing and the Township had requested that it be dealt with by District Council that evening. Councillor Kennedy commented that the Township had received advice from legal counsel and the Ministry of Municipal Affairs & Housing throughout the process and was satisfied that the appropriate procedures were followed. Councillor Braid advised that he was the chair of the building committee and he noted that the tender prices quoted would expire before the next Council meeting; it was critical to have the financing in place in order for the Township to finalize the building contract on June 20th. He noted the tremendous amount of work that had been undertaken with respect to the project.
A recorded vote was requested.
Moved by M. Kennedy and seconded by J. Klinck 27/2005 THAT District Council approve the issuing of debentures on behalf of the Township of Georgian Bay in the amount of $1,950,000.00 as requested in its By-law 2005-75; AND THAT District Council approve that the Township of Georgian Bay arrange interim financing in the amount of $1,950,000.00 in accordance with its By-law 2005-75 and Section 405 of the Municipal Act, 2001 as amended.
Yea Nay
S. Aitchison
B. Boivin
L. Braid
M. Casey
D. Coates
F. Coleman
B. Colhoun
A. Fairfield
P. Thompson
J. Hie
J. Klinck
M. Kennedy
H. Mackenzie
S. Martin
S. Miglin
S. Northmore
J. Peake
S. Pryke
T. Pilger
N. Thompson
S. Young
Carried
Chair Adams thanked Ms. Cowieson, Mr. Walden and other members of the Association for their attendance.
DECLARATION OF PECUNIARY INTERESTS RE: COUNCIL MINUTES AND COMMITTEE REPORTS Councillor Casey declared a pecuniary interest with respect to the matter of water quality monitoring regarding the minutes of the Planning & Economic Development Committee meeting No. PED-8-2005. DISTRICT COUNCIL MINUTES – 7(2005) Moved by F. Coleman and seconded by B. Colhoun THAT the minutes of Muskoka District Council meeting No. 7(2005) held on May 2, 2005 be adopted.
Carried.
COMMITTEE REPORTS
a) Planning & Economic Development – PED-8-2005 Councillor Boivin highlighted the minutes of the May 2, 2005 meeting of the Planning & Economic Development Committee. Moved by B. Boivin and seconded by S. Aitchison THAT the minutes of the Planning & Economic Development Committee meeting No. PED-8-2005 held on May 2, 2005 be adopted. Carried.
b) Community Services – CS-5-2005 Councillor Fairfield highlighted the minutes of the May 25, 2005 meeting of the Community Services Committee. Moved by B. Colhoun and seconded by F. Coleman THAT the minutes of the Community Services Committee meeting No. CS-5-2005 held on May 25, 2005 be adopted. Carried.
c) Planning & Economic Development – PED-9-2005 Councillor Boivin highlighted the minutes of the May 26, 2005 meeting of the Planning & Economic Development Committee. Moved by B. Boivin and seconded by S. Aitchison THAT the minutes of the Planning & Economic Development Committee meeting No. PED-9-2005 held on May 26, 2005 be adopted. Carried.
d) Engineering & Public Works – PW-6-2005 Councillor Miglin advised that he did not have a pecuniary interest as previously thought with respect to the recommendation regarding the agreement for traffic signals at Hanes Road and Muskoka Road No. 2.
i) Road Needs Study
Councillor Young inquired as to whether the spending identified in the Road Needs Study would be subject to Committee approval. Mr. White advised that the study does not chart spending but rather identifies needs and where funds should be allocated; spending is confirmed in the capital program. He noted that 1/3 of the road inventory is reviewed each year.
ii) Decommissioning – Hidden Valley Water System
In response to a question from Councillor Coleman, Mr. White confirmed that it was the decommissioned intake and low lift pumping station that was proposed to be transferred to the Hidden Valley Ski Club, not the water plant.
Moved by L. Braid and seconded by B. Boivin THAT the minutes of the Engineering & Public Works Committee meeting No. PW-6-2005 held on May 26, 2005 be adopted. Carried.
e) Corporate & Emergency Services
Councillor Pryke highlighted the minutes of the May 27, 2005 meeting of the Corporate & Emergency Services Committee.
i) Ambulance Response Time
In response to questions from Councillor Young, Mr. Cairns provided information with respect to ambulance response time statistics.
Moved by M. Kennedy and seconded by J. Klinck THAT the minutes of the Corporate & Emergency Services Committee meeting No. CES-5-2005 held on May 27, 2005 be adopted. Carried.
CORRESPONDENCE
1. THE MINISTRY OF THE ENVIRONMENT has issued a Certificate of Approval (Water)
No. 9668-6B9SK8 for the construction of watermains in the Town of Huntsville on Morris, Mary and Lorne Streets. (Received April 25, 2005) (Referred to Engineering and Finance Departments)
2. THE MINISTRY OF TOURISM AND RECREATION has informed of an innovative new approach being taken by the Ministry of support tourism development in Ontario. Recognizing that destination across the province is unique and requires a distinct approach to developing and marketing its tourism experiences, the Ministry intends to take a more strategic approach to growing the tourism industry in Ontario. Muskoka has been identified as one of the six key destinations being supported through this new approach and has been invited to participate in the initiative to ensure that a shared strategy and vision is developed for the future of tourism in Muskoka. (Received April 25, 2005) (Referred to Planning Department)
3. THE TOWN OF EAST GWILLIMBURY has requested Muskoka’s support of a resolution passed by their Council on March 29, 2005 respecting the Aggregates Act and requesting the Ministry of Natural Resources to review and amend the royalty payment presently paid to upper tier municipalities for extraction and for the rehabilitation of abandoned pits. (Received April 26, 2005) (Referred to Planning Department)
4. THE TOWN OF EAST GWILLIMBURY has requested Muskoka’s support of a resolution passed by their Council on March 29, 2005 requesting the Minister of Finance and the Minister of Transportation to develop a new formula for the gasoline tax rebate to municipalities, based on a per lane kilometre of roadway, and for both bus and rail transit systems on a per route kilometre basis. (Received April 26, 2005) (Referred to Finance Department)
5. THE TOWN OF EAST GWILLIMBURY has requested Muskoka’s support of a resolution passed by their Council on March 29, 2005 requested that the federal and provincial governments allow municipalities to use expenses such as pre-engineering studies that were carried out prior to the announcement of the COMRIF program to be included in approved projects. (Received April 26, 2005) (Referred to Engineering Department)
6. THE TOWNSHIP OF KING has requested Muskoka’s support of a resolution passed by their Council at its regular meeting of April 18, 2005 asking the Premier of Ontario to take immediate action to do what is right for the citizens of Ontario, community safety and to protect the rights of individuals by enacting legislation to protect emergency volunteer workers (career firefighters working as volunteers) without further delay. (Received May 2, 2005)
7. THE TOWN OF PARRY SOUND has requested Muskoka’s support of a resolution passed by their Council on April 19, 2005 requesting the Minister of Finance to amend the OMPF formula so that policing costs attributable to providing court security for the Parry Sound District Court House are shared on an equitable basis with all municipalities within the District of Parry Sound and that the endorsement of this resolution by all Ontario Municipalities that will now be required to fund court security costs for larger catchment areas. (May 2, 2005) (Referred to Finance & Corporate Services Department)
8. URS CANADA INC. has advised that they have been retained by the Ontario Ministry of Transportation to undertake the Detail Design of a new two-lane service road from Muskoka Road 48 (South Bay Road at Highway 400) southerly to the existing Baxter Township Waste Transfer Station entrance in the Township of Georgian Bay. URS has forwarded a copy of the associated Transportation Environmental Study Report for the project which will be available for public review from May 6 to June 6, 2005. (Received May 3, 2005) (Referred to Engineering and Planning Departments)
9. THE TOWNSHIP OF MUSKOKA LAKES has requested Muskoka’s comments respecting the proposed closing of the Original Shore Road Allowance lying in front of Part of Lots 31 and 32, Concession 11, Lake Rosseau, Watt Ward, Township of Muskoka Lakes (Rostrevor (Muskoka) Holdings Inc.) (Received May 5, 2005) (
10. HEALTH CANADA, PEST MANAGEMENT REGULATORY AGENCY has forwarded an information package providing useful references and highlights the three key elements of the Action Plan on Urban Use Pesticides. (Received May 4, 2005) (Referred to Engineering Department)
11. THE REGIONAL MUNICIPALITY OF DURHAM has requested Muskoka’s support of a resolution passed by their Council on May 4, 2005 requesting the Province to incorporate the Slow Moving Farm Vehicle Signage as a Provincial standard. (Received May 11, 2005) (Referred to Engineering Department)
12. THE COUNTY OF ESSEX has requested Muskoka’s support of a resolution passed by their Council on May 9, 2005 requesting the Province to fund Ontario Colleges on a more equitable level, in comparison to funding provided to Ontario Universities and Secondary Schools. (Received May 11, 2005)
13. STUART & CRUICKSHANK, Barristers and Solicitors has requested Muskoka’s comments respecting the proposed closing of the Original Shore Road Allowance in front of Lot G, Concession 16, Wood Ward, designated as Parts 6 and 5 on Plan 35R-20570 (Muldrew Lake), Town of Gravenhurst (Gray/Montross). (Received May 13, 2005) (Referred to Engineering Department)
14. STUART & CRUICKSHANK, Barristers and Solicitors has requested Muskoka’s comments respecting the proposed closing of the Original Shore Road Allowance in front of Lots F and G, concession 16, Wood Ward, designated as Parts 10, 9, 8 and 7 on Plan 35R-20570 (Muldrew Lake), Town of Gravenhurst (Hillier/Charlton/Kim/Cooper). (Received May 13, 2005) (Referred to Engineering Department)
15. THE MOOSE DEER POINT FIRST NATION have informed that, as per the O’Donnell Point Notification Protocol, they are undertaking a project within the community of Moose Deer Point First Nation to address drinking water issues. (Received May 16, 2005) (Referred to Engineering and Planning Departments)
16. THE MINISTER OF CITIZENSHIP AND IMMIGRATION has advised that Bill 118, the Accessibility for Ontarians with Disabilities Act, 2005 passed third reading and will take effect on royal assent. (Received May 16, 2005) (Referred to Finance & Corporate Services Department)
17. THE TOWNSHIP OF MUSKOKA LAKES has requested Muskoka’s comments respecting the closure of the original shore road allowances lying in front of Part Lot 26, Concession 10, Lake Muskoka, Monck Ward, Township of Muskoka Lakes (Walker). (Received May 17, 2005) (Referred to Engineering Department)
18. STUART & CRUICKSHANK, Barristers and Solicitors has requested Muskoka’s comments respecting the proposed closing of the following original shore road allowances lying in front of:
Lot 5, Conc. 2, Morrison Ward, Gravenhurst (Langill)
Lot I, Conc. 20, Wood Ward, Gravenhurst (Balfour)
Lot H, Conc. 19, Wood Ward, Gravenhurst (Balfour)
(Received May 18, 2005) (Referred to Engineering Department)
19. THE MINISTRY OF THE ENVIRONMENT has issued an amended Certificate of Approval #3266-6C5QM7 for proposed works to the Muskoka Beach Road Elevated Water Tower in the Town of Gravenhurst. (Received May 18, 2005) (Referred to Finance and Engineering Departments)
20. THE MINISTRY OF THE ENVIRONMENT has issued an amended Certificate of Approval #7553-6C5LDE for proposed works to the Fairview Drive Elevated Water Tower in the Town of Gravenhurst. (received May 18, 2005) (Referred to Finance and Engineering Departments)
21. THE COUNTY OF BRUCE has requested Muskoka’s support of a resolution passed by their Council on May 5, 2005 asking the Province to allocate the full funding pledge of $367 million, in 2005-2006 to address the shortfall and support appropriate levels of care to residents of long term care facilities. (Received May 19, 2005) (Referred to Community Services Department)
22. THE CITY OF KINGSTON has requested Muskoka’s support of a resolution passed by their Council on May 3, 2005 requesting the federal government to evaluate the current system of dental services. (Referred to Finance and Community Services Departments) (Received May 19, 2005)
23. SIMCOE MUSKOKA DISTRICT HEALTH UNIT has provided information regarding the 2005 WNv program directions in planning and preparation for the 2005 West Nile virus season. (Referred to Engineering Department) (Received May 19, 2006)
24. THE MINISTRY OF THE ENVIRONMENT has issued a Certificate of Approval #6332- 6C8RNZ to Clearbrook Building Corporation for the construction of storm and sanitary sewers in the Town of Bracebridge for Clearbook Development in the Town of Bracebridge. (Referred to Finance and Engineering Departments) (Received May 24, 2005)
25. THE MINISTRY OF THE ENVIRONMENT has issued a Certificate of Approval #6281- 6C8R7S to Clearbrook Building Corporation for the construction of watermains for Clearbrook ‘Development in the Town of Bracebridge. (Referred to Finance and Engineering Departments) (Received May 25, 2005)
26. THE CITY OF CAMBRIDGE has requested Muskoka’s support of a resolution passed by their Council on May 16, 2005 requesting the Province to amend the Occupiers Liability Act so as to clearly establish that those using trail systems are deemed to do so at their own risks, so that owners and volunteer organizations will not be held liable in any way for any damages arising from the use of trails by the public. (Received June 3, 2005)
MOTIONS
Moved by L. Braid and seconded by M. Kennedy 28/2005 THAT Resolution #7/2004 be amended by deleting the name H. Jackson and replacing it with M. Kennedy.
Carried.
BY-LAWS
Moved by A. Fairfield and seconded by B. Colhoun THAT by-laws for first reading be numbered and entitled
2005-27 Being a by-law to provide for permission for limited use of All Terrain Vehicles on certain Muskoka Roads on a trial and conditional basis
2005-28 Being a by-law to authorize the construction of waterworks (Wagner Street, Farquar Street and Sarah Street – Gravenhurst) 2005-29 Being a by-law to authorize the construction of sanitary sewage works (Manitoba Street, Bracebridge)
2005-30 Being a by-law to modify and approve, as modified, Amendment No. 42 to the Official Plan of the Town of Huntsville
2005-32 Being a by-law to regulate traffic on Muskoka Road No. 2 (Huntsville) AND THAT the by-laws be read a first time.
Carried.
Moved by A. Fairfield and seconded by B. Colhoun THAT By-laws read a first time and numbered 2005-27, 2005-28, 2005-29, 2005-30 and 2005-32 be read a second time.
Carried.
Chair Adams requested and received permission for third reading of the by-laws.
Moved by S. Pryke and seconded by T. Pilger
THAT by-laws read a first and second time and numbered 2005-27, 2005-28, 2005-29, 2005-30 and 2005-32 be read a third time and finally passed.
Carried.
NEW BUSINESS
a) Declaration of Pecuniary Interests re: Supplementary Motions List None were declared.
b) Upcoming Tender Awards
It was noted that the following tenders would be awarded at the June 15, 2005 meeting of the Engineering & Public Works Committee:
i) Tender No. 05-422-602 – Watermain Replacement, Huntsville
ii) Tender No. 05-400-700 – No-Dig Sanitary Sewer and Manhole
Rehabilitation
iii) Quotation No. 03-315-112 – Culvert Installation, Muskoka Roads 14, 30,
31 and 47
iv) Tender No. 05-420-604-1 – Kirby’s Beach Water Treatment Plant
Modifications, Town of Bracebridge
v) Award of Quotation – Port Carling Wastewater Treatment Plant,
Mechanical Modifications
c) Wetland Impact Study – Muskoka Airport
Moved by S. Young and seconded by N. Thompson 29/2005
THAT the proposal submitted by Gartner Lee Limited to undertake an environmental impact study (EIS) of the wetland located on the eastside of the Muskoka Airport (Project Number 05-816-587) be accepted and that Gartner Lee Limited be engaged for the project at a cost not to exceed $14,000.00 plus GST and funded from the Airport reserve.
Carried.
d) Provincial Government – Lack of Response to Concerns Chair Adams noted the lack of response from provincial officials to concerns repeatedly raised by the District of Muskoka with respect to the loss of northern Ontario designation and the cost sharing formula for the Simcoe Muskoka District Health Unit. He urged Councillors to come forward with any suggestions or comments that may be of assistance.
e) Committee of the Whole in Closed Session
Moved by D. Coates and seconded by M. Casey
THAT we do now adjourn to a Committee of the Whole in Closed Session to discuss property and personnel matters. Carried.
Moved by B. Boivin and seconded by M. Casey THAT we do now rise from a Committee of the Whole in Closed Session and reconvene in open session and report. Carried.
f) Encroachment – Manitoba Street
Moved by D. Coates and seconded by F. Coleman 30/2005 THAT the request to continue the encroachment of the building known as Reader’s World, located at
52 Manitoba Street in Bracebridge, as illustrated on the sketch attached hereto, be granted, subject to a standard form Encroachment Permit being entered into.
Carried.
g) Memorandum of Agreement – CUPE
Moved by S. Aitchison and seconded by B. Boivin 31/2005 THAT the Memorandum of Agreement between The District Municipality of Muskoka and Canadian Union of Public Employees and its Local 1813 representing Outside employees dated
May 18, 2005 be ratified. Carried.
CONFIRMING BY-LAW
Moved by J. Hie and seconded by M. Casey
THAT By-law 2005-31 being a by-law to confirm the proceedings of the Council of The District Municipality of Muskoka at this meeting held on the 13th day of June, 2005 be amended by the addition of Resolutions 23/2005, 24/2005, 25/2005, 26/2005, 27/2005, 28/2005, 29/2005, 30/2005 and 31/2005; AND THAT the by-law, as amended, be read and passed.
Carried.
ADJOURNMENT
Moved by D. Coates and seconded by J. Hie
THAT we do now adjourn to meet again on Monday, July 4, 2005 or at the call of the Chair. Carried.
District Chair District Clerk
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, June 13, 2005.
PRESENT: District Council G. Adams and all other members of District
Council except B. Glennie; H. Jackson
OFFICIALS PRESENT: J. Green, Chief Administrative Officer; S. Cairns, Commissioner of Finance & Corporate Services; T. White, Commissioner of Engineering & Public Works; S. Adamson, Commissioner of Community Services; M. French, Commissioner of Planning & Economic Development; D. Royston, District Solicitor; C. Lees, District Clerk
ALSO PRESENT: E. Hills, Emergency Management Ontario; L. Cowieson & J. Walden, Georgian Shield Taxpayers Association; G. Bache, Director of Environmental Services; D. Currie, Community Emergency Management Co-ordinator; M. Durnan, Director of Finance; C. Glover, Human Resources Co-ordinator; C. Ibarra, Solicitor, J. Ratchford, Director of Human Resources; M. Wylie, Director of Corporate Services
CALL TO ORDER Chair Adams called the meeting to order at 7:00 p.m.
APPOINTMENT OF PATTI THOMPSON AS DISTRICT COUNCILLOR
Chair Adams introduced and welcomed Patti Thompson and advised that she would be sworn in as a District Councillor during the absence of Councillor Bill Glennie.
a) Suspension of Rules of Procedure
Moved by N. Thompson and seconded by S. Martin 23/2005 BE IT RESOLVED THAT under Rule 26(b)(iv) of the Procedure By-law, the Rules of Procedure be suspended to enable Council to deal with the temporary absence of a District Councillor. Carried.
b) Authorize Absence of Councillor Glennie Moved by S. Martin and seconded by N. Thompson 24/2005 BE IT RESOLVED THAT Councillor Bill Glennie shall be and is hereby authorized to be absent from Muskoka District Council meetings until such time as he is fully ready to resume his duties. Carried.
c) Appointment of Patti Thompson as District Councillor Moved by N. Thompson and seconded by S. Martin 25/2005 WHEREAS by Resolution #24/2005 Councillor Glennie is authorized to be absent from Muskoka District Council meetings until such time as he is ready to resume his duties; AND WHEREAS it is not certain as to when Councillor Glennie will be able to resume his duties; AND WHEREAS pursuant to Section 267(1) of the Municipal Act, 2001, the Town of Bracebridge has appointed Patti Thompson as an alternate for Councillor Glennie until he is able to resume his duties; NOW THEREFORE BE IT RESOLVED THAT Patti Thompson be sworn in as an alternate member of Muskoka District Council to act in place of Councillor Glennie effective June 13, 2005 and continuing until Councillor Glennie is able to resume his duties. Carried.
Mr. Royston administered the Declaration of Office to Ms. Thompson.
d) Amendment to Standing Committee Membership Moved by B. Colhoun and seconded by F. Coleman 26/2005 WHEREAS Councillor Bill Glennie is absent with leave; AND WHEREAS it is necessary to amend the District Council Standing Committee membership, NOW THEREFORE BE IT RESOLVED THAT Resolution #5/2004 which sets out District Council Standing Committee membership for the 2004-2006 term of office be amended by replacing Bill Glennie with Patti Thompson as a member of the Community Services Committee; AND BE IT FURTHER RESOLVED THAT this appointment remain in effect until Councillor Glennie is able to resume his duties;
AND BE IT FURTHER RESOLVED THAT this resolution be automatically repealed on the date that Councillor Glennie is able to resume his duties. Carried
ACKNOWLEDGEMENT OF SUPPLEMENTARY MOTIONS LIST Chair Adams noted additions to the agenda with respect to a delegation from the Georgian Shield Taxpayers’ Association, an additional by-law and the approval of a debenture issue for the Township of Georgian Bay.
DELEGATIONS
a) Emergency Management Ontario
Mr. Ernie Hills, Community Officer - Emergency Management Ontario, attended the meeting to acknowledge the efforts of The District Municipality of Muskoka in establishing an essential level emergency management program. He also recognized the achievements of the Townships of Georgian Bay and Lake of Bays and the Town of Gravenhurst.
b) Georgian Shield Taxpayers’ Association
Mr. Jim Walden and Ms. Lyn Cowieson, Georgian Shield Taxpayers’ Association, attended the meeting to present concerns with respect to the proposed Township of Georgian Bay administration building. Mr. Walden provided background information and outlined concerns with respect to the process undertaken by the Township in determining the need for a new building. Ms. Cowieson advised that they represented over 1,200 taxpayers from the Township of Georgian Bay and were concerned with the lack of information provided by the Township (copy of presentation appended to the minutes). She advised that the Association neither supported nor opposed the proposed project because they were not able to obtain sufficient information to take a position. Ms. Cowieson requested that District Council defer any decision to approve the debenture issue until the Township has consulted with its taxpayers.
Chair Adams requested and received Council’s permission to consider a motion with respect to the debenture issue approval. He advised that he had met with members of the Georgian Shield Taxpayers’ Association and advised that the District of Muskoka did not have an oversight role in areas of Township business. Chair Adams inquired as to the District’s process with respect to debenture approval and Mr. Cairns advised that he was satisfied that the debt limits and repayment obligations were in order. Councillor Mackenzie inquired as to why the matter had not been first considered by the Corporate & Emergency Services Committee. Chair Adams advised that there was an issue of timing and the Township had requested that it be dealt with by District Council that evening. Councillor Kennedy commented that the Township had received advice from legal counsel and the Ministry of Municipal Affairs & Housing throughout the process and was satisfied that the appropriate procedures were followed. Councillor Braid advised that he was the chair of the building committee and he noted that the tender prices quoted would expire before the next Council meeting; it was critical to have the financing in place in order for the Township to finalize the building contract on June 20th. He noted the tremendous amount of work that had been undertaken with respect to the project.
A recorded vote was requested.
Moved by M. Kennedy and seconded by J. Klinck 27/2005 THAT District Council approve the issuing of debentures on behalf of the Township of Georgian Bay in the amount of $1,950,000.00 as requested in its By-law 2005-75; AND THAT District Council approve that the Township of Georgian Bay arrange interim financing in the amount of $1,950,000.00 in accordance with its By-law 2005-75 and Section 405 of the Municipal Act, 2001 as amended.
Yea Nay
S. Aitchison
B. Boivin
L. Braid
M. Casey
D. Coates
F. Coleman
B. Colhoun
A. Fairfield
P. Thompson
J. Hie
J. Klinck
M. Kennedy
H. Mackenzie
S. Martin
S. Miglin
S. Northmore
J. Peake
S. Pryke
T. Pilger
N. Thompson
S. Young
Carried
Chair Adams thanked Ms. Cowieson, Mr. Walden and other members of the Association for their attendance.
DECLARATION OF PECUNIARY INTERESTS RE: COUNCIL MINUTES AND COMMITTEE REPORTS Councillor Casey declared a pecuniary interest with respect to the matter of water quality monitoring regarding the minutes of the Planning & Economic Development Committee meeting No. PED-8-2005. DISTRICT COUNCIL MINUTES – 7(2005) Moved by F. Coleman and seconded by B. Colhoun THAT the minutes of Muskoka District Council meeting No. 7(2005) held on May 2, 2005 be adopted.
Carried.
COMMITTEE REPORTS
a) Planning & Economic Development – PED-8-2005 Councillor Boivin highlighted the minutes of the May 2, 2005 meeting of the Planning & Economic Development Committee. Moved by B. Boivin and seconded by S. Aitchison THAT the minutes of the Planning & Economic Development Committee meeting No. PED-8-2005 held on May 2, 2005 be adopted. Carried.
b) Community Services – CS-5-2005 Councillor Fairfield highlighted the minutes of the May 25, 2005 meeting of the Community Services Committee. Moved by B. Colhoun and seconded by F. Coleman THAT the minutes of the Community Services Committee meeting No. CS-5-2005 held on May 25, 2005 be adopted. Carried.
c) Planning & Economic Development – PED-9-2005 Councillor Boivin highlighted the minutes of the May 26, 2005 meeting of the Planning & Economic Development Committee. Moved by B. Boivin and seconded by S. Aitchison THAT the minutes of the Planning & Economic Development Committee meeting No. PED-9-2005 held on May 26, 2005 be adopted. Carried.
d) Engineering & Public Works – PW-6-2005 Councillor Miglin advised that he did not have a pecuniary interest as previously thought with respect to the recommendation regarding the agreement for traffic signals at Hanes Road and Muskoka Road No. 2.
i) Road Needs Study
Councillor Young inquired as to whether the spending identified in the Road Needs Study would be subject to Committee approval. Mr. White advised that the study does not chart spending but rather identifies needs and where funds should be allocated; spending is confirmed in the capital program. He noted that 1/3 of the road inventory is reviewed each year.
ii) Decommissioning – Hidden Valley Water System
In response to a question from Councillor Coleman, Mr. White confirmed that it was the decommissioned intake and low lift pumping station that was proposed to be transferred to the Hidden Valley Ski Club, not the water plant.
Moved by L. Braid and seconded by B. Boivin THAT the minutes of the Engineering & Public Works Committee meeting No. PW-6-2005 held on May 26, 2005 be adopted. Carried.
e) Corporate & Emergency Services
Councillor Pryke highlighted the minutes of the May 27, 2005 meeting of the Corporate & Emergency Services Committee.
i) Ambulance Response Time
In response to questions from Councillor Young, Mr. Cairns provided information with respect to ambulance response time statistics.
Moved by M. Kennedy and seconded by J. Klinck THAT the minutes of the Corporate & Emergency Services Committee meeting No. CES-5-2005 held on May 27, 2005 be adopted. Carried.
CORRESPONDENCE
1. THE MINISTRY OF THE ENVIRONMENT has issued a Certificate of Approval (Water)
No. 9668-6B9SK8 for the construction of watermains in the Town of Huntsville on Morris, Mary and Lorne Streets. (Received April 25, 2005) (Referred to Engineering and Finance Departments)
2. THE MINISTRY OF TOURISM AND RECREATION has informed of an innovative new approach being taken by the Ministry of support tourism development in Ontario. Recognizing that destination across the province is unique and requires a distinct approach to developing and marketing its tourism experiences, the Ministry intends to take a more strategic approach to growing the tourism industry in Ontario. Muskoka has been identified as one of the six key destinations being supported through this new approach and has been invited to participate in the initiative to ensure that a shared strategy and vision is developed for the future of tourism in Muskoka. (Received April 25, 2005) (Referred to Planning Department)
3. THE TOWN OF EAST GWILLIMBURY has requested Muskoka’s support of a resolution passed by their Council on March 29, 2005 respecting the Aggregates Act and requesting the Ministry of Natural Resources to review and amend the royalty payment presently paid to upper tier municipalities for extraction and for the rehabilitation of abandoned pits. (Received April 26, 2005) (Referred to Planning Department)
4. THE TOWN OF EAST GWILLIMBURY has requested Muskoka’s support of a resolution passed by their Council on March 29, 2005 requesting the Minister of Finance and the Minister of Transportation to develop a new formula for the gasoline tax rebate to municipalities, based on a per lane kilometre of roadway, and for both bus and rail transit systems on a per route kilometre basis. (Received April 26, 2005) (Referred to Finance Department)
5. THE TOWN OF EAST GWILLIMBURY has requested Muskoka’s support of a resolution passed by their Council on March 29, 2005 requested that the federal and provincial governments allow municipalities to use expenses such as pre-engineering studies that were carried out prior to the announcement of the COMRIF program to be included in approved projects. (Received April 26, 2005) (Referred to Engineering Department)
6. THE TOWNSHIP OF KING has requested Muskoka’s support of a resolution passed by their Council at its regular meeting of April 18, 2005 asking the Premier of Ontario to take immediate action to do what is right for the citizens of Ontario, community safety and to protect the rights of individuals by enacting legislation to protect emergency volunteer workers (career firefighters working as volunteers) without further delay. (Received May 2, 2005)
7. THE TOWN OF PARRY SOUND has requested Muskoka’s support of a resolution passed by their Council on April 19, 2005 requesting the Minister of Finance to amend the OMPF formula so that policing costs attributable to providing court security for the Parry Sound District Court House are shared on an equitable basis with all municipalities within the District of Parry Sound and that the endorsement of this resolution by all Ontario Municipalities that will now be required to fund court security costs for larger catchment areas. (May 2, 2005) (Referred to Finance & Corporate Services Department)
8. URS CANADA INC. has advised that they have been retained by the Ontario Ministry of Transportation to undertake the Detail Design of a new two-lane service road from Muskoka Road 48 (South Bay Road at Highway 400) southerly to the existing Baxter Township Waste Transfer Station entrance in the Township of Georgian Bay. URS has forwarded a copy of the associated Transportation Environmental Study Report for the project which will be available for public review from May 6 to June 6, 2005. (Received May 3, 2005) (Referred to Engineering and Planning Departments)
9. THE TOWNSHIP OF MUSKOKA LAKES has requested Muskoka’s comments respecting the proposed closing of the Original Shore Road Allowance lying in front of Part of Lots 31 and 32, Concession 11, Lake Rosseau, Watt Ward, Township of Muskoka Lakes (Rostrevor (Muskoka) Holdings Inc.) (Received May 5, 2005) (
10. HEALTH CANADA, PEST MANAGEMENT REGULATORY AGENCY has forwarded an information package providing useful references and highlights the three key elements of the Action Plan on Urban Use Pesticides. (Received May 4, 2005) (Referred to Engineering Department)
11. THE REGIONAL MUNICIPALITY OF DURHAM has requested Muskoka’s support of a resolution passed by their Council on May 4, 2005 requesting the Province to incorporate the Slow Moving Farm Vehicle Signage as a Provincial standard. (Received May 11, 2005) (Referred to Engineering Department)
12. THE COUNTY OF ESSEX has requested Muskoka’s support of a resolution passed by their Council on May 9, 2005 requesting the Province to fund Ontario Colleges on a more equitable level, in comparison to funding provided to Ontario Universities and Secondary Schools. (Received May 11, 2005)
13. STUART & CRUICKSHANK, Barristers and Solicitors has requested Muskoka’s comments respecting the proposed closing of the Original Shore Road Allowance in front of Lot G, Concession 16, Wood Ward, designated as Parts 6 and 5 on Plan 35R-20570 (Muldrew Lake), Town of Gravenhurst (Gray/Montross). (Received May 13, 2005) (Referred to Engineering Department)
14. STUART & CRUICKSHANK, Barristers and Solicitors has requested Muskoka’s comments respecting the proposed closing of the Original Shore Road Allowance in front of Lots F and G, concession 16, Wood Ward, designated as Parts 10, 9, 8 and 7 on Plan 35R-20570 (Muldrew Lake), Town of Gravenhurst (Hillier/Charlton/Kim/Cooper). (Received May 13, 2005) (Referred to Engineering Department)
15. THE MOOSE DEER POINT FIRST NATION have informed that, as per the O’Donnell Point Notification Protocol, they are undertaking a project within the community of Moose Deer Point First Nation to address drinking water issues. (Received May 16, 2005) (Referred to Engineering and Planning Departments)
16. THE MINISTER OF CITIZENSHIP AND IMMIGRATION has advised that Bill 118, the Accessibility for Ontarians with Disabilities Act, 2005 passed third reading and will take effect on royal assent. (Received May 16, 2005) (Referred to Finance & Corporate Services Department)
17. THE TOWNSHIP OF MUSKOKA LAKES has requested Muskoka’s comments respecting the closure of the original shore road allowances lying in front of Part Lot 26, Concession 10, Lake Muskoka, Monck Ward, Township of Muskoka Lakes (Walker). (Received May 17, 2005) (Referred to Engineering Department)
18. STUART & CRUICKSHANK, Barristers and Solicitors has requested Muskoka’s comments respecting the proposed closing of the following original shore road allowances lying in front of:
Lot 5, Conc. 2, Morrison Ward, Gravenhurst (Langill)
Lot I, Conc. 20, Wood Ward, Gravenhurst (Balfour)
Lot H, Conc. 19, Wood Ward, Gravenhurst (Balfour)
(Received May 18, 2005) (Referred to Engineering Department)
19. THE MINISTRY OF THE ENVIRONMENT has issued an amended Certificate of Approval #3266-6C5QM7 for proposed works to the Muskoka Beach Road Elevated Water Tower in the Town of Gravenhurst. (Received May 18, 2005) (Referred to Finance and Engineering Departments)
20. THE MINISTRY OF THE ENVIRONMENT has issued an amended Certificate of Approval #7553-6C5LDE for proposed works to the Fairview Drive Elevated Water Tower in the Town of Gravenhurst. (received May 18, 2005) (Referred to Finance and Engineering Departments)
21. THE COUNTY OF BRUCE has requested Muskoka’s support of a resolution passed by their Council on May 5, 2005 asking the Province to allocate the full funding pledge of $367 million, in 2005-2006 to address the shortfall and support appropriate levels of care to residents of long term care facilities. (Received May 19, 2005) (Referred to Community Services Department)
22. THE CITY OF KINGSTON has requested Muskoka’s support of a resolution passed by their Council on May 3, 2005 requesting the federal government to evaluate the current system of dental services. (Referred to Finance and Community Services Departments) (Received May 19, 2005)
23. SIMCOE MUSKOKA DISTRICT HEALTH UNIT has provided information regarding the 2005 WNv program directions in planning and preparation for the 2005 West Nile virus season. (Referred to Engineering Department) (Received May 19, 2006)
24. THE MINISTRY OF THE ENVIRONMENT has issued a Certificate of Approval #6332- 6C8RNZ to Clearbrook Building Corporation for the construction of storm and sanitary sewers in the Town of Bracebridge for Clearbook Development in the Town of Bracebridge. (Referred to Finance and Engineering Departments) (Received May 24, 2005)
25. THE MINISTRY OF THE ENVIRONMENT has issued a Certificate of Approval #6281- 6C8R7S to Clearbrook Building Corporation for the construction of watermains for Clearbrook ‘Development in the Town of Bracebridge. (Referred to Finance and Engineering Departments) (Received May 25, 2005)
26. THE CITY OF CAMBRIDGE has requested Muskoka’s support of a resolution passed by their Council on May 16, 2005 requesting the Province to amend the Occupiers Liability Act so as to clearly establish that those using trail systems are deemed to do so at their own risks, so that owners and volunteer organizations will not be held liable in any way for any damages arising from the use of trails by the public. (Received June 3, 2005)
MOTIONS
Moved by L. Braid and seconded by M. Kennedy 28/2005 THAT Resolution #7/2004 be amended by deleting the name H. Jackson and replacing it with M. Kennedy.
Carried.
BY-LAWS
Moved by A. Fairfield and seconded by B. Colhoun THAT by-laws for first reading be numbered and entitled
2005-27 Being a by-law to provide for permission for limited use of All Terrain Vehicles on certain Muskoka Roads on a trial and conditional basis
2005-28 Being a by-law to authorize the construction of waterworks (Wagner Street, Farquar Street and Sarah Street – Gravenhurst) 2005-29 Being a by-law to authorize the construction of sanitary sewage works (Manitoba Street, Bracebridge)
2005-30 Being a by-law to modify and approve, as modified, Amendment No. 42 to the Official Plan of the Town of Huntsville
2005-32 Being a by-law to regulate traffic on Muskoka Road No. 2 (Huntsville) AND THAT the by-laws be read a first time.
Carried.
Moved by A. Fairfield and seconded by B. Colhoun THAT By-laws read a first time and numbered 2005-27, 2005-28, 2005-29, 2005-30 and 2005-32 be read a second time.
Carried.
Chair Adams requested and received permission for third reading of the by-laws.
Moved by S. Pryke and seconded by T. Pilger
THAT by-laws read a first and second time and numbered 2005-27, 2005-28, 2005-29, 2005-30 and 2005-32 be read a third time and finally passed.
Carried.
NEW BUSINESS
a) Declaration of Pecuniary Interests re: Supplementary Motions List None were declared.
b) Upcoming Tender Awards
It was noted that the following tenders would be awarded at the June 15, 2005 meeting of the Engineering & Public Works Committee:
i) Tender No. 05-422-602 – Watermain Replacement, Huntsville
ii) Tender No. 05-400-700 – No-Dig Sanitary Sewer and Manhole
Rehabilitation
iii) Quotation No. 03-315-112 – Culvert Installation, Muskoka Roads 14, 30,
31 and 47
iv) Tender No. 05-420-604-1 – Kirby’s Beach Water Treatment Plant
Modifications, Town of Bracebridge
v) Award of Quotation – Port Carling Wastewater Treatment Plant,
Mechanical Modifications
c) Wetland Impact Study – Muskoka Airport
Moved by S. Young and seconded by N. Thompson 29/2005
THAT the proposal submitted by Gartner Lee Limited to undertake an environmental impact study (EIS) of the wetland located on the eastside of the Muskoka Airport (Project Number 05-816-587) be accepted and that Gartner Lee Limited be engaged for the project at a cost not to exceed $14,000.00 plus GST and funded from the Airport reserve.
Carried.
d) Provincial Government – Lack of Response to Concerns Chair Adams noted the lack of response from provincial officials to concerns repeatedly raised by the District of Muskoka with respect to the loss of northern Ontario designation and the cost sharing formula for the Simcoe Muskoka District Health Unit. He urged Councillors to come forward with any suggestions or comments that may be of assistance.
e) Committee of the Whole in Closed Session
Moved by D. Coates and seconded by M. Casey
THAT we do now adjourn to a Committee of the Whole in Closed Session to discuss property and personnel matters. Carried.
Moved by B. Boivin and seconded by M. Casey THAT we do now rise from a Committee of the Whole in Closed Session and reconvene in open session and report. Carried.
f) Encroachment – Manitoba Street
Moved by D. Coates and seconded by F. Coleman 30/2005 THAT the request to continue the encroachment of the building known as Reader’s World, located at
52 Manitoba Street in Bracebridge, as illustrated on the sketch attached hereto, be granted, subject to a standard form Encroachment Permit being entered into.
Carried.
g) Memorandum of Agreement – CUPE
Moved by S. Aitchison and seconded by B. Boivin 31/2005 THAT the Memorandum of Agreement between The District Municipality of Muskoka and Canadian Union of Public Employees and its Local 1813 representing Outside employees dated
May 18, 2005 be ratified. Carried.
CONFIRMING BY-LAW
Moved by J. Hie and seconded by M. Casey
THAT By-law 2005-31 being a by-law to confirm the proceedings of the Council of The District Municipality of Muskoka at this meeting held on the 13th day of June, 2005 be amended by the addition of Resolutions 23/2005, 24/2005, 25/2005, 26/2005, 27/2005, 28/2005, 29/2005, 30/2005 and 31/2005; AND THAT the by-law, as amended, be read and passed.
Carried.
ADJOURNMENT
Moved by D. Coates and seconded by J. Hie
THAT we do now adjourn to meet again on Monday, July 4, 2005 or at the call of the Chair. Carried.
District Chair District Clerk